House Bill hb1053e3
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CS/CS/HB 1053, Third Engrossed
1 A bill to be entitled
2 An act relating to Transportation Department;
3 amending s. 20.23, F.S.; revising language with
4 respect to the organization of the department;
5 deleting responsibilities assigned to the
6 secretary; providing that the secretary or his
7 or her designee shall submit a report on major
8 actions at each meeting of the Florida
9 Transportation Commission; revising language
10 with respect to assistant secretaries; creating
11 the Office of Comptroller; deleting language
12 with respect to the inspector general and
13 comptroller; changing the Turnpike District
14 into a turnpike enterprise; exempting the
15 turnpike enterprise from department policies,
16 procedures, and standards, subject to the
17 Secretary of Transportation's decision to apply
18 such requirements; giving the secretary
19 authority to promulgate rules that will assist
20 the turnpike enterprise in using best business
21 practices; amending s. 110.205, F.S.;
22 correcting cross references, to conform;
23 amending s. 163.3177(6); providing for
24 incorporation of an airport master plan into
25 the local government comprehensive plan and
26 providing requirements with respect thereto;
27 providing that development that is consistent
28 with an approved plan is not a development of
29 regional impact; amending s. 163.3180, F.S.;
30 extending a deadline for development on certain
31 roads; amending s. 189.441, F.S.; removing an
1
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CS/CS/HB 1053, Third Engrossed
1 exemption to s. 287.055, F.S.; amending s.
2 73.092, F.S., specifying the award of
3 attorney's fees and costs in eminent domain
4 proceedings; amending s. 206.46, F.S.; revising
5 language with respect to the State
6 Transportation Trust Fund; increasing the debt
7 service cap; amending s. 255.20, F.S.;
8 exempting certain transportation projects for
9 certain competitive bidding requirements;
10 amending s. 287.005, F.S.; increasing the
11 amount defining a continuing contract;
12 amending s. 311.09, F.S.; directing seaports to
13 abide by the provisions of s. 287.055, F.S.,
14 related to competitive negotiation; amending s.
15 311.07, F.S.; providing an exemption from
16 matching funds for seaport security projects;
17 amending s. 315.031, F.S.; authorizing certain
18 entertainment expenditures for seaports;
19 amending s. 316.302, F.S.; revising a date
20 concerning commercial motor vehicles to conform
21 to federal regulations; amending s. 316.3025,
22 F.S.; updating a cross reference to federal
23 trucking regulations; amending s. 316.515,
24 F.S.; deleting a requirement for a department
25 permit with respect to the height of automobile
26 transporters; amending s. 316.535, F.S.; adding
27 weight requirements for certain commercial
28 trucks; amending s. 316.545, F.S.; correcting a
29 cross reference; amending s. 330.27, F.S.;
30 revising definitions relating to aviation;
31 providing definitions; amending s. 330.29,
2
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CS/CS/HB 1053, Third Engrossed
1 F.S.; clarifying the department's rulemaking
2 authority with respect to airports; amending s.
3 330.30, F.S.; eliminating airport license fees;
4 revising language with respect to the
5 department's site approval process; eliminating
6 on-site inspections of private airports;
7 creating a registration process for private
8 airports; providing conditions; deleting
9 obsolete language; providing exceptions;
10 amending s. 330.35, F.S.; deleting obsolete
11 language with respect to airport zoning;
12 amending s. 330.36, F.S.; providing conditions
13 under which municipalities may prohibit or
14 otherwise regulate seaplanes; amending s.
15 331.308, F.S.; revising membership of the board
16 of supervisors of the Spaceport Florida
17 Authority; amending s.332.004, F.S.; adding
18 off-airport noise mitigation projects to the
19 projects eligible for federal and state
20 matching funds; amending s. 334.044, F.S.;
21 authorizing the department to expend
22 promotional money on scenic highway projects;
23 authorizing the department to delegate its
24 drainage permitting responsibilities to other
25 governmental entities under certain
26 circumstances; amending s. 334.193, F.S.;
27 providing for employee bidding by department
28 employees; amending s. 334.30, F.S.; clarifying
29 existing program for public-private
30 transportation projects; specifying legislative
31 approval for certain projects; specifying
3
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CS/CS/HB 1053, Third Engrossed
1 notice and selection requirements for projects
2 under this section; allowing Internal Revenue
3 Service Code chapter 63-20 corporations to
4 participate in these public-private
5 transportation projects; providing conditions
6 for using loans from Toll Facilities Revolving
7 Trust Fund; deleting obsolete language;
8 creating s. 335.066, F.S.; creating the Safe
9 Paths to Schools Program; directing the
10 department to establish the program and to
11 authorize establishment of a grant program for
12 purposes of funding the program; authorizing
13 the department to adopt rules to administer the
14 program; amending s. 335.141, F.S.; eliminating
15 the requirement that the department regulate
16 all train speeds; amending s. 336.12, F.S.;
17 creating a process for homeowners' associations
18 to be conveyed roads and rights-of-way
19 abandoned by a county governing board for the
20 purpose of converting subdivisions into gated
21 neighborhoods; amending s. 336.41, F.S.;
22 clarifying that a contract already qualified by
23 the Department of Transportation is presumed
24 qualified to bid on county road projects;
25 amending s. 336.44, F.S.; replacing the term
26 "competent" with "responsible bidder"; amending
27 s. 337.107, F.S.; authorizing the department to
28 enter into design-build contracts that include
29 right-of-acquisition services; amending s.
30 337.11, F.S.; raising the cap on certain
31 contracts into which the department can enter
4
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CS/CS/HB 1053, Third Engrossed
1 without first obtaining bids; adding
2 enhancement projects to the types of projects
3 that can be combined into a design-build
4 contract; specifying that construction on
5 design-build projects may not begin until
6 certain conditions have been met; amending s.
7 337.14, F.S.; clarifying that contractors
8 qualified by the Department of Transportation
9 are presumed qualified to bid on projects for
10 expressway authorities; amending s. 337.401,
11 F.S.; providing that for projects on public
12 roads or rail corridors under the department's
13 jurisdiction, a utility relocation schedule and
14 relocation agreement may be executed in lieu of
15 a written permit; amending s. 339.08, F.S.;
16 clarifying language with respect to the use of
17 moneys in the State Transportation Trust Fund;
18 amending s. 339.12, F.S.; raising the cap on
19 the amount of money that a local government can
20 advance the department for state road projects;
21 providing that local governments which perform
22 projects for the department are compensated
23 promptly; amending s. 339.135, F.S.; conforming
24 language with respect to the tentative work
25 program; extending the concurrency deadline for
26 certain department road projects; conforming a
27 reference to the turnpike district; amending s.
28 339.137, F.S.; revising definitions; amending
29 criteria for program eligibility; directing the
30 advisory council to develop methodology for
31 ranking and prioritizing project proposals;
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CS/CS/HB 1053, Third Engrossed
1 directing the Florida Transportation Commission
2 to review the proposed project list before
3 submittal to the Legislature; amending s.
4 341.051, F.S.; deleting obsolete language;
5 amending s. 341.302, F.S.; deleting obsolete
6 language; amending s. 348.0003, F.S.; giving a
7 county governing body authority to set
8 qualifications, terms of office, and
9 obligations for the members of expressway
10 authorities within their jurisdictions;
11 amending ss. 348.0012, 348.754, 348.7543,
12 348.7544, 348.7545, 348.755, and 348.765, F.S.;
13 giving the Orlando-Orange County Expressway
14 Authority the ability to issue bonds, rather
15 than issuance through the state Division of
16 Bond Finance; amending s. 348.565, F.S.; adding
17 the Leroy Selmon Crosstown Expressway connector
18 to the legislatively approved list of
19 expressway projects; amending s. 373.4137,
20 F.S.; allowing transportation authorities
21 created pursuant to chs. 348 and 349, F.S., to
22 create environmental impact inventories and
23 participate in a mitigation program to offset
24 adverse impacts caused by their transportation
25 projects; amending s. 373.414, F.S.; providing
26 for legislative review of the uniform wetland
27 mitigation assessment method rule; amending s.
28 479.15, F.S.; revising language with respect to
29 harmony of regulations concerning lawfully
30 erected signs; creating s. 479.25, F.S.;
31 authorizing local governments to enter into
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CS/CS/HB 1053, Third Engrossed
1 agreements which allow outdoor signs to be
2 erected above sound barriers; creating s.
3 70.20, F.S.; creating process for governmental
4 entities and sign owners to enter into
5 relocation and reconstruction agreements
6 related to outdoor advertising signs; providing
7 for just compensation to sign owners under
8 certain conditions; amending s. 496.425, F.S.;
9 redefining the term "facility"; creating s.
10 496.4256, F.S.; providing that a governmental
11 entity or authority that owns or operates
12 welcome centers, wayside parks, service plazas,
13 or rest areas on the state highway system are
14 not required to issue a permit to, or grant
15 access to, any person for the purpose of
16 soliciting funds; repealing s. 316.3027, F.S.;
17 relating to identification requirements on
18 certain commercial motor vehicles; amending s.
19 337.408, F.S.; revising language with respect
20 to the regulation of benches, transit shelters,
21 and waste disposal receptacles within
22 rights-of-way; providing for regulation of
23 street light poles; amending s. 380.0651, F.S.;
24 excluding certain wholesaling facilities from
25 development-of-regional-impact review; amending
26 s. 768.28, F.S.; providing that certain
27 operators of rail services and providers of
28 security for rail services are agents of the
29 state for certain purposes; providing for
30 indemnification; repealing s. 316.610(3), F.S.;
31 relating to certain inspections of certain
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CS/CS/HB 1053, Third Engrossed
1 commercial motor vehicles; amending s. 337.025,
2 F.S.; eliminating cap on innovative highway
3 projects for the turnpike enterprise; amending
4 s. 337.11, F.S.; providing an exemption for a
5 turnpike enterprise project; amending s.
6 338.22, F.S.; redesignating the Florida
7 Turnpike Law as the Florida Turnpike Enterprise
8 Law; amending s. 338.221, F.S.; redefining the
9 term "economically feasible" as used with
10 respect to turnpike projects; creating s.
11 338.2215, F.S.; providing legislative findings,
12 policy, purpose, and intent for the Florida
13 Turnpike Enterprise; creating s. 338.2216,
14 F.S.; prescribing the power and authority of
15 the turnpike enterprise; amending s. 338.223,
16 F.S.; increasing the maximum loan amount for
17 the turnpike enterprise; amending ss. 338.165
18 and 338.227, F.S.; conforming provisions;
19 amending s. 338.2275, F.S.; authorizing the
20 turnpike enterprise to advertise for bids for
21 contracts prior to obtaining environmental
22 permits; amending s. 338.234, F.S.; authorizing
23 the turnpike enterprise to expand business
24 opportunities; amending s. 338.235, F.S.;
25 authorizing the consideration of goods instead
26 of fees; amending s. 338.239, F.S.; providing
27 that approved expenditure to the Florida
28 Highway Patrol be paid by the turnpike
29 enterprise; amending s. 338.241, F.S.; lowering
30 the required cash reserve for the turnpike
31 enterprise; amending s. 338.251, F.S.;
8
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CS/CS/HB 1053, Third Engrossed
1 conforming provisions; amending s. 553.80,
2 F.S.; providing for self-regulation; amending
3 s. 333.06, F.S.; requiring each licensed
4 publicly owned and operated airport to prepare
5 an airport master plan; providing notice to
6 affected local governments with respect
7 thereto; amending s. 373.414, F.S.; providing
8 for legislative review of the uniform wetland
9 mitigation assessment method rule; amending s.
10 380.06, F.S., relating to developments of
11 regional impact; removing provisions which
12 specify that certain changes or increases in
13 the storage capacity for chemical or petroleum
14 storage facilities constitute a substantial
15 deviation and require further
16 development-of-regional-impact review;
17 exempting certain proposed facilities for the
18 storage of any petroleum product from
19 development-of-regional-impact requirements;
20 amending ss. 163.3180 and 331.303, F.S.;
21 correcting references; providing application
22 with respect to airports and petroleum storage
23 facilities which have received a
24 development-of-regional-impact development
25 order, or which have an application for
26 development approval or notification of
27 proposed change pending, on the effective date
28 of the act; providing for severability;
29 authorizing a board of county commissioners to
30 require by ordinance that an additional amount
31 be collected with each civil fine and used to
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CS/CS/HB 1053, Third Engrossed
1 fund traffic education and awareness programs;
2 designating a number of roads and bridges in
3 honor of certain individuals; providing that
4 certain funds may be used for arterial highway
5 construction whether or not certain
6 contingencies are met; amending s. 316.003,
7 F.S.; defining the term "motorized scooter";
8 amending s. 316.2065, F.S.; providing motorized
9 scooter operating regulations; amending ss.
10 320.08056 and 320.08058, F.S.; providing for a
11 Florida Golf license plate; providing for a use
12 fee; directing the Department of Highway Safety
13 and Motor Vehicles to develop a Florida Golf
14 license plate; providing for the distribution
15 and use of fees; requiring the Florida Sports
16 Foundation to establish a youth golf program;
17 providing for an advisory committee; requiring
18 multicounty airport authorities with
19 development-of-regional-impact development
20 orders to establish a noise-mitigation-project
21 fund; providing for the expenditure of such
22 funds; preventing the airport authority from
23 amending its development order or commencing
24 development until such funds are expended;
25 amending s. 331.367, F.S.; revising the
26 membership and functions of entities under the
27 Spaceport Management Council; amending s.
28 331.368, F.S.; revising provisions relating to
29 the authority of the Florida Space Research
30 Institute; amending s. 338.165, F.S.; providing
31 for the use of remaining title revenues in
10
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CS/CS/HB 1053, Third Engrossed
1 certain counties; amending s. 943.1758, F.S.;
2 providing that instruction in interpersonal
3 skills relating to diverse populations shall
4 consist of a module developed by the Criminal
5 Justice Standards and Training Commission on
6 the topic of discriminatory profiling; amending
7 ss. 30.15 and 166.0493, F.S.; requiring
8 sheriffs and municipal law enforcement agencies
9 to incorporate antiracial or other
10 antidiscriminatory profiling policies into
11 their policies and practices; providing
12 guidelines and requirements for such policies;
13 creating ss. 332.201, 332.202, 332.203,
14 332.204, 332.205, 332.206, 332.207, 332.208,
15 332.209, 332.210, and 332.211, F.S.; creating
16 the Florida Airport Authority Act; providing
17 definitions; providing that certain counties
18 shall form an airport authority; providing that
19 certain former military facilities redeveloped
20 and operated as an airport shall be redeveloped
21 and operated by an authority under the act, and
22 providing for membership of the governing body
23 of such authorities; providing for appointment
24 of members of the governing body of an
25 authority; providing for officers, employees,
26 expenses, removal from office, and application
27 of financial disclosure provisions; providing
28 purposes and powers of an authority; providing
29 restrictions on authority powers; providing for
30 issuance of bonds; providing that the county
31 may be appointed as an authority's agent for
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CS/CS/HB 1053, Third Engrossed
1 construction; providing for acquisition of
2 lands and property; providing for cooperation
3 with other units, boards, agencies, and
4 individuals; providing a covenant of the state
5 with respect to bond issuance and agreements
6 with federal agencies; providing an exemption
7 from taxation; providing for applicability;
8 requiring members of the authority to file
9 financial disclosure; providing appropriations;
10 providing funding to the Florida Commercial
11 Space Financing Corporation and the Spaceport
12 Florida Authority and used for funding
13 aerospace infrastructure; providing duties of
14 the corporation, the authority, the Office of
15 Tourism, Trade, and Economic Development, and
16 the Space Industry Committee; providing a
17 definition; providing an appropriation;
18 amending s. 316.003, F.S.; providing that
19 certain vehicles of the Department of Health
20 are authorized emergency vehicles; providing
21 that a motorized scooter is not a motor vehicle
22 for traffic control purposes; creating a
23 definition of the term motorized scooter;
24 amending s. 316.006, F.S.; authorizing the
25 installation of multiparty stop signs on
26 certain roads; providing guidelines for the
27 installation of such signage; amending s.
28 316.1951, F.S.; amending 316.1967, F.S.;
29 allowing a fine designated by county ordinance;
30 revising provisions related to parking vehicles
31 to display for sale; amending s. 316.1975,
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CS/CS/HB 1053, Third Engrossed
1 F.S.; exempting operators of solid waste and
2 recovered materials vehicles from provisions
3 regarding unattended motor vehicles; amending
4 s. 316.2065, F.S.; providing motorized scooter
5 operating regulations; amending s. 316.228,
6 F.S.; requiring strobe lights to be placed on
7 the exterior of a commercial vehicle
8 transporting unprocessed forest products
9 extending more than 4 feet beyond the rear of
10 the vehicle; providing an alternate method for
11 placing strobe lights in certain instances;
12 requiring the use of a red flag on the load;
13 amending s. 316.2397, F.S.; authorizing the
14 emergency response vehicles of the Department
15 of Health to use red flashing lights; amending
16 s. 316.520, F.S.; clarifying that a violation
17 of a provision governing loads on vehicles is a
18 moving rather than a nonmoving violation;
19 exempting certain vehicles carrying
20 agricultural products; amending s. 316.640,
21 F.S.; revising the powers and duties of traffic
22 crash investigation officers; authorizing
23 university police officers to enforce state
24 traffic laws violated on or adjacent to
25 property under control of the university or its
26 agents; amending s. 316.650, F.S.; requiring
27 the issuance of a copy of the traffic school
28 reference guide with traffic citations under
29 certain circumstances; amending s. 318.14,
30 F.S.; deleting reference to a restriction on
31 the number of elections a person may make to
13
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CS/CS/HB 1053, Third Engrossed
1 attend a basic driver improvement course;
2 amending s. 318.1451, F.S.; providing traffic
3 school reference guide requirements; amending
4 s. 318.18, F.S.; allowing fine amount
5 designated by county ordinance plus court
6 costs; amending the date by which court clerks
7 must electronically transmit to the department
8 specified information; amending s. 322.0261,
9 F.S.; deleting reference to a time period and
10 increasing the amount of damage required with
11 respect to a crash for the screening of certain
12 crash reports; requiring the Department of
13 Highway Safety and Motor Vehicles to approve
14 and regulate certain courses for driver
15 improvement schools; amending s. 322.161, F.S.;
16 increasing the number of points that a driver
17 under a specified age may accumulate before the
18 department is required to issue that driver a
19 restricted license; creating s. 322.02615,
20 F.S.; providing for mandatory driver
21 improvement courses for certain violations;
22 amending s. 319.001, F.S.; providing
23 definitions; amending s. 319.14, F.S.;
24 authorizing the Department of Highway Safety
25 and Motor Vehicles to place a decal on a
26 rebuilt vehicle so as to clarify its identity;
27 providing a penalty for the removal of the
28 decal; amending s. 319.23, F.S.; conforming the
29 requirements for the transfer of ownership on
30 an antique vehicle to that of any other motor
31 vehicle; revising provisions relating to motor
14
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CS/CS/HB 1053, Third Engrossed
1 vehicle titles; amending s. 319.28, F.S.;
2 deleting the requirement that a copy of a
3 contract for processing an application for
4 title based on a contractual default be
5 provided; amending s. 319.30, F.S.; clarifying
6 the major component parts of a motor vehicle;
7 amending s. 320.01, F.S.; conforming the length
8 limitation for a motor home to that established
9 in ch. 316, F.S.; providing that a motorized
10 scooter is not a motor vehicle for registration
11 purposes; amending s. 320.02, F.S.; requiring
12 application forms for motor vehicle
13 registration and renewal of registration to
14 include language permitting a voluntary
15 contribution to certain organizations; amending
16 s. 320.023, F.S.; requiring certain
17 organizations receiving voluntary check-off
18 contributions to notify the department under
19 certain circumstances and to meet specified
20 requirements; conforming the section to the
21 Florida Single Audit Act; requiring
22 organizations seeking authorization to
23 establish a voluntary check-off contribution on
24 a motor vehicle registration application to
25 conform to the requirements of ch. 496, F.S.;
26 conforming this section to the Florida Single
27 Audit Act; amending s. 320.025, Florida
28 Statutes, conforming the vessel registration
29 law to the motor vehicle registration law;
30 requiring a decal to be affixed to a vessel
31 that is registered under a fictitious name and
15
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CS/CS/HB 1053, Third Engrossed
1 operated by any law enforcement agency;
2 amending s. 320.05, F.S.; conforming the vessel
3 registration law to the motor vehicle
4 registration law; providing instructions for
5 the release of information regarding a vessel
6 to the public; amending s. 320.055, F.S.;
7 correcting the registration period for
8 nonapportioned vehicles; amending s. 320.06,
9 F.S.; providing for the placement of only one
10 decal rather than two on a license plate;
11 amending s. 320.072, F.S.; reducing the
12 timeframe a registrant can use a previous
13 license plate for the initial registration fee
14 exemption; amending s. 320.0805, F.S.; reducing
15 the timeframe for a personalized license plate
16 to remain out of circulation prior to
17 reassignment; amending s. 320.08056, F.S.;
18 requiring the department to count annual
19 renewals when determining whether to
20 discontinue a speciality license plate;
21 requiring certain organizations to notify the
22 department under certain circumstances;
23 including two more colleges to the
24 discontinuance exemptions provided for
25 collegiate specialty license plates; providing
26 for a Florida Golf license plate; amending s.
27 320.08058, F.S.; requiring the department to
28 develop the Florida Golf license plate;
29 providing for distribution of proceeds of the
30 annual use fees; requiring the Florida Sports
31 Foundation to establish a youth golf program;
16
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CS/CS/HB 1053, Third Engrossed
1 providing for an advisory committee; amending
2 s. 320.08062, F.S.; conforming this section to
3 the Florida Single Audit Act; amending s.
4 320.083, F.S.; increasing the weight
5 restriction for a private-use vehicle so as to
6 be eligible to apply for the Amateur Radio
7 Operator specialty license plate; amending s.
8 320.089, F.S.; providing for the issuance of
9 Pearl Harbor Survivor and Purple Heart license
10 plates without payment to a disabled veteran;
11 increasing the weight restriction for a
12 private-use vehicle so as to be eligible to
13 apply for the EX-POW or Purple Heart specialty
14 license plate; amending s. 320.18, F.S.;
15 providing for cancellation of license plates
16 and fuel use tax decals for failure to pay
17 motor carrier weight and safety violation
18 penalties; amending s. 320.27, F.S.; redefining
19 the term "motor vehicle auction"; deleting the
20 requirement for a licensee to have the
21 certificate of title or ownership indicia in
22 his or her possession at an auction; deleting a
23 requirement for establishing a pattern of
24 wrongdoing; revising requirements for denial,
25 suspension, or revocation of a motor vehicle
26 dealer license; amending s. 320.691 F.S.;
27 creating the Automobile Dealers Industry
28 Advisory Board; amending s. 322.01, F.S.;
29 providing that a motorized scooter is not a
30 motor vehicle for drivers' licensing purposes;
31 amending s. 322.05, F.S.; correcting a
17
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CS/CS/HB 1053, Third Engrossed
1 statutory reference regarding the requirements
2 for an individual under 18 years of age to
3 apply for a driver's license; amending s.
4 322.081, F.S.; requiring certain organizations
5 receiving voluntary check-off contributions to
6 notify the department under certain
7 circumstances and to meet specified
8 requirements; conforming the section to the
9 Florida Single Audit Act; requiring
10 organizations seeking authorization to
11 establish a voluntary contribution on a motor
12 vehicle registration to register with the
13 Department of Agriculture and Consumer
14 Services; amending s. 322.095, F.S.; requiring
15 the Department of Highway Safety and Motor
16 Vehicles to approve and regulate certain
17 courses for driver improvement schools;
18 creating s. 322.222, F.S.; authorizing the
19 Department of Highway Safety and Motor Vehicles
20 to hold a hearing when an individual's driver's
21 license has been suspended or revoked due to
22 medical reasons; amending s. 322.25, F.S.;
23 correcting a cross reference; amending s.
24 322.2615, F.S.; complying with the USDOT's
25 drunk driving prevention incentive program;
26 reducing the timeframe for a temporary permit
27 that is allotted when an individual is charged
28 with driving with an unlawful blood-alcohol
29 level; amending s. 322.27, F.S.; clarifying the
30 time period for a driver's license revocation
31 of a habitual traffic offender; amending s.
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CS/CS/HB 1053, Third Engrossed
1 322.28, F.S.; deleting obsolete language
2 regarding the revocation of a driver's license;
3 repealing s. 322.282, F.S., relating to the
4 procedure when the court revokes or suspends
5 license or driving privilege and orders
6 reinstatement; amending s. 322.292, F.S.;
7 adding the requirement that DUI programs must
8 be governmental programs or not-for-profit
9 corporations; amending s. 322.61, F.S.;
10 complying with the Federal Motor Carrier Safety
11 Regulations; adding two more violations for
12 which a commercial motor vehicle may be
13 disqualified of driving privileges; amending s.
14 322.64, F.S.; reducing the timeframe for a
15 temporary permit allotted when an individual
16 holding a commercial driver's license is
17 charged with an unlawful blood-alcohol level;
18 repealing s. 322.331, F.S., relating to the
19 reinstatement of a license of a habitual
20 traffic offender; amending s. 324.091, F.S.;
21 providing for electronic access to vehicle
22 insurance information; amending s. 328.01,
23 F.S.; deleting the requirement for a copy of a
24 contract upon which a claim of ownership of a
25 vessel is made on a contractual default;
26 amending s. 328.42, F.S.; authorizing the
27 department to deny or cancel any vessel
28 registration, license plate, or fuel use decal
29 when given a dishonored check by the customer;
30 amending s. 328.56, F.S.; deleting the terms
31 "commercial" and "recreational" when referring
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CS/CS/HB 1053, Third Engrossed
1 to vessels operated on the waters of this
2 state; amending s. 328.72, F.S.; deleting the
3 requirements for the transfer of ownership of
4 an antique vessel; amending s. 328.76, F.S.;
5 providing for the appropriation allotted for
6 fiscal year 2000-2001 to be deposited into the
7 Highway Safety Operating Trust Fund; amending
8 s. 713.78, F.S.; adding the insurance company
9 to the list of individuals to be contacted when
10 a vehicle has been towed; providing storage
11 periods before the expiration of which certain
12 salvaged vehicles may not be sold; repealing s.
13 715.05, F.S., relating to the reporting of
14 unclaimed motor vehicles; amending ss. 681.1096
15 and 681.1097, F.S.; revising program
16 requirements for the Pilot RV Mediation and
17 Arbitration program; amending s. 681.115, F.S.;
18 providing that a motor vehicle sales agreement
19 which prohibits disclosure of its terms is
20 void; amending s. 715.07, F.S.; conforming the
21 vessel registration law to the motor vehicle
22 registration law; defining the term "vessel";
23 authorizing the removal of an undocumented
24 vessel parked on private property; amending s.
25 832.09, F.S.; authorizing the department to
26 create a standardized form to be used for
27 notification of satisfaction of a worthless
28 check; amending s. 322.056, F.S.; authorizing
29 the court to direct the Department of Highway
30 Safety and Motor Vehicles to issue a driver's
31 license restricted to business or employment
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CS/CS/HB 1053, Third Engrossed
1 purposes only to certain persons under age 18
2 found guilty of certain alcohol, drug, or
3 tobacco offenses; providing effective dates.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 20.23, Florida Statutes, is amended
8 to read:
9 20.23 Department of Transportation.--There is created
10 a Department of Transportation which shall be a decentralized
11 agency.
12 (1)(a)1. The head of the Department of Transportation
13 is the Secretary of Transportation. The secretary shall be
14 appointed by the Governor from among three persons nominated
15 by the Florida Transportation Commission and shall be subject
16 to confirmation by the Senate. The secretary shall serve at
17 the pleasure of the Governor.
18 (b)2. The secretary shall be a proven, effective
19 administrator who by a combination of education and experience
20 shall clearly possess a broad knowledge of the administrative,
21 financial, and technical aspects of the development,
22 operation, and regulation of transportation systems and
23 facilities or comparable systems and facilities.
24 (b)1. The secretary shall employ all personnel of the
25 department. He or she shall implement all laws, rules,
26 policies, and procedures applicable to the operation of the
27 department and may not by his or her actions disregard or act
28 in a manner contrary to any such policy. The secretary shall
29 represent the department in its dealings with other state
30 agencies, local governments, special districts, and the
31 Federal Government. He or she shall have authority to sign
21
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1 and execute all documents and papers necessary to carry out
2 his or her duties and the operations of the department. At
3 each meeting of the Florida Transportation Commission, the
4 secretary shall submit a report of major actions taken by him
5 or her as official representative of the department.
6 2. The secretary shall cause the annual department
7 budget request, the Florida Transportation Plan, and the
8 tentative work program to be prepared in accordance with all
9 applicable laws and departmental policies and shall submit the
10 budget, plan, and program to the Florida Transportation
11 Commission. The commission shall perform an in-depth
12 evaluation of the budget, plan, and program for compliance
13 with all applicable laws and departmental policies. If the
14 commission determines that the budget, plan, or program is not
15 in compliance with all applicable laws and departmental
16 policies, it shall report its findings and recommendations
17 regarding such noncompliance to the Legislature and the
18 Governor.
19 (c)3. The secretary shall provide to the Florida
20 Transportation Commission or its staff, such assistance,
21 information, and documents as are requested by the commission
22 or its staff to enable the commission to fulfill its duties
23 and responsibilities.
24 (d)(c) The secretary shall appoint two three assistant
25 secretaries who shall be directly responsible to the secretary
26 and who shall perform such duties as are specified in this
27 section and such other duties as are assigned by the
28 secretary. The secretary may delegate to any assistant
29 secretary the authority to act in the absence of the
30 secretary. The department has the authority to adopt rules
31 necessary for the delegation of authority beyond the assistant
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1 secretaries. The assistant secretaries shall serve at the
2 pleasure of the secretary.
3 (e)(d) Any secretary appointed after July 5, 1989, and
4 the assistant secretaries shall be exempt from the provisions
5 of part III of chapter 110 and shall receive compensation
6 commensurate with their qualifications and competitive with
7 compensation for comparable responsibility in the private
8 sector. When the salary of any assistant secretary exceeds
9 the limits established in part III of chapter 110, the
10 Governor shall approve said salary.
11 (2)(a)1. The Florida Transportation Commission is
12 hereby created and shall consist of nine members appointed by
13 the Governor subject to confirmation by the Senate. Members
14 of the commission shall serve terms of 4 years each.
15 2. Members shall be appointed in such a manner as to
16 equitably represent all geographic areas of the state. Each
17 member must be a registered voter and a citizen of the state.
18 Each member of the commission must also possess business
19 managerial experience in the private sector.
20 3. A member of the commission shall represent the
21 transportation needs of the state as a whole and may not
22 subordinate the needs of the state to those of any particular
23 area of the state.
24 4. The commission is assigned to the Office of the
25 Secretary of the Department of Transportation for
26 administrative and fiscal accountability purposes, but it
27 shall otherwise function independently of the control and
28 direction of the department.
29 (b) The commission shall have the primary functions
30 to:
31
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1 1. Recommend major transportation policies for the
2 Governor's approval, and assure that approved policies and any
3 revisions thereto are properly executed.
4 2. Periodically review the status of the state
5 transportation system including highway, transit, rail,
6 seaport, intermodal development, and aviation components of
7 the system and recommend improvements therein to the Governor
8 and the Legislature.
9 3. Perform an in-depth evaluation of the annual
10 department budget request, the Florida Transportation Plan,
11 and the tentative work program for compliance with all
12 applicable laws and established departmental policies. Except
13 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
14 the commission may not consider individual construction
15 projects, but shall consider methods of accomplishing the
16 goals of the department in the most effective, efficient, and
17 businesslike manner.
18 4. Monitor the financial status of the department on a
19 regular basis to assure that the department is managing
20 revenue and bond proceeds responsibly and in accordance with
21 law and established policy.
22 5. Monitor on at least a quarterly basis, the
23 efficiency, productivity, and management of the department,
24 using performance and production standards developed by the
25 commission pursuant to s. 334.045.
26 6. Perform an in-depth evaluation of the factors
27 causing disruption of project schedules in the adopted work
28 program and recommend to the Legislature and the Governor
29 methods to eliminate or reduce the disruptive effects of these
30 factors.
31
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1 7. Recommend to the Governor and the Legislature
2 improvements to the department's organization in order to
3 streamline and optimize the efficiency of the department. In
4 reviewing the department's organization, the commission shall
5 determine if the current district organizational structure is
6 responsive to Florida's changing economic and demographic
7 development patterns. The initial report by the commission
8 must be delivered to the Governor and Legislature by December
9 15, 2000, and each year thereafter, as appropriate. The
10 commission may retain such experts as are reasonably necessary
11 to effectuate this subparagraph, and the department shall pay
12 the expenses of such experts.
13 (c) The commission or a member thereof may not enter
14 into the day-to-day operation of the department and is
15 specifically prohibited from taking part in:
16 1. The awarding of contracts.
17 2. The selection of a consultant or contractor or the
18 prequalification of any individual consultant or contractor.
19 However, the commission may recommend to the secretary
20 standards and policies governing the procedure for selection
21 and prequalification of consultants and contractors.
22 3. The selection of a route for a specific project.
23 4. The specific location of a transportation facility.
24 5. The acquisition of rights-of-way.
25 6. The employment, promotion, demotion, suspension,
26 transfer, or discharge of any department personnel.
27 7. The granting, denial, suspension, or revocation of
28 any license or permit issued by the department.
29 (d)1. The chair of the commission shall be selected by
30 the commission members and shall serve a 1-year term.
31
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1 2. The commission shall hold a minimum of 4 regular
2 meetings annually, and other meetings may be called by the
3 chair upon giving at least 1 week's notice to all members and
4 the public pursuant to chapter 120. Other meetings may also be
5 held upon the written request of at least four other members
6 of the commission, with at least 1 week's notice of such
7 meeting being given to all members and the public by the chair
8 pursuant to chapter 120. Emergency meetings may be held
9 without notice upon the request of all members of the
10 commission. At each meeting of the commission, the secretary
11 or his or her designee shall submit a report of major actions
12 taken by him or her as official representative of the
13 department.
14 3. A majority of the membership of the commission
15 constitutes a quorum at any meeting of the commission. An
16 action of the commission is not binding unless the action is
17 taken pursuant to an affirmative vote of a majority of the
18 members present, but not fewer than four members of the
19 commission at a meeting held pursuant to subparagraph 2., and
20 the vote is recorded in the minutes of that meeting.
21 4. The chair shall cause to be made a complete record
22 of the proceedings of the commission, which record shall be
23 open for public inspection.
24 (e) The meetings of the commission shall be held in
25 the central office of the department in Tallahassee unless the
26 chair determines that special circumstances warrant meeting at
27 another location.
28 (f) Members of the commission are entitled to per diem
29 and travel expenses pursuant to s. 112.061.
30 (g) A member of the commission may not have any
31 interest, direct or indirect, in any contract, franchise,
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1 privilege, or other benefit granted or awarded by the
2 department during the term of his or her appointment and for 2
3 years after the termination of such appointment.
4 (h) The commission shall appoint an executive director
5 and assistant executive director, who shall serve under the
6 direction, supervision, and control of the commission. The
7 executive director, with the consent of the commission, shall
8 employ such staff as are necessary to perform adequately the
9 functions of the commission, within budgetary limitations.
10 All employees of the commission are exempt from part II of
11 chapter 110 and shall serve at the pleasure of the commission.
12 The salaries and benefits of all employees of the commission
13 shall be set in accordance with the Selected Exempt Service;
14 provided, however, that the commission shall have complete
15 authority for fixing the salary of the executive director and
16 assistant executive director.
17 (i) The commission shall develop a budget pursuant to
18 chapter 216. The budget is not subject to change by the
19 department, but such budget shall be submitted to the Governor
20 along with the budget of the department.
21 (3)(a) The central office shall establish departmental
22 policies, rules, procedures, and standards and shall monitor
23 the implementation of such policies, rules, procedures, and
24 standards in order to ensure uniform compliance and quality
25 performance by the districts and central office units that
26 implement transportation programs. Major transportation
27 policy initiatives or revisions shall be submitted to the
28 commission for review. The central office monitoring function
29 shall be based on a plan that clearly specifies what areas
30 will be monitored, activities and criteria used to measure
31 compliance, and a feedback process that assures monitoring
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CS/CS/HB 1053, Third Engrossed
1 findings are reported and deficiencies corrected. The
2 secretary is responsible for ensuring that a central office
3 monitoring function is implemented, and that it functions
4 properly. In conjunction with its monitoring function, the
5 central office shall provide such training and administrative
6 support to the districts as the department determines to be
7 necessary to ensure that the department's programs are carried
8 out in the most efficient and effective manner.
9 (b) The resources necessary to ensure the efficiency,
10 effectiveness, and quality of performance by the department of
11 its statutory responsibilities shall be allocated to the
12 central office.
13 (b)(c) The secretary shall appoint an Assistant
14 Secretary for Transportation Policy and, an Assistant
15 Secretary for Finance and Administration, and an Assistant
16 Secretary for District Operations, each of whom shall serve at
17 the pleasure of the secretary. The positions are responsible
18 for developing, monitoring, and enforcing policy and managing
19 major technical programs. The responsibilities and duties of
20 these positions include, but are not limited to, the following
21 functional areas:
22 1. Assistant Secretary for Transportation Policy.--
23 a. Development of the Florida Transportation Plan and
24 other policy planning;
25 b. Development of statewide modal systems plans,
26 including public transportation systems;
27 c. Design of transportation facilities;
28 d. Construction of transportation facilities;
29 e. Acquisition and management of transportation
30 rights-of-way; and
31
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CS/CS/HB 1053, Third Engrossed
1 f. Administration of motor carrier compliance and
2 safety.
3 2. Assistant Secretary for District Operations.--
4 a. Administration of the eight districts; and
5 b. Implementation of the decentralization of the
6 department.
7 3. Assistant Secretary for Finance and
8 Administration.--
9 a. Financial planning and management;
10 b. Information systems;
11 c. Accounting systems;
12 d. Administrative functions; and
13 e. Administration of toll operations.
14 (d)1. Policy, program, or operations offices shall be
15 established within the central office for the purposes of:
16 a. Developing policy and procedures and monitoring
17 performance to ensure compliance with these policies and
18 procedures;
19 b. Performing statewide activities which it is more
20 cost-effective to perform in a central location;
21 c. Assessing and ensuring the accuracy of information
22 within the department's financial management information
23 systems; and
24 d. Performing other activities of a statewide nature.
25 1.2. The following offices are established and shall
26 be headed by a manager, each of whom shall be appointed by and
27 serve at the pleasure of the secretary. The positions shall be
28 classified at a level equal to a division director:
29 a. The Office of Administration;
30 b. The Office of Policy Planning;
31 c. The Office of Design;
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CS/CS/HB 1053, Third Engrossed
1 d. The Office of Highway Operations;
2 e. The Office of Right-of-Way;
3 f. The Office of Toll Operations;
4 g. The Office of Information Systems; and
5 h. The Office of Motor Carrier Compliance;.
6 i. The Office of Management and Budget; and
7 j. The Office of Comptroller.
8 2.3. Other offices may be established in accordance
9 with s. 20.04(7). The heads of such offices are exempt from
10 part II of chapter 110. No office or organization shall be
11 created at a level equal to or higher than a division without
12 specific legislative authority.
13 3.4. During the construction of a major transportation
14 improvement project or as determined by the district
15 secretary, the department may provide assistance to a business
16 entity significantly impacted by the project if the entity is
17 a for-profit entity that has been in business for 3 years
18 prior to the beginning of construction and has direct or
19 shared access to the transportation project being constructed.
20 The assistance program shall be in the form of additional
21 guarantees to assist the impacted business entity in receiving
22 loans pursuant to Title 13 C.F.R. part 120. However, in no
23 instance shall the combined guarantees be greater than 90
24 percent of the loan. The department shall adopt rules to
25 implement this subparagraph.
26 (e) The Assistant Secretary for Finance and
27 Administration must possess a broad knowledge of the
28 administrative, financial, and technical aspects of a complete
29 cost-accounting system, budget preparation and management, and
30 management information systems. The Assistant Secretary for
31 Finance and Administration must be a proven, effective manager
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CS/CS/HB 1053, Third Engrossed
1 with specialized skills in financial planning and management.
2 The Assistant Secretary for Finance and Administration shall
3 ensure that financial information is processed in a timely,
4 accurate, and complete manner.
5 (f)1. Within the central office there is created an
6 Office of Management and Budget. The head of the Office of
7 Management and Budget is responsible to the Assistant
8 Secretary for Finance and Administration and is exempt from
9 part II of chapter 110.
10 2. The functions of the Office of Management and
11 Budget include, but are not limited to:
12 a. Preparation of the work program;
13 b. Preparation of the departmental budget; and
14 c. Coordination of related policies and procedures.
15 3. The Office of Management and Budget shall also be
16 responsible for developing uniform implementation and
17 monitoring procedures for all activities performed at the
18 district level involving the budget and the work program.
19 (c)(g) The secretary shall may appoint an inspector
20 general pursuant to s. 20.055 who shall be directly
21 responsible to the secretary and shall serve at the pleasure
22 of the secretary.
23 (h)1. The secretary shall appoint an inspector general
24 pursuant to s. 20.055. To comply with recommended professional
25 auditing standards related to independence and objectivity,
26 the inspector general shall be appointed to a position within
27 the Career Service System and may be removed by the secretary
28 with the concurrence of the Transportation Commission. In
29 order to attract and retain an individual who has the proven
30 technical and administrative skills necessary to comply with
31 the requirements of this section, the agency head may appoint
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CS/CS/HB 1053, Third Engrossed
1 the inspector general to a classification level within the
2 Career Service System that is equivalent to that provided for
3 in part III of chapter 110. The inspector general may be
4 organizationally located within another unit of the department
5 for administrative purposes, but shall function independently
6 and be directly responsible to the secretary pursuant to s.
7 20.055. The duties of the inspector general shall include, but
8 are not restricted to, reviewing, evaluating, and reporting on
9 the policies, plans, procedures, and accounting, financial,
10 and other operations of the department and recommending
11 changes for the improvement thereof, as well as performing
12 audits of contracts and agreements between the department and
13 private entities or other governmental entities. The inspector
14 general shall give priority to reviewing major parts of the
15 department's accounting system and central office monitoring
16 function to determine whether such systems effectively ensure
17 accountability and compliance with all laws, rules, policies,
18 and procedures applicable to the operation of the department.
19 The inspector general shall also give priority to assessing
20 the department's management information systems as required by
21 s. 282.318. The internal audit function shall use the
22 necessary expertise, in particular, engineering, financial,
23 and property appraising expertise, to independently evaluate
24 the technical aspects of the department's operations. The
25 inspector general shall have access at all times to any
26 personnel, records, data, or other information of the
27 department and shall determine the methods and procedures
28 necessary to carry out his or her duties. The inspector
29 general is responsible for audits of departmental operations
30 and for audits of consultant contracts and agreements, and
31 such audits shall be conducted in accordance with generally
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CS/CS/HB 1053, Third Engrossed
1 accepted governmental auditing standards. The inspector
2 general shall annually perform a sufficient number of audits
3 to determine the efficiency and effectiveness, as well as
4 verify the accuracy of estimates and charges, of contracts
5 executed by the department with private entities and other
6 governmental entities. The inspector general has the sole
7 responsibility for the contents of his or her reports, and a
8 copy of each report containing his or her findings and
9 recommendations shall be furnished directly to the secretary
10 and the commission.
11 2. In addition to the authority and responsibilities
12 herein provided, the inspector general is required to report
13 to the:
14 a. Secretary whenever the inspector general makes a
15 preliminary determination that particularly serious or
16 flagrant problems, abuses, or deficiencies relating to the
17 administration of programs and operations of the department
18 have occurred. The secretary shall review and assess the
19 correctness of the preliminary determination by the inspector
20 general. If the preliminary determination is substantiated,
21 the secretary shall submit such report to the appropriate
22 committees of the Legislature within 7 calendar days, together
23 with a report by the secretary containing any comments deemed
24 appropriate. Nothing in this section shall be construed to
25 authorize the public disclosure of information which is
26 specifically prohibited from disclosure by any other provision
27 of law.
28 b. Transportation Commission and the Legislature any
29 actions by the secretary that prohibit the inspector general
30 from initiating, carrying out, or completing any audit after
31 the inspector general has decided to initiate, carry out, or
33
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CS/CS/HB 1053, Third Engrossed
1 complete such audit. The secretary shall, within 30 days
2 after transmission of the report, set forth in a statement to
3 the Transportation Commission and the Legislature the reasons
4 for his or her actions.
5 (i)1. The secretary shall appoint a comptroller who is
6 responsible to the Assistant Secretary for Finance and
7 Administration. This position is exempt from part II of
8 chapter 110.
9 2. The comptroller is the chief financial officer of
10 the department and must be a proven, effective administrator
11 who by a combination of education and experience clearly
12 possesses a broad knowledge of the administrative, financial,
13 and technical aspects of a complex cost-accounting system.
14 The comptroller must also have a working knowledge of
15 generally accepted accounting principles. At a minimum, the
16 comptroller must hold an active license to practice public
17 accounting in Florida pursuant to chapter 473 or an active
18 license to practice public accounting in any other state. In
19 addition to the requirements of the Florida Fiscal Accounting
20 Management Information System Act, the comptroller is
21 responsible for the development, maintenance, and modification
22 of an accounting system that will in a timely manner
23 accurately reflect the revenues and expenditures of the
24 department and that includes a cost-accounting system to
25 properly identify, segregate, allocate, and report department
26 costs. The comptroller shall supervise and direct preparation
27 of a detailed 36-month forecast of cash and expenditures and
28 is responsible for managing cash and determining cash
29 requirements. The comptroller shall review all comparative
30 cost studies that examine the cost-effectiveness and
31 feasibility of contracting for services and operations
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1 performed by the department. The review must state that the
2 study was prepared in accordance with generally accepted
3 cost-accounting standards applied in a consistent manner using
4 valid and accurate cost data.
5 3. The department shall by rule or internal management
6 memoranda as required by chapter 120 provide for the
7 maintenance by the comptroller of financial records and
8 accounts of the department as will afford a full and complete
9 check against the improper payment of bills and provide a
10 system for the prompt payment of the just obligations of the
11 department, which records must at all times disclose:
12 a. The several appropriations available for the use of
13 the department;
14 b. The specific amounts of each such appropriation
15 budgeted by the department for each improvement or purpose;
16 c. The apportionment or division of all such
17 appropriations among the several counties and districts, when
18 such apportionment or division is made;
19 d. The amount or portion of each such apportionment
20 against general contractual and other liabilities then
21 created;
22 e. The amount expended and still to be expended in
23 connection with each contractual and other obligation of the
24 department;
25 f. The expense and operating costs of the various
26 activities of the department;
27 g. The receipts accruing to the department and the
28 distribution thereof;
29 h. The assets, investments, and liabilities of the
30 department; and
31
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1 i. The cash requirements of the department for a
2 36-month period.
3 4. The comptroller shall maintain a separate account
4 for each fund administered by the department.
5 5. The comptroller shall perform such other related
6 duties as designated by the department.
7 (d)(j) The secretary shall appoint a general counsel
8 who shall be employed full time and shall be directly
9 responsible to the secretary and shall serve at the pleasure
10 of the secretary. The general counsel is responsible for all
11 legal matters of the department. The department may employ as
12 many attorneys as it deems necessary to advise and represent
13 the department in all transportation matters.
14 (e)(k) The secretary shall appoint a state
15 transportation planner who shall report to the Assistant
16 Secretary for Transportation Policy. The state transportation
17 planner's responsibilities shall include, but are not limited
18 to, policy planning, systems planning, and transportation
19 statistics. This position shall be classified at a level
20 equal to a deputy assistant secretary.
21 (f)(l) The secretary shall appoint a state highway
22 engineer who shall report to the Assistant Secretary for
23 Transportation Policy. The state highway engineer's
24 responsibilities shall include, but are not limited to,
25 design, construction, and maintenance of highway facilities;
26 acquisition and management of transportation rights-of-way;
27 traffic engineering; and materials testing. This position
28 shall be classified at a level equal to a deputy assistant
29 secretary.
30 (g)(m) The secretary shall appoint a state public
31 transportation administrator who shall report to the Assistant
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1 Secretary for Transportation Policy. The state public
2 transportation administrator's responsibilities shall include,
3 but are not limited to, the administration of statewide
4 transit, rail, intermodal development, and aviation programs.
5 This position shall be classified at a level equal to a deputy
6 assistant secretary. The department shall also assign to the
7 public transportation administrator an organizational unit the
8 primary function of which is to administer the high-speed rail
9 program.
10 (4)(a) The operations of the department shall be
11 organized into seven eight districts, including a turnpike
12 district, each headed by a district secretary, and a turnpike
13 enterprise, headed by an executive director. The district
14 secretaries shall report to the Assistant Secretary for
15 District Operations. The headquarters of the districts shall
16 be located in Polk, Columbia, Washington, Broward, Volusia,
17 Dade, and Hillsborough, and Leon Counties. The headquarters of
18 the turnpike enterprise shall be located in Orange County. The
19 turnpike district must be relocated to Orange County in the
20 year 2000. In order to provide for efficient operations and to
21 expedite the decisionmaking process, the department shall
22 provide for maximum decentralization to the districts.
23 However, before making a decision to centralize or
24 decentralize department operations or relocate the turnpike
25 district, the department must first determine if the decision
26 would be cost-effective and in the public's best interest. The
27 department shall periodically evaluate such decisions to
28 ensure that they are appropriate.
29 (b) The primary responsibility for the implementation
30 of the department's transportation programs shall be delegated
31 by the secretary to the district secretaries, and sufficient
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1 authority shall be vested in each district to ensure adequate
2 control of the resources commensurate with the delegated
3 responsibility. Each district secretary shall also be
4 accountable for ensuring their district's quality of
5 performance and compliance with all laws, rules, policies, and
6 procedures related to the operation of the department.
7 (c) Each district secretary may appoint a district
8 director for planning and programming, a district director for
9 production, and a district director for operations. These
10 positions are exempt from part II of chapter 110.
11 (d) Within each district, offices shall be established
12 for managing major functional responsibilities of the
13 department. The offices may include planning, design,
14 construction, right-of-way, maintenance, and public
15 transportation. The heads of these offices shall be exempt
16 from part II of chapter 110.
17 (e) The district director for the Fort Myers Urban
18 Office of the Department of Transportation is responsible for
19 developing the 5-year Transportation Plan for Charlotte,
20 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
21 Myers Urban Office also is responsible for providing policy,
22 direction, local government coordination, and planning for
23 those counties.
24 (f)1. The responsibility for the turnpike system shall
25 be delegated by the secretary to the executive director of the
26 turnpike enterprise, who shall serve at the pleasure of the
27 secretary. The executive director shall report directly to the
28 secretary, and the turnpike enterprise shall operate pursuant
29 to ss. 338.22-338.241.
30 2. To facilitate the most efficient and effective
31 management of the turnpike enterprise, including the use of
38
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1 best business practices employed by the private sector, the
2 turnpike enterprise shall be exempt from departmental
3 policies, procedures, and standards, subject to the Secretary
4 having the authority to apply any such policies, procedures,
5 and standards to the turnpike enterprise from time to time as
6 deemed appropriate.
7 3. To enhance the ability of the turnpike enterprise
8 to use best business practices employed by the private sector,
9 the Secretary shall promulgate rules which exempt the turnpike
10 enterprise from department rules and authorize the turnpike
11 enterprise to employ procurement methods available to the
12 private sector.
13 (5) Notwithstanding the provisions of s. 110.205, the
14 Department of Management Services is authorized to exempt
15 positions within the Department of Transportation which are
16 comparable to positions within the Senior Management Service
17 pursuant to s. 110.205(2)(i) or positions which are comparable
18 to positions in the Selected Exempt Service under s.
19 110.205(2)(l).
20 (6) To facilitate the efficient and effective
21 management of the department in a businesslike manner, the
22 department shall develop a system for the submission of
23 monthly management reports to the Florida Transportation
24 Commission and secretary from the district secretaries. The
25 commission and the secretary shall determine which reports are
26 required to fulfill their respective responsibilities under
27 this section. A copy of each such report shall be submitted
28 monthly to the appropriations and transportation committees of
29 the Senate and the House of Representatives. Recommendations
30 made by the Auditor General in his or her audits of the
31 department that relate to management practices, systems, or
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CS/CS/HB 1053, Third Engrossed
1 reports shall be implemented in a timely manner. However, if
2 the department determines that one or more of the
3 recommendations should be altered or should not be
4 implemented, it shall provide a written explanation of such
5 determination to the Legislative Auditing Committee within 6
6 months after the date the recommendations were published.
7 (6)(7) The department is authorized to contract with
8 local governmental entities and with the private sector if the
9 department first determines that:
10 (a) Consultants can do the work at less cost than
11 state employees;
12 (b) State employees can do the work at less cost, but
13 sufficient positions have not been approved by the Legislature
14 as requested in the department's most recent legislative
15 budget request;
16 (c) The work requires specialized expertise, and it
17 would not be economical for the state to acquire, and then
18 maintain, the expertise after the work is done;
19 (d) The workload is at a peak level, and it would not
20 be economical to acquire, and then keep, extra personnel after
21 the workload decreases; or
22 (e) The use of such entities is clearly in the
23 public's best interest.
24
25 Such contracts shall require compliance with applicable
26 federal and state laws, and clearly specify the product or
27 service to be provided.
28 Section 2. Paragraphs (i) and (l) of subsection (2) of
29 section 110.205, Florida Statutes, are amended to read:
30 110.205 Career service; exemptions.--
31
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1 (2) EXEMPT POSITIONS.--The exempt positions which are
2 not covered by this part include the following, provided that
3 no position, except for positions established for a limited
4 period of time pursuant to paragraph (h), shall be exempted if
5 the position reports to a position in the career service:
6 (i) The appointed secretaries, assistant secretaries,
7 deputy secretaries, and deputy assistant secretaries of all
8 departments; the executive directors, assistant executive
9 directors, deputy executive directors, and deputy assistant
10 executive directors of all departments; and the directors of
11 all divisions and those positions determined by the department
12 to have managerial responsibilities comparable to such
13 positions, which positions include, but are not limited to,
14 program directors, assistant program directors, district
15 administrators, deputy district administrators, the Director
16 of Central Operations Services of the Department of Children
17 and Family Services, and the State Transportation Planner,
18 State Highway Engineer, State Public Transportation
19 Administrator, district secretaries, district directors of
20 planning and programming, production, and operations, and the
21 managers of the offices specified in s. 20.23(3)(b)1.(d)2., of
22 the Department of Transportation. Unless otherwise fixed by
23 law, the department shall set the salary and benefits of these
24 positions in accordance with the rules of the Senior
25 Management Service.
26 (l) All assistant division director, deputy division
27 director, and bureau chief positions in any department, and
28 those positions determined by the department to have
29 managerial responsibilities comparable to such positions,
30 which positions include, but are not limited to, positions in
31 the Department of Health, the Department of Children and
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1 Family Services, and the Department of Corrections that are
2 assigned primary duties of serving as the superintendent or
3 assistant superintendent, or warden or assistant warden, of an
4 institution; positions in the Department of Corrections that
5 are assigned primary duties of serving as the circuit
6 administrator or deputy circuit administrator; positions in
7 the Department of Transportation that are assigned primary
8 duties of serving as regional toll managers and managers of
9 offices as defined in s. 20.23(3)(b)2.(d)3. and (4)(d);
10 positions in the Department of Environmental Protection that
11 are assigned the duty of an Environmental Administrator or
12 program administrator; those positions described in s. 20.171
13 as included in the Senior Management Service; and positions in
14 the Department of Health that are assigned the duties of
15 Environmental Administrator, Assistant County Health
16 Department Director, and County Health Department Financial
17 Administrator. Unless otherwise fixed by law, the department
18 shall set the salary and benefits of these positions in
19 accordance with the rules established for the Selected Exempt
20 Service.
21 Section 3. Paragraph (k) is added to subsection (6) of
22 section 163.3177, Florida Statutes, to read:
23 163.3177 Required and optional elements of
24 comprehensive plan; studies and surveys.--
25 (6) In addition to the requirements of subsections
26 (1)-(5), the comprehensive plan shall include the following
27 elements:
28 (a) A future land use plan element designating
29 proposed future general distribution, location, and extent of
30 the uses of land for residential uses, commercial uses,
31 industry, agriculture, recreation, conservation, education,
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1 public buildings and grounds, other public facilities, and
2 other categories of the public and private uses of land. The
3 future land use plan shall include standards to be followed in
4 the control and distribution of population densities and
5 building and structure intensities. The proposed
6 distribution, location, and extent of the various categories
7 of land use shall be shown on a land use map or map series
8 which shall be supplemented by goals, policies, and measurable
9 objectives. Each land use category shall be defined in terms
10 of the types of uses included and specific standards for the
11 density or intensity of use. The future land use plan shall
12 be based upon surveys, studies, and data regarding the area,
13 including the amount of land required to accommodate
14 anticipated growth; the projected population of the area; the
15 character of undeveloped land; the availability of public
16 services; the need for redevelopment, including the renewal of
17 blighted areas and the elimination of nonconforming uses which
18 are inconsistent with the character of the community; and, in
19 rural communities, the need for job creation, capital
20 investment, and economic development that will strengthen and
21 diversify the community's economy. The future land use plan
22 may designate areas for future planned development use
23 involving combinations of types of uses for which special
24 regulations may be necessary to ensure development in accord
25 with the principles and standards of the comprehensive plan
26 and this act. In addition, for rural communities, the amount
27 of land designated for future planned industrial use shall be
28 based upon surveys and studies that reflect the need for job
29 creation, capital investment, and the necessity to strengthen
30 and diversify the local economies, and shall not be limited
31 solely by the projected population of the rural community. The
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1 future land use plan of a county may also designate areas for
2 possible future municipal incorporation. The land use maps or
3 map series shall generally identify and depict historic
4 district boundaries and shall designate historically
5 significant properties meriting protection. The future land
6 use element must clearly identify the land use categories in
7 which public schools are an allowable use. When delineating
8 the land use categories in which public schools are an
9 allowable use, a local government shall include in the
10 categories sufficient land proximate to residential
11 development to meet the projected needs for schools in
12 coordination with public school boards and may establish
13 differing criteria for schools of different type or size.
14 Each local government shall include lands contiguous to
15 existing school sites, to the maximum extent possible, within
16 the land use categories in which public schools are an
17 allowable use. All comprehensive plans must comply with the
18 school siting requirements of this paragraph no later than
19 October 1, 1999. The failure by a local government to comply
20 with these school siting requirements by October 1, 1999, will
21 result in the prohibition of the local government's ability to
22 amend the local comprehensive plan, except for plan amendments
23 described in s. 163.3187(1)(b), until the school siting
24 requirements are met. An amendment proposed by a local
25 government for purposes of identifying the land use categories
26 in which public schools are an allowable use is exempt from
27 the limitation on the frequency of plan amendments contained
28 in s. 163.3187. The future land use element shall include
29 criteria which encourage the location of schools proximate to
30 urban residential areas to the extent possible and shall
31 require that the local government seek to collocate public
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1 facilities, such as parks, libraries, and community centers,
2 with schools to the extent possible.
3 (b) A traffic circulation element consisting of the
4 types, locations, and extent of existing and proposed major
5 thoroughfares and transportation routes, including bicycle and
6 pedestrian ways. Transportation corridors, as defined in s.
7 334.03, may be designated in the traffic circulation element
8 pursuant to s. 337.273. If the transportation corridors are
9 designated, the local government may adopt a transportation
10 corridor management ordinance.
11 (c) A general sanitary sewer, solid waste, drainage,
12 potable water, and natural groundwater aquifer recharge
13 element correlated to principles and guidelines for future
14 land use, indicating ways to provide for future potable water,
15 drainage, sanitary sewer, solid waste, and aquifer recharge
16 protection requirements for the area. The element may be a
17 detailed engineering plan including a topographic map
18 depicting areas of prime groundwater recharge. The element
19 shall describe the problems and needs and the general
20 facilities that will be required for solution of the problems
21 and needs. The element shall also include a topographic map
22 depicting any areas adopted by a regional water management
23 district as prime groundwater recharge areas for the Floridan
24 or Biscayne aquifers, pursuant to s. 373.0395. These areas
25 shall be given special consideration when the local government
26 is engaged in zoning or considering future land use for said
27 designated areas. For areas served by septic tanks, soil
28 surveys shall be provided which indicate the suitability of
29 soils for septic tanks.
30 (d) A conservation element for the conservation, use,
31 and protection of natural resources in the area, including
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1 air, water, water recharge areas, wetlands, waterwells,
2 estuarine marshes, soils, beaches, shores, flood plains,
3 rivers, bays, lakes, harbors, forests, fisheries and wildlife,
4 marine habitat, minerals, and other natural and environmental
5 resources. Local governments shall assess their current, as
6 well as projected, water needs and sources for a 10-year
7 period. This information shall be submitted to the
8 appropriate agencies. The land use map or map series
9 contained in the future land use element shall generally
10 identify and depict the following:
11 1. Existing and planned waterwells and cones of
12 influence where applicable.
13 2. Beaches and shores, including estuarine systems.
14 3. Rivers, bays, lakes, flood plains, and harbors.
15 4. Wetlands.
16 5. Minerals and soils.
17
18 The land uses identified on such maps shall be consistent with
19 applicable state law and rules.
20 (e) A recreation and open space element indicating a
21 comprehensive system of public and private sites for
22 recreation, including, but not limited to, natural
23 reservations, parks and playgrounds, parkways, beaches and
24 public access to beaches, open spaces, and other recreational
25 facilities.
26 (f)1. A housing element consisting of standards,
27 plans, and principles to be followed in:
28 a. The provision of housing for all current and
29 anticipated future residents of the jurisdiction.
30 b. The elimination of substandard dwelling conditions.
31
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1 c. The structural and aesthetic improvement of
2 existing housing.
3 d. The provision of adequate sites for future housing,
4 including housing for low-income, very low-income, and
5 moderate-income families, mobile homes, and group home
6 facilities and foster care facilities, with supporting
7 infrastructure and public facilities.
8 e. Provision for relocation housing and identification
9 of historically significant and other housing for purposes of
10 conservation, rehabilitation, or replacement.
11 f. The formulation of housing implementation programs.
12 g. The creation or preservation of affordable housing
13 to minimize the need for additional local services and avoid
14 the concentration of affordable housing units only in specific
15 areas of the jurisdiction.
16
17 The goals, objectives, and policies of the housing element
18 must be based on the data and analysis prepared on housing
19 needs, including the affordable housing needs assessment.
20 State and federal housing plans prepared on behalf of the
21 local government must be consistent with the goals,
22 objectives, and policies of the housing element. Local
23 governments are encouraged to utilize job training, job
24 creation, and economic solutions to address a portion of their
25 affordable housing concerns.
26 2. To assist local governments in housing data
27 collection and analysis and assure uniform and consistent
28 information regarding the state's housing needs, the state
29 land planning agency shall conduct an affordable housing needs
30 assessment for all local jurisdictions on a schedule that
31 coordinates the implementation of the needs assessment with
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1 the evaluation and appraisal reports required by s. 163.3191.
2 Each local government shall utilize the data and analysis from
3 the needs assessment as one basis for the housing element of
4 its local comprehensive plan. The agency shall allow a local
5 government the option to perform its own needs assessment, if
6 it uses the methodology established by the agency by rule.
7 (g) For those units of local government identified in
8 s. 380.24, a coastal management element, appropriately related
9 to the particular requirements of paragraphs (d) and (e) and
10 meeting the requirements of s. 163.3178(2) and (3). The
11 coastal management element shall set forth the policies that
12 shall guide the local government's decisions and program
13 implementation with respect to the following objectives:
14 1. Maintenance, restoration, and enhancement of the
15 overall quality of the coastal zone environment, including,
16 but not limited to, its amenities and aesthetic values.
17 2. Continued existence of viable populations of all
18 species of wildlife and marine life.
19 3. The orderly and balanced utilization and
20 preservation, consistent with sound conservation principles,
21 of all living and nonliving coastal zone resources.
22 4. Avoidance of irreversible and irretrievable loss of
23 coastal zone resources.
24 5. Ecological planning principles and assumptions to
25 be used in the determination of suitability and extent of
26 permitted development.
27 6. Proposed management and regulatory techniques.
28 7. Limitation of public expenditures that subsidize
29 development in high-hazard coastal areas.
30 8. Protection of human life against the effects of
31 natural disasters.
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1 9. The orderly development, maintenance, and use of
2 ports identified in s. 403.021(9) to facilitate deepwater
3 commercial navigation and other related activities.
4 10. Preservation, including sensitive adaptive use of
5 historic and archaeological resources.
6 (h)1. An intergovernmental coordination element
7 showing relationships and stating principles and guidelines to
8 be used in the accomplishment of coordination of the adopted
9 comprehensive plan with the plans of school boards and other
10 units of local government providing services but not having
11 regulatory authority over the use of land, with the
12 comprehensive plans of adjacent municipalities, the county,
13 adjacent counties, or the region, and with the state
14 comprehensive plan, as the case may require and as such
15 adopted plans or plans in preparation may exist. This element
16 of the local comprehensive plan shall demonstrate
17 consideration of the particular effects of the local plan,
18 when adopted, upon the development of adjacent municipalities,
19 the county, adjacent counties, or the region, or upon the
20 state comprehensive plan, as the case may require.
21 a. The intergovernmental coordination element shall
22 provide for procedures to identify and implement joint
23 planning areas, especially for the purpose of annexation,
24 municipal incorporation, and joint infrastructure service
25 areas.
26 b. The intergovernmental coordination element shall
27 provide for recognition of campus master plans prepared
28 pursuant to s. 240.155.
29 c. The intergovernmental coordination element may
30 provide for a voluntary dispute resolution process as
31 established pursuant to s. 186.509 for bringing to closure in
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1 a timely manner intergovernmental disputes. A local
2 government may develop and use an alternative local dispute
3 resolution process for this purpose.
4 2. The intergovernmental coordination element shall
5 further state principles and guidelines to be used in the
6 accomplishment of coordination of the adopted comprehensive
7 plan with the plans of school boards and other units of local
8 government providing facilities and services but not having
9 regulatory authority over the use of land. In addition, the
10 intergovernmental coordination element shall describe joint
11 processes for collaborative planning and decisionmaking on
12 population projections and public school siting, the location
13 and extension of public facilities subject to concurrency, and
14 siting facilities with countywide significance, including
15 locally unwanted land uses whose nature and identity are
16 established in an agreement. Within 1 year of adopting their
17 intergovernmental coordination elements, each county, all the
18 municipalities within that county, the district school board,
19 and any unit of local government service providers in that
20 county shall establish by interlocal or other formal agreement
21 executed by all affected entities, the joint processes
22 described in this subparagraph consistent with their adopted
23 intergovernmental coordination elements.
24 3. To foster coordination between special districts
25 and local general-purpose governments as local general-purpose
26 governments implement local comprehensive plans, each
27 independent special district must submit a public facilities
28 report to the appropriate local government as required by s.
29 189.415.
30 4. The state land planning agency shall establish a
31 schedule for phased completion and transmittal of plan
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1 amendments to implement subparagraphs 1., 2., and 3. from all
2 jurisdictions so as to accomplish their adoption by December
3 31, 1999. A local government may complete and transmit its
4 plan amendments to carry out these provisions prior to the
5 scheduled date established by the state land planning agency.
6 The plan amendments are exempt from the provisions of s.
7 163.3187(1).
8 (i) The optional elements of the comprehensive plan in
9 paragraphs (7)(a) and (b) are required elements for those
10 municipalities having populations greater than 50,000, and
11 those counties having populations greater than 75,000, as
12 determined under s. 186.901.
13 (j) For each unit of local government within an
14 urbanized area designated for purposes of s. 339.175, a
15 transportation element, which shall be prepared and adopted in
16 lieu of the requirements of paragraph (b) and paragraphs
17 (7)(a), (b), (c), and (d) and which shall address the
18 following issues:
19 1. Traffic circulation, including major thoroughfares
20 and other routes, including bicycle and pedestrian ways.
21 2. All alternative modes of travel, such as public
22 transportation, pedestrian, and bicycle travel.
23 3. Parking facilities.
24 4. Aviation, rail, seaport facilities, access to those
25 facilities, and intermodal terminals.
26 5. The availability of facilities and services to
27 serve existing land uses and the compatibility between future
28 land use and transportation elements.
29 6. The capability to evacuate the coastal population
30 prior to an impending natural disaster.
31
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1 7. Airports, projected airport and aviation
2 development, and land use compatibility around airports.
3 8. An identification of land use densities, building
4 intensities, and transportation management programs to promote
5 public transportation systems in designated public
6 transportation corridors so as to encourage population
7 densities sufficient to support such systems.
8 9. May include transportation corridors, as defined in
9 s. 334.03, intended for future transportation facilities
10 designated pursuant to s. 337.273. If transportation corridors
11 are designated, the local government may adopt a
12 transportation corridor management ordinance.
13 (k) An airport master plan, and any subsequent
14 amendments to the airport master plan, prepared by a licensed
15 publicly owned and operated airport under section 333.06 may
16 be incorporated into the local government comprehensive plan
17 by the local government having jurisdiction under this act for
18 the area in which the airport or projected airport development
19 is located by the adoption of a comprehensive plan amendment.
20 In the amendment to the local comprehensive plan that
21 integrates the airport master plan, the comprehensive plan
22 amendment shall address land use compatibility consistent with
23 chapter 333 regarding airport zoning; the provision of
24 regional transportation facilities for the efficient use and
25 operation of the transportation system and airport;
26 consistency with the local government transportation
27 circulation element and applicable metropolitan planning
28 organization long-range transportation plan; the execution of
29 any necessary interlocal agreements for the purposes of the
30 provision of public facilities and services to maintain the
31 adopted level of service standards for facilities subject to
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1 concurrency; and may address airport-related or
2 aviation-related development. Development or expansion of an
3 airport consistent with the adopted airport master plan that
4 has been incorporated into the local comprehensive plan in
5 compliance with this part, and airport-related or
6 aviation-related development that has been addressed in the
7 comprehensive plan amendment that incorporates the airport
8 master plan shall not be a development of regional impact.
9 Section 4. Paragraph (c) of subsection (2) of section
10 163.3180, Florida Statutes, is amended to read:
11 163.3180 Concurrency.--
12 (2)
13 (c) Consistent with the public welfare, and except as
14 otherwise provided in this section, transportation facilities
15 designated as part of the Florida Intrastate Highway System
16 needed to serve new development shall be in place or under
17 actual construction no more than 5 years after issuance by the
18 local government of a certificate of occupancy or its
19 functional equivalent. Other transportation facilities needed
20 to serve new development shall be in place or under actual
21 construction no more than 3 years after issuance by the local
22 government of a certificate of occupancy or its functional
23 equivalent.
24 Section 5. Section 189.441, Florida Statutes, is
25 amended to read:
26 189.441 Contracts.--Contracts for the construction of
27 projects and for any other purpose of the authority may be
28 awarded by the authority in a manner that will best promote
29 free and open competition, including advertisement for
30 competitive bids; however, if the authority determines that
31 the purposes of this act will be more effectively served
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1 thereby, the authority may award or cause to be awarded
2 contracts for the construction of any project, including
3 design-build contracts, or any part thereof, or for any other
4 purpose of the authority upon a negotiated basis as determined
5 by the authority. Each contractor doing business with the
6 authority and required to be licensed by the state or local
7 general-purpose governments must maintain the license during
8 the term of the contract with the authority. The authority
9 may prescribe bid security requirements and other procedures
10 in connection with the award of contracts which protect the
11 public interest. Section 287.055 does not apply to the
12 selection of professional architectural, engineering,
13 landscape architectural, or land surveying services by the
14 authority or to the procurement of design-build contracts. The
15 authority may, and in the case of a new professional sports
16 franchise must, by written contract engage the services of the
17 operator, lessee, sublessee, or purchaser, or prospective
18 operator, lessee, sublessee, or purchaser, of any project in
19 the construction of the project and may, and in the case of a
20 new professional sports franchise must, provide in the
21 contract that the lessee, sublessee, purchaser, or prospective
22 lessee, sublessee, or purchaser, may act as an agent of, or an
23 independent contractor for, the authority for the performance
24 of the functions described therein, subject to the conditions
25 and requirements prescribed in the contract, including
26 functions such as the acquisition of the site and other real
27 property for the project; the preparation of plans,
28 specifications, financing, and contract documents; the award
29 of construction and other contracts upon a competitive or
30 negotiated basis; the construction of the project, or any part
31 thereof, directly by the lessee, purchaser, or prospective
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1 lessee or purchaser; the inspection and supervision of
2 construction; the employment of engineers, architects,
3 builders, and other contractors; and the provision of money to
4 pay the cost thereof pending reimbursement by the authority.
5 Any such contract may, and in the case of a new professional
6 sports franchise must, allow the authority to make advances to
7 or reimburse the lessee, sublessee, or purchaser, or
8 prospective lessee, sublessee, or purchaser for its costs
9 incurred in the performance of those functions, and must set
10 forth the supporting documents required to be submitted to the
11 authority and the reviews, examinations, and audits that are
12 required in connection therewith to assure compliance with the
13 contract.
14 Section 6. Subsection (6) is added to section 73.092,
15 Florida Statutes, to read:
16 73.092 Attorney's fees.--
17 (6) If a defendant does not accept the last written
18 settlement offer by the condemning authority before the final
19 judgment, and the final judgment obtained by the defendant,
20 exclusive of any interest accumulated after the written
21 settlement offer was initially made, is equal to or less than
22 the written settlement offer, then the court shall not award
23 any attorney fees or costs incurred by the defendant after the
24 date the written settlement offer was received. This
25 subsection shall not apply to s. 73.032.
26 Section 7. Subsection (2) of section 206.46, Florida
27 Statutes, is amended to read:
28 206.46 State Transportation Trust Fund.--
29 (2) Notwithstanding any other provisions of law, from
30 the revenues deposited into the State Transportation Trust
31 Fund a maximum of 7 percent in each fiscal year shall be
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1 transferred into the Right-of-Way Acquisition and Bridge
2 Construction Trust Fund created in s. 215.605, as needed to
3 meet the requirements of the documents authorizing the bonds
4 issued or proposed to be issued under ss. 215.605 and 337.276
5 or at a minimum amount sufficient to pay for the debt service
6 coverage requirements of outstanding bonds. Notwithstanding
7 the 7 percent annual transfer authorized in this subsection,
8 the annual amount transferred under this subsection shall not
9 exceed an amount necessary to provide the required debt
10 service coverage levels for a maximum debt service not to
11 exceed $200 $135 million. Such transfer shall be payable
12 primarily from the motor and diesel fuel taxes transferred to
13 the State Transportation Trust Fund from the Fuel Tax
14 Collection Trust Fund.
15 Section 8. Paragraph (a) of subsection (1) of section
16 255.20, Florida Statutes, is amended to read:
17 255.20 Local bids and contracts for public
18 construction works; specification of state-produced lumber.--
19 (1) A county, municipality, special district as
20 defined in chapter 189, or other political subdivision of the
21 state seeking to construct or improve a public building,
22 structure, or other public construction works must
23 competitively award to an appropriately licensed contractor
24 each project that is estimated in accordance with generally
25 accepted cost-accounting principles to have total construction
26 project costs of more than $200,000. For electrical work,
27 local government must competitively award to an appropriately
28 licensed contractor each project that is estimated in
29 accordance with generally accepted cost-accounting principles
30 to have a cost of more than $50,000. As used in this section,
31 the term "competitively award" means to award contracts based
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1 on the submission of sealed bids, proposals submitted in
2 response to a request for proposal, proposals submitted in
3 response to a request for qualifications, or proposals
4 submitted for competitive negotiation. This subsection
5 expressly allows contracts for construction management
6 services, design/build contracts, continuation contracts based
7 on unit prices, and any other contract arrangement with a
8 private sector contractor permitted by any applicable
9 municipal or county ordinance, by district resolution, or by
10 state law. For purposes of this section, construction costs
11 include the cost of all labor, except inmate labor, and
12 include the cost of equipment and materials to be used in the
13 construction of the project. Subject to the provisions of
14 subsection (3), the county, municipality, special district, or
15 other political subdivision may establish, by municipal or
16 county ordinance or special district resolution, procedures
17 for conducting the bidding process.
18 (a) The provisions of this subsection do not apply:
19 1. When the project is undertaken to replace,
20 reconstruct, or repair an existing facility damaged or
21 destroyed by a sudden unexpected turn of events, such as an
22 act of God, riot, fire, flood, accident, or other urgent
23 circumstances, and such damage or destruction creates:
24 a. An immediate danger to the public health or safety;
25 b. Other loss to public or private property which
26 requires emergency government action; or
27 c. An interruption of an essential governmental
28 service.
29 2. When, after notice by publication in accordance
30 with the applicable ordinance or resolution, the governmental
31 entity does not receive any responsive bids or responses.
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1 3. To construction, remodeling, repair, or improvement
2 to a public electric or gas utility system when such work on
3 the public utility system is performed by personnel of the
4 system.
5 4. To construction, remodeling, repair, or improvement
6 by a utility commission whose major contracts are to construct
7 and operate a public electric utility system.
8 5. When the project is undertaken as repair or
9 maintenance of an existing public facility.
10 6. When the project is undertaken exclusively as part
11 of a public educational program.
12 7. When the funding source of the project will be
13 diminished or lost because the time required to competitively
14 award the project after the funds become available exceeds the
15 time within which the funding source must be spent.
16 8. When the local government has competitively awarded
17 a project to a private sector contractor and the contractor
18 has abandoned the project before completion or the local
19 government has terminated the contract.
20 9. When the governing board of the local government,
21 after public notice, conducts a public meeting under s.
22 286.011 and finds by a majority vote of the governing board
23 that it is in the public's best interest to perform the
24 project using its own services, employees, and equipment. The
25 public notice must be published at least 14 days prior to the
26 date of the public meeting at which the governing board takes
27 final action to apply this subparagraph. The notice must
28 identify the project, the estimated cost of the project, and
29 specify that the purpose for the public meeting is to consider
30 whether it is in the public's best interest to perform the
31 project using the local government's own services, employees,
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1 and equipment. In deciding whether it is in the public's best
2 interest for local government to perform a project using its
3 own services, employees, and equipment, the governing board
4 may consider the cost of the project, whether the project
5 requires an increase in the number of government employees, an
6 increase in capital expenditures for public facilities,
7 equipment or other capital assets, the impact on local
8 economic development, the impact on small and minority
9 business owners, the impact on state and local tax revenues,
10 whether the private sector contractors provide health
11 insurance and other benefits equivalent to those provided by
12 the local government, and any other factor relevant to what is
13 in the public's best interest.
14 10. When the governing board of the local government
15 determines upon consideration of specific substantive criteria
16 and administrative procedures that it is in the best interest
17 of the local government to award the project to an
18 appropriately licensed private sector contractor according to
19 procedures established by and expressly set forth in a
20 charter, ordinance, or resolution of the local government
21 adopted prior to July 1, 1994. The criteria and procedures
22 must be set out in the charter, ordinance, or resolution and
23 must be applied uniformly by the local government to avoid
24 award of any project in an arbitrary or capricious manner.
25 This exception shall apply when all of the following occur:
26 a. When the governing board of the local government,
27 after public notice, conducts a public meeting under s.
28 286.011 and finds by a two-thirds vote of the governing board
29 that it is in the public's best interest to award the project
30 according to the criteria and procedures established by
31 charter, ordinance, or resolution. The public notice must be
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1 published at least 14 days prior to the date of the public
2 meeting at which the governing board takes final action to
3 apply this subparagraph. The notice must identify the
4 project, the estimated cost of the project, and specify that
5 the purpose for the public meeting is to consider whether it
6 is in the public's best interest to award the project using
7 the criteria and procedures permitted by the preexisting
8 ordinance.
9 b. In the event the project is to be awarded by any
10 method other than a competitive selection process, the
11 governing board must find evidence that:
12 (I) There is one appropriately licensed contractor who
13 is uniquely qualified to undertake the project because that
14 contractor is currently under contract to perform work that is
15 affiliated with the project; or
16 (II) The time to competitively award the project will
17 jeopardize the funding for the project, or will materially
18 increase the cost of the project or will create an undue
19 hardship on the public health, safety, or welfare.
20 c. In the event the project is to be awarded by any
21 method other than a competitive selection process, the
22 published notice must clearly specify the ordinance or
23 resolution by which the private sector contractor will be
24 selected and the criteria to be considered.
25 d. In the event the project is to be awarded by a
26 method other than a competitive selection process, the
27 architect or engineer of record has provided a written
28 recommendation that the project be awarded to the private
29 sector contractor without competitive selection; and the
30 consideration by, and the justification of, the government
31 body are documented, in writing, in the project file and are
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1 presented to the governing board prior to the approval
2 required in this paragraph.
3 11. To projects subject to chapter 336.
4 Section 9. Paragraph (g) of subsection (2) of section
5 287.055, Florida Statutes, is amended to read:
6 287.055 Acquisition of professional architectural,
7 engineering, landscape architectural, or surveying and mapping
8 services; definitions; procedures; contingent fees prohibited;
9 penalties.--
10 (2) DEFINITIONS.--For purposes of this section:
11 (g) A "continuing contract" is a contract for
12 professional services entered into in accordance with all the
13 procedures of this act between an agency and a firm whereby
14 the firm provides professional services to the agency for
15 projects in which construction costs do not exceed $1 million
16 $500,000, for study activity when the fee for such
17 professional service does not exceed $50,000 $25,000, or for
18 work of a specified nature as outlined in the contract
19 required by the agency, with no time limitation except that
20 the contract must provide a termination clause.
21 Section 10. Paragraphs (a) and (b) of subsection (3)
22 of section 311.07, Florida Statutes, is amended to read:
23 311.07 Florida seaport transportation and economic
24 development funding.--
25 (3)(a) Program funds shall be used to fund approved
26 projects on a 50-50 matching basis with any of the deepwater
27 ports, as listed in s. 403.021(9)(b), which is governed by a
28 public body or any other deepwater port which is governed by a
29 public body and which complies with the water quality
30 provisions of s. 403.061, the comprehensive master plan
31 requirements of s. 163.3178(2)(k), the local financial
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1 management and reporting provisions of part III of chapter
2 218, and the auditing provisions of s. 11.45(3)(a)5. Program
3 funds also may be used by the Seaport Transportation and
4 Economic Development Council to develop with the Florida Trade
5 Data Center such trade data information products which will
6 assist Florida's seaports and international trade.
7 (b) Projects eligible for funding by grants under the
8 program are limited to the following port facilities or port
9 transportation projects:
10 1. Transportation facilities within the jurisdiction
11 of the port.
12 2. The dredging or deepening of channels, turning
13 basins, or harbors.
14 3. The construction or rehabilitation of wharves,
15 docks, structures, jetties, piers, storage facilities, cruise
16 terminals, automated people mover systems, or any facilities
17 necessary or useful in connection with any of the foregoing.
18 4. The acquisition of container cranes or other
19 mechanized equipment used in the movement of cargo or
20 passengers in international commerce.
21 5. The acquisition of land to be used for port
22 purposes.
23 6. The acquisition, improvement, enlargement, or
24 extension of existing port facilities.
25 7. Environmental protection projects which are
26 necessary because of requirements imposed by a state agency as
27 a condition of a permit or other form of state approval; which
28 are necessary for environmental mitigation required as a
29 condition of a state, federal, or local environmental permit;
30 which are necessary for the acquisition of spoil disposal
31 sites and improvements to existing and future spoil sites; or
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1 which result from the funding of eligible projects listed
2 herein.
3 8. Transportation facilities as defined in s.
4 334.03(31) which are not otherwise part of the Department of
5 Transportation's adopted work program.
6 9. Seaport intermodal access projects identified in
7 the 5-year Florida Seaport Mission Plan as provided in s.
8 311.09(3).
9 10. Construction or rehabilitation of port facilities
10 as defined in s. 315.02, excluding any park or recreational
11 facilities, in ports listed in s. 311.09(1) with operating
12 revenues of $5 million or less, provided that such projects
13 create economic development opportunities, capital
14 improvements, and positive financial returns to such ports.
15 11. Seaport security projects identified pursuant to
16 s. 311.12. Seaport security projects are not subject to the
17 matching fund requirements of paragraph (a).
18 Section 11. Subsection (1) of Section 315.031, Florida
19 Statutes is amended to read:
20 315.031 Promoting and advertising port facilities.--
21 (1) Each unit is authorized and empowered:
22 (a) To publicize, advertise and promote the activities
23 and port facilities herein authorized;
24 (b) To make known the advantages, facilities,
25 resources, products, attractions and attributes of the
26 activities and port facilities herein authorized;
27 (c) To create a favorable climate of opinion
28 concerning the activities and port facilities herein
29 authorized;
30 (d) To cooperate with other agencies, public and
31 private, in accomplishing these purposes;
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1 (e) To enter into agreements with the purchaser or
2 purchasers of port facilities bonds issued under the
3 provisions of this law to establish a special fund to be set
4 aside from the proceeds of the revenues collected under the
5 provisions of s. 315.03(13), during any fiscal year, for the
6 promotional activities authorized herein.
7 (f) To authorize expenditures for promotional
8 activities authorized by this section, including meals,
9 hospitality, and entertainment of persons in the interest of
10 promoting and engendering goodwill toward its port facilities.
11
12 Nothing herein shall be construed to authorize any unit to
13 expend funds for meals, hospitality, amusement or any other
14 purpose of an entertainment nature.
15 Section 12. Subsection (12) of section 311.09, Florida
16 Statutes, is amended to read:
17 311.09 Florida Seaport Transportation and Economic
18 Development Council.--
19 (12) Members of the council shall serve without
20 compensation but are entitled to receive reimbursement for per
21 diem and travel expenses as provided in s. 112.061. The
22 council may elect to provide an administrative staff to
23 provide services to the council on matters relating to the
24 Florida Seaport Transportation and Economic Development
25 Program and the council. The cost for such administrative
26 services shall be paid by all ports that receive funding from
27 the Florida Seaport Transportation and Economic Development
28 Program, based upon a pro rata formula measured by each
29 recipient's share of the funds as compared to the total funds
30 disbursed to all recipients during the year. The share of
31 costs for administrative services shall be paid in its total
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1 amount by the recipient port upon execution by the port and
2 the Department of Transportation of a joint participation
3 agreement for each council-approved project, and such payment
4 is in addition to the matching funds required to be paid by
5 the recipient port. Except as otherwise exempted by law, all
6 moneys derived from the Florida Seaport Transportation and
7 Economic Development Program shall be expended in accordance
8 with the provisions of s. 287.057. Seaports subject to
9 competitive negotiation requirements of a local governing body
10 shall abide by the provisions of s. 287.055 be exempt from
11 this requirement.
12 Section 13. Paragraph (b) of subsection (1) of section
13 316.302, Florida Statutes, is amended to read:
14 316.302 Commercial motor vehicles; safety regulations;
15 transporters and shippers of hazardous materials;
16 enforcement.--
17 (1)
18 (b) Except as otherwise provided in this section, all
19 owners or drivers of commercial motor vehicles that are
20 engaged in intrastate commerce are subject to the rules and
21 regulations contained in 49 C.F.R. parts 382, 385, and
22 390-397, with the exception of 49 C.F.R. s. 390.5 as it
23 relates to the definition of bus, as such rules and
24 regulations existed on October 1, 2000 March 1, 1999.
25 Section 14. Paragraph (a) of subsection (3) of section
26 316.3025, Florida Statutes, is amended to read:
27 316.3025 Penalties.--
28 (3)(a) A civil penalty of $50 may be assessed for a
29 violation of 49 C.F.R. s. 390.21 s. 316.3027.
30 Section 15. Subsection (2) of section 316.515, Florida
31 Statutes, is amended to read:
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1 316.515 Maximum width, height, length.--
2 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
3 of 13 feet 6 inches, inclusive of load carried thereon.
4 However, an automobile transporter may, with a permit from the
5 Department of Transportation, measure a height not to exceed
6 14 feet, inclusive of the load carried thereon.
7 Section 16. Subsection (6) of section 316.535, Florida
8 Statutes, is renumbered as subsection (7), present subsection
9 (7) is renumbered as subsection (8) and amended, and a new
10 subsection (6) is added to said section to read:
11 316.535 Maximum weights.--
12 (6) Dump trucks, concrete mixing trucks, trucks
13 engaged in waste collection and disposal, and fuel oil and
14 gasoline trucks designed and constructed for special type work
15 or use, when operated as a single unit, shall be subject to
16 all safety and operational requirements of law, except that
17 any such vehicle need not conform to the axle spacing
18 requirements of this section provided that such vehicle shall
19 be limited to a total gross load, including the weight of the
20 vehicle, of 20,000 pounds per axle plus scale tolerances and
21 shall not exceed 550 pounds per inch width tire surface plus
22 scale tolerances. No vehicle operating pursuant to this
23 section shall exceed a gross weight, including the weight of
24 the vehicle and scale tolerances, of 70,000 pounds. Any
25 vehicle violating the weight provisions of this section shall
26 be penalized as provided in s. 316.545.
27 (7)(6) The Department of Transportation shall adopt
28 rules to implement this section, shall enforce this section
29 and the rules adopted hereunder, and shall publish and
30 distribute tables and other publications as deemed necessary
31 to inform the public.
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1 (8)(7) Except as hereinafter provided, no vehicle or
2 combination of vehicles exceeding the gross weights specified
3 in subsections (3), (4), and (5), and (6) shall be permitted
4 to travel on the public highways within the state.
5 Section 17. Paragraph (a) of subsection (2) of section
6 316.545, Florida Statutes, is amended to read:
7 316.545 Weight and load unlawful; special fuel and
8 motor fuel tax enforcement; inspection; penalty; review.--
9 (2)(a) Whenever an officer, upon weighing a vehicle or
10 combination of vehicles with load, determines that the axle
11 weight or gross weight is unlawful, the officer may require
12 the driver to stop the vehicle in a suitable place and remain
13 standing until a determination can be made as to the amount of
14 weight thereon and, if overloaded, the amount of penalty to be
15 assessed as provided herein. However, any gross weight over
16 and beyond 6,000 pounds beyond the maximum herein set shall be
17 unloaded and all material so unloaded shall be cared for by
18 the owner or operator of the vehicle at the risk of such owner
19 or operator. Except as otherwise provided in this chapter, to
20 facilitate compliance with and enforcement of the weight
21 limits established in s. 316.535, weight tables published
22 pursuant to s. 316.535(7) (6) shall include a 10-percent scale
23 tolerance and shall thereby reflect the maximum scaled weights
24 allowed any vehicle or combination of vehicles. As used in
25 this section, scale tolerance means the allowable deviation
26 from legal weights established in s. 316.535. Notwithstanding
27 any other provision of the weight law, if a vehicle or
28 combination of vehicles does not exceed the gross, external
29 bridge, or internal bridge weight limits imposed in s. 316.535
30 and the driver of such vehicle or combination of vehicles can
31 comply with the requirements of this chapter by shifting or
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1 equalizing the load on all wheels or axles and does so when
2 requested by the proper authority, the driver shall not be
3 held to be operating in violation of said weight limits.
4 Section 18. Section 330.27, Florida Statutes, is
5 amended to read:
6 330.27 Definitions, when used in ss. 330.29-330.36,
7 330.38, 330.39.--
8 (1) "Aircraft" means a powered or unpowered machine or
9 device capable of atmosphere flight any motor vehicle or
10 contrivance now known, or hereafter invented, which is used or
11 designed for navigation of or flight in the air, except a
12 parachute or other such device contrivance designed for such
13 navigation but used primarily as safety equipment.
14 (2) "Airport" means an any area of land or water, or
15 any manmade object or facility located thereon, which is used
16 for, or intended to be used for, use, for the landing and
17 takeoff of aircraft, including and any appurtenant areas,
18 which are used, or intended for use, for airport buildings, or
19 other airport facilities, or rights-of-way necessary to
20 facilitate such use or intended use, together with all airport
21 buildings and facilities located thereon.
22 (3) "Airport hazard" means any structure, object of
23 natural growth, or use of land which obstructs the airspace
24 required for the flight of aircraft in landing or taking off
25 at an airport or which is otherwise hazardous to such landing
26 or taking off.
27 (4) "Aviation" means the science and art of flight and
28 includes, but is not limited to, transportation by aircraft;
29 the operation, construction, repair, or maintenance of
30 aircraft, aircraft power plants, and accessories, including
31 the repair, packing, and maintenance of parachutes; the
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1 design, establishment, construction, extension, operation,
2 improvement, repair, or maintenance of airports or other air
3 navigation facilities; and instruction in flying or ground
4 subjects pertaining thereto.
5 (3)(5) "Department" means the Department of
6 Transportation.
7 (4)(6) "Limited airport" means any an airport,
8 publicly or privately owned, limited exclusively to the
9 specific conditions stated on the site approval order or
10 license.
11 (7) "Operation of aircraft" or "operate aircraft"
12 means the use, navigation, or piloting of aircraft in the
13 airspace over this state or upon any airport within this
14 state.
15 (8) "Political subdivision" means any county,
16 municipality, district, port or aviation commission or
17 authority, or similar entity authorized to establish or
18 operate an airport in this state.
19 (5)(9) "Private airport" means an airport, publicly or
20 privately owned, which is not open or available for use by the
21 public. A private airport is registered with the department
22 for use of the person or persons registering the facility used
23 primarily by the licensee but may be made which is available
24 to others for use by invitation of the registrant licensee.
25 Services may be provided if authorized by the department.
26 (6)(10) "Public airport" means an airport, publicly or
27 privately owned, which meets minimum safety and service
28 standards and is open for use by the public as listed in the
29 current United States Government Flight Information
30 Publication, Airport Facility Directory. A public airport is
31
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1 licensed by the department as meeting minimum safety
2 standards.
3 (7)(11) "Temporary airport" means any an airport,
4 publicly or privately owned, that will be used for a period of
5 less than 30 90 days with no more than 10 operations per day.
6 (8)(12) "Ultralight aircraft" means any
7 heavier-than-air, motorized aircraft meeting which meets the
8 criteria for maximum weight, fuel capacity, and airspeed
9 established for such aircraft by the Federal Aviation
10 Regulation Administration under Part 103 of the Federal
11 Aviation Regulations.
12 Section 19. Section 330.29, Florida Statutes, is
13 amended to read:
14 330.29 Administration and enforcement; rules;
15 standards for airport sites and airports.--It is the duty of
16 the department to:
17 (1) Administer and enforce the provisions of this
18 chapter.
19 (2) Establish minimum standards for airport sites and
20 airports under its licensing and registration jurisdiction.
21 (3) Establish and maintain a state aviation data
22 system to facilitate licensing and registration of all
23 airports.
24 (4)(3) Adopt rules pursuant to ss. 120.536(1) and
25 120.54 to implement the provisions of this chapter.
26 Section 20. Section 330.30, Florida Statutes, is
27 amended to read:
28 330.30 Approval of airport sites and licensing of
29 airports; fees.--
30 (1) SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE
31 PERIOD, REVOCATION.--
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1 (a) Except as provided in subsection (3), the owner or
2 lessee of any proposed airport shall, prior to site the
3 acquisition of the site or prior to the construction or
4 establishment of the proposed airport, obtain approval of the
5 airport site from the department. Applications for approval
6 of a site and for an original license shall be jointly made on
7 a form prescribed by the department and shall be accompanied
8 by a site approval fee of $100. The department, after
9 inspection of the airport site, shall grant the site approval
10 if it is satisfied:
11 1. That the site is suitable adequate for the airport
12 as proposed airport;
13 2. That the airport as proposed airport, if
14 constructed or established, will conform to minimum standards
15 of safety and will comply with the applicable local government
16 land development regulation or county or municipal zoning
17 requirements;
18 3. That all nearby airports, local governments
19 municipalities, and property owners have been notified and any
20 comments submitted by them have been given adequate
21 consideration; and
22 4. That safe air-traffic patterns can be established
23 worked out for the proposed airport with and for all existing
24 airports and approved airport sites in its vicinity.
25 (b) Site approval shall be granted for public airports
26 only after a favorable department inspection of the proposed
27 site.
28 (c) Site approval shall be granted for private
29 airports only after receipt of documentation the department
30 deems necessary to satisfy the conditions in paragraph (a).
31
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1 (d)(b) Site approval may be granted subject to any
2 reasonable conditions which the department deems may deem
3 necessary to protect the public health, safety, or welfare.
4 (e) Such Approval shall remain valid in effect for a
5 period of 2 years after the date of issue issuance of the site
6 approval order, unless sooner revoked by the department or
7 unless, prior to the expiration of the 2-year period, a public
8 airport license is issued or private airport registration
9 granted for an airport located on the approved site has been
10 issued pursuant to subsection (2) prior to the expiration
11 date.
12 (f) The department may extend a site approval may be
13 extended for up to a maximum of 2 years for upon good cause
14 shown by the owner or lessee of the airport site.
15 (g)(c) The department may revoke a site such approval
16 if it determines:
17 1. That there has been an abandonment of the site has
18 been abandoned as an airport site;
19 2. That there has been a failure within a reasonable
20 time to develop the site has not been developed as an airport
21 within a reasonable time period or development does not to
22 comply with the conditions of the site approval;
23 3. That except as required for in-flight emergencies
24 the operation of aircraft have operated of a nonemergency
25 nature has occurred on the site; or
26 4. That, because of changed physical or legal
27 conditions or circumstances, the site is no longer usable for
28 the aviation purposes due to physical or legal changes in
29 conditions that were the subject of for which the approval was
30 granted.
31
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1 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
2 RENEWAL, REVOCATION.--
3 (a) Except as provided in subsection (3), the owner or
4 lessee of any an airport in this state must have either a
5 public airport obtain a license or private airport
6 registration prior to the operation of aircraft to or from the
7 facility on the airport. An Application for a such license or
8 registration shall be made on a form prescribed by the
9 department and shall be accomplished jointly with an
10 application for site approval. Upon granting site approval:,
11 making a favorable final airport inspection report indicating
12 compliance with all license requirements, and receiving the
13 appropriate license fee, the department shall issue a license
14 to the applicant, subject to any reasonable conditions that
15 the department may deem necessary to protect the public
16 health, safety, or welfare.
17 1. For a public airport, the department shall issue a
18 license after a final airport inspection finds the facility to
19 be in compliance with all requirements for the license. The
20 license may be subject to any reasonable conditions that the
21 department may deem necessary to protect the public health,
22 safety, or welfare.
23 2. For a private airport, the department shall provide
24 controlled electronic access to the state aviation facility
25 data system to permit the applicant to complete the
26 registration process. Registration shall be completed upon
27 self-certification by the registrant of operational and
28 configuration data deemed necessary by the department.
29 (b) The department is authorized to license a public
30 an airport that does not meet all of the minimum standards
31 only if it determines that such exception is justified by
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1 unusual circumstances or is in the interest of public
2 convenience and does not endanger the public health, safety,
3 or welfare. Such a license shall bear the designation
4 "special" and shall state the conditions subject to which the
5 license is granted.
6 (c) The department may authorize a site to be used as
7 a temporary airport if it finds, after inspection of the site,
8 that the airport will not endanger the public health, safety,
9 or welfare. A temporary airport will not require a license or
10 registration. Such Authorization to use a site for a temporary
11 airport will be valid for shall expire not more later than 30
12 90 days after issuance and is not renewable.
13 (d) The license fees for the four categories of
14 airport licenses are:
15 1. Public airport: $100.
16 2. Private airport: $70.
17 3. Limited airport: $50.
18 4. Temporary airport: $25.
19
20 Airports owned or operated by the state, a county, or a
21 municipality and emergency helistops operated by licensed
22 hospitals are required to be licensed but are exempt from the
23 payment of site approval fees and annual license fees.
24 (d)(e)1. Each public airport license will expire no
25 later than 1 year after the effective date of the license,
26 except that the expiration date of a license may be adjusted
27 to provide a maximum license period of 18 months to facilitate
28 airport inspections, recognize seasonal airport operations, or
29 improve administrative efficiency. If the expiration date for
30 a public airport is adjusted, the appropriate license fee
31
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1 shall be determined by prorating the annual fee based on the
2 length of the adjusted license period.
3 2. Registration The license period for private all
4 airports other than public airports will remain valid provided
5 specific elements of airport data, established by the
6 department, are periodically recertified by the airport
7 registrant. The ability to recertify private airport
8 registration data shall be available at all times by
9 electronic submittal. Recertification shall be required each
10 12 months. A private airport registration that has not been
11 recertified in the 12-month period following the last
12 certification shall expire. The expiration date of the current
13 registration period will be clearly identifiable from the
14 state aviation facility data system. be set by the department,
15 but shall not exceed a period of 5 years. In determining the
16 license period for such airports, the department shall
17 consider the number of based aircraft, the airport location
18 relative to adjacent land uses and other airports, and any
19 other factors deemed by the department to be critical to
20 airport operation and safety.
21 3. The effective date and expiration date shall be
22 shown on public airport licenses stated on the face of the
23 license. Upon receiving an application for renewal of a public
24 airport license on a form prescribed by the department and,
25 making a favorable inspection report indicating compliance
26 with all applicable requirements and conditions, and receiving
27 the appropriate annual license fee, the department shall renew
28 the license, subject to any conditions deemed necessary to
29 protect the public health, safety, or welfare.
30
31
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1 4. The department may require a new site approval for
2 any an airport if the license or registration of the airport
3 has expired not been renewed by the expiration date.
4 5. If the renewal application for a public airport
5 license has and fees have not been received by the department
6 or no private airport registration recertification has been
7 accomplished within 15 days after the date of expiration of
8 the license, the department may close the airport.
9 (e)(f) The department may revoke any airport
10 registration, license, or license renewal thereof, or refuse
11 to allow registration or issue a registration or license
12 renewal, if it determines:
13 1. That the site there has been abandoned as an an
14 abandonment of the airport as such;
15 2. That the airport does not there has been a failure
16 to comply with the registration, license, license renewal, or
17 site conditions of the license or renewal thereof; or
18 3. That, because of changed physical or legal
19 conditions or circumstances, the airport has become either
20 unsafe or unusable for flight operation due to physical or
21 legal changes in conditions that were the subject of approval
22 the aeronautical purposes for which the license or renewal was
23 issued.
24 (3) EXEMPTIONS.--The provisions of this section do not
25 apply to:
26 (a) An airport owned or operated by the United States.
27 (b) An ultralight aircraft landing area; except that
28 any public ultralight airport located more than within 5
29 nautical miles from a of another public airport or military
30 airport, except or any ultralight landing area with more than
31
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1 10 ultralight aircraft operating from the site is subject to
2 the provisions of this section.
3 (c) A helistop used solely in conjunction with a
4 construction project undertaken pursuant to the performance of
5 a state contract if the purpose of the helicopter operations
6 at the site is to expedite construction.
7 (d) An airport under the jurisdiction or control of a
8 county or municipal aviation authority or a county or
9 municipal port authority or the Spaceport Florida Authority;
10 however, the department shall license any such airport if such
11 authority does not elect to exercise its exemption under this
12 subsection.
13 (d)(e) A helistop used by mosquito control or
14 emergency services, not to include areas where permanent
15 facilities are installed, such as hospital landing sites.
16 (e)(f) An airport which meets the criteria of s.
17 330.27(11) used exclusively for aerial application or spraying
18 of crops on a seasonal basis, not to include any licensed
19 airport where permanent crop aerial application or spraying
20 facilities are installed, if the period of operation does not
21 exceed 30 days per calendar year. Such proposed airports,
22 which will be located within 3 miles of existing airports or
23 approved airport sites, shall work out safe air-traffic
24 patterns with such existing airports or approved airport
25 sites, by memorandums of understanding, or by letters of
26 agreement between the parties representing the airports or
27 sites.
28 (4) EXCEPTIONS.--Private airports with ten or more
29 based aircraft may request to be inspected and licensed by the
30 department. Private airports licensed according to this
31
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1 subsection shall be considered private airports as defined in
2 s. 330.27(5) in all other respects.
3 Section 21. Subsection (2) of section 330.35, Florida
4 Statutes, is amended to read:
5 330.35 Airport zoning, approach zone protection.--
6 (2) Airports licensed for general public use under the
7 provisions of s. 330.30 are eligible for airport zoning
8 approach zone protection, and the procedure shall be the same
9 as is prescribed in chapter 333.
10 Section 22. Subsection (2) of section 330.36, Florida
11 Statutes, is amended to read:
12 330.36 Prohibition against county or municipal
13 licensing of airports; regulation of seaplane landings.--
14 (2) A municipality may prohibit or otherwise regulate,
15 for specified public health and safety purposes, the landing
16 of seaplanes in and upon any public waters of the state which
17 are located within the limits or jurisdiction of, or bordering
18 on, the municipality upon adoption of zoning requirements in
19 compliance with the provisions of subsection (1).
20 Section 23. Subsection (4) of section 332.004, Florida
21 Statutes, is amended to read:
22 332.004 Definitions of terms used in ss.
23 332.003-332.007.--As used in ss. 332.003-332.007, the term:
24 (4) "Airport or aviation development project" or
25 "development project" means any activity associated with the
26 design, construction, purchase, improvement, or repair of a
27 public-use airport or portion thereof, including, but not
28 limited to: the purchase of equipment; the acquisition of
29 land, including land required as a condition of a federal,
30 state, or local permit or agreement for environmental
31 mitigation; off-airport noise mitigation projects; the
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1 removal, lowering, relocation, marking, and lighting of
2 airport hazards; the installation of navigation aids used by
3 aircraft in landing at or taking off from a public airport;
4 the installation of safety equipment required by rule or
5 regulation for certification of the airport under s. 612 of
6 the Federal Aviation Act of 1958, and amendments thereto; and
7 the improvement of access to the airport by road or rail
8 system which is on airport property and which is consistent,
9 to the maximum extent feasible, with the approved local
10 government comprehensive plan of the units of local government
11 in which the airport is located.
12 Section 24. Subsection (4) is added to section 333.06,
13 Florida Statutes, to read:
14 333.06 Airport zoning requirements.--
15 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO
16 AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be
17 prepared by each publicly owned and operated airport licensed
18 by the Department of Transportation under chapter 330. The
19 authorized entity having responsibility for governing the
20 operation of the airport, when either requesting from or
21 submitting to a state or federal governmental agency with
22 funding or approval jurisdiction a "finding of no significant
23 impact," an environmental assessment, a site-selection study,
24 an airport master plan, or any amendment to an airport master
25 plan, shall submit simultaneously a copy of said request,
26 submittal, assessment, study, plan, or amendments by certified
27 mail to all affected local governments. For the purposes of
28 this subsection, "affected local government" is defined as any
29 city or county having jurisdiction over the airport and any
30 city or county located within 2 miles of the boundaries of the
31 land subject to the airport master plan.
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1 Section 25. Subsection (5) and paragraph (b) of
2 subsection (15) of section 334.044, Florida Statutes, are
3 amended to read:
4 334.044 Department; powers and duties.--The department
5 shall have the following general powers and duties:
6 (5) To purchase, lease, or otherwise acquire property
7 and materials, including the purchase of promotional items as
8 part of public information and education campaigns for the
9 promotion of scenic highways, traffic and train safety
10 awareness, alternatives to single-occupant vehicle travel, and
11 commercial motor vehicle safety; to purchase, lease, or
12 otherwise acquire equipment and supplies; and to sell,
13 exchange, or otherwise dispose of any property that is no
14 longer needed by the department.
15 (15) To regulate and prescribe conditions for the
16 transfer of stormwater to the state right-of-way as a result
17 of manmade changes to adjacent properties.
18 (b) The department is specifically authorized to adopt
19 rules which set forth the purpose; necessary definitions;
20 permit exceptions; permit and assurance requirements; permit
21 application procedures; permit forms; general conditions for a
22 drainage permit; provisions for suspension or revocation of a
23 permit; and provisions for department recovery of fines,
24 penalties, and costs incurred due to permittee actions. In
25 order to avoid duplication and overlap with other units of
26 government, the department shall accept a surface water
27 management permit issued by a water management district, the
28 Department of Environmental Protection, a surface water
29 management permit issued by a delegated local government, or a
30 permit issued pursuant to an approved Stormwater Management
31 Plan or Master Drainage Plan; provided issuance is based on
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1 requirements equal to or more stringent than those of the
2 department. The department may enter into a permit delegation
3 agreement with a governmental entity provided issuance is
4 based on requirements that the department determines will
5 ensure the safety and integrity of the Department of
6 Transportation facilities.
7 Section 26. Section 334.193, Florida Statutes, is
8 amended to read:
9 334.193 Unlawful for certain persons to be financially
10 interested in purchases, sales, and certain contracts;
11 penalties.--
12 (1) It is unlawful for a state officer, or an employee
13 or agent of the department, or for any company, corporation,
14 or firm in which a state officer, or an employee or agent of
15 the department has a financial interest, to bid on, enter
16 into, or be personally interested in:
17 (a) The purchase or the furnishing of any materials or
18 supplies to be used in the work of the state.
19 (b) A contract for the construction of any state road,
20 the sale of any property, or the performance of any other work
21 for which the department is responsible.
22 (2) Notwithstanding the provisions of subsection (1):
23 (a) The department may consider competitive bids or
24 proposals by employees or employee work groups who have a
25 financial interest in matters referenced in paragraphs (1)(a)
26 and (b) when the subject matter of a request for bids or
27 proposals by the department includes functions performed by
28 the employees or employee work groups of the department before
29 the request for bids or proposals. However, if the employees,
30 employee work groups, or entity in which an employee of the
31 department has an interest is the successful bidder or
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1 proposer, such employee or employees must resign from
2 department employment upon executing an agreement to perform
3 the matter bid upon.
4 (b) The department may consider competitive bids or
5 proposals of employees or employee work groups submitted on
6 behalf of the department to perform the subject matter of
7 requests for bids or proposals. The department may select
8 such bid or proposal for performance of the work by the
9 department.
10
11 The department may update existing rules or adopt new rules
12 pertaining to employee usage of department equipment,
13 facilities, and supplies during business hours for
14 nondepartment activities in order to implement this
15 subsection.
16 (3) Any person who is convicted of a violation of this
17 section is guilty of a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083, and shall
19 be removed from his or her office or employment.
20 Section 27. Section 334.30, Florida Statutes, is
21 amended to read:
22 334.30 Public-private Private transportation
23 facilities.--The Legislature hereby finds and declares that
24 there is a public need for rapid construction of safe and
25 efficient transportation facilities for the purpose of travel
26 within the state, and that it is in the public's interest to
27 provide for public-private partnership agreements to
28 effectuate the construction of additional safe, convenient,
29 and economical transportation facilities.
30 (1) The department may receive or solicit proposals
31 and, with legislative approval by a separate bill for each
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1 facility, enter into agreements with private entities, or
2 consortia thereof, for the building, operation, ownership, or
3 financing of transportation facilities. The department is
4 authorized to adopt rules to implement this section and shall
5 by rule establish an application fee for the submission of
6 proposals under this section. The fee must be sufficient to
7 pay the costs of evaluating the proposals. The department may
8 engage the services of private consultants to assist in the
9 evaluation. Before seeking legislative approval, the
10 department must determine that the proposed project:
11 (a) Is in the public's best interest.;
12 (b) Would not require state funds to be used unless
13 there is an overriding state interest. However, the department
14 may use state resources for a transportation facility project
15 that is on the State Highway System or that provides for
16 increased mobility on the state's transportation system.; and
17 (c) Would have adequate safeguards in place to ensure
18 that no additional costs or service disruptions would be
19 realized by the traveling public and citizens of the state in
20 the event of default or cancellation of the agreement by the
21 department.
22
23 The department shall ensure that all reasonable costs to the
24 state and substantially affected local governments and
25 utilities, related to the private transportation facility, are
26 borne by the private entity.
27 (2) The use of funds from the State Transportation
28 Trust Fund is limited to advancing projects already programmed
29 in the adopted 5-year work program or to no more than a
30 statewide total of $50 million in capital costs for all
31 projects not programmed in the adopted 5-year work program.
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1 (3) The department may request proposals for
2 public-private transportation proposals or, if the department
3 receives a proposal, shall publish a notice in the Florida
4 Administrative Weekly and a newspaper of general circulation
5 at least once a week for 2 weeks, stating that the department
6 has received the proposal and will accept, for 60 days after
7 the initial date of publication, other proposals for the same
8 project purpose. A copy of the notice must be mailed to each
9 local government in the affected area.
10 (4) The department shall not commit funds in excess of
11 the limitation in subsection (2) without specific project
12 approval by the legislature.
13 (5)(2) Agreements entered into pursuant to this
14 section may authorize the private entity to impose tolls or
15 fares for the use of the facility. However, the amount and
16 use of toll or fare revenues may be regulated by the
17 department to avoid unreasonable costs to users of the
18 facility.
19 (6)(3) Each private transportation facility
20 constructed pursuant to this section shall comply with all
21 requirements of federal, state, and local laws; state,
22 regional, and local comprehensive plans; department rules,
23 policies, procedures, and standards for transportation
24 facilities; and any other conditions which the department
25 determines to be in the public's best interest.
26 (7)(4) The department may exercise any power possessed
27 by it, including eminent domain, with respect to the
28 development and construction of state transportation projects
29 to facilitate the development and construction of
30 transportation projects pursuant to this section. For
31 public-private facilities located on the State Highway System,
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1 the department may pay all or part of the cost of operating
2 and maintaining the facility. For facilities not located on
3 the State Highway System, the department may provide services
4 to the private entity and. agreements for maintenance, law
5 enforcement, and other services entered into pursuant to this
6 section shall provide for full reimbursement for services
7 rendered.
8 (8)(5) Except as herein provided, the provisions of
9 this section are not intended to amend existing laws by
10 granting additional powers to, or further restricting, local
11 governmental entities from regulating and entering into
12 cooperative arrangements with the private sector for the
13 planning, construction, and operation of transportation
14 facilities.
15 (9) The department shall have the authority to create,
16 or assist in the creation of, tax-exempt, public-purpose
17 chapter 63-20 corporations as provided for under the Internal
18 Revenue Code, for the purpose of shielding the state from
19 possible financing risks for projects under this section.
20 Chapter 63-20 corporations may receive State Transportation
21 Trust Fund grants from the department. The department shall be
22 empowered to enter into public-private partnership agreements
23 with chapter 63-20 corporations for projects under this
24 section.
25 (10) The department may lend funds from the Toll
26 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
27 chapter 63-20 corporations that propose projects containing
28 toll facilities. To be eligible, the chapter 63-20 corporation
29 must meet the provisions of s. 338.251 and must also provide
30 credit support, such as a letter of credit or other means
31
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1 acceptable to the department, to ensure the loans will be
2 repaid as required by law.
3 (11)(6) Notwithstanding s. 341.327, a fixed-guideway
4 transportation system authorized by the department to be
5 wholly or partially within the department's right-of-way
6 pursuant to a lease granted under s. 337.251 may operate at
7 any safe speed.
8 Section 28. Section 335.066, Florida Statutes, is
9 created to read:
10 335.066 Safe Paths to Schools Program.--
11 (1) There is hereby established within the Department
12 of Transportation the Safe Paths to Schools Program to
13 consider the planning and construction of bicycle and
14 pedestrian ways to provide safe transportation for children
15 from neighborhoods to schools, parks, and the state's
16 greenways and trails system.
17 (2) As part of the Safe Paths to Schools Program, the
18 department may establish a grant program to fund local,
19 regional, and state bicycle and pedestrian projects that
20 support the program.
21 (3) The department may adopt appropriate rules for the
22 administration of the Safe Paths to Schools Program.
23 Section 29. Subsections (3), (4), and (5) of section
24 335.141, Florida Statutes, are amended to read:
25 335.141 Regulation of public railroad-highway grade
26 crossings; reduction of hazards.--
27 (3) The department is authorized to regulate the speed
28 limits of railroad traffic on a municipal, county, regional,
29 or statewide basis. Such speed limits shall be established by
30 order of the department, which order is subject to the
31 provisions of chapter 120. The department shall have the
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1 authority to adopt reasonable rules to carry out the
2 provisions of this subsection. Such rules shall, at a minimum,
3 provide for public input prior to the issuance of any such
4 order.
5 (4) Jurisdiction to enforce such orders shall be as
6 provided in s. 316.640, and any penalty for violation thereof
7 shall be imposed upon the railroad company guilty of such
8 violation. Nothing herein shall prevent a local governmental
9 entity from enacting ordinances relating to the blocking of
10 streets by railroad engines and cars.
11 (4)(5) Any local governmental entity or other public
12 or private agency planning a public event, such as a parade or
13 race, that involves the crossing of a railroad track shall
14 notify the railroad as far in advance of the event as possible
15 and in no case less than 72 hours in advance of the event so
16 that the coordination of the crossing may be arranged by the
17 agency and railroad to assure the safety of the railroad
18 trains and the participants in the event.
19 Section 30. Section 336.12, Florida Statutes, is
20 amended to read:
21 336.12 Closing and abandonment of roads; termination
22 of easement; conveyance of fee; optional conveyance for gated
23 communities.--
24 (1) Except as otherwise provided in subsection (2),
25 the act of any commissioners in closing or abandoning any such
26 road, or in renouncing or disclaiming any rights in any land
27 delineated on any recorded map as a road, shall abrogate the
28 easement theretofore owned, held, claimed or used by or on
29 behalf of the public and the title of fee owners shall be
30 freed and released therefrom; and if the fee of road space has
31 been vested in the county, same will be thereby surrendered
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1 and will vest in the abutting fee owners to the extent and in
2 the same manner as in case of termination of an easement for
3 road purposes.
4 (2) The governing body of the county may abandon the
5 roads and rights-of-way dedicated in a recorded residential
6 subdivision plat and simultaneously convey the county's
7 interest in such roads, rights-of-way, and appurtenant
8 drainage facilities to a homeowners' association for the
9 subdivision, if the following conditions have been met:
10 (a) The homeowners' association has requested the
11 abandonment and conveyance in writing for the purpose of
12 converting the subdivision to a gated neighborhood with
13 restricted public access.
14 (b) No fewer than four-fifths of the owners of record
15 of property located in the subdivision have consented in
16 writing to the abandonment and simultaneous conveyance to the
17 homeowners' association.
18 (c) The homeowners' association is both a corporation
19 not for profit organized and in good standing under chapter
20 617, and a "homeowners' association" as defined in s.
21 720.301(7) with the power to levy and collect assessments for
22 routine and periodic major maintenance and operation of street
23 lighting, drainage, sidewalks, and pavement in the
24 subdivision.
25 (d) The homeowners' association has entered into and
26 executed such agreements, covenants, warranties, and other
27 instruments; has provided, or has provided assurance of, such
28 funds, reserve funds, and funding sources; and has satisfied
29 such other requirements and conditions as may be established
30 or imposed by the county with respect to the ongoing
31 operation, maintenance, and repair and the periodic
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1 reconstruction or replacement of the roads, drainage, street
2 lighting, and sidewalks in the subdivision after the
3 abandonment by the county.
4
5 Upon abandonment of the roads and rights-of-way and the
6 conveyance thereof to the homeowners' association, the
7 homeowners' association shall have all the rights, title, and
8 interests in the roads and rights-of-way, including all
9 appurtenant drainage facilities, as were previously vested in
10 the county. Thereafter, the homeowners' association shall
11 hold the roads and rights-of-way in trust for the benefit of
12 the owners of the property in the subdivision, and shall
13 operate, maintain, repair, and, from time to time, replace and
14 reconstruct the roads, street lighting, sidewalks, and
15 drainage facilities as necessary to ensure their use and
16 enjoyment by the property owners, tenants, and residents of
17 the subdivision and their guests and invitees.
18 Section 31. Subsection (4) is added to section 336.41,
19 Florida Statutes, to read:
20 336.41 Counties; employing labor and providing road
21 equipment; definitions.--
22 (4)(a) For contracts in excess of $250,000, any county
23 may require that persons interested in performing work under
24 the contract first be certified or qualified to do the work.
25 Any contractor prequalified and considered eligible to bid by
26 the department to perform the type of work described under the
27 contract shall be presumed to be qualified to perform the work
28 so described. Any contractor may be considered ineligible to
29 bid by the county if the contractor is behind an approved
30 progress schedule by 10 percent or more on another project for
31 that county at the time of the advertisement of the work. The
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1 county may provide an appeal process to overcome such
2 consideration with de novo review based on the record below to
3 the circuit court.
4 (b) The county shall publish prequalification criteria
5 and procedures prior to advertisement or notice of
6 solicitation. Such publications shall include notice of a
7 public hearing for comment on such criteria and procedures
8 prior to adoption. The procedures shall provide for an appeal
9 process within the county for objections to the
10 prequalification process with de novo review based on the
11 record below to the circuit court.
12 (c) The county shall also publish for comment, prior
13 to adoption, the selection criteria and procedures to be used
14 by the county if such procedures would allow selection of
15 other than the lowest responsible bidder. The selection
16 criteria shall include an appeal process within the county
17 with de novo review based on the record below to the circuit
18 court.
19 Section 32. Subsection (2) of section 336.44, Florida
20 Statutes, is amended to read:
21 336.44 Counties; contracts for construction of roads;
22 procedure; contractor's bond.--
23 (2) Such contracts shall be let to the lowest
24 responsible competent bidder, after publication of notice for
25 bids containing specifications furnished by the commissioners
26 in a newspaper published in the county where such contract is
27 made, at least once each week for 2 consecutive weeks prior to
28 the making of such contract.
29 Section 33. Section 337.107, Florida Statutes, is
30 amended to read:
31
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1 337.107 Contracts for right-of-way services.--The
2 department may enter into contracts pursuant to s. 287.055 or
3 s. 337.025 for right-of-way services on transportation
4 corridors and transportation facilities or the department may
5 include right-of-way services as part of design-build
6 contracts awarded pursuant to s. 337.11. Right-of-way
7 services include negotiation and acquisition services,
8 appraisal services, demolition and removal of improvements,
9 and asbestos-abatement services.
10 Section 34. Paragraph (c) of subsection (6) and
11 paragraph (a) of subsection (7) of section 337.11, Florida
12 Statutes, are amended to read:
13 337.11 Contracting authority of department; bids;
14 emergency repairs, supplemental agreements, and change orders;
15 combined design and construction contracts; progress payments;
16 records; requirements of vehicle registration.--
17 (6)
18 (c) When the department determines that it is in the
19 best interest of the public for reasons of public concern,
20 economy, improved operations or safety, and only when
21 circumstances dictate rapid completion of the work, the
22 department may, up to the threshold amount of $120,000
23 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
24 for construction and maintenance without advertising and
25 receiving competitive bids. However, if legislation is enacted
26 by the Legislature which changes the category thresholds, the
27 threshold amount shall remain at $60,000. The department may
28 enter into such contracts only upon a determination that the
29 work is necessary for one of the following reasons:
30 1. To ensure timely completion of projects or
31 avoidance of undue delay for other projects;
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1 2. To accomplish minor repairs or construction and
2 maintenance activities for which time is of the essence and
3 for which significant cost savings would occur; or
4 3. To accomplish nonemergency work necessary to ensure
5 avoidance of adverse conditions that affect the safe and
6 efficient flow of traffic.
7
8 The department shall make a good faith effort to obtain two or
9 more quotes, if available, from qualified contractors before
10 entering into any contract. The department shall give
11 consideration to disadvantaged business enterprise
12 participation. However, when the work exists within the limits
13 of an existing contract, the department shall make a good
14 faith effort to negotiate and enter into a contract with the
15 prime contractor on the existing contract.
16 (7)(a) If the head of the department determines that
17 it is in the best interests of the public, the department may
18 combine the design and construction phases of a building, a
19 major bridge, an enhancement project, or a rail corridor
20 project into a single contract. Such contract is referred to
21 as a design-build contract. Design-build contracts may be
22 advertised and awarded notwithstanding the requirements of
23 paragraph (c) of subsection (3). However, construction
24 activities may not begin on any portion of such projects until
25 title to the necessary rights-of-way and easements for the
26 construction of such portion of the project has vested in the
27 state or a local governmental entity and all railroad crossing
28 and utility agreements have been executed. Title to
29 rights-of-way vests in the state when the title has been
30 dedicated to the public or acquired by prescription.
31
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1 Section 35. Subsection (4) of section 337.14, Florida
2 Statutes, is amended, and subsection (9) is added to said
3 section, to read:
4 337.14 Application for qualification; certificate of
5 qualification; restrictions; request for hearing.--
6 (4) If the applicant is found to possess the
7 prescribed qualifications, the department shall issue to him
8 or her a certificate of qualification that which, unless
9 thereafter revoked by the department for good cause, will be
10 valid for a period of 18 16 months after from the date of the
11 applicant's financial statement or such shorter period as the
12 department prescribes may prescribe. If In the event the
13 department finds that an application is incomplete or contains
14 inadequate information or information that which cannot be
15 verified, the department may request in writing that the
16 applicant provide the necessary information to complete the
17 application or provide the source from which any information
18 in the application may be verified. If the applicant fails to
19 comply with the initial written request within a reasonable
20 period of time as specified therein, the department shall
21 request the information a second time. If the applicant fails
22 to comply with the second request within a reasonable period
23 of time as specified therein, the application shall be denied.
24 (9)(a) Notwithstanding any other law to the contrary,
25 for contracts in excess of $250,000, an authority created
26 pursuant to chapter 348 or chapter 349 may require that
27 persons interested in performing work under contract first be
28 certified or qualified to do the work. Any contractor may be
29 considered ineligible to bid by the governmental entity or
30 authority if the contractor is behind an approved progress
31 schedule for the governmental entity or authority by 10
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1 percent or more at the time of advertisement of the work. Any
2 contractor prequalified and considered eligible by the
3 department to bid to perform the type of work described under
4 the contract shall be presumed to be qualified to perform the
5 work so described. The governmental entity or authority may
6 provide an appeal process to overcome that presumption with de
7 novo review based on the record below to the circuit court.
8 (b) With respect to contractors not prequalified with
9 the department, the authority shall publish prequalification
10 criteria and procedures prior to advertisement or notice of
11 solicitation. Such publications shall include notice of a
12 public hearing for comment on such criteria and procedures
13 prior to adoption. The procedures shall provide for an appeal
14 process within the authority for objections to the
15 prequalification process with de novo review based on the
16 record below to the circuit court within 30 days.
17 (c) An authority may establish criteria and procedures
18 whereunder contractor selection may occur on a basis other
19 than the lowest responsible bidder. Prior to adoption, the
20 authority shall publish for comment the proposed criteria and
21 procedures. Review of the adopted criteria and procedures
22 shall be to the circuit court, within 30 days after adoption,
23 with de novo review based on the record below.
24 Section 36. Subsection (2) of section 337.401, Florida
25 Statutes, is amended to read:
26 337.401 Use of right-of-way for utilities subject to
27 regulation; permit; fees.--
28 (2) The authority may grant to any person who is a
29 resident of this state, or to any corporation which is
30 organized under the laws of this state or licensed to do
31 business within this state, the use of a right-of-way for the
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1 utility in accordance with such rules or regulations as the
2 authority may adopt. No utility shall be installed, located,
3 or relocated unless authorized by a written permit issued by
4 the authority. However, for public roads or publicly owned
5 rail corridors under the jurisdiction of the department, a
6 utility relocation schedule and relocation agreement may be
7 executed in lieu of a written permit. The permit shall require
8 the permitholder to be responsible for any damage resulting
9 from the issuance of such permit. The authority may initiate
10 injunctive proceedings as provided in s. 120.69 to enforce
11 provisions of this subsection or any rule or order issued or
12 entered into pursuant thereto.
13 Section 37. Subsections (1) and (2) of section 339.08,
14 Florida Statutes, are amended to read:
15 339.08 Use of moneys in State Transportation Trust
16 Fund.--
17 (1) The department shall expend by rule provide for
18 the expenditure of the moneys in the State Transportation
19 Trust Fund accruing to the department, in accordance with its
20 annual budget.
21 (2) These rules must restrict The use of such moneys
22 shall be restricted to the following purposes:
23 (a) To pay administrative expenses of the department,
24 including administrative expenses incurred by the several
25 state transportation districts, but excluding administrative
26 expenses of commuter rail authorities that do not operate rail
27 service.
28 (b) To pay the cost of construction of the State
29 Highway System.
30 (c) To pay the cost of maintaining the State Highway
31 System.
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1 (d) To pay the cost of public transportation projects
2 in accordance with chapter 341 and ss. 332.003-332.007.
3 (e) To reimburse counties or municipalities for
4 expenditures made on projects in the State Highway System as
5 authorized by s. 339.12(4) upon legislative approval.
6 (f) To pay the cost of economic development
7 transportation projects in accordance with s. 288.063.
8 (g) To lend or pay a portion of the operating,
9 maintenance, and capital costs of a revenue-producing
10 transportation project that is located on the State Highway
11 System or that is demonstrated to relieve traffic congestion
12 on the State Highway System.
13 (h) To match any federal-aid funds allocated for any
14 other transportation purpose, including funds allocated to
15 projects not located in the State Highway System.
16 (i) To pay the cost of county road projects selected
17 in accordance with the Small County Road Assistance Program
18 created in s. 339.2816.
19 (j) To pay the cost of county or municipal road
20 projects selected in accordance with the County Incentive
21 Grant Program created in s. 339.2817 and the Small County
22 Outreach Program created in s. 339.2818.
23 (k) To provide loans and credit enhancements for use
24 in constructing and improving highway transportation
25 facilities selected in accordance with the state-funded
26 infrastructure bank created in s. 339.55.
27 (l) To fund the Transportation Outreach Program
28 created in s. 339.137.
29 (m) To pay other lawful expenditures of the
30 department.
31
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1 Section 38. Paragraph (c) of subsection (4) and
2 subsection (5) of section 339.12, Florida Statutes, are
3 amended, to read:
4 339.12 Aid and contributions by governmental entities
5 for department projects; federal aid.--
6 (4)
7 (c) The department may enter into agreements under
8 this subsection for a project or project phase not included in
9 the adopted work program. As used in this paragraph, the term
10 "project phase" means acquisition of rights-of-way,
11 construction, construction inspection, and related support
12 phases. The project or project phase must be a high priority
13 of the governmental entity. Reimbursement for a project or
14 project phase must be made from funds appropriated by the
15 Legislature pursuant to s. 339.135(5). All other provisions of
16 this subsection apply to agreements entered into under this
17 paragraph. The total amount of project agreements for projects
18 or project phases not included in the adopted work program may
19 not at any time exceed $150 $100 million.
20 (5) The department and the governing body of a
21 governmental entity may enter into an agreement by which the
22 governmental entity agrees to perform a highway project or
23 project phase in the department's adopted work program that is
24 not revenue producing or any public transportation project in
25 the adopted work program. By specific provision in the
26 written agreement between the department and the governing
27 body of the governmental entity, the department may agree to
28 compensate reimburse the governmental entity the actual cost
29 of for the project or project phase contained in the adopted
30 work program. Compensation Reimbursement to the governmental
31 entity for such project or project phases must be made from
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1 funds appropriated by the Legislature, and compensation
2 reimbursement for the cost of the project or project phase is
3 to begin in the year the project or project phase is scheduled
4 in the work program as of the date of the agreement.
5 Section 39. Paragraphs (a), (b), (f), and (g) of
6 subsection (4) of section 339.135, Florida Statutes, are
7 amended to read:
8 339.135 Work program; legislative budget request;
9 definitions; preparation, adoption, execution, and
10 amendment.--
11 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
12 (a)1. To assure that no district or county is
13 penalized for local efforts to improve the State Highway
14 System, the department shall, for the purpose of developing a
15 tentative work program, allocate funds for new construction to
16 the districts, except for the turnpike enterprise district,
17 based on equal parts of population and motor fuel tax
18 collections. Funds for resurfacing, bridge repair and
19 rehabilitation, bridge fender system construction or repair,
20 public transit projects except public transit block grants as
21 provided in s. 341.052, and other programs with quantitative
22 needs assessments shall be allocated based on the results of
23 these assessments. The department may not transfer any funds
24 allocated to a district under this paragraph to any other
25 district except as provided in subsection (7). Funds for
26 public transit block grants shall be allocated to the
27 districts pursuant to s. 341.052.
28 2. Notwithstanding the provisions of subparagraph 1.,
29 the department shall allocate at least 50 percent of any new
30 discretionary highway capacity funds to the Florida Intrastate
31 Highway System established pursuant to s. 338.001. Any
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1 remaining new discretionary highway capacity funds shall be
2 allocated to the districts for new construction as provided in
3 subparagraph 1. For the purposes of this subparagraph, the
4 term "new discretionary highway capacity funds" means any
5 funds available to the department above the prior year funding
6 level for capacity improvements, which the department has the
7 discretion to allocate to highway projects.
8 (b)1. A tentative work program, including the ensuing
9 fiscal year and the successive 4 fiscal years, shall be
10 prepared for the State Transportation Trust Fund and other
11 funds managed by the department, unless otherwise provided by
12 law. The tentative work program shall be based on the
13 district work programs and shall set forth all projects by
14 phase to be undertaken during the ensuing fiscal year and
15 planned for the successive 4 fiscal years. The total amount of
16 the liabilities accruing in each fiscal year of the tentative
17 work program may not exceed the revenues available for
18 expenditure during the respective fiscal year based on the
19 cash forecast for that respective fiscal year.
20 2. The tentative work program shall be developed in
21 accordance with the Florida Transportation Plan required in s.
22 339.155 and must comply with the program funding levels
23 contained in the program and resource plan.
24 3. The department may include in the tentative work
25 program proposed changes to the programs contained in the
26 previous work program adopted pursuant to subsection (5);
27 however, the department shall minimize changes and adjustments
28 that affect the scheduling of project phases in the 4 common
29 fiscal years contained in the previous adopted work program
30 and the tentative work program. The department, in the
31 development of the tentative work program, shall advance by 1
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1 fiscal year all projects included in the second year of the
2 previous year's adopted work program, unless the secretary
3 specifically determines that it is necessary, for specific
4 reasons, to reschedule or delete one or more projects from
5 that year. Such changes and adjustments shall be clearly
6 identified, and the effect on the 4 common fiscal years
7 contained in the previous adopted work program and the
8 tentative work program shall be shown. It is the intent of
9 the Legislature that the first 5 years of the adopted work
10 program for facilities designated as part of the Florida
11 Intrastate Highway System and the first 3 years of the adopted
12 work program stand as the commitment of the state to undertake
13 transportation projects that local governments may rely on for
14 planning purposes and in the development and amendment of the
15 capital improvements elements of their local government
16 comprehensive plans. (f) The central office shall submit a
17 preliminary copy of the tentative work program to the
18 Executive Office of the Governor, the legislative
19 appropriations committees, the Florida Transportation
20 Commission, and the Department of Community Affairs at least
21 14 days prior to the convening of the regular legislative
22 session. Prior to the statewide public hearing required by
23 paragraph (g), the Department of Community Affairs shall
24 transmit to the Florida Transportation Commission a list of
25 those projects and project phases contained in the tentative
26 work program which are identified as being inconsistent with
27 approved local government comprehensive plans. For urbanized
28 areas of metropolitan planning organizations, the list may not
29 contain any project or project phase that is scheduled in a
30 transportation improvement program unless such inconsistency
31 has been previously reported to the affected metropolitan
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1 planning organization. The commission shall consider the list
2 as part of its evaluation of the tentative work program
3 conducted pursuant to s. 20.23.
4 (g) The Florida Transportation Commission shall
5 conduct a statewide public hearing on the tentative work
6 program and shall advertise the time, place, and purpose of
7 the hearing in the Florida Administrative Weekly at least 7
8 days prior to the hearing. As part of the statewide public
9 hearing, the commission shall, at a minimum:
10 1. Conduct an in-depth evaluation of the tentative
11 work program as required in s. 20.23 for compliance with
12 applicable laws and departmental policies; and
13 2. Hear all questions, suggestions, or other comments
14 offered by the public.
15
16 By no later than 14 days after the regular legislative session
17 begins, the commission shall submit to the Executive Office of
18 the Governor and the legislative appropriations committees a
19 report that evaluates the tentative work program for:
20 a. Financial soundness;
21 b. Stability;
22 c. Production capacity;
23 d. Accomplishments, including compliance with program
24 objectives in s. 334.046;
25 e. Compliance with approved local government
26 comprehensive plans;
27 f. Objections and requests by metropolitan planning
28 organizations;
29 g. Policy changes and effects thereof;
30 h. Identification of statewide or regional projects;
31 and
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1 i. Compliance with all other applicable laws.
2 Section 40. Section 339.137, Florida Statutes, is
3 amended to read:
4 339.137 Transportation Outreach Program (TOP)
5 supporting economic development; administration; definitions;
6 eligible projects; Transportation Outreach Program (TOP)
7 advisory council created; limitations; funding.--
8 (1) There is created within the Department of
9 Transportation, a Transportation Outreach Program (TOP)
10 dedicated to funding transportation projects of a high
11 priority based on the prevailing principles of preserving the
12 existing transportation infrastructure; enhancing Florida's
13 economic growth and competitiveness in national and
14 international markets; promoting intermodal transportation
15 linkages for passengers and freight; and improving travel
16 choices to ensure efficient and cost-competitive mobility for
17 Florida citizens, visitors, services, and goods.
18 (2) For purposes of this section, words and phrases
19 shall have the following meanings:
20 (a) Preservation.--Protecting the state's
21 transportation infrastructure investment. Preservation
22 includes:
23 1. Ensuring that 80 percent of the pavement on the
24 State Highway System meets department standards;
25 2. Ensuring that 90 percent of department-maintained
26 bridges meet department standards; and
27 3. Ensuring that the department achieves 100 percent
28 of acceptable maintenance standards on the State Highway
29 System.
30 (b) Economic growth and competitiveness.--Ensuring
31 that state transportation investments promote economic
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1 activities which result in development or retention of income
2 generative industries which increase per capita earned income
3 in the state, and that such investments improve the state's
4 economic competitiveness.
5 (b)(c) Mobility.--Ensuring a cost-effective,
6 statewide, interconnected transportation system.
7 (c)(d) The term "regionally significant transportation
8 project of critical concern" means a transportation facility
9 improvement project located in one or more counties county
10 which provides significant enhancement of economic development
11 opportunities in that region an adjoining county or counties
12 and which provides improvements to a hurricane evacuation
13 route.
14 (3) Transportation Outreach Program projects may be
15 proposed by any local government, regional organization,
16 economic development board, public or private partnership,
17 metropolitan planning organization, state agency, or other
18 entity engaged in economic development activities.
19 (4)(3) Proposed Eligible projects that meet the
20 minimum eligibility threshold include those for planning,
21 designing, acquiring rights-of-way for, or constructing the
22 following:
23 (a) Major highway improvements to:.
24 1. The Florida Intrastate Highway System.
25 2. Major roads and feeder roads which provide linkages
26 to the Florida Intrastate Highway System major highways.
27 3. Bridges of statewide or regional significance.
28 4. Trade and economic development corridors.
29 5. Access projects for freight and passengers.
30 6. Hurricane evacuation routes.
31 (b) Major public transportation projects:.
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1 1. Seaport projects which improve cargo and passenger
2 movements or connect the seaports to other modes of
3 transportation.
4 2. Aviation projects which increase passenger
5 enplanements and cargo activity or connect airports to other
6 modes of transportation.
7 3. Transit projects which improve mobility on
8 interstate highways, or which improve regional or localized
9 travel, or connect to other modes of transportation.
10 4. Rail projects that facilitate the movement of
11 passengers and cargo, including ancillary pedestrian
12 facilities, or connect rail facilities to other modes of
13 transportation.
14 5. Spaceport Florida Authority projects which improve
15 space transportation capacity and facilities consistent with
16 the provisions of s. 331.360.
17 6. Bicycle and pedestrian facilities that add to or
18 enhance a statewide system of public trails.
19 (c) Highway and bridge projects that facilitate
20 retention and expansion of military installations, or that
21 facilitate reuse and development of any military base
22 designated for closure by the Federal Government.
23
24 Each proposed project must be able to document that it
25 promotes economic growth and competitiveness, as defined in
26 paragraph (2)(a).
27 (5) In addition to the above minimum eligibility
28 requirements, each proposed project must comply with the
29 following eligibility criteria:
30
31
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1 (a) The project or project phase selected can be made
2 production-ready within a 5-year period following the end of
3 the current fiscal year.
4 (b) The project is consistent with a current
5 transportation system plan such as the Florida Intrastate
6 Highway System, aviation, intermodal/rail, seaport, spaceport,
7 or transit system plans.
8 (c) The project is not inconsistent with an approved
9 local comprehensive plan of any local government within whose
10 boundaries the project is located in whole or in part, or, if
11 inconsistent, is accompanied by an explanation of why the
12 project should be undertaken.
13
14 One or more of the minimum criteria listed in paragraphs
15 (a)-(c) may be waived for a regionally significant
16 transportation project.
17 (4) Transportation Outreach projects may be proposed
18 by any local government, regional organization, economic
19 development board, public or private partnership, metropolitan
20 planning organization, state agency, or other entity engaged
21 in economic development activities.
22 (6)(5) The following criteria shall be used
23 Transportation funding under this section shall use the
24 following mechanisms to prioritize the eligible proposed
25 projects:
26 (a) The project must promote economic growth and
27 competitiveness. Economic development-related transportation
28 projects may compete for funding under the program. Projects
29 funded under this program should provide for increased
30 mobility on the state's transportation system. Projects which
31
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1 have local or private matching funds may be given priority
2 over other projects.
3 (b) The project must promote intermodal transportation
4 linkages for passengers and freight. Establishment of a
5 funding allocation under this program reserved to quickly
6 respond to transportation needs of emergent economic
7 competitiveness development projects that may be outside of
8 the routine project selection process. This funding may be
9 used to match local or private contributions for
10 transportation projects which meet the definition of economic
11 competitiveness contained in this section.
12 (c) The project must broaden transportation choices
13 for Florida residents, visitors, and commercial interests in
14 order to ensure efficient and cost-competitive mobility of
15 people, services, and goods. Establish innovative financing
16 methods to enable the state to respond in a timely manner to
17 major or emergent economic development-related transportation
18 needs that require timely commitments. These innovative
19 financing methods include, but are not limited to, the state
20 infrastructure bank, state bonds for right-of-way acquisition
21 and bridge construction, state bonds for fixed guideway
22 transportation systems, state bonds for federal aid highway
23 construction, funds previously programmed by the department
24 for high-speed rail development, and any other local, state,
25 or federal funds made available to the department.
26 (d) Projects that have local, federal, or private
27 matching funds shall be given priority over projects that meet
28 all the other criteria.
29 (7) Eligible projects shall also utilize innovative
30 financing methods that enable the state to respond in a timely
31 manner to major or emergent economic development-related
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1 transportation needs that require timely commitments. These
2 innovative financing methods include, but are not limited to,
3 private investment strategies, use of the state infrastructure
4 bank, state bonds for right-of-way acquisition and bridge
5 construction, state bonds for fixed guideway transportation
6 systems, state bonds for federal aid highway construction,
7 funds previously programmed by the department for high-speed
8 rail development, and any other local, state, or federal funds
9 made available to the department.
10 (6) In addition to complying with the prevailing
11 principles provided in subsection (1), to be eligible for
12 funding under the program, projects must also meet the
13 following minimum criteria:
14 (a) The project or project phase selected can be made
15 production-ready within a 5-year period following the end of
16 the current fiscal year.
17 (b) The project is listed in an outer year of the
18 5-year work program and can be made production-ready and
19 advanced to an earlier year of the 5-year work program.
20 (c) The project is consistent with a current
21 transportation system plan including, but not limited to, the
22 Florida Intrastate Highway System, aviation, intermodal/rail,
23 seaport, spaceport, or transit system plans.
24 (d) The project is not inconsistent with an approved
25 local comprehensive plan of any local government within whose
26 boundaries the project is located in whole or in part or, if
27 inconsistent, is accompanied by an explanation of why the
28 project should be undertaken.
29 (e) One or more of the minimum criteria listed in
30 paragraphs (a)-(d) may be waived for a statewide or regionally
31 significant transportation project of critical concern.
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1 (8)(7) The Transportation Outreach Program (TOP)
2 advisory council is created to annually make recommendations
3 to the Legislature on prioritization and selection of economic
4 growth projects as provided in this section.
5 (a) The council shall consist of:
6 1. Two representatives of private interests who are
7 directly involved in or affected by any mode of transportation
8 or tourism chosen by the Speaker of the House of
9 Representatives.
10 2. Two representatives of private interests who are
11 directly involved in or affected by any mode of transportation
12 or tourism chosen by the President of the Senate.
13 3. Three representatives of private or governmental
14 interests who are directly involved in or affected by any mode
15 of transportation or tourism chosen by the Governor.
16 (b) Terms for council members shall be 2 years, and
17 each member shall be allowed one vote.
18 (c) Initial appointments must be made no later than 60
19 days after this act takes effect. Vacancies in the council
20 shall be filled in the same manner as the initial
21 appointments.
22 (d) The council shall hold its initial meeting no
23 later than 30 days after the members have been appointed in
24 order to organize and select a chair and vice chair from the
25 council membership. Meetings shall be held at the call of the
26 chair, but not less frequently than quarterly.
27 (e) The members of the council shall serve without
28 compensation, but shall be reimbursed for per diem and travel
29 expenses as provided in s. 112.061.
30 (f) The department shall provide administrative staff
31 support, ensuring that council meetings are electronically
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1 recorded. Such recordings and all documents received, prepared
2 for, or used by the council in conducting its business shall
3 be preserved pursuant to chapters 119 and 257. In addition,
4 the department shall provide in its annual budget for travel
5 and per diem expenses for the council.
6 (g) The council shall develop a methodology for
7 scoring and ranking project proposals, based on the
8 prioritization criteria in subsection (6). The council may
9 change a project's ranking based on other factors as
10 determined by the council. However, such other factors must be
11 fully documented in writing by the council.
12 (h) The council is encouraged to seek input from
13 transportation or economic-development entities and to
14 consider the reports and recommendations of task forces, study
15 commissions, or similar entities charged with reviewing issues
16 relevant to the council's mission.
17 (9)(8) Because transportation investment plays a key
18 role in economic development, the council and the department
19 shall actively participate in state and local economic
20 development programs, including:
21 (a) Working in partnership with other state and local
22 agencies in business recruitment, expansion, and retention
23 activities to ensure early transportation input into these
24 activities.
25 (b) Providing expertise and rapid response in
26 analyzing the transportation needs of emergent economic
27 development projects.
28 (c) Developing The council and department must develop
29 a macroeconomic analysis of the linkages between
30 transportation investment and economic performance, as well as
31
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1 a method to quantifiably measure the economic benefits of the
2 investments.
3 (d) Identifying long-term strategic transportation
4 projects that will promote the principles listed in subsection
5 (1).
6 (10)(9) The council shall review and prioritize
7 projects submitted for funding under the program with priority
8 given to projects which comply with the prevailing principles
9 provided in subsection (1), and shall recommend to the
10 Legislature a transportation outreach program. The department
11 shall provide technical expertise and support as requested by
12 the council, and shall develop financial plans, cash forecast
13 plans, and program and resource plans necessary to implement
14 this program. These supporting documents shall be submitted
15 with the Transportation Outreach Program.
16 (11)(a)(10) Projects recommended for funding under the
17 Transportation Outreach Program shall be submitted to the
18 Florida Transportation Commission at least 30 days before the
19 start of the regular legislative session. The Florida
20 Transportation Commission shall review the projects to
21 determine whether they are in compliance with this section and
22 prepare a report detailing its findings.
23 (b) The council shall submit its list of recommended
24 projects to the Governor and the Legislature as a separate
25 budget request submitted at the same time as section of the
26 department's tentative work program, which is 14 days before
27 the start of the regular session. The Florida Transportation
28 Commission shall submit its written report at the same time to
29 the Governor and the Legislature. Final approval of the
30 Transportation Outreach Program project list shall be made by
31 the Legislature through the General Appropriations Act.
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1 Program projects approved by the Legislature must be included
2 in the department's adopted work program.
3 (12)(11) For purposes of funding projects under the
4 Transportation Outreach Program, the department shall allocate
5 from the State Transportation Trust Fund in its program and
6 resource plan a minimum of $60 million each year beginning in
7 fiscal year 2001-2002 for a transportation outreach program.
8 This funding is to be reserved for projects to be funded
9 pursuant to this section under the Transportation Outreach
10 Program. This allocation of funds is in addition to any
11 funding provided to this program by any other provision of
12 law.
13 (13)(12) Notwithstanding any other law to the contrary
14 the requirements of ss. 206.46(3), 206.606(2), 339.135,
15 339.155, and 339.175 shall not apply to the Transportation
16 Outreach Program.
17 (14)(13) The department is authorized to adopt rules
18 to implement the Transportation Outreach Program supporting
19 economic development.
20 Section 41. Subsection (5) of section 341.051, Florida
21 Statutes, is amended to read:
22 341.051 Administration and financing of public transit
23 programs and projects.--
24 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
25 (a) The department may fund up to 50 percent of the
26 nonfederal share of the costs, not to exceed the local share,
27 of any eligible public transit capital project or commuter
28 assistance project that is local in scope; except, however,
29 that departmental participation in the final design,
30 right-of-way acquisition, and construction phases of an
31 individual fixed-guideway project which is not approved for
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1 federal funding shall not exceed an amount equal to 12.5
2 percent of the total cost of each phase.
3 (b) The Department of Transportation shall develop a
4 major capital investment policy which shall include policy
5 criteria and guidelines for the expenditure or commitment of
6 state funds for public transit capital projects. The policy
7 shall include the following:
8 1. Methods to be used to determine consistency of a
9 transit project with the approved local government
10 comprehensive plans of the units of local government in which
11 the project is located.
12 2. Methods for evaluating the level of local
13 commitment to a transit project, which is to be demonstrated
14 through system planning and the development of a feasible plan
15 to fund operating cost through fares, value capture techniques
16 such as joint development and special districts, or other
17 local funding mechanisms.
18 3. Methods for evaluating alternative transit systems
19 including an analysis of technology and alternative methods
20 for providing transit services in the corridor.
21 (b)(c) The department is authorized to fund up to 100
22 percent of the cost of any eligible transit capital project or
23 commuter assistance project that is statewide in scope or
24 involves more than one county where no other governmental
25 entity or appropriate jurisdiction exists.
26 (c)(d) The department is authorized to advance up to
27 80 percent of the capital cost of any eligible project that
28 will assist Florida's transit systems in becoming fiscally
29 self-sufficient. Such advances shall be reimbursed to the
30 department on an appropriate schedule not to exceed 5 years
31 after the date of provision of the advances.
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1 (d)(e) The department is authorized to fund up to 100
2 percent of the capital and net operating costs of statewide
3 transit service development projects or transit corridor
4 projects. All transit service development projects shall be
5 specifically identified by way of a departmental appropriation
6 request, and transit corridor projects shall be identified as
7 part of the planned improvements on each transportation
8 corridor designated by the department. The project
9 objectives, the assigned operational and financial
10 responsibilities, the timeframe required to develop the
11 required service, and the criteria by which the success of the
12 project will be judged shall be documented by the department
13 for each such transit service development project or transit
14 corridor project.
15 (e)(f) The department is authorized to fund up to 50
16 percent of the capital and net operating costs of transit
17 service development projects that are local in scope and that
18 will improve system efficiencies, ridership, or revenues. All
19 such projects shall be identified in the appropriation request
20 of the department through a specific program of projects, as
21 provided for in s. 341.041, that is selectively applied in the
22 following functional areas and is subject to the specified
23 times of duration:
24 1. Improving system operations, including, but not
25 limited to, realigning route structures, increasing system
26 average speed, decreasing deadhead mileage, expanding area
27 coverage, and improving schedule adherence, for a period of up
28 to 3 years;
29 2. Improving system maintenance procedures, including,
30 but not limited to, effective preventive maintenance programs,
31 improved mechanics training programs, decreasing service
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1 repair calls, decreasing parts inventory requirements, and
2 decreasing equipment downtime, for a period of up to 3 years;
3 3. Improving marketing and consumer information
4 programs, including, but not limited to, automated information
5 services, organized advertising and promotion programs, and
6 signing of designated stops, for a period of up to 2 years;
7 and
8 4. Improving technology involved in overall
9 operations, including, but not limited to, transit equipment,
10 fare collection techniques, electronic data processing
11 applications, and bus locators, for a period of up to 2 years.
12
13 For purposes of this section, the term "net operating costs"
14 means all operating costs of a project less any federal funds,
15 fares, or other sources of income to the project.
16 Section 42. Subsection (10) of section 341.302,
17 Florida Statutes, is amended to read:
18 341.302 Rail program, duties and responsibilities of
19 the department.--The department, in conjunction with other
20 governmental units and the private sector, shall develop and
21 implement a rail program of statewide application designed to
22 ensure the proper maintenance, safety, revitalization, and
23 expansion of the rail system to assure its continued and
24 increased availability to respond to statewide mobility needs.
25 Within the resources provided pursuant to chapter 216, and as
26 authorized under Title 49 C.F.R. part 212, the department
27 shall:
28 (10) Administer rail operating and construction
29 programs, which programs shall include the regulation of
30 maximum train operating speeds, the opening and closing of
31 public grade crossings, the construction and rehabilitation of
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1 public grade crossings, and the installation of traffic
2 control devices at public grade crossings, the administering
3 of the programs by the department including participation in
4 the cost of the programs.
5 Section 43. Paragraph (d) of subsection (2) of section
6 348.0003, Florida Statutes, is amended to read:
7 348.0003 Expressway authority; formation;
8 membership.--
9 (2) The governing body of an authority shall consist
10 of not fewer than five nor more than nine voting members. The
11 district secretary of the affected department district shall
12 serve as a nonvoting member of the governing body of each
13 authority located within the district. Each member of the
14 governing body must at all times during his or her term of
15 office be a permanent resident of the county which he or she
16 is appointed to represent.
17 (d) Notwithstanding any provision to the contrary in
18 this subsection, in any county as defined in s. 125.011(1),
19 the governing body of an authority shall consist of up to 13
20 members, and the following provisions of this paragraph shall
21 apply specifically to such authority. Except for the district
22 secretary of the department, the members must be residents of
23 the county. Seven voting members shall be appointed by the
24 governing body of the county. At the discretion of the
25 governing body of the county, up to two of the members
26 appointed by the governing body of the county may be elected
27 officials residing in the county. Five voting members of the
28 authority shall be appointed by the Governor. One member shall
29 be the district secretary of the department serving in the
30 district that contains such county. This member shall be an
31 ex officio voting member of the authority. If the governing
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1 board of an authority includes any member originally appointed
2 by the governing body of the county as a nonvoting member,
3 when the term of such member expires, that member shall be
4 replaced by a member appointed by the Governor until the
5 governing body of the authority is composed of seven members
6 appointed by the governing body of the county and five members
7 appointed by the Governor. The qualifications, the terms of
8 office, and the obligations and rights of members of the
9 authority shall be determined by resolution or ordinance of
10 the governing body of the county in a manner that is
11 consistent with subsections (3) and (4).
12 Section 44. Section 348.0012, Florida Statutes, is
13 amended to read:
14 348.0012 Exemptions from applicability.--The Florida
15 Expressway Authority Act does not apply:
16 (1) To In a county in which an expressway authority
17 which has been created pursuant to parts II-IX of this
18 chapter; or
19 (2) To a transportation authority created pursuant to
20 chapter 349.
21 Section 45. Section 348.565, Florida Statutes, is
22 amended to read:
23 348.565 Revenue bonds for specified projects.--The
24 existing facilities that constitute the Tampa-Hillsborough
25 County Expressway System are hereby approved to be refinanced
26 by the issuance of revenue bonds by the Division of Bond
27 Finance of the State Board of Administration pursuant to s.
28 11(f), Art. VII of the State Constitution. In addition, the
29 following projects of the Tampa-Hillsborough County Expressway
30 Authority are approved to be financed or refinanced by the
31
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1 issuance of revenue bonds pursuant to s. 11(f), Art. VII of
2 the State Constitution:
3 (1) Brandon area feeder roads;
4 (2) Capital improvements to the expressway system,
5 including safety and operational improvements and toll
6 collection equipment; and
7 (3) Lee Roy Selmon Crosstown Expressway System
8 widening; and.
9 (4) The connector highway linking the Lee Roy Selmon
10 Crosstown Expressway to Interstate 4.
11 Section 46. Paragraph (b) of subsection (1) of section
12 348.754, Florida Statutes, is amended to read:
13 348.754 Purposes and powers.--
14 (1)
15 (b) It is the express intention of this part that said
16 authority, in the construction of said Orlando-Orange County
17 Expressway System, shall be authorized to acquire, finance,
18 construct, and equip any extensions, additions, or
19 improvements to said system, or appurtenant facilities,
20 including all necessary approaches, roads, bridges, and
21 avenues of access as the authority shall deem desirable and
22 proper, together with such changes, modifications, or
23 revisions to of said system or appurtenant facilities project
24 as the authority shall deem be deemed desirable and proper.
25 Section 47. Section 348.7543, Florida Statutes, is
26 amended to read:
27 348.7543 Improvements, bond financing authority
28 for.--Pursuant to s. 11(e), Art. VII of the State
29 Constitution, the Legislature hereby approves for bond
30 financing by the Orlando-Orange County Expressway Authority
31 the cost of acquiring, constructing, equipping, improving, or
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1 refurbishing any expressway system, including improvements to
2 toll collection facilities, interchanges, future extensions
3 and additions, necessary approaches, roads, bridges, and
4 avenues of access to the legislatively approved expressway
5 system, and any other facility appurtenant, necessary, or
6 incidental to the approved system, all as deemed desirable and
7 proper by the authority pursuant to s. 348.754(1)(b). Subject
8 to terms and conditions of applicable revenue bond resolutions
9 and covenants, such costs financing may be financed in whole
10 or in part by revenue bonds issued pursuant to s.
11 348.755(1)(a) or (b) whether currently issued, issued in the
12 future, or by a combination of such bonds.
13 Section 48. Section 348.7544, Florida Statutes, is
14 amended to read:
15 348.7544 Northwest Beltway Part A, construction
16 authorized; financing.--Notwithstanding s. 338.2275, the
17 Orlando-Orange County Expressway Authority is hereby
18 authorized to construct, finance, operate, own, and maintain
19 that portion of the Western Beltway known as the Northwest
20 Beltway Part A, extending from Florida's Turnpike near Ocoee
21 north to U.S. 441 near Apopka, as part of the authority's
22 20-year capital projects plan. This project may be financed
23 with any funds available to the authority for such purpose or
24 revenue bonds issued by the Division of Bond Finance of the
25 State Board of Administration on behalf of the authority
26 pursuant to s. 11, Art. VII of the State Constitution and the
27 State Bond Act, ss. 215.57-215.83. This project may be
28 refinanced with bonds issued by the authority pursuant to s.
29 348.755(1)(d).
30 Section 49. Section 348.7545, Florida Statutes, is
31 amended to read:
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1 348.7545 Western Beltway Part C, construction
2 authorized; financing.--Notwithstanding s. 338.2275, the
3 Orlando-Orange County Expressway Authority is authorized to
4 exercise its condemnation powers, construct, finance, operate,
5 own, and maintain that portion of the Western Beltway known as
6 the Western Beltway Part C, extending from Florida's Turnpike
7 near Ocoee in Orange County southerly through Orange and
8 Osceola Counties to an interchange with I-4 near the
9 Osceola-Polk County line, as part of the authority's 20-year
10 capital projects plan. This project may be financed with any
11 funds available to the authority for such purpose or revenue
12 bonds issued by the Division of Bond Finance of the State
13 Board of Administration on behalf of the authority pursuant to
14 s. 11, Art. VII of the State Constitution and the State Bond
15 Act, ss. 215.57-215.83. This project may be refinanced with
16 bonds issued by the authority pursuant to s. 348.755(1)(d).
17 Section 50. Subsection (1) of section 348.755, Florida
18 Statutes, is amended to read:
19 348.755 Bonds of the authority.--
20 (1)(a) Bonds may be issued on behalf of the authority
21 pursuant to the State Bond Act.
22 (b) Alternatively, the authority may issue its own
23 bonds pursuant to the provisions of this part at such times
24 and in such principal amount as, in the opinion of the
25 authority, is necessary to provide sufficient moneys for
26 achieving its purposes; however, such bonds shall not pledge
27 the full faith and credit of the state. Bonds issued by the
28 authority pursuant to paragraphs (a) or (b) The bonds of the
29 authority issued pursuant to the provisions of this part,
30 whether on original issuance or on refunding, shall be
31 authorized by resolution of the members thereof and may be
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1 either term or serial bonds, shall bear such date or dates,
2 mature at such time or times, not exceeding 40 years from
3 their respective dates, bear interest at such rate or rates,
4 payable semiannually, be in such denominations, be in such
5 form, either coupon or fully registered, shall carry such
6 registration, exchangeability and interchangeability
7 privileges, be payable in such medium of payment and at such
8 place or places, be subject to such terms of redemption and be
9 entitled to such priorities on the revenues, rates, fees,
10 rentals or other charges or receipts of the authority
11 including the Orange County gasoline tax funds received by the
12 authority pursuant to the terms of any lease-purchase
13 agreement between the authority and the department, as such
14 resolution or any resolution subsequent thereto may provide.
15 The bonds shall be executed either by manual or facsimile
16 signature by such officers as the authority shall determine,
17 provided that such bonds shall bear at least one signature
18 which is manually executed thereon, and the coupons attached
19 to such bonds shall bear the facsimile signature or signatures
20 of such officer or officers as shall be designated by the
21 authority and shall have the seal of the authority affixed,
22 imprinted, reproduced or lithographed thereon, all as may be
23 prescribed in such resolution or resolutions.
24 (c)(b) Said Bonds issued pursuant to paragraphs (a)
25 and (b) shall be sold at public sale in the same manner
26 provided by the State Bond Act. However, if the authority
27 shall, by official action at a public meeting, determine that
28 a negotiated sale of such the bonds is in the best interest of
29 the authority, the authority may negotiate for sale of the
30 bonds with the underwriter or underwriters designated by the
31 authority and the Division of Bond Finance of the State Board
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1 of Administration with respect to bonds issued pursuant to
2 paragraph (a) or the authority with respect to bonds issued
3 pursuant to paragraph (b). The authoritys determination to
4 negotiate the sale of such bonds may be based in part upon the
5 written advice of its financial advisor. Pending the
6 preparation of definitive bonds, interim certificates may be
7 issued to the purchaser or purchasers of such bonds and may
8 contain such terms and conditions as the authority may
9 determine.
10 (d) The authority may issue bonds pursuant to
11 paragraph (b) to refund any bonds previously issued regardless
12 of whether the bonds being refunded were issued by the
13 authority pursuant to this chapter or on behalf of the
14 authority pursuant to the State Bond Act.
15 Section 51. Section 348.765, Florida Statutes, is
16 amended to read:
17 348.765 This part complete and additional authority.--
18 (1) The powers conferred by this part shall be in
19 addition and supplemental to the existing powers of said board
20 and the department, and this part shall not be construed as
21 repealing any of the provisions, of any other law, general,
22 special or local, but to supersede such other laws in the
23 exercise of the powers provided in this part, and to provide a
24 complete method for the exercise of the powers granted in this
25 part. The extension and improvement of said Orlando-Orange
26 County Expressway System, and the issuance of bonds hereunder
27 to finance all or part of the cost thereof, may be
28 accomplished upon compliance with the provisions of this part
29 without regard to or necessity for compliance with the
30 provisions, limitations, or restrictions contained in any
31 other general, special or local law, including, but not
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1 limited to, s. 215.821, and no approval of any bonds issued
2 under this part by the qualified electors or qualified
3 electors who are freeholders in the state or in said County of
4 Orange, or in said City of Orlando, or in any other political
5 subdivision of the state, shall be required for the issuance
6 of such bonds pursuant to this part.
7 (2) This part shall not be deemed to repeal, rescind,
8 or modify any other law or laws relating to said State Board
9 of Administration, said Department of Transportation, or the
10 Division of Bond Finance of the State Board of Administration,
11 but shall be deemed to and shall supersede such other law or
12 laws as are inconsistent with the provisions of this part,
13 including, but not limited to, s. 215.821.
14 Section 52. Subsections (1) through (6) and subsection
15 (8) of section 373.4137, Florida Statutes, are amended, and
16 subsection (9) is added to said section, to read:
17 373.4137 Mitigation requirements.--
18 (1) The Legislature finds that environmental
19 mitigation for the impact of transportation projects proposed
20 by the Department of Transportation or a transportation
21 authority established pursuant to chapter 348 or chapter 349
22 can be more effectively achieved by regional, long-range
23 mitigation planning rather than on a project-by-project basis.
24 It is the intent of the Legislature that mitigation to offset
25 the adverse effects of these transportation projects be funded
26 by the Department of Transportation and be carried out by the
27 Department of Environmental Protection and the water
28 management districts, including the use of mitigation banks
29 established pursuant to this part.
30 (2) Environmental impact inventories for
31 transportation projects proposed by the Department of
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1 Transportation or a transportation authority established
2 pursuant to chapter 348 or chapter 349 shall be developed as
3 follows:
4 (a) By May 1 of each year, the Department of
5 Transportation or a transportation authority established
6 pursuant to chapter 348 or chapter 349 shall submit to the
7 Department of Environmental Protection and the water
8 management districts a copy of its adopted work program and an
9 inventory of habitats addressed in the rules tentatively,
10 pursuant to this part and s. 404 of the Clean Water Act, 33
11 U.S.C. s. 1344, which may be impacted by its plan of
12 construction for transportation projects in the next 3 years
13 of the tentative work program. The Department of
14 Transportation or a transportation authority established
15 pursuant to chapter 348 or chapter 349 may also include in its
16 inventory the habitat impacts of any future transportation
17 project identified in the tentative work program.
18 (b) The environmental impact inventory shall include a
19 description of these habitat impacts, including their
20 location, acreage, and type; state water quality
21 classification of impacted wetlands and other surface waters;
22 any other state or regional designations for these habitats;
23 and a survey of threatened species, endangered species, and
24 species of special concern affected by the proposed project.
25 (3)(a) To fund the mitigation plan for the projected
26 impacts identified in the inventory described in subsection
27 (2), the Department of Transportation shall identify funds
28 quarterly in an escrow account within the State Transportation
29 Trust Fund for the environmental mitigation phase of projects
30 budgeted by the Department of Transportation for the current
31 fiscal year. The escrow account will be maintained by the
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1 Department of Transportation for the benefit of the Department
2 of Environmental Protection and the water management
3 districts. Any interest earnings from the escrow account
4 shall remain with the Department of Transportation.
5 (b) Each transportation authority established pursuant
6 to chapter 348 or chapter 349 that chooses to participate in
7 this program shall create an escrow account within its
8 financial structure and deposit funds in the account to pay
9 for the environmental mitigation phase of projects budgeted
10 for the current fiscal year. The escrow account will be
11 maintained by the authority for the benefit of the Department
12 of Environmental Protection and the water management
13 districts. Any interest earnings from the escrow account shall
14 remain with the authority.
15 (c) The Department of Environmental Protection or
16 water management districts may request a transfer of funds
17 from an the escrow account no sooner than 30 days prior to the
18 date the funds are needed to pay for activities associated
19 with development or implementation of the approved mitigation
20 plan described in subsection (4) for the current fiscal year,
21 including, but not limited to, design, engineering,
22 production, and staff support. Actual conceptual plan
23 preparation costs incurred before plan approval may be
24 submitted to the Department of Transportation or the
25 appropriate transportation authority and the Department of
26 Environmental Protection by November 1 of each year with the
27 plan. The conceptual plan preparation costs of each water
28 management district will be paid based on the amount approved
29 on the mitigation plan and allocated to the current fiscal
30 year projects identified by the water management district.
31 The amount transferred to the escrow accounts account each
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1 year by the Department of Transportation and participating
2 transportation authorities established pursuant to chapter 348
3 or chapter 349 shall correspond to a cost per acre of $75,000
4 multiplied by the projected acres of impact identified in the
5 inventory described in subsection (2). However, the $75,000
6 cost per acre does not constitute an admission against
7 interest by the state or its subdivisions nor is the cost
8 admissible as evidence of full compensation for any property
9 acquired by eminent domain or through inverse condemnation.
10 Each July 1, the cost per acre shall be adjusted by the
11 percentage change in the average of the Consumer Price Index
12 issued by the United States Department of Labor for the most
13 recent 12-month period ending September 30, compared to the
14 base year average, which is the average for the 12-month
15 period ending September 30, 1996. At the end of each year,
16 the projected acreage of impact shall be reconciled with the
17 acreage of impact of projects as permitted, including permit
18 modifications, pursuant to this part and s. 404 of the Clean
19 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
20 funds shall be adjusted accordingly to reflect the
21 overtransfer or undertransfer of funds from the preceding
22 year. The Department of Transportation and participating
23 transportation authorities established pursuant to chapter 348
24 or chapter 349 are is authorized to transfer such funds from
25 the escrow accounts account to the Department of Environmental
26 Protection and the water management districts to carry out the
27 mitigation programs.
28 (4) Prior to December 1 of each year, each water
29 management district, in consultation with the Department of
30 Environmental Protection, the United States Army Corps of
31 Engineers, the Department of Transportation, transportation
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1 authorities established pursuant to chapter 348 or chapter
2 349, and other appropriate federal, state, and local
3 governments, and other interested parties, including entities
4 operating mitigation banks, shall develop a plan for the
5 primary purpose of complying with the mitigation requirements
6 adopted pursuant to this part and 33 U.S.C. s. 1344. This
7 plan shall also address significant invasive plant problems
8 within wetlands and other surface waters. In developing such
9 plans, the districts shall utilize sound ecosystem management
10 practices to address significant water resource needs and
11 shall focus on activities of the Department of Environmental
12 Protection and the water management districts, such as surface
13 water improvement and management (SWIM) waterbodies and lands
14 identified for potential acquisition for preservation,
15 restoration, and enhancement, to the extent that such
16 activities comply with the mitigation requirements adopted
17 under this part and 33 U.S.C. s. 1344. In determining the
18 activities to be included in such plans, the districts shall
19 also consider the purchase of credits from public or private
20 mitigation banks permitted under s. 373.4136 and associated
21 federal authorization and shall include such purchase as a
22 part of the mitigation plan when such purchase would offset
23 the impact of the transportation project, provide equal
24 benefits to the water resources than other mitigation options
25 being considered, and provide the most cost-effective
26 mitigation option. The mitigation plan shall be preliminarily
27 approved by the water management district governing board and
28 shall be submitted to the secretary of the Department of
29 Environmental Protection for review and final approval. The
30 preliminary approval by the water management district
31 governing board does not constitute a decision that affects
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1 substantial interests as provided by s. 120.569. At least 30
2 days prior to preliminary approval, the water management
3 district shall provide a copy of the draft mitigation plan to
4 any person who has requested a copy.
5 (a) For each transportation project with a funding
6 request for the next fiscal year, the mitigation plan must
7 include a brief explanation of why a mitigation bank was or
8 was not chosen as a mitigation option, including an estimation
9 of identifiable costs of the mitigation bank and nonbank
10 options to the extent practicable.
11 (b) Specific projects may be excluded from the
12 mitigation plan and shall not be subject to this section upon
13 the agreement of the Department of Transportation, a
14 transportation authority if applicable, the Department of
15 Environmental Protection, and the appropriate water management
16 district that the inclusion of such projects would hamper the
17 efficiency or timeliness of the mitigation planning and
18 permitting process, or the Department of Environmental
19 Protection and the water management district are unable to
20 identify mitigation that would offset the impacts of the
21 project.
22 (c) Surface water improvement and management or
23 invasive plant control projects undertaken using the $12
24 million advance transferred from the Department of
25 Transportation to the Department of Environmental Protection
26 in fiscal year 1996-1997 which meet the requirements for
27 mitigation under this part and 33 U.S.C. s. 1344 shall remain
28 available for mitigation until the $12 million is fully
29 credited up to and including fiscal year 2004-2005. When these
30 projects are used as mitigation, the $12 million advance shall
31 be reduced by $75,000 per acre of impact mitigated. For any
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1 fiscal year through and including fiscal year 2004-2005, to
2 the extent the cost of developing and implementing the
3 mitigation plans is less than the amount transferred pursuant
4 to subsection (3), the difference shall be credited towards
5 the $12 million advance. Except as provided in this paragraph,
6 any funds not directed to implement the mitigation plan
7 should, to the greatest extent possible, be directed to fund
8 invasive plant control within wetlands and other surface
9 waters.
10 (5) The water management district shall be responsible
11 for ensuring that mitigation requirements pursuant to 33
12 U.S.C. s. 1344 are met for the impacts identified in the
13 inventory described in subsection (2), by implementation of
14 the approved plan described in subsection (4) to the extent
15 funding is provided by the Department of Transportation, or a
16 transportation authority established pursuant to chapter 348
17 or chapter 349 if applicable. During the federal permitting
18 process, the water management district may deviate from the
19 approved mitigation plan in order to comply with federal
20 permitting requirements.
21 (6) The mitigation plans plan shall be updated
22 annually to reflect the most current Department of
23 Transportation work program and project list of a
24 transportation authority established pursuant to chapter 348
25 or chapter 349 if applicable and may be amended throughout the
26 year to anticipate schedule changes or additional projects
27 which may arise. Each update and amendment of the mitigation
28 plan shall be submitted to the secretary of the Department of
29 Environmental Protection for approval. However, such approval
30 shall not be applicable to a deviation as described in
31 subsection (5).
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1 (8) This section shall not be construed to eliminate
2 the need for the Department of Transportation or a
3 transportation authority established pursuant to chapter 348
4 or chapter 349 to comply with the requirement to implement
5 practicable design modifications, including realignment of
6 transportation projects, to reduce or eliminate the impacts of
7 its transportation projects on wetlands and other surface
8 waters as required by rules adopted pursuant to this part, or
9 to diminish the authority under this part to regulate other
10 impacts, including water quantity or water quality impacts, or
11 impacts regulated under this part that are not identified in
12 the inventory described in subsection (2).
13 (9) The process for environmental mitigation for the
14 impact of transportation projects under this section shall be
15 available to an expressway, bridge, or transportation
16 authority established under chapters 348 and 349. Use of this
17 process may be initiated by an authority depositing the
18 requisite funds into an escrow account set up by the authority
19 and filing an environmental impact inventory with the
20 appropriate water management district. An authority that
21 initiates the environmental mitigation process established by
22 this section shall comply with subsection (6) by timely
23 providing the appropriate water management district and the
24 Department of Environmental Protection with the requisite work
25 program information. A water management district may draw down
26 funds from the escrow account as provided in this section.
27 Section 53. Paragraphs (b) and (e) of subsection (19)
28 of section 380.06, Florida Statutes, are amended, and
29 paragraphs (i) and (j) are added to subsection (24) of said
30 section, to read:
31 380.06 Developments of regional impact.--
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1 (19) SUBSTANTIAL DEVIATIONS.--
2 (b) Any proposed change to a previously approved
3 development of regional impact or development order condition
4 which, either individually or cumulatively with other changes,
5 exceeds any of the following criteria shall constitute a
6 substantial deviation and shall cause the development to be
7 subject to further development-of-regional-impact review
8 without the necessity for a finding of same by the local
9 government:
10 1. An increase in the number of parking spaces at an
11 attraction or recreational facility by 5 percent or 300
12 spaces, whichever is greater, or an increase in the number of
13 spectators that may be accommodated at such a facility by 5
14 percent or 1,000 spectators, whichever is greater. 3. An
15 increase in the number of hospital beds by 5 percent or 60
16 beds, whichever is greater.
17 2. A new runway, a new terminal facility, a 25-percent
18 lengthening of an existing runway, or a 25-percent increase in
19 the number of gates of an existing terminal, but only if the
20 increase adds at least three additional gates. However, if an
21 airport is located in two counties, a 10-percent lengthening
22 of an existing runway or a 20-percent increase in the number
23 of gates of an existing terminal is the applicable criteria.
24 3. An increase in the number of hospital beds by 5
25 percent or 60 beds, whichever is greater.
26 4. An increase in industrial development area by 5
27 percent or 32 acres, whichever is greater.
28 5. An increase in the average annual acreage mined by
29 5 percent or 10 acres, whichever is greater, or an increase in
30 the average daily water consumption by a mining operation by 5
31 percent or 300,000 gallons, whichever is greater. An increase
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1 in the size of the mine by 5 percent or 750 acres, whichever
2 is less.
3 6. An increase in land area for office development by
4 5 percent or 6 acres, whichever is greater, or an increase of
5 gross floor area of office development by 5 percent or 60,000
6 gross square feet, whichever is greater.
7 7. An increase in the storage capacity for chemical or
8 petroleum storage facilities by 5 percent, 20,000 barrels, or
9 7 million pounds, whichever is greater.
10 7.8. An increase of development at a waterport of wet
11 storage for 20 watercraft, dry storage for 30 watercraft, or
12 wet/dry storage for 60 watercraft in an area identified in the
13 state marina siting plan as an appropriate site for additional
14 waterport development or a 5-percent increase in watercraft
15 storage capacity, whichever is greater.
16 8.9. An increase in the number of dwelling units by 5
17 percent or 50 dwelling units, whichever is greater.
18 9.10. An increase in commercial development by 6 acres
19 of land area or by 50,000 square feet of gross floor area, or
20 of parking spaces provided for customers for 300 cars or a
21 5-percent increase of any of these, whichever is greater.
22 10.11. An increase in hotel or motel facility units by
23 5 percent or 75 units, whichever is greater.
24 11.12. An increase in a recreational vehicle park area
25 by 5 percent or 100 vehicle spaces, whichever is less.
26 12.13. A decrease in the area set aside for open space
27 of 5 percent or 20 acres, whichever is less.
28 13.14. A proposed increase to an approved multiuse
29 development of regional impact where the sum of the increases
30 of each land use as a percentage of the applicable substantial
31 deviation criteria is equal to or exceeds 100 percent. The
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1 percentage of any decrease in the amount of open space shall
2 be treated as an increase for purposes of determining when 100
3 percent has been reached or exceeded.
4 14.15. A 15-percent increase in the number of external
5 vehicle trips generated by the development above that which
6 was projected during the original
7 development-of-regional-impact review.
8 15.16. Any change which would result in development of
9 any area which was specifically set aside in the application
10 for development approval or in the development order for
11 preservation or special protection of endangered or threatened
12 plants or animals designated as endangered, threatened, or
13 species of special concern and their habitat, primary dunes,
14 or archaeological and historical sites designated as
15 significant by the Division of Historical Resources of the
16 Department of State. The further refinement of such areas by
17 survey shall be considered under sub-subparagraph (e)5.b.
18
19 The substantial deviation numerical standards in subparagraphs
20 4., 6., 9.10., 13.14., excluding residential uses, and 14.15.,
21 are increased by 100 percent for a project certified under s.
22 403.973 which creates jobs and meets criteria established by
23 the Office of Tourism, Trade, and Economic Development as to
24 its impact on an area's economy, employment, and prevailing
25 wage and skill levels. The substantial deviation numerical
26 standards in subparagraphs 4., 6., 8.9., 9.10., 10.11., and
27 13.14. are increased by 50 percent for a project located
28 wholly within an urban infill and redevelopment area
29 designated on the applicable adopted local comprehensive plan
30 future land use map and not located within the coastal high
31 hazard area.
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1 (e)1. A proposed change which, either individually or,
2 if there were previous changes, cumulatively with those
3 changes, is equal to or exceeds 40 percent of any numerical
4 criterion in subparagraphs (b)1.-14.1.-15., but which does not
5 exceed such criterion, shall be presumed not to create a
6 substantial deviation subject to further
7 development-of-regional-impact review. The presumption may be
8 rebutted by clear and convincing evidence at the public
9 hearing held by the local government pursuant to subparagraph
10 (f)5.
11 2. Except for a development order rendered pursuant to
12 subsection (22) or subsection (25), a proposed change to a
13 development order that individually or cumulatively with any
14 previous change is less than 40 percent of any numerical
15 criterion contained in subparagraphs (b)1.-14.1.-15. and does
16 not exceed any other criterion, or that involves an extension
17 of the buildout date of a development, or any phase thereof,
18 of less than 5 years is not subject to the public hearing
19 requirements of subparagraph (f)3., and is not subject to a
20 determination pursuant to subparagraph (f)5. Notice of the
21 proposed change shall be made to the regional planning council
22 and the state land planning agency. Such notice shall include
23 a description of previous individual changes made to the
24 development, including changes previously approved by the
25 local government, and shall include appropriate amendments to
26 the development order. The following changes, individually or
27 cumulatively with any previous changes, are not substantial
28 deviations:
29 a. Changes in the name of the project, developer,
30 owner, or monitoring official.
31
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1 b. Changes to a setback that do not affect noise
2 buffers, environmental protection or mitigation areas, or
3 archaeological or historical resources.
4 c. Changes to minimum lot sizes.
5 d. Changes in the configuration of internal roads that
6 do not affect external access points.
7 e. Changes to the building design or orientation that
8 stay approximately within the approved area designated for
9 such building and parking lot, and which do not affect
10 historical buildings designated as significant by the Division
11 of Historical Resources of the Department of State.
12 f. Changes to increase the acreage in the development,
13 provided that no development is proposed on the acreage to be
14 added.
15 g. Changes to eliminate an approved land use, provided
16 that there are no additional regional impacts.
17 h. Changes required to conform to permits approved by
18 any federal, state, or regional permitting agency, provided
19 that these changes do not create additional regional impacts.
20 i. Any other change which the state land planning
21 agency agrees in writing is similar in nature, impact, or
22 character to the changes enumerated in sub-subparagraphs a.-h.
23 and which does not create the likelihood of any additional
24 regional impact.
25
26 This subsection does not require a development order amendment
27 for any change listed in sub-subparagraphs a.-i. unless such
28 issue is addressed either in the existing development order or
29 in the application for development approval, but, in the case
30 of the application, only if, and in the manner in which, the
31 application is incorporated in the development order.
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1 3. Except for the change authorized by
2 sub-subparagraph 2.f., any addition of land not previously
3 reviewed or any change not specified in paragraph (b) or
4 paragraph (c) shall be presumed to create a substantial
5 deviation. This presumption may be rebutted by clear and
6 convincing evidence.
7 4. Any submittal of a proposed change to a previously
8 approved development shall include a description of individual
9 changes previously made to the development, including changes
10 previously approved by the local government. The local
11 government shall consider the previous and current proposed
12 changes in deciding whether such changes cumulatively
13 constitute a substantial deviation requiring further
14 development-of-regional-impact review.
15 5. The following changes to an approved development of
16 regional impact shall be presumed to create a substantial
17 deviation. Such presumption may be rebutted by clear and
18 convincing evidence.
19 a. A change proposed for 15 percent or more of the
20 acreage to a land use not previously approved in the
21 development order. Changes of less than 15 percent shall be
22 presumed not to create a substantial deviation.
23 b. Except for the types of uses listed in subparagraph
24 (b)15.16., any change which would result in the development of
25 any area which was specifically set aside in the application
26 for development approval or in the development order for
27 preservation, buffers, or special protection, including
28 habitat for plant and animal species, archaeological and
29 historical sites, dunes, and other special areas.
30 c. Notwithstanding any provision of paragraph (b) to
31 the contrary, a proposed change consisting of simultaneous
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1 increases and decreases of at least two of the uses within an
2 authorized multiuse development of regional impact which was
3 originally approved with three or more uses specified in s.
4 380.0651(3)(b)(c), (c)(d), (e)(f), and (f)(g) and residential
5 use.
6 (24) STATUTORY EXEMPTIONS.--
7 (i) Any proposed facility for the storage of any
8 petroleum product is exempt from the provisions of this
9 section, if such facility is consistent with a local
10 comprehensive plan that is in compliance with s. 163.3177 or
11 is consistent with a comprehensive port master plan that is in
12 compliance with s. 163.3178.
13 (j) Any development or expansion of an airport
14 consistent with the adopted airport master plan that has been
15 incorporated into the local comprehensive plan under section
16 163.3177(6)(k), and airport-related or aviation-related
17 development that has been addressed in the comprehensive plan
18 amendment that incorporates the airport master plan, is exempt
19 from the provisions of this section.
20 Section 54. Subsection (3) of section 380.0651,
21 Florida Statutes, is amended to read:
22 380.0651 Statewide guidelines and standards.--
23 (3) The following statewide guidelines and standards
24 shall be applied in the manner described in s. 380.06(2) to
25 determine whether the following developments shall be required
26 to undergo development-of-regional-impact review:
27 (a) Airports.--
28 1. Any of the following airport construction projects
29 shall be a development of regional impact:
30 a. A new commercial service or general aviation
31 airport with paved runways.
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1 b. A new commercial service or general aviation paved
2 runway.
3 c. A new passenger terminal facility.
4 2. Lengthening of an existing runway by 25 percent or
5 an increase in the number of gates by 25 percent or three
6 gates, whichever is greater, on a commercial service airport
7 or a general aviation airport with regularly scheduled flights
8 is a development of regional impact. However, expansion of
9 existing terminal facilities at a nonhub or small hub
10 commercial service airport shall not be a development of
11 regional impact.
12 3. Any airport development project which is proposed
13 for safety, repair, or maintenance reasons alone and would not
14 have the potential to increase or change existing types of
15 aircraft activity is not a development of regional impact.
16 Notwithstanding subparagraphs 1. and 2., renovation,
17 modernization, or replacement of airport airside or terminal
18 facilities that may include increases in square footage of
19 such facilities but does not increase the number of gates or
20 change the existing types of aircraft activity is not a
21 development of regional impact.
22 (b) Attractions and recreation facilities.--Any
23 sports, entertainment, amusement, or recreation facility,
24 including, but not limited to, a sports arena, stadium,
25 racetrack, tourist attraction, amusement park, or pari-mutuel
26 facility, the construction or expansion of which:
27 1. For single performance facilities:
28 a. Provides parking spaces for more than 2,500 cars;
29 or
30 b. Provides more than 10,000 permanent seats for
31 spectators.
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1 2. For serial performance facilities:
2 a. Provides parking spaces for more than 1,000 cars;
3 or
4 b. Provides more than 4,000 permanent seats for
5 spectators.
6
7 For purposes of this subsection, "serial performance
8 facilities" means those using their parking areas or permanent
9 seating more than one time per day on a regular or continuous
10 basis.
11 3. For multiscreen movie theaters of at least 8
12 screens and 2,500 seats:
13 a. Provides parking spaces for more than 1,500 cars;
14 or
15 b. Provides more than 6,000 permanent seats for
16 spectators.
17 (b)(c) Industrial plants, industrial parks, and
18 distribution, warehousing or wholesaling facilities.--Any
19 proposed industrial, manufacturing, or processing plant, or
20 distribution, warehousing, or wholesaling facility, excluding
21 wholesaling developments which deal primarily with the general
22 public onsite, under common ownership, or any proposed
23 industrial, manufacturing, or processing activity or
24 distribution, warehousing, or wholesaling activity, excluding
25 wholesaling activities which deal primarily with the general
26 public onsite, which:
27 1. Provides parking for more than 2,500 motor
28 vehicles, excluding those vehicles which may be included in
29 wholesaling facilities' inventory; or
30 2. Occupies a site greater than 320 acres, or for
31 motor vehicle wholesaling facilities that conduct wholesaling
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1 sales activity no more frequently than an average each year of
2 3 days per week, occupies a site greater than 500 acres.
3 (c)(d) Office development.--Any proposed office
4 building or park operated under common ownership, development
5 plan, or management that:
6 1. Encompasses 300,000 or more square feet of gross
7 floor area; or
8 2. Has a total site size of 30 or more acres; or
9 3. Encompasses more than 600,000 square feet of gross
10 floor area in a county with a population greater than 500,000
11 and only in a geographic area specifically designated as
12 highly suitable for increased threshold intensity in the
13 approved local comprehensive plan and in the strategic
14 regional policy plan.
15 (d)(e) Port facilities.--The proposed construction of
16 any waterport or marina is required to undergo
17 development-of-regional-impact review, except one designed
18 for:
19 1.a. The wet storage or mooring of fewer than 150
20 watercraft used exclusively for sport, pleasure, or commercial
21 fishing, or
22 b. The dry storage of fewer than 200 watercraft used
23 exclusively for sport, pleasure, or commercial fishing, or
24 c. The wet or dry storage or mooring of fewer than 150
25 watercraft on or adjacent to an inland freshwater lake except
26 Lake Okeechobee or any lake which has been designated an
27 Outstanding Florida Water, or
28 d. The wet or dry storage or mooring of fewer than 50
29 watercraft of 40 feet in length or less of any type or
30 purpose. The exceptions to this paragraph's requirements for
31 development-of-regional-impact review shall not apply to any
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1 waterport or marina facility located within or which serves
2 physical development located within a coastal barrier resource
3 unit on an unbridged barrier island designated pursuant to 16
4 U.S.C. s. 3501.
5
6 In addition to the foregoing, for projects for which no
7 environmental resource permit or sovereign submerged land
8 lease is required, the Department of Environmental Protection
9 must determine in writing that a proposed marina in excess of
10 10 slips or storage spaces or a combination of the two is
11 located so that it will not adversely impact Outstanding
12 Florida Waters or Class II waters and will not contribute boat
13 traffic in a manner that will have an adverse impact on an
14 area known to be, or likely to be, frequented by manatees. If
15 the Department of Environmental Protection fails to issue its
16 determination within 45 days of receipt of a formal written
17 request, it has waived its authority to make such
18 determination. The Department of Environmental Protection
19 determination shall constitute final agency action pursuant to
20 chapter 120.
21 2. The dry storage of fewer than 300 watercraft used
22 exclusively for sport, pleasure, or commercial fishing at a
23 marina constructed and in operation prior to July 1, 1985.
24 3. Any proposed marina development with both wet and
25 dry mooring or storage used exclusively for sport, pleasure,
26 or commercial fishing, where the sum of percentages of the
27 applicable wet and dry mooring or storage thresholds equals
28 100 percent. This threshold is in addition to, and does not
29 preclude, a development from being required to undergo
30 development-of-regional-impact review under sub-subparagraphs
31 1.a. and b. and subparagraph 2.
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1 (e)(f) Retail and service development.--Any proposed
2 retail, service, or wholesale business establishment or group
3 of establishments which deals primarily with the general
4 public onsite, operated under one common property ownership,
5 development plan, or management that:
6 1. Encompasses more than 400,000 square feet of gross
7 area;
8 2. Occupies more than 40 acres of land; or
9 3. Provides parking spaces for more than 2,500 cars.
10 (f)(g) Hotel or motel development.--
11 1. Any proposed hotel or motel development that is
12 planned to create or accommodate 350 or more units; or
13 2. Any proposed hotel or motel development that is
14 planned to create or accommodate 750 or more units, in a
15 county with a population greater than 500,000, and only in a
16 geographic area specifically designated as highly suitable for
17 increased threshold intensity in the approved local
18 comprehensive plan and in the strategic regional policy plan.
19 (g)(h) Recreational vehicle development.--Any proposed
20 recreational vehicle development planned to create or
21 accommodate 500 or more spaces.
22 (h)(i) Multiuse development.--Any proposed development
23 with two or more land uses where the sum of the percentages of
24 the appropriate thresholds identified in chapter 28-24,
25 Florida Administrative Code, or this section for each land use
26 in the development is equal to or greater than 145 percent.
27 Any proposed development with three or more land uses, one of
28 which is residential and contains at least 100 dwelling units
29 or 15 percent of the applicable residential threshold,
30 whichever is greater, where the sum of the percentages of the
31 appropriate thresholds identified in chapter 28-24, Florida
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1 Administrative Code, or this section for each land use in the
2 development is equal to or greater than 160 percent. This
3 threshold is in addition to, and does not preclude, a
4 development from being required to undergo
5 development-of-regional-impact review under any other
6 threshold.
7 (i) (j) Residential development.--No rule may be
8 adopted concerning residential developments which treats a
9 residential development in one county as being located in a
10 less populated adjacent county unless more than 25 percent of
11 the development is located within 2 or less miles of the less
12 populated adjacent county.
13 (j)(k) Schools.--
14 1. The proposed construction of any public, private,
15 or proprietary postsecondary educational campus which provides
16 for a design population of more than 5,000 full-time
17 equivalent students, or the proposed physical expansion of any
18 public, private, or proprietary postsecondary educational
19 campus having such a design population that would increase the
20 population by at least 20 percent of the design population.
21 2. As used in this paragraph, "full-time equivalent
22 student" means enrollment for 15 or more quarter hours during
23 a single academic semester. In area vocational schools or
24 other institutions which do not employ semester hours or
25 quarter hours in accounting for student participation,
26 enrollment for 18 contact hours shall be considered equivalent
27 to one quarter hour, and enrollment for 27 contact hours shall
28 be considered equivalent to one semester hour.
29 3. This paragraph does not apply to institutions which
30 are the subject of a campus master plan adopted by the Board
31 of Regents pursuant to s. 240.155.
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1 Section 55. Paragraph (a) of subsection (12) of
2 section 163.3180, Florida Statutes, is amended to read:
3 163.3180 Concurrency.--
4 (12) When authorized by a local comprehensive plan, a
5 multiuse development of regional impact may satisfy the
6 transportation concurrency requirements of the local
7 comprehensive plan, the local government's concurrency
8 management system, and s. 380.06 by payment of a
9 proportionate-share contribution for local and regionally
10 significant traffic impacts, if:
11 (a) The development of regional impact meets or
12 exceeds the guidelines and standards of s. 380.0651(3)(h)(i)
13 and rule 28-24.032(2), Florida Administrative Code, and
14 includes a residential component that contains at least 100
15 residential dwelling units or 15 percent of the applicable
16 residential guideline and standard, whichever is greater;
17
18 The proportionate-share contribution may be applied to any
19 transportation facility to satisfy the provisions of this
20 subsection and the local comprehensive plan, but, for the
21 purposes of this subsection, the amount of the
22 proportionate-share contribution shall be calculated based
23 upon the cumulative number of trips from the proposed
24 development expected to reach roadways during the peak hour
25 from the complete buildout of a stage or phase being approved,
26 divided by the change in the peak hour maximum service volume
27 of roadways resulting from construction of an improvement
28 necessary to maintain the adopted level of service, multiplied
29 by the construction cost, at the time of developer payment, of
30 the improvement necessary to maintain the adopted level of
31
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1 service. For purposes of this subsection, "construction cost"
2 includes all associated costs of the improvement.
3 Section 56. Subsection (20) of section 331.303,
4 Florida Statutes, is amended to read:
5 331.303 Definitions.--
6 (20) "Spaceport launch facilities" shall be defined as
7 industrial facilities in accordance with s. 380.0651(3)(b)(c)
8 and include any launch pad, launch control center, and fixed
9 launch-support equipment.
10 Section 57. Section 331.308, Florida Statutes, is
11 amended to read:
12 331.308 Board of supervisors.--
13 (1) There is created within the Spaceport Florida
14 Authority a board of supervisors consisting of
15 (a) The Lieutenant Governor, serving as the chair;
16 (b) Six seven regular members, who shall be appointed
17 by the Governor;, and
18 (c) Two ex officio nonvoting members who are members
19 of the Legislature, one of whom shall be a state senator
20 selected by the President of the Senate and one of whom shall
21 be a state representative selected by the Speaker of the House
22 of Representatives; and
23 (d) The director of the Office of Tourism, Trade, and
24 Economic Development as an ex officio nonvoting member.
25
26 Regular members are, all of whom shall be subject to
27 confirmation by the Senate at the next regular session of the
28 Legislature, and. each of them the regular board members must
29 be a resident of the state and must have experience in the
30 aerospace or commercial space industry or in finance or have
31 other significant relevant experience. One regular member
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1 shall represent organized labor interests and one regular
2 member shall represent minority interests.
3 (2) Each regular member shall serve a term of 4 years
4 or until a successor is appointed and qualified. The term of
5 each such member shall be construed to commence on the date of
6 appointment and to terminate on June 30 of the year of the end
7 of the term. Appointment to the board shall not preclude any
8 such member from holding any other private or public position.
9 (3) The ex officio nonvoting legislative members shall
10 serve on the board for 2-year terms.
11 (4) Any vacancy on the board shall be filled for the
12 balance of the unexpired term.
13 (5) The Lieutenant Governor is the state's space
14 policy leader. The Lieutenant Governor may designate a regular
15 member to serve as vice-chair and preside over board meetings
16 in the absence of the chair and may assign proxy voting power
17 to the director of the Office of Tourism, Trade, and Economic
18 Development. Initial appointments shall be made no later than
19 60 days after this act takes effect.
20 (6) The board shall hold its initial meeting no later
21 than 20 days after the members have been appointed. At its
22 initial meeting, or as soon thereafter as is practicable, The
23 board shall appoint an executive director. Meetings shall be
24 held quarterly or more frequently at the call of the chair. A
25 majority of the regular members of the board shall constitute
26 a quorum, and a majority vote of such members present is
27 necessary for any action taken by the board.
28 (7) The Governor may has the authority to remove from
29 the board any regular member in the manner and for cause as
30 defined by the laws of this state and applicable to situations
31 that which may arise before the board. Unless excused by the
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1 chair of the board, a regular member's absence from two or
2 more consecutive board meetings creates a vacancy in the
3 office to which the member was appointed.
4 Section 58. (1) Nothing contained in this act
5 abridges or modifies any vested or other right or any duty or
6 obligation pursuant to any development order or agreement
7 which is applicable to a development of regional impact on the
8 effective date of this act. An airport or petroleum storage
9 facility which has received a development-of-regional-impact
10 development order pursuant to s. 380.06, Florida Statutes
11 2000, but is no longer required to undergo
12 development-of-regional-impact review by operation of this
13 act, shall be governed by the following procedures:
14 (a) The development shall continue to be governed by
15 the development-of-regional-impact development order, and may
16 be completed in reliance upon and pursuant to the development
17 order. The development-of-regional-impact development order
18 may be enforced by the local government as provided by ss.
19 380.06(17) and 380.11, Florida Statutes 2000.
20 (b) If requested by the developer or landowner, the
21 development-of-regional-impact development order may be
22 amended or rescinded by the local government consistent with
23 the local comprehensive plan and land development regulations
24 and pursuant to the local government procedures governing
25 local development orders.
26 (2) An airport or petroleum storage facility with an
27 application for development approval pending on the effective
28 date of this act, or a notification of proposed change pending
29 on the effective date of this act, may elect to continue such
30 review pursuant to s. 380.06, Florida Statutes 2000. At the
31 conclusion of the pending review, including any appeals
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1 pursuant to s. 380.07, Florida Statutes 2000, the resulting
2 development order shall be governed by the provisions of
3 subsection (1).
4 Section 59. If any provision of this act or the
5 application thereof to any person or circumstance is held
6 invalid, the invalidity shall not affect other provisions or
7 applications of the act which can be given effect without the
8 invalid provision or application, and to this end the
9 provisions of this act are declared severable.
10 Section 60. Subsection (2) of section 479.15, Florida
11 Statutes, is amended to read:
12 479.15 Harmony of regulations.--
13 (2) A municipality, county, local zoning authority, or
14 other local governmental entity may not remove, or cause to be
15 removed, any lawfully erected sign along any portion of the
16 interstate or federal-aid primary highway system without first
17 paying just compensation for such removal. A local
18 governmental entity may not cause in any way the alteration of
19 any lawfully erected sign located along any portion of the
20 interstate or federal-aid primary highway system without
21 payment of just compensation if such alteration constitutes a
22 taking under state law. The municipality, county, local zoning
23 authority, or other local government entity promulgating
24 requirements for such alteration must be responsible for
25 payment of just compensation to the sign owner if such
26 alteration constitutes a taking under state law. This
27 subsection applies only to a lawfully erected sign the subject
28 matter of which relates to premises other than the premises on
29 which it is located or to merchandise, services, activities,
30 or entertainment not sold, produced, manufactured, or
31 furnished on the premises on which the sign is located. For
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1 the purposes of this subsection, the term "federal-aid primary
2 highway system" means the federal-aid primary highway system
3 in existence on June 1, 1991, and any highway which was not on
4 such system but which is, or hereafter becomes, a part of the
5 National Highway System. This subsection shall not be
6 interpreted as explicit or implicit legislative recognition
7 that alterations do or do not constitute a taking under state
8 law.
9 Section 61. Section 479.25, Florida Statutes, is
10 created to read:
11 479.25 Application of chapter.--Nothing in this
12 chapter shall prevent a governmental entity from entering into
13 an agreement allowing the height above ground level of a
14 lawfully erected sign to be increased at its permitted
15 location if a noise attenuation barrier, visibility screen, or
16 other highway improvement has been erected in such a way as to
17 screen or block visibility of such a sign; provided, however,
18 that for nonconforming signs located on the federal-aid
19 primary highway system, as such system existed on June 1,
20 1991, and any highway which was not on such system but which
21 is, or hereinafter becomes, a part of the National Highway
22 System, such agreement must be approved by the Federal Highway
23 Administration. Any increase in height permitted under this
24 provision shall only be that which is required to achieve the
25 same degree of visibility from the right-of-way that the sign
26 had prior to the construction of the noise attenuation
27 barrier, visibility screen, or other highway improvement.
28 Section 62. Section 70.20, Florida Statutes, is
29 created to read:
30 70.20 Balancing of interests.--It is a policy of this
31 state to encourage municipalities, counties, and other
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1 governmental entities and sign owners to enter into relocation
2 and reconstruction agreements that allow governmental entities
3 to undertake public projects and accomplish public goals
4 without the expenditure of public funds, while allowing the
5 continued maintenance of private investment in signage as a
6 medium of commercial and noncommercial communication.
7 (1) Municipalities, counties, and all other
8 governmental entities are specifically empowered to enter into
9 relocation and reconstruction agreements on whatever terms are
10 agreeable to the sign owner and the municipality, county, or
11 other governmental entity involved and to provide for
12 relocation and reconstruction of signs by agreement,
13 ordinance, or resolution. As used in this section, a
14 "relocation and reconstruction agreement" means a consensual,
15 contractual agreement between a sign owner and municipality,
16 county, or other governmental entity for either the
17 reconstruction of an existing sign or removal of a sign and
18 the construction of a new sign to substitute for the sign
19 removed.
20 (2) Except as otherwise provided in this section, no
21 municipality, county, or other governmental entity may remove,
22 or cause to be removed, any lawfully erected sign along any
23 portion of the interstate, federal-aid primary or other
24 highway system, or any other road, without first paying just
25 compensation for such removal as determined by agreement
26 between the parties or through eminent domain proceedings.
27 Except as otherwise provided in this section, no municipality,
28 county, or other governmental entity may cause in any way the
29 alteration of any lawfully erected sign located along any
30 portion of the interstate, federal-aid primary or other
31 highway system, or any other road, without first paying just
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1 compensation for such alteration as determined by agreement
2 between the parties or through eminent domain proceedings. The
3 provisions of this act shall not apply to any ordinance, the
4 validity, constitutionality, and enforceability of which the
5 owner has by written agreement waived all right to challenge.
6 (3) In the event that a municipality, county, or other
7 governmental entity shall undertake a public project or public
8 goal requiring alteration or removal of any lawfully erected
9 sign, the municipality, county, or other governmental entity
10 shall notify the owner of the affected sign in writing of the
11 public project or goal and of the intention of the
12 municipality, county, or other governmental entity to seek
13 such removal. Within 30 days after receipt of the notice, the
14 owner of the sign and the municipality, county, or other
15 governmental entity shall attempt to meet for purposes of
16 negotiating and executing a relocation and reconstruction
17 agreement provided for in subsection (1).
18 (4) If the parties fail to enter into a relocation and
19 reconstruction agreement within 120 days after the initial
20 notification by the municipality, county, or other
21 governmental entity, either party may request mandatory
22 nonbinding arbitration to resolve the disagreements among the
23 parties. Each party shall select an arbitrator, and the
24 individuals so selected shall choose a third arbitrator. The
25 three arbitrators shall constitute the panel that shall
26 arbitrate the dispute between the parties and at the
27 conclusion of the proceedings shall present to the parties a
28 proposed relocation and reconstruction agreement that the
29 panel believes equitably balances the rights, interests,
30 obligations, and reasonable expectations of the parties. If
31 the municipality, county, or other governmental entity and the
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1 sign owner accept the proposed relocation and reconstruction
2 agreement, the municipality, county, or other governmental
3 entity and sign owner shall each pay its respective costs of
4 arbitration and shall pay one-half of the costs of the
5 arbitration panel, unless the parties otherwise agree.
6 (5) If the parties do not enter into a relocation and
7 reconstruction agreement, the municipality, county, or other
8 governmental entity may proceed with the public project or
9 purpose and the alteration or removal of the sign only after
10 first paying just compensation for such alteration or removal
11 as determined by agreement between the parties or through
12 eminent domain proceedings.
13 (6) The requirement by a municipality, county, or
14 other governmental entity that a lawfully erected sign be
15 removed or altered as a condition precedent to the issuance or
16 continued effectiveness of a development order constitutes a
17 compelled removal that is prohibited without prior payment of
18 just compensation under subsection (2). This subsection does
19 not apply when the owner of the land on which the sign is
20 located is seeking to have the property redesignated on the
21 future land use map of the applicable comprehensive plan for
22 exclusively single-family residential use.
23 (7) The requirement by a municipality, county, or
24 other governmental entity that a lawfully erected sign be
25 altered or removed from the premises upon which it is located
26 incident to the voluntary acquisition of such property by a
27 municipality, county, or other governmental entity constitutes
28 a compelled removal which is prohibited without payment of
29 just compensation under subsection (2).
30 (8) Nothing in this section shall prevent a
31 municipality, county, or other governmental entity from
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1 acquiring a lawfully erected sign through eminent domain or
2 from prospectively regulating the placement, size, height, or
3 other aspects of new signs within such entity's jurisdiction,
4 including the prohibition of new signs, unless otherwise
5 authorized pursuant to this section. Nothing in this section
6 shall impair any ordinance or provision of any ordinance not
7 inconsistent with this section, nor shall this section create
8 any new rights for any party other than the owner of a sign,
9 the owner of the land upon which it is located, or a
10 municipality, county, or other governmental entity as
11 expressed in this section.
12 (9) This section applies only to a lawfully erected
13 sign the subject matter of which relates to premises other
14 than the premises on which it is located or to merchandise,
15 services, activities, or entertainment not sold, produced,
16 manufactured, or furnished on the premises on which the sign
17 is located.
18 (10) This section does not apply to any actions taken
19 by the Florida Department of Transportation which relate to
20 the operation, maintenance, or expansion of transportation
21 facilities, and this section does not affect existing law
22 regarding eminent domain relating to the Florida Department of
23 Transportation.
24 (11) Nothing in this act shall impair or affect any
25 written agreement existing prior to the effective date of this
26 act, including, but not limited to, any settlement agreements
27 reliant upon the legality or enforceability of local
28 ordinances. The provisions of this act shall not apply to any
29 signs that are required to be removed by a date certain in
30 areas designated by local ordinance as view corridors if the
31 local ordinance creating the view corridors was enacted in
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1 part to effectuate a consensual agreement between the local
2 government and two or more sign owners prior to the effective
3 date of this act, nor shall the provisions of this act apply
4 to any signs that are the subject of an ordinance providing an
5 amortization period, which period has expired, and which
6 ordinance is the subject of judicial proceedings which were
7 commenced on or before January 1, 2001, nor shall this act
8 apply to any municipality with an ordinance that prohibits
9 billboards and has two or fewer billboards located within its
10 current boundaries or its future annexed properties.
11 (12) Subsection (6) hereof does not apply when the
12 development order permits construction of a replacement sign
13 that cannot be erected without the removal of the lawfully
14 erected sign being replaced. Effective upon this section
15 becoming a law, the Office of Program Analysis and
16 Governmental Accountability, in consultation with the property
17 appraisers and the private sector affected parties, shall
18 conduct a study of the value of offsite signs in relation to,
19 and in comparison with, the valuation of other commercial
20 properties for ad valorem tax purposes, including a comparison
21 of tax valuations from other states. OPPAGA shall complete
22 the study by December 31, 2001, and shall report the results
23 of the study to the Legislature.
24 Section 63. Paragraph (b) of subsection (1) of section
25 496.425, Florida Statutes, is amended to read:
26 496.425 Solicitation of funds within public
27 transportation facilities.--
28 (1) As used in this section:
29 (b) "Facility" means any public transportation
30 facility, including, but not limited to, railroad stations,
31 bus stations, ship ports, ferry terminals, or roadside welcome
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1 stations, highway service plazas, airports served by scheduled
2 passenger service, or highway rest stations.
3 Section 64. Section 496.4256, Florida Statutes, is
4 created to read:
5 496.4256 Public transportation facilities not required
6 to grant permit or access.--A governmental entity or authority
7 that owns or operates welcome centers, wayside parks, service
8 plazas, or rest areas on the state highway system as defined
9 in chapter 335 may not be required to issue a permit or grant
10 any person access to such public transportation facilities for
11 the purpose of soliciting funds.
12 Section 65. Section 337.408, Florida Statutes, is
13 amended to read:
14 337.408 Regulation of benches, transit shelters,
15 street light poles, and waste disposal receptacles within
16 rights-of-way.--
17 (1) Benches or transit shelters, including advertising
18 displayed on benches or transit shelters, may be installed
19 within the right-of-way limits of any municipal, county, or
20 state road, except a limited access highway; provided that
21 such benches or transit shelters are for the comfort or
22 convenience of the general public, or at designated stops on
23 official bus routes; and, provided further, that written
24 authorization has been given to a qualified private supplier
25 of such service by the municipal government within whose
26 incorporated limits such benches or transit shelters are
27 installed, or by the county government within whose
28 unincorporated limits such benches or transit shelters are
29 installed. A municipality or county may authorize the
30 installation, with or without public bid, of benches and
31 transit shelters together with advertising displayed thereon,
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1 within the right-of-way limits of such roads. Any contract for
2 the installation of benches or transit shelters or advertising
3 on benches or transit shelters which was entered into before
4 April 8, 1992, without public bidding, is ratified and
5 affirmed. Such benches or transit shelters may not interfere
6 with right-of-way preservation and maintenance. Any bench or
7 transit shelter located on a sidewalk within the right-of-way
8 limits of any road on the State Highway System or the county
9 road system shall be located so as to leave at least 36 inches
10 clearance for pedestrians and persons in wheelchairs. Such
11 clearance shall be measured in a direction perpendicular to
12 the centerline of the road.
13 (2) Waste disposal receptacles the interior collection
14 container volume of which is less than 110 gallons in
15 capacity, including advertising displayed on such waste
16 disposal receptacles, may be installed within the right-of-way
17 limits of any municipal, county, or state road, except a
18 limited access highway; provided that written authorization
19 has been given to a qualified private supplier of such service
20 by the appropriate municipal or county government. A
21 municipality or county may authorize the installation, with or
22 without public bid, of waste disposal receptacles together
23 with advertising displayed thereon within the right-of-way
24 limits of such roads. Such waste disposal receptacles may not
25 interfere with right-of-way preservation and maintenance.
26 (3) The department has the authority to direct the
27 immediate relocation or removal of any bench, transit shelter,
28 or waste disposal receptacle which endangers life or property,
29 except that transit bus benches which have been placed in
30 service prior to April 1, 1992, do not have to comply with
31 bench size and advertising display size requirements which
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1 have been established by the department prior to March 1,
2 1992. Any transit bus bench that was in service prior to
3 April 1, 1992, may be replaced with a bus bench of the same
4 size or smaller, if the bench is damaged or destroyed or
5 otherwise becomes unusable. As of July 1, 2001, the
6 department, municipality, or county may direct the removal of
7 any bench, transit shelter, or waste disposal receptacle, or
8 advertisement thereon, if the department, municipality, or
9 county determines that the bench, transit shelter, or waste
10 disposal receptacle is structurally unsound or in visible
11 disrepair.
12 (4) No bench, transit shelter, or waste disposal
13 receptacle, or advertising thereon, shall be erected or so
14 placed on the right-of-way of any road which conflicts with
15 the requirements of federal law, regulations, or safety
16 standards, thereby causing the state or any political
17 subdivision the loss of federal funds. Competition among
18 persons seeking to provide bench, transit shelter, or waste
19 disposal receptacle services or advertising on such benches,
20 shelters, or receptacles may be regulated, restricted, or
21 denied by the appropriate local government entity consistent
22 with the provisions of this section.
23 (5) Street light poles, including attached public
24 service messages and advertisements, may be located within the
25 right-of-way limits of municipal and county roads in the same
26 manner as benches, transit shelters, and waste receptacles, as
27 provided in this section and in accordance with municipal and
28 county ordinances. Public service messages and advertising may
29 be installed on street light poles on roads on the State
30 Highway System in accordance with height, size, setback,
31 spacing distance, duration of display, safety, traffic
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1 control, and permitting requirements established by
2 administrative rule of the Department of Transportation.
3 Public service messages and advertisements shall be subject to
4 bilateral agreements, where applicable, to be negotiated with
5 the owner of the street light poles which shall consider,
6 among other things, power source rates, design, safety,
7 operational and maintenance concerns and other matters of
8 public importance. For the purposes of this section, "street
9 light poles" does not include electric transmission or
10 distribution poles. The department shall have authority to
11 establish administrative rules to implement this subsection.
12 No advertising on light poles shall be permitted on the
13 Interstate Highway System. No permanent structures carrying
14 advertisements attached to light poles shall be permitted on
15 the National Highway System.
16 (6)(5) Wherever the provisions of this section are
17 inconsistent with other provisions of this chapter or with the
18 provisions of chapter 125, chapter 335, chapter 336, or
19 chapter 479, the provisions of this section shall prevail.
20 Section 66. Subsection (10) of section 768.28, Florida
21 Statutes, is amended to read:
22 768.28 Waiver of sovereign immunity in tort actions;
23 recovery limits; limitation on attorney fees; statute of
24 limitations; exclusions; indemnification; risk management
25 programs.--
26 (10)(a) Health care providers or vendors, or any of
27 their employees or agents, that have contractually agreed to
28 act as agents of the Department of Corrections to provide
29 health care services to inmates of the state correctional
30 system shall be considered agents of the State of Florida,
31 Department of Corrections, for the purposes of this section,
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1 while acting within the scope of and pursuant to guidelines
2 established in said contract or by rule. The contracts shall
3 provide for the indemnification of the state by the agent for
4 any liabilities incurred up to the limits set out in this
5 chapter.
6 (b) This subsection shall not be construed as
7 designating persons providing contracted health care services
8 to inmates as employees or agents of the state for the
9 purposes of chapter 440.
10 (c) For purposes of this section, regional poison
11 control centers created in accordance with s. 395.1027 and
12 coordinated and supervised under the Division of Children's
13 Medical Services Prevention and Intervention of the Department
14 of Health, or any of their employees or agents, shall be
15 considered agents of the State of Florida, Department of
16 Health. Any contracts with poison control centers must
17 provide, to the extent permitted by law, for the
18 indemnification of the state by the agency for any liabilities
19 incurred up to the limits set out in this chapter.
20 (d) For the purposes of this section, operators of
21 rail services and providers of security for rail services, or
22 any of their employees or agents, that have contractually
23 agreed to act as agents of the Tri-County Commuter Rail
24 Authority to operate rail services or provide security for
25 rail services, shall be considered agents of the State of
26 Florida while acting within the scope of and pursuant to
27 guidelines established in said contract or by rule. The
28 contract shall provide for the indemnification of the state by
29 the agent for any liability incurred up to the limits set out
30 in this chapter.
31
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1 Section 67. Section 337.025, Florida Statutes, is
2 amended to read:
3 337.025 Innovative highway projects; department to
4 establish program.--The department is authorized to establish
5 a program for highway projects demonstrating innovative
6 techniques of highway construction, maintenance, and finance
7 which have the intended effect of controlling time and cost
8 increases on construction projects. Such techniques may
9 include, but are not limited to, state-of-the-art technology
10 for pavement, safety, and other aspects of highway
11 construction and maintenance; innovative bidding and financing
12 techniques; accelerated construction procedures; and those
13 techniques that have the potential to reduce project life
14 cycle costs. To the maximum extent practical, the department
15 must use the existing process to award and administer
16 construction and maintenance contracts. When specific
17 innovative techniques are to be used, the department is not
18 required to adhere to those provisions of law that would
19 prevent, preclude, or in any way prohibit the department from
20 using the innovative technique. However, prior to using an
21 innovative technique that is inconsistent with another
22 provision of law, the department must document in writing the
23 need for the exception and identify what benefits the
24 traveling public and the affected community are anticipated to
25 receive. The department may enter into no more than $120
26 million in contracts annually for the purposes authorized by
27 this section. However, the annual cap on contracts provided in
28 this section shall not apply to turnpike enterprise projects
29 nor shall turnpike enterprise projects be counted toward the
30 department's annual cap.
31
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1 Section 68. Paragraph (c) of subsection (3) of section
2 337.11, Florida Statutes, is amended to read:
3 337.11 Contracting authority of department; bids;
4 emergency repairs, supplemental agreements, and change orders;
5 combined design and construction contracts; progress payments;
6 records; requirements of vehicle registration.--
7 (3)
8 (c) No advertisement for bids shall be published and
9 no bid solicitation notice shall be provided until title to
10 all necessary rights-of-way and easements for the construction
11 of the project covered by such advertisement or notice has
12 vested in the state or a local governmental entity, and all
13 railroad crossing and utility agreements have been executed.
14 The turnpike enterprise is exempt from this paragraph for a
15 turnpike enterprise project. Title to all necessary
16 rights-of-way shall be deemed to have been vested in the State
17 of Florida when such title has been dedicated to the public or
18 acquired by prescription.
19 Section 69. Subsection (7) of section 338.165, Florida
20 Statutes, is amended to read:
21 338.165 Continuation of tolls.--
22 (7) This section does not apply to the turnpike system
23 as defined under the Florida Turnpike Enterprise Law.
24 Section 70. Section 338.22, Florida Statutes, is
25 amended to read:
26 338.22 Florida Turnpike Enterprise Law; short
27 title.--Sections 338.22-338.241 may be cited as the "Florida
28 Turnpike Enterprise Law."
29 Section 71. Section 338.221, Florida Statutes, is
30 amended to read:
31
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1 338.221 Definitions of terms used in ss.
2 338.22-338.241.--As used in ss. 338.22-338.241, the following
3 words and terms have the following meanings, unless the
4 context indicates another or different meaning or intent:
5 (1) "Bonds" or "revenue bonds" means notes, bonds,
6 refunding bonds or other evidences of indebtedness or
7 obligations, in either temporary or definitive form, issued by
8 the Division of Bond Finance on behalf of the department and
9 authorized under the provisions of ss. 338.22-338.241 and the
10 State Bond Act.
11 (2) "Cost," as applied to a turnpike project, includes
12 the cost of acquisition of all land, rights-of-way, property,
13 easements, and interests acquired by the department for
14 turnpike project construction; the cost of such construction;
15 the cost of all machinery and equipment, financing charges,
16 fees, and expenses related to the financing; establishment of
17 reserves to secure bonds; interest prior to and during
18 construction and for such period after completion of
19 construction as shall be determined by the department; the
20 cost of traffic estimates and of engineering and legal
21 expenses, plans, specifications, surveys, estimates of cost
22 and revenues; other expenses necessary or incident to
23 determining the feasibility or practicability of acquiring or
24 constructing any such turnpike project; administrative
25 expenses; and such other expenses as may be necessary or
26 incident to the acquisition or construction of a turnpike
27 project, the financing of such acquisition or construction,
28 and the placing of the turnpike project in operation.
29 (3) "Feeder road" means any road no more than 5 miles
30 in length, connecting to the turnpike system which the
31
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1 department determines is necessary to create or facilitate
2 access to a turnpike project.
3 (4) "Owner" includes any person or any governmental
4 entity that has title to, or an interest in, any property,
5 right, easement, or interest authorized to be acquired
6 pursuant to ss. 338.22-338.241.
7 (5) "Revenues" means all tolls, charges, rentals,
8 gifts, grants, moneys, and other funds coming into the
9 possession, or under the control, of the department by virtue
10 of the provisions hereof, except the proceeds from the sale of
11 bonds issued under ss. 338.22-338.241.
12 (6) "Turnpike system" means those limited access toll
13 highways and associated feeder roads and other structures,
14 appurtenances, or rights previously designated, acquired, or
15 constructed pursuant to the Florida Turnpike Enterprise Law
16 and such other additional turnpike projects as may be acquired
17 or constructed as approved by the Legislature.
18 (7) "Turnpike improvement" means any betterment
19 necessary or desirable for the operation of the turnpike
20 system, including, but not limited to, widenings, the addition
21 of interchanges to the existing turnpike system, resurfacings,
22 toll plazas, machinery, and equipment.
23 (8) "Economically feasible" for a proposed turnpike
24 project means that the revenues of the project in combination
25 with those of the existing turnpike system are sufficient to
26 service the debt of the outstanding turnpike bonds to
27 safeguard investors.:
28 (a) For a proposed turnpike project, that, as
29 determined by the department before the issuance of revenue
30 bonds for the project, the estimated net revenues of the
31 proposed turnpike project, excluding feeder roads and turnpike
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1 improvements, will be sufficient to pay at least 50 percent of
2 the debt service on the bonds by the end of the 5th year of
3 operation and to pay at least 100 percent of the debt service
4 on the bonds by the end of the 15th year of operation. In
5 implementing this paragraph, up to 50 percent of the adopted
6 work program costs of the project may be funded from turnpike
7 revenues.
8 (b) For turnpike projects, except for feeder roads and
9 turnpike improvements, financed from revenues of the turnpike
10 system, such project, or such group of projects, originally
11 financed from revenues of the turnpike system, that the
12 project is expected to generate sufficient revenues to
13 amortize project costs within 15 years of opening to traffic.
14
15 This subsection does not prohibit the pledging of revenues
16 from the entire turnpike system to bonds issued to finance or
17 refinance a turnpike project or group of turnpike projects.
18 (9) "Turnpike project" means any extension to or
19 expansion of the existing turnpike system and new limited
20 access toll highways and associated feeder roads and other
21 structures, interchanges, appurtenances, or rights as may be
22 approved in accordance with the Florida Turnpike Enterprise
23 Law.
24 (10) "Statement of environmental feasibility" means a
25 statement by the Department of Environmental Protection of the
26 project's significant environmental impacts.
27 Section 72. Section 338.2215, Florida Statutes, is
28 created to read:
29 338.2215 Florida Turnpike Enterprise; legislative
30 findings, policy, purpose, and intent.--It is the intent of
31 the Legislature that the turnpike enterprise be provided
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1 additional powers and authority in order to maximize the
2 advantages obtainable through fully leveraging the Florida
3 Turnpike System asset. The additional powers and authority
4 will provide the turnpike enterprise with the autonomy and
5 flexibility to enable it to more easily pursue innovations as
6 well as best practices found in the private sector in
7 management, finance, organization, and operations. The
8 additional powers and authority are intended to improve
9 cost-effectiveness and timeliness of project delivery,
10 increase revenues, expand the turnpike system's capital
11 program capability, and improve the quality of service to its
12 patrons, while continuing to protect the turnpike system's
13 bondholders and further preserve, expand, and improve the
14 Florida Turnpike System.
15 Section 73. Section 338.2216, Florida Statutes, is
16 created to read:
17 338.2216 Florida Turnpike Enterprise; powers and
18 authority.--
19 (1)(a) In addition to the powers granted to the
20 department, the Florida Turnpike Enterprise has full authority
21 to exercise all powers granted to it under this chapter.
22 Powers shall include, but are not limited to, the ability to
23 plan, construct, maintain, repair, and operate the Florida
24 Turnpike System.
25 (b) It is the express intention of this part that the
26 Florida Turnpike Enterprise be authorized to plan, develop,
27 own, purchase, lease, or otherwise acquire, demolish,
28 construct, improve, relocate, equip, repair, maintain,
29 operate, and manage the Florida Turnpike System; to expend
30 funds to publicize, advertise, and promote the advantages of
31 using the turnpike system and its facilities; and to
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1 cooperate, coordinate, partner, and contract with other
2 entities, public and private, to accomplish these purposes.
3 (c) The executive director of the turnpike enterprise
4 shall appoint a staff, which shall be exempt from part II of
5 chapter 110. The fiscal functions of the turnpike enterprise,
6 including those arising under chapters 216, 334, and 339,
7 shall be managed by the turnpike enterprise chief financial
8 officer, who shall possess qualifications similar to those of
9 the department comptroller.
10 (2)(a) The department shall have the authority to
11 employ procurement methods available to the Department of
12 Management Services under chapters 255 and 287 and under any
13 rule adopted under such chapters solely for the benefit of the
14 turnpike enterprise. In order to enhance the effective and
15 efficient operation of the turnpike enterprise, the department
16 may adopt rules for procurement procedures alternative to
17 chapters 255, 287, and 337.
18 (3)(a) The turnpike enterprise shall be a single
19 budget entity and shall develop a budget pursuant to chapter
20 216. The turnpike enterprise's budget shall be submitted to
21 the Legislature along with the department's budget.
22 (b) Notwithstanding the provisions of s. 216.301 to
23 the contrary and in accordance with s. 216.351, the Executive
24 Office of the Governor shall, on July 1 of each year, certify
25 forward all unexpended funds appropriated or provided pursuant
26 to this section for the turnpike enterprise. Of the
27 unexpended funds certified forward, any unencumbered amounts
28 shall be carried forward. Such funds carried forward shall
29 not exceed 5 percent of the total operating budget of the
30 turnpike enterprise. Funds carried forward pursuant to this
31 section may be used for any lawful purpose, including, but not
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1 limited to, promotional and market activities, technology, and
2 training. Any certified forward funds remaining undisbursed
3 on December 31 of each year shall be carried forward.
4 (4) The powers conferred upon the turnpike enterprise
5 under ss. 338.22-338.241 shall be in addition and supplemental
6 to the existing powers of the department and the turnpike
7 enterprise, and these powers shall not be construed as
8 repealing any provision of any other law, general or local,
9 but shall supersede such other laws that are inconsistent with
10 the exercise of the powers provided under ss. 338.22-338.241
11 and provide a complete method for the exercise of such powers
12 granted.
13 Section 74. Subsection (4) of section 338.223, Florida
14 Statutes, is amended to read:
15 338.223 Proposed turnpike projects.--
16 (4) The department is authorized, with the approval of
17 the Legislature, to use federal and state transportation funds
18 to lend or pay a portion of the operating, maintenance, and
19 capital costs of turnpike projects. Federal and state
20 transportation funds included in an adopted work program, or
21 the General Appropriations Act, for a turnpike project do not
22 have to be reimbursed to the State Transportation Trust Fund,
23 or used in determining the economic feasibility of the
24 proposed project. For operating and maintenance loans, the
25 maximum net loan amount in any fiscal year shall not exceed
26 1.5 0.5 percent of state transportation tax revenues for that
27 fiscal year.
28 Section 75. Subsection (2) of section 338.227, Florida
29 Statutes, is amended to read:
30 338.227 Turnpike revenue bonds.--
31
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1 (2) The proceeds of the bonds of each issue shall be
2 used solely for the payment of the cost of the turnpike
3 projects for which such bonds shall have been issued, except
4 as provided in the State Bond Act. Such proceeds shall be
5 disbursed and used as provided by ss. 338.22-338.241 and in
6 such manner and under such restrictions, if any, as the
7 Division of Bond Finance may provide in the resolution
8 authorizing the issuance of such bonds or in the trust
9 agreement hereinafter mentioned securing the same. All
10 revenues and bond proceeds from the turnpike system received
11 by the department pursuant to ss. 338.22-338.241, the Florida
12 Turnpike Enterprise Law, shall be used only for the cost of
13 turnpike projects and turnpike improvements and for the
14 administration, operation, maintenance, and financing of the
15 turnpike system. No revenues or bond proceeds from the
16 turnpike system shall be spent for the operation, maintenance,
17 construction, or financing of any project which is not part of
18 the turnpike system.
19 Section 76. Subsection (2) of section 338.2275,
20 Florida Statutes, is amended to read:
21 338.2275 Approved turnpike projects.--
22 (2) The department is authorized to use turnpike
23 revenues, the State Transportation Trust Fund moneys allocated
24 for turnpike projects pursuant to s. 338.001, federal funds,
25 and bond proceeds, and shall use the most cost-efficient
26 combination of such funds, in developing a financial plan for
27 funding turnpike projects. The department must submit a
28 report of the estimated cost for each ongoing turnpike project
29 and for each planned project to the Legislature 14 days before
30 the convening of the regular legislative session. Verification
31 of economic feasibility and statements of environmental
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1 feasibility for individual turnpike projects must be based on
2 the entire project as approved. Statements of environmental
3 feasibility are not required for those projects listed in s.
4 12, chapter 90-136, Laws of Florida, for which the Project
5 Development and Environmental Reports were completed by July
6 1, 1990. All required environmental permits must be obtained
7 before The department may advertise for bids for contracts for
8 the construction of any turnpike project prior to obtaining
9 required environmental permits.
10 Section 77. Section 338.234, Florida Statutes, is
11 amended to read:
12 338.234 Granting concessions or selling along the
13 turnpike system.--
14 (1) The department may enter into contracts or
15 licenses with any person for the sale of grant concessions or
16 sell services or products or business opportunities on along
17 the turnpike system, or the turnpike enterprise may sell
18 services, products, or business opportunities on the turnpike
19 system, which benefit the traveling public or provide
20 additional revenue to the turnpike system. Services, business
21 opportunities, and products authorized to be sold include, but
22 are not limited to, the sale of motor fuel, vehicle towing,
23 and vehicle maintenance services; the sale of food with
24 attendant nonalcoholic beverages; lodging, meeting rooms, and
25 other business services opportunities; advertising and other
26 promotional opportunities, which advertising and promotions
27 must be consistent with the dignity and integrity of the
28 state; the sale of state lottery tickets sold by authorized
29 retailers; games and amusements that the granting of
30 concessions for amusement devices which operate by the
31 application of skill, not including games of chance as defined
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1 in s. 849.16 or other illegal gambling games; the sale of
2 Florida citrus, goods promoting the state, or handmade goods
3 produced within the state; and the granting of concessions for
4 equipment which provides travel information, or tickets,
5 reservations, or other related services; and the granting of
6 concessions which provide banking and other business services.
7 The department may also provide information centers on the
8 plazas for the benefit of the public.
9 (2) The department may provide an opportunity for
10 governmental agencies to hold public events at turnpike plazas
11 which educate the traveling public as to safety, travel, and
12 tourism.
13 Section 78. Subsection (3) of section 338.235, Florida
14 Statutes, is amended to read:
15 338.235 Contracts with department for provision of
16 services on the turnpike system.--
17 (3) The department may enter into contracts or
18 agreements, with or without competitive bidding or
19 procurement, to make available, on a fair, reasonable,
20 nonexclusive, and nondiscriminatory basis, turnpike property
21 and other turnpike structures, for the placement of wireless
22 facilities by any wireless provider of mobile services as
23 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
24 telecommunications company as defined in s. 364.02 when it is
25 determined to be practical and feasible to make such property
26 or structures available. The department may, without adopting
27 a rule, charge a just, reasonable, and nondiscriminatory fee
28 for placement of the facilities, payable annually, based on
29 the fair market value of space used by comparable
30 communications facilities in the state. The department and a
31 wireless provider may negotiate the reduction or elimination
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1 of a fee in consideration of goods or services service
2 provided to the department by the wireless provider. All such
3 fees collected by the department shall be deposited directly
4 into the State Agency Law Enforcement Radio System Trust Fund
5 and may be used to construct, maintain, or support the system.
6 Section 79. Subsection (2) of section 338.239, Florida
7 Statutes, is amended to read:
8 338.239 Traffic control on the turnpike system.--
9 (2) Members of the Florida Highway Patrol are vested
10 with the power, and charged with the duty, to enforce the
11 rules of the department. Approved expenditures Expenses
12 incurred by the Florida Highway Patrol in carrying out its
13 powers and duties under ss. 338.22-338.241 may be treated as a
14 part of the cost of the operation of the turnpike system, and
15 the Department of Highway Safety and Motor Vehicles shall be
16 reimbursed by the turnpike enterprise Department of
17 Transportation for such expenses incurred on the turnpike
18 system mainline, which is that part of the turnpike system
19 extending from the southern terminus in Florida City to the
20 northern terminus in Wildwood including all contiguous
21 sections. Florida Highway Patrol Troop K shall be
22 headquartered with the turnpike enterprise and shall be the
23 official and preferred law enforcement troop for the turnpike
24 system. The Department of Highway Safety and Motor Vehicles
25 may, upon request of the executive director of the turnpike
26 enterprise and approval of the Legislature, increase the
27 number of authorized positions for Troop K, or the executive
28 director of the turnpike enterprise may contract with the
29 Department of Highway Safety and Motor Vehicles for additional
30 troops to patrol the turnpike system.
31
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1 Section 80. Section 338.241, Florida Statutes, is
2 amended to read:
3 338.241 Cash reserve requirement.--The budget for the
4 turnpike system shall be so planned as to provide for a cash
5 reserve at the end of each fiscal year of not less than 5 10
6 percent of the unpaid balance of all turnpike system
7 contractual obligations, excluding bond obligations, to be
8 paid from revenues.
9 Section 81. Section 338.251, Florida Statutes, is
10 amended to read:
11 338.251 Toll Facilities Revolving Trust Fund.--The
12 Toll Facilities Revolving Trust Fund is hereby created for the
13 purpose of encouraging the development and enhancing the
14 financial feasibility of revenue-producing road projects
15 undertaken by local governmental entities in a county or
16 combination of contiguous counties and the turnpike
17 enterprise.
18 (1) The department is authorized to advance funds for
19 preliminary engineering, traffic and revenue studies,
20 environmental impact studies, financial advisory services,
21 engineering design, right-of-way map preparation, other
22 appropriate project-related professional services, and
23 advanced right-of-way acquisition to expressway authorities,
24 the turnpike enterprise, counties, or other local governmental
25 entities that desire to undertake revenue-producing road
26 projects.
27 (2) No funds shall be advanced pursuant to this
28 section unless the following is documented to the department:
29 (a) The proposed facility is consistent with the
30 adopted transportation plan of the appropriate metropolitan
31 planning organization and the Florida Transportation Plan.
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1 (b) A proposed 2-year budget detailing the use of the
2 cash advance and a project schedule consistent with the
3 budget.
4 (3) Prior to receiving any moneys for advance
5 right-of-way acquisition, it shall be shown that such
6 right-of-way will substantially appreciate prior to
7 construction and that savings will result from its advance
8 purchase. Any such request for moneys for advance
9 right-of-way acquisition shall be accompanied by a preliminary
10 engineering study, environmental impact study, traffic and
11 revenue study, and right-of-way maps along with either a
12 negotiated contract for purchase of the right-of-way, such
13 contract to include a clause stating that it is subject to
14 funding by the department or the Legislature, or an appraisal
15 of the subject property for purpose of condemnation
16 proceedings.
17 (4) Each advance pursuant to this section shall
18 require repayment out of the initial bond issue revenue or, at
19 the discretion of the governmental entity or the turnpike
20 enterprise of the facility, repayment shall begin no later
21 than 7 years after the date of the advance, provided repayment
22 shall be completed no later than 12 years after the date of
23 the advance. However, such election shall be made at the time
24 of the initial bond issue, and, if repayment is to be made
25 during the time period referred to above, a schedule of such
26 repayment shall be submitted to the department.
27 (5) No amount in excess of $1.5 million annually shall
28 be advanced to any one governmental entity or the turnpike
29 enterprise pursuant to this section without specific
30 appropriation by the Legislature.
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1 (6) Funds may not be advanced for funding final design
2 costs beyond 60 percent completion until an acceptable plan to
3 finance all project costs, including the reimbursement of
4 outstanding trust fund advances, is approved by the
5 department.
6 (7) The department may advance funds sufficient to
7 defray shortages in toll revenues of facilities receiving
8 funds pursuant to this section for the first 5 years of
9 operation, up to a maximum of $5 million per year, to be
10 reimbursed to this fund within 5 years of the last advance
11 hereunder. Any advance under this provision shall require
12 specific appropriation by the Legislature.
13 (8) No expressway authority, county, or other local
14 governmental entity, or the turnpike enterprise, shall be
15 eligible to receive any advance under this section if the
16 expressway authority, county, or other local governmental
17 entity or the turnpike enterprise has failed to repay any
18 previous advances as required by law or by agreement with the
19 department.
20 (9) Repayment of funds advanced, including advances
21 made prior to January 1, 1994, shall not include interest.
22 However, interest accruing to local governmental entities and
23 the turnpike enterprise from the investment of advances shall
24 be paid to the department.
25 Section 82. Subsection (1) of section 553.80, Florida
26 Statutes, as amended by section 86 of chapter 2000-141, Laws
27 of Florida, is amended to read:
28 553.80 Enforcement.--
29 (1) Except as provided in paragraphs (a)-(f) (a)-(e),
30 each local government and each legally constituted enforcement
31 district with statutory authority shall regulate building
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1 construction and, where authorized in the state agency's
2 enabling legislation, each state agency shall enforce the
3 Florida Building Code required by this part on all public or
4 private buildings, structures, and facilities, unless such
5 responsibility has been delegated to another unit of
6 government pursuant to s. 553.79(9).
7 (a) Construction regulations relating to correctional
8 facilities under the jurisdiction of the Department of
9 Corrections and the Department of Juvenile Justice are to be
10 enforced exclusively by those departments.
11 (b) Construction regulations relating to elevator
12 equipment under the jurisdiction of the Bureau of Elevators of
13 the Department of Business and Professional Regulation shall
14 be enforced exclusively by that department.
15 (c) In addition to the requirements of s. 553.79 and
16 this section, facilities subject to the provisions of chapter
17 395 and part II of chapter 400 shall have facility plans
18 reviewed and construction surveyed by the state agency
19 authorized to do so under the requirements of chapter 395 and
20 part II of chapter 400 and the certification requirements of
21 the Federal Government.
22 (d) Building plans approved pursuant to s. 553.77(6)
23 and state-approved manufactured buildings, including buildings
24 manufactured and assembled offsite and not intended for
25 habitation, such as lawn storage buildings and storage sheds,
26 are exempt from local code enforcing agency plan reviews
27 except for provisions of the code relating to erection,
28 assembly, or construction at the site. Erection, assembly, and
29 construction at the site are subject to local permitting and
30 inspections.
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1 (e) Construction regulations governing public schools,
2 state universities, and community colleges shall be enforced
3 as provided in subsection (6).
4 (f) Construction regulations relating to
5 transportation facilities under the jurisdiction of the
6 turnpike enterprise of the Department of Transportation shall
7 be enforced exclusively by the turnpike enterprise.
8
9 The governing bodies of local governments may provide a
10 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
11 and this section, for the enforcement of the provisions of
12 this part. Such fees shall be used solely for carrying out
13 the local government's responsibilities in enforcing the
14 Florida Building Code. The authority of state enforcing
15 agencies to set fees for enforcement shall be derived from
16 authority existing on July 1, 1998. However, nothing contained
17 in this subsection shall operate to limit such agencies from
18 adjusting their fee schedule in conformance with existing
19 authority.
20 Section 83. (1) This shall be known as the "Dori
21 Slosberg Act of 2001."
22 (2) Notwithstanding the provisions of s. 318.121,
23 Florida Statutes, a board of county commissioners may require,
24 by ordinance, that the clerk of the court collect an
25 additional $3 with each civil traffic penalty, which shall be
26 used to fund driver education programs in public and nonpublic
27 schools. The ordinance shall provide for the board of county
28 commissioners to administer the funds. The funds shall be used
29 for direct educational expenses and shall not be used for
30 administration.
31
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1 Section 84. Small Aircraft Transportation System;
2 legislative intent.--
3 (1) The Legislature recognizes that the State of
4 Florida has an opportunity to participate with the National
5 Aeronautics and Space Administration, the Federal Aviation
6 Administration, the aircraft industry, and various
7 universities as partners to provide Florida with improved
8 transportation access and mobility for all of its communities,
9 rural and urban alike, by participating in NASA's Small
10 Aircraft Transportation System. The Legislature recognizes
11 that state support can be leveraged with current federal and
12 industry resources to provide an infrastructure that utilizes
13 the state's network of 129 public-use airports and provides a
14 transportation system capable of competing with the automobile
15 in both convenience and affordability.
16 (2) The Legislature hereby expresses its commitment,
17 through participation in the Small Aircraft Transportation
18 System, to:
19 (a) Improve travel choices, mobility, and
20 accessibility for the citizens of the state.
21 (b) Enhance economic growth and competitiveness for
22 the rural and remote communities of the state through improved
23 transportation choices.
24 (c) Maintain the state's leadership and proactive role
25 in aviation and aerospace through active involvement in
26 advancing aviation technology infrastructure and capabilities.
27 (d) Take advantage of federal programs that can bring
28 investments in technology, research, and infrastructure
29 capable of enhancing competitiveness and opportunities for
30 industry and workforce development.
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1 (e) Participate in opportunities that can place the
2 state's industries and communities in a first-to-market
3 advantage when developing, implementing, and proving new
4 technologies which have the potential to satisfy requirements
5 for the public good.
6 (f) Participate as partners with the National
7 Aeronautics and Space Administration, the Federal Aviation
8 Administration, the aircraft industry, local governments, and
9 those universities which comprise the Southeast SATSLab
10 Consortium to implement a Small Aircraft Transportation System
11 infrastructure as a statewide network of airports to support
12 the commitments described in paragraphs (a)-(e).
13 Section 85. (1) That portion of I-275 which begins at
14 the Pinellas County end of the Howard Franklin Bridge and,
15 proceeding south, ends at the beginning of the Sunshine Skyway
16 Bridge is designated as the "St. Petersburg Parkway."
17 (2) The Department of Transportation is directed to
18 erect suitable markers designating the "St. Petersburg
19 Parkway" as described in subsection (1).
20 Section 86. George Crady Bridge designation;
21 markers.--
22 (1) The old Nassau Sound Bridge (bridge number 750055)
23 on State Road 105 in Nassau and Duval Counties is hereby
24 redesignated as the "George Crady Bridge."
25 (2) The Department of Transportation is directed to
26 erect suitable markers designating the "George Crady Bridge"
27 as described in subsection (1).
28 Section 87. Doyle Parker Memorial Highway designation;
29 markers.--
30 (1) U.S. Highway 17 from Wauchula to Bowling Green is
31 hereby designated as the "Doyle Parker Memorial Highway."
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1 (2) The Department of Transportation is directed to
2 erect suitable markers designating the "Doyle Parker Memorial
3 Highway" as described in subsection (1).
4 Section 88. Lynn Haven Parkway designation; markers.--
5 (1) That portion of State Road 77 between Baldwin Road
6 and Mowat School Road in the City of Lynn Haven, Bay County,
7 is hereby designated as the "Lynn Haven Parkway."
8 (2) The Department of Transportation is directed to
9 erect suitable markers designating the "Lynn Haven Parkway" as
10 described in subsection (1).
11 Section 89. Bennett C. Russell Florida/Alabama Parkway
12 designation; markers.--
13 (1) State Road 87 from the Florida/Alabama border to
14 U.S. Highway 98 in Santa Rosa County is hereby designated as
15 the "Bennett C. Russell Florida/Alabama Parkway."
16 (2) The Department of Transportation is directed to
17 erect suitable markers designating the "Bennett C. Russell
18 Florida/Alabama Parkway" as described in subsection (1).
19 Section 90. Mamie Langdale Memorial Bridge
20 designation; markers.--
21 (1) The new U.S. Highway 27 bridge in the City of
22 Moore Haven in Glades County is hereby designated as the
23 "Mamie Langdale Memorial Bridge."
24 (2) The Department of Transportation is directed to
25 erect suitable markers designating the "Mamie Langdale
26 Memorial Bridge" as described in subsection (1).
27 Section 91. Martin Luther King, Jr., Memorial Highway
28 designation; markers.--
29 (1) That portion of Highway 41 located in White
30 Springs is hereby designated as the "Martin Luther King, Jr.,
31 Memorial Highway."
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1 (2) The Department of Transportation is directed to
2 erect suitable markers designating the "Martin Luther King,
3 Jr., Memorial Highway" as described in subsection (1).
4 Section 92. Purple Heart Highway designation;
5 markers.--
6 (1) Interstate 75 from the Georgia state line to the
7 city limits of Ocala is hereby designated as the "Purple Heart
8 Highway."
9 (2) The Department of Transportation is directed to
10 erect suitable markers designating the "Purple Heart Highway"
11 as described in subsection (1).
12 Section 93. Jean-Jacques Dessalines Boulevard
13 designation; markers.--
14 (1) State Road 944 on N.W. 54th Street in Miami-Dade
15 County, from the west boundary of State House District 108
16 approaching U.S. 1, is hereby designated as "Jean-Jacques
17 Dessalines Boulevard."
18 (2) The Department of Transportation is directed to
19 erect suitable markers designating the "Jean-Jacques
20 Dessalines Boulevard" as described in subsection (1).
21 Section 94. Florida Highway Patrol Memorial Highway
22 designation; markers.--
23 (1) I-75 from Tampa to the Georgia State Line is
24 hereby designated as the "Florida Highway Patrol Memorial
25 Highway."
26 (2) The Department of Transportation is directed to
27 erect suitable markers designating the "Florida Highway Patrol
28 Memorial Highway" as described in subsection (1).
29 Section 95. Jerome A. Williams Memorial Highway
30 designation; markers.--
31
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1 (1) That portion of U.S. Highway 17 from Crescent City
2 south to the Putnam/Volusia County boundary is hereby
3 designated as the "Jerome A. Williams Memorial Highway."
4 (2) The Department of Transportation is directed to
5 erect suitable markers designating the "Jerome A. Williams
6 Memorial Highway" as described in subsection (1).
7 Section 96. Borinquen Boulevard designation;
8 markers.--
9 (1) That portion of North 36th Street (State Road 25)
10 from Biscayne Boulevard to N.W. 7th Avenue is hereby
11 designated "Borinquen Boulevard" in honor of Miami-Dade
12 County's Puerto Rican community.
13 (2) The Department of Transportation is directed to
14 erect suitable markers designating the "Borinquen Boulevard"
15 as described in subsection (1).
16 Section 97. Korean War Veterans Memorial Highway
17 designation; markers.--
18 (1) Highway 417 in Seminole County is hereby
19 designated as the "Korean War Veterans Memorial Highway."
20 (2) The Department of Transportation is directed to
21 erect suitable markers designating the "Korean War Veterans
22 Memorial Highway" as described in subsection (1).
23 Section 98. Veterans Memorial Highway designation;
24 markers.--
25 (1) That portion of State Road 100, beginning at
26 Highway A1A in Flagler County and continuing east to U.S. 1 in
27 Bunnell, is hereby designated as the "Veterans Memorial
28 Highway."
29 (2) The Department of Transportation is directed to
30 erect suitable markers designating the "Veterans Memorial
31 Highway" as described in subsection (1).
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1 Section 99. Toni Jennings Boulevard designated;
2 Department of Transportation to erect suitable markers.--
3 (1) That portion of Semoran Boulevard in the City of
4 Orlando in Orange County beginning at the Bee Line Expressway
5 (State Road 528) on the South to Curry Ford Road on the North
6 is hereby designated as "Toni Jennings Boulevard."
7 (2) The Department of Transportation is directed to
8 erect suitable markers designating Toni Jennings Boulevard as
9 described in subsection (1).
10 Section 100. Ed Fraser Memorial Highway designation;
11 markers.--
12 (1) State Road 121, from the Georgia-Florida line in
13 Baker County to the city limits of Lake Butler in Union County
14 is hereby designated as the Ed Fraser Memorial Highway.
15 (2) The Department of Transportation is hereby directed
16 to erect suitable markers designating the Ed Fraser Memorial
17 Highway as described in subsection (1).
18 Section 101. Correctional Officers Memorial Highway
19 designated; markers.--
20 (1) That portion of State Road 16 from the
21 northwestern Starke city limits in Bradford County to State
22 Road 121 in Union County is hereby designated as the
23 "Correctional Officers Memorial Highway."
24 (2) The Department of Transportation is directed to
25 erect suitable markers designating the Correctional Officers
26 Memorial Highway as described in subsection (1).
27 Section 102. "Steven Cranman Boulevard" and "Ethel
28 Beckford Boulevard" designated; Department of Transportation
29 to erect suitable markers.--
30 (1) That portion of U.S. 1, between S.W. 136th Street
31 and S.W. 186th Street in Miami-Dade County is hereby
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1 designated as Steven Cranman Boulevard. The Department of
2 Transportation is directed to erect suitable markers
3 designating Steven Cranman Boulevard as described in this
4 subsection.
5 (2) That portion of S.W. 186th Street between U.S. 1
6 and S.W. 107th Avenue in Miami-Dade County is hereby
7 designated as Ethel Beckford Boulevard. The Department of
8 Transportation is directed to erect suitable markers
9 designating Ethel Beckford Boulevard as described in this
10 subsection.
11 Section 103. "Phicol Williams Boulevard" designated;
12 Department of Transportation to erect suitable markers.--
13 (1) That portion of State Road 5 (U.S. 1) between S.W.
14 312th Street and S.W. 328th Street in Miami-Dade County is
15 hereby designated as Phicol Williams Boulevard.
16 (2) The Department of Transportation is directed to
17 erect suitable markers designating Phicol Williams Boulevard
18 as described in subsection (1).
19 Section 104. (1) The portion of New Kings Road (S.R.
20 15) in Duval County between Moncrief Road and Redpoll Avenue
21 is hereby designated as "Johnnie Mae Chappell Memorial
22 Highway."
23 (2) The Department of Transportation is directed to
24 erect suitable markers designating "Johnnie Mae Chappell
25 Memorial Highway as described in subsection (1).
26 Section 105. Section 316.3027 and subsection (3) of
27 section 316.610, Florida Statutes, are repealed.
28 Section 106. Notwithstanding the proviso contained in
29 Specific Appropriation 2022 of the 2001-2002 General
30 Appropriations Act, the Department of Transportation may use
31 funds for arterial highway construction as appropriated in
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1 Specific Appropriation 2022 for all projects including Leon
2 County, whether or not the contingency provided in that
3 specific appropriation is met.
4 Section 107. Subsection (21) of section 316.003,
5 Florida Statutes, is amended and subsection (82) is added to
6 that section to read:
7 316.003 Definitions.--The following words and phrases,
8 when used in this chapter, shall have the meanings
9 respectively ascribed to them in this section, except where
10 the context otherwise requires:
11 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
12 operated upon rails or guideway, but not including any
13 bicycle, motorized scooter, or moped.
14 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
15 or saddle for the use of the rider and designed to travel on
16 not more than three wheels, and not capable of propelling the
17 vehicle of a speed greater than 30 miles per hour on level
18 ground.
19 Section 108. Section 316.2065, Florida Statutes, is
20 amended to read:
21 316.2065 Bicycle and motorized scooter regulations.--
22 (1) Every person propelling a vehicle by human power,
23 or operating a motorized scooter as defined in s. 316.003, has
24 all of the rights and all of the duties applicable to the
25 driver of any other vehicle under this chapter, except as to
26 special regulations in this chapter, and except as to
27 provisions of this chapter which by their nature can have no
28 application.
29 (2) A person operating a bicycle may not ride other
30 than upon or astride a permanent and regular seat attached
31 thereto.
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1 (3)(a) A bicycle may not be used to carry more persons
2 at one time than the number for which it is designed or
3 equipped, except that an adult rider may carry a child
4 securely attached to his or her person in a backpack or sling.
5 (b) Except as provided in paragraph (a), a bicycle
6 rider must carry any passenger who is a child under 4 years of
7 age, or who weighs 40 pounds or less, in a seat or carrier
8 that is designed to carry a child of that age or size and that
9 secures and protects the child from the moving parts of the
10 bicycle.
11 (c) A bicycle rider may not allow a passenger to
12 remain in a child seat or carrier on a bicycle when the rider
13 is not in immediate control of the bicycle.
14 (d) A bicycle rider or passenger or motorized scooter
15 rider who is under 16 years of age must wear a bicycle helmet
16 that is properly fitted and is fastened securely upon the
17 rider's or passenger's head by a strap, and that meets the
18 standards of the American National Standards Institute (ANSI Z
19 90.4 Bicycle Helmet Standards), the standards of the Snell
20 Memorial Foundation (1984 Standard for Protective Headgear for
21 Use in Bicycling), or any other nationally recognized
22 standards for bicycle helmets adopted by the department. As
23 used in this subsection, the term "passenger" includes a child
24 who is riding in a trailer or semitrailer attached to a
25 bicycle.
26 (e) Law enforcement officers and school crossing
27 guards may issue a bicycle safety brochure and a verbal
28 warning to a bicycle rider or passenger or a motorized scooter
29 rider who violates this subsection. A bicycle rider or
30 passenger or a motorized scooter rider who violates this
31 subsection may be issued a citation by a law enforcement
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1 officer and assessed a fine for a pedestrian violation, as
2 provided in s. 318.18. The court shall dismiss the charge
3 against a bicycle rider or passenger or a motorized scooter
4 rider for a first violation of paragraph (d) upon proof of
5 purchase of a bicycle helmet that complies with this
6 subsection.
7 (f) A person operating a motorized scooter may not
8 carry passengers.
9 (4) No person riding upon any bicycle, coaster, roller
10 skates, sled, or motorized scooter, or toy vehicle may attach
11 the same or himself or herself to any vehicle upon a roadway.
12 This subsection does not prohibit attaching a bicycle trailer
13 or bicycle semitrailer to a bicycle if that trailer or
14 semitrailer is commercially available and has been designed
15 for such attachment.
16 (5)(a) Any person operating a bicycle upon a roadway
17 at less than the normal speed of traffic at the time and place
18 and under the conditions then existing shall ride as close as
19 practicable to the right-hand curb or edge of the roadway
20 except under any of the following situations:
21 1. When overtaking and passing another bicycle or
22 vehicle proceeding in the same direction.
23 2. When preparing for a left turn at an intersection
24 or into a private road or driveway.
25 3. When reasonably necessary to avoid any condition,
26 including, but not limited to, a fixed or moving object,
27 parked or moving vehicle, bicycle, pedestrian, animal, surface
28 hazard, or substandard-width lane, that makes it unsafe to
29 continue along the right-hand curb or edge. For the purposes
30 of this subsection, a "substandard-width lane" is a lane that
31
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1 is too narrow for a bicycle and another vehicle to travel
2 safely side by side within the lane.
3 (b) Any person operating a bicycle upon a one-way
4 highway with two or more marked traffic lanes may ride as near
5 the left-hand curb or edge of such roadway as practicable.
6 (6) Persons riding bicycles upon a roadway may not
7 ride more than two abreast except on paths or parts of
8 roadways set aside for the exclusive use of bicycles. Persons
9 riding two abreast may not impede traffic when traveling at
10 less than the normal speed of traffic at the time and place
11 and under the conditions then existing and shall ride within a
12 single lane.
13 (7) Any person operating a bicycle or motorized
14 scooter shall keep at least one hand upon the handlebars.
15 (8) Every bicycle or motorized scooter in use between
16 sunset and sunrise shall be equipped with a lamp on the front
17 exhibiting a white light visible from a distance of at least
18 500 feet to the front and a lamp and reflector on the rear
19 each exhibiting a red light visible from a distance of 600
20 feet to the rear. A bicycle or motorized scooter its rider
21 may be equipped with lights or reflectors in addition to those
22 required by this section.
23 (9) No parent of any minor child and no guardian of
24 any minor ward may authorize or knowingly permit any such
25 minor child or ward to violate any of the provisions of this
26 section.
27 (10) A person propelling a vehicle by human power upon
28 and along a sidewalk, or across a roadway upon and along a
29 crosswalk, has all the rights and duties applicable to a
30 pedestrian under the same circumstances.
31
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1 (11)(a) A person propelling a bicycle upon and along a
2 sidewalk, or across a roadway upon and along a crosswalk,
3 shall yield the right-of-way to any pedestrian and shall give
4 an audible signal before overtaking and passing such
5 pedestrian.
6 (b) A motorized scooter may not be operated upon or
7 along a sidewalk. However, an electric personal assistive
8 mobility device that is designed to transport only one person
9 and that has an electric propulsion system that limits the
10 maximum speed of the device to 15 miles per hour or less may
11 be operated upon or along a sidewalk.
12 (12) No person upon roller skates, or riding in or by
13 means of any motorized scooter, coaster, toy vehicle, or
14 similar device, may go upon any roadway except while crossing
15 a street on a crosswalk; and, when so crossing, such person
16 shall be granted all rights and shall be subject to all of the
17 duties applicable to pedestrians.
18 (13) This section shall not apply upon any street
19 while set aside as a play street authorized herein or as
20 designated by state, county, or municipal authority.
21 (14) Every bicycle or motorized scooter, shall be
22 equipped with a brake or brakes which will enable its rider to
23 stop the bicycle within 25 feet from a speed of 10 miles per
24 hour on dry, level, clean pavement.
25 (15) A person engaged in the business of selling
26 bicycles at retail shall not sell any bicycle unless the
27 bicycle has an identifying number permanently stamped or cast
28 on its frame.
29 (16)(a) A person may not knowingly rent or lease any
30 bicycle or motorized scooter to be ridden by a child who is
31 under the age of 16 years unless:
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1 1. The child possesses a bicycle helmet; or
2 2. The lessor provides a bicycle helmet for the child
3 to wear.
4 (b) A violation of this subsection is a nonmoving
5 violation, punishable as provided in s. 318.18.
6 (17) The court may waive, reduce, or suspend payment
7 of any fine imposed under subsection (3) or subsection (16)
8 and may impose any other conditions on the waiver, reduction,
9 or suspension. If the court finds that a person does not have
10 sufficient funds to pay the fine, the court may require the
11 performance of a specified number of hours of community
12 service or attendance at a safety seminar.
13 (18) Notwithstanding s. 318.21, all proceeds collected
14 pursuant to s. 318.18 for violations under paragraphs (3)(e)
15 and (16)(b) shall be deposited into the State Transportation
16 Trust Fund.
17 (19) The failure of a person to wear a required
18 bicycle helmet or the failure of a parent or guardian to
19 prevent a child from riding a bicycle or motorized scooter
20 without a required bicycle helmet may not be considered
21 evidence of negligence or contributory negligence.
22 (20) Except as otherwise provided in this section, a
23 violation of this section is a noncriminal traffic infraction,
24 punishable as a pedestrian violation as provided in chapter
25 318. A law enforcement officer may issue traffic citations for
26 a violation of subsection (3) or subsection (16) only if the
27 violation occurs on a bicycle path or road, as defined in s.
28 334.03. However, they may not issue citations to persons on
29 private property, except any part thereof which is open to the
30 use of the public for purposes of vehicular traffic.
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1 (21) A county or municipality may adopt an ordinance
2 that authorizes persons to operate a motorized scooter on a
3 roadway or sidewalk, notwithstanding any prohibitions in this
4 section.
5 Section 109. Paragraph (ff) is added to subsection (4)
6 of section 320.08056, Florida Statutes, to read:
7 320.08056 Specialty license plates.--
8 (4) The following license plate annual use fees shall
9 be collected for the appropriate specialty license plates:
10 (ff) Florida Golf license plate, $25.
11 Section 110. Subsection (32) is added to section
12 320.08058, Florida Statutes, to read:
13 320.08058 Specialty license plates.--
14 (32) FLORIDA GOLF LICENSE PLATES:--
15 (a) The Department of Highway Safety and Motor
16 Vehicles shall develop a Florida Golf License plate as
17 provided in this section. The word "Florida" must appear at
18 the bottom of the plate. The Dade Amateur Golf Association,
19 following consultation with the PGA TOUR, the Florida Sports
20 Foundation, the LPGA and the PGA of America may submit a
21 revised sample plate for consideration by the department.
22 (b) The department shall distribute the Florida Golf
23 License Plate annual use fee to the Florida Sports Foundation,
24 a direct support organization of the Office of Tourism, Trade,
25 and Economic Development. The license plate annual use fees
26 are to be annually allocated as follows:
27 1. Up to 5 percent of the proceeds from the annual use
28 fees may be used by the Florida Sports Foundation for the
29 administration of the Florida Youth Golf Program.
30 2. The Dade Amateur Golf Association shall receive the
31 first $80,000 in proceeds from the annual use fees for the
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1 operation of youth golf programs in Miami-Dade County.
2 Thereafter, 15 percent of the proceeds from the annual use fee
3 shall be provided to the Dade Amateur Golf Association for the
4 operation of youth golf programs in Miami-Dade County.
5 3. The remaining proceeds from the annual use fee
6 shall be available for grants to nonprofit organizations to
7 operate youth golf programs and for the purpose of marketing
8 the Florida Golf License Plates. All grant recipients,
9 including the Dade Amateur Golf Association, shall be required
10 to provide to the Florida Sports Foundation an annual program
11 and financial report regarding the use of grant funds. Such
12 reports shall be made available to the public.
13 (c) The Florida Sports Foundation shall establish a
14 Florida Youth Golf Program. The Florida Youth Golf Program
15 shall assist organizations for the benefit of youth, introduce
16 young people to golf, instruct young people in golf, teach the
17 values of golf and stress life skills, fair play, courtesy,
18 self-discipline.
19 (d) The Florida Sports Foundation shall establish a
20 five-member committee to offer advice regarding the
21 distribution of the annual use fees for grants to nonprofit
22 organizations. The advisory committee shall consist of one
23 member from a group serving youth, one member from a group
24 serving disabled youth, and three members at large.
25 Section 111. Any multicounty airport authority created
26 as an independent special district which is subject to a
27 development-of-regional-impact development order and which has
28 conducted a noise study in accordance with 14 C.F.R. Part 150
29 shall, in fiscal year 2002, establish a
30 noise-mitigation-project fund in an amount of $7.5 million,
31 which shall be increased by another $2.5 million in fiscal
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1 year 2004. The moneys in the project fund shall be segregated
2 and expended by the airport authority by December 31, 2006, to
3 the extent necessary to comply with development-order
4 commitments to acquire property from or otherwise mitigate
5 property owners adversely affected by the development of
6 regional impact. If moneys are not expended for such purposes
7 by December 31, 2006, the airport authority shall not
8 thereafter amend its development-of-regional-impact
9 development order or commence development of airport
10 infrastructure improvements authorized by such development
11 order until such funds are fully expended for such purposes.
12 Section 112. Section 331.367, Florida Statutes, is
13 amended to read:
14 331.367 Spaceport Management Council.--
15 (1) The Spaceport Management Council is created within
16 the Spaceport Florida Authority to provide coordination
17 between government agencies and commercial operators for the
18 purpose of developing and recommendations on projects and
19 activities to that will increase the operability and
20 capabilities of Florida's space launch facilities, increase
21 statewide space-related industry and opportunities, and
22 promote space education, and research, and technology
23 development within the state. The council shall work to create
24 develop integrated facility and programmatic development plans
25 to address commercial, state, and federal requirements and to
26 identify appropriate private, state, and federal resources to
27 implement these plans.
28 (2) The council shall make recommendations regarding:
29 (a) The development of a spaceport master plan.
30
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1 (b) The projects and levels of commercial financing
2 required from the Florida Commercial Space Financing
3 Corporation created by s. 331.407.
4 (c) Development and expansion of space-related
5 education and research facilities and programs within Florida
6 in consultation with the Florida Space Research Institute,
7 including recommendations to be provided to the State
8 University System, the Division of Community Colleges, and the
9 Department of Education.
10 (d) The regulation of spaceports and federal and state
11 policy.
12 (e) Appropriate levels of governmental and private
13 funding for sustainable Florida's approach to the Federal
14 Government regarding requests for funding of space
15 development.
16 (3) The council shall submit its recommendations to
17 the Governor and Lieutenant Governor and provide copies to the
18 Secretary of Transportation, the director of the Office of
19 Tourism, Trade and Economic Development, the associate
20 administrator for Space Transportation in the United States
21 Department of Transportation, the administrator of the
22 National Aeronautics and Space Administration, the Deputy
23 Assistant Secretary of the Air Force for Space Plans and
24 Policy, and the ex officio nonvoting council members of the
25 Senate and the House of Representatives.
26 (4)(3)(a) The council shall consist of an executive
27 board consisting, which shall consist of representatives of
28 governmental organizations having with responsibilities for
29 developing or operating space transportation facilities, and a
30 Space Industry Committee, which shall consist of
31 representatives of Florida's space industry.
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1 (b) The executive board consists of the following
2 individuals shall serve on the executive board:
3 1. The executive director of the Spaceport Florida
4 Authority or his or her designee.
5 2. The director of the John F. Kennedy Space Center or
6 his or her designee.
7 3. The Commander of the United States Air Force 45th
8 Space Wing or his or her designee.
9 4. The Commander of the Naval Ordnance Test Unit or
10 his or her designee.
11 2.5. The Secretary of Transportation or his or her
12 designee.
13 3.6. The president of Enterprise Florida, Inc., or his
14 or her designee, as an ex officio nonvoting member.
15 4.7. The director of the Office of Tourism, Trade, and
16 Economic Development or his or her designee, as an ex officio
17 nonvoting member.
18 5. The chairperson of the Space Industry Committee, or
19 his or her deignee.
20 6. The members of the Senate and House of
21 Representatives who serve on the board of supervisors of the
22 Spaceport Florida Authority, who shall be ex officio nonvoting
23 members of the executive board.
24 (c)1. Participation by the federal agencies having
25 space-related missions in the state will contribute to council
26 effectiveness, and the following installation heads or their
27 designees may serve as official liaisons to the council: the
28 director of the John F. Kennedy Space Center, the Commander of
29 the 45th Space Wing, and the Commander of the Naval Ordnance
30 Test Unit.
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1 2. Federal liaison officials may attend and
2 participate in council meetings and deliberations, provide
3 federal-agency views on issues before the council, and present
4 issues of concern and make recommendations to the council.
5 3. The role of federal liaison officials is limited by
6 federal statutes and other constraints, but the determination
7 of this limitation is a federal function.
8 4. The fiduciary responsibility of the official
9 liaisons shall remain at all times with their respective
10 agencies.
11 5. To the extent that the advice or recommendations of
12 the official liaisons are not adopted or incorporated into the
13 final recommendations of the council, the official liaisons
14 may append to such final recommendations their advice,
15 recommendations, or opinions.
16 (4) Each member shall be appointed to serve for a
17 3-year term, beginning July 1. Initial appointments shall be
18 made no later than 60 days after the effective date of this
19 act.
20 (5) The executive board shall hold its initial meeting
21 no later than 30 days after the members have been appointed.
22 The Space Industry Committee shall hold its initial meeting no
23 later than 60 days after the members have been appointed.
24 (6) All council members must be residents of the
25 state.
26 (5)(7) The executive board council shall adopt bylaws
27 governing the manner in which the business of the council
28 shall be conducted. The bylaws shall specify the procedure by
29 which the chairperson of the council is elected.
30 (6)(8) The council shall provide infrastructure and
31 program requirements and develop other information to be
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1 utilized in a 5-year spaceport master plan. The council shall
2 define goals and objectives concerning the development of
3 spaceport facilities and an intermodal transportation system
4 consistent with the goals of the Florida Transportation Plan
5 developed pursuant to s. 339.155.
6 (7)(9) The council shall provide requirements and
7 other information to be utilized in the development of a
8 5-year Spaceport Economic Development Plan, defining the goals
9 and objectives of the council concerning the development of
10 facilities for space manufacturing, research, technology and
11 development, and education educational facilities.
12 (8)(10) The council shall meet at the call of its
13 chairperson, at the request of two or more members of the
14 executive board a majority of its membership, or at such times
15 as may be prescribed in its bylaws. However, the council must
16 meet at least semiannually. A majority of voting members of
17 the council constitutes a quorum for the purpose of
18 transacting the business of the council. A majority vote of
19 the majority of the voting members present is sufficient for
20 any action of the council, unless the bylaws of the council
21 require a greater vote for a particular action.
22 Section 113. Section 331.368, Florida Statutes, is
23 amended to read:
24 331.368 Florida Space Research Institute.--
25 (1) There is created the Florida Space Research
26 Institute, the purpose of which is to serve as an
27 industry-driven center for research, leveraging the state's
28 resources in a collaborative effort to support Florida's space
29 industry and its expansion, diversification, and transition to
30 commercialization.
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1 (2) The institute shall operate as a public/private
2 partnership under the direction of a board composed of:
3 (a) A representative of the Spaceport Florida
4 Authority.
5 (b) A representative of Enterprise Florida, Inc.
6 (c) A representative of the Florida Aviation Aerospace
7 Alliance.
8 (d) A representative of the Florida Space Business
9 Roundtable.
10 (e) Additional private-sector representatives from the
11 space industry selected collaboratively by the core members
12 specified in paragraphs (a)-(d). The additional space industry
13 representatives under this paragraph must comprise the
14 majority of members of the board and must be from geographic
15 regions throughout the state. Each private-sector
16 representative shall serve a term of 3 years.
17 (f) Two representatives from the educational community
18 who are selected collaboratively by the core members specified
19 in paragraphs (a)-(d) and who are engaged in research or
20 instruction related to the space industry. One representative
21 must be from a community college, and one representative must
22 be from a public or private university. Each educational
23 representative shall serve a term of 2 years.
24 (g) Annually, the members of the board shall select
25 one of the members to serve as chair, who shall be responsible
26 for convening and leading meetings of the board.
27 (h) The board members are considered to be volunteers
28 as defined in s. 110.501, and shall serve with all protections
29 provided to volunteers of state agencies under s. 768.1355.
30 (3) The Florida Space Research Institute may:
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1 (a) Acquire property under such conditions as the
2 board considers necessary, and sell or otherwise dispose of
3 the property.
4 (b) Serve as a coordinating organization among public
5 and private academic institutions, the State University
6 System, industry, and government agencies to support the
7 expansion and diversification of the state's space industry
8 and to support research and education programs.
9 (c) Execute contracts and other documents, adopt
10 proceedings, and perform any acts determined by the board to
11 be necessary to carry out the purposes of this section.
12 (d) Establish a personnel-management system and
13 procedures, rules, and rates governing administrative and
14 financial operations of the institute.
15 (e) Acquire, accept, or administer grants, contracts,
16 and fees from other organizations to perform activities that
17 are consistent with the purposes of this section.
18 (f) Work in partnership with the Spaceport Florida
19 Authority, Enterprise Florida, Inc., and other organizations
20 to support their programs to promote the state as a center for
21 space enterprise, research, and technology development.
22 (4)(3) The board of the Florida Space Research
23 Institute shall:
24 (a) Set the strategic direction for the space-related
25 research priorities of the state and its space-related
26 businesses, the scope of research projects for the institute,
27 and the timeframes for completion.
28 (b) Invite the participation of public and private
29 academic institutions universities, including, but not limited
30 to, the University of Central Florida, the University of
31 Florida, the University of South Florida, Florida State
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1 University, Florida Institute of Technology, and the
2 University of Miami.
3 (c) Select a lead university to:
4 1. Serve as coordinator of research for and as the
5 administrative entity of the institute;
6 2. Support the institute's development of a statewide
7 space research agenda and programs; and
8 3. Develop, and update as necessary, a report
9 recommending ways that the state's public and private
10 universities can work in partnership to support the state's
11 space-industry requirements, which report must be completed by
12 December 15, 2000.
13 (d) Establish a partnership with the state Workforce
14 Development Board, or its successor entity, under which the
15 institute coordinates the workforce-training requirements
16 identified by the space industry and supports development of
17 workforce-training initiatives to meet such requirements,
18 using training providers approved by the board or its
19 successor entity.
20 (e) Comanage, with the National Aeronautics and Space
21 Administration and subject to the terms of an agreement with
22 NASA, operation of a Space Experiment Research and Processing
23 Laboratory, if such a facility is constructed on land of the
24 John F. Kennedy Space Center. The institute shall carry out
25 such responsibility through a consortium of public and private
26 universities in the state led by the University of Florida.
27 (f) Develop initiatives to foster the participation of
28 the state's space industry in the International Space Station
29 and to help the state maintain and enhance its competitive
30 position in the commercial space-transportation industry.
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1 (g) Pursue partnerships with the National Aeronautics
2 and Space Administration to coordinate and conduct research in
3 fields including, but not limited to, environmental
4 monitoring; agriculture; aquatics; resource reutilization
5 technologies for long-duration space missions; and spaceport
6 technologies which support current or next-generation launch
7 vehicles and range systems.
8 (h) Pursue partnerships with the National Aeronautics
9 and Space Administration for the conduct of space-related
10 research using computer technology to connect experts in a
11 given field of science who are in disparate locations and to
12 perform research experiments in a real-time, virtual
13 environment.
14 (i) Appoint or dismiss, as considered necessary by the
15 board, a person to act as executive director of the institute,
16 who shall have such title, functions, duties, powers, and
17 salary as the board prescribes.
18 (5)(4) By December 15 of each year, the institute
19 shall submit a report of its activities and accomplishments
20 for the year to the Governor, the President of the Senate, and
21 the Speaker of the House of Representatives. The report shall
22 also include recommendations regarding actions the state
23 should take to enhance the development of space-related
24 businesses, including:
25 (a) Future research activities.
26 (b) The development of capital and technology
27 assistance to new and expanding industries.
28 (c) The removal of regulatory impediments.
29 (d) The establishment of business development
30 incentives.
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1 (e) The initiation of education and training programs
2 to ensure a skilled workforce.
3 Section 114. Subsection (4) of the section 338.165,
4 Florida Statutes, is amended to read:
5 338.165 Continuation of tolls.--
6 (4) If the revenue-producing project is on the county
7 road system, any remaining toll revenue shall be used for the
8 construction, maintenance, or improvement of any other state
9 or county road within the county or counties in which the
10 revenue-producing project is located, except as provided in s.
11 348.0004. Additionally, if the revenue-producing project is on
12 the county road system in a county as defined in s. 125.011,
13 any remaining toll revenue may be used for the public
14 facilities capitol improvements in sanitary sewer, solid
15 waste, drainage, potable water, parks, or construction,
16 maintenance, or improvement of any other state or county road
17 within the county or counties in which the revenue producing
18 project is located, except as provided in s. 348.0004.
19 Section 115. Section 943.1758, Florida Statutes, is
20 amended to read:
21 943.1758 Curriculum revision for diverse populations;
22 skills training.--
23 (1) The Criminal Justice Standards and Training
24 Commission shall revise its standards and training for basic
25 recruits and its requirements for continued employment by
26 integrating instructions on interpersonal skills relating to
27 diverse populations into the criminal justice standards and
28 training curriculum. The curriculum shall include standardized
29 proficiency instruction relating to high-risk and critical
30 tasks which include, but are not limited to, stops, use of
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1 force and domination, and other areas of interaction between
2 officers and members of diverse populations.
3 (2) The commission shall develop and implement, as
4 part of its instructor training programs, standardized
5 instruction in the subject of interpersonal skills relating to
6 diverse populations.
7 (3) Culturally sensitive lesson plans, up-to-date
8 videotapes, and other demonstrative aids developed for use in
9 diverse population-related training shall be used as
10 instructional materials.
11 (4) By October 1, 2001, the instruction in the subject
12 of interpersonal skills relating to diverse populations shall
13 consist of a module developed by the commission on the topic
14 of discriminatory profiling.
15 Section 116. Subsection (3) is added to section 30.15,
16 Florida Statutes, to read:
17 30.15 Powers, duties, and obligations.--
18 (3) On or before January 1, 2002, every sheriff shall
19 incorporate an antiracial or other antidiscriminatory
20 profiling policy into the sheriff's policies and practices,
21 utilizing the Florida Police Chiefs Association Model Policy
22 as a guide. Antiprofiling policies shall include the elements
23 of definitions, traffic stop procedures, community education
24 and awareness efforts, and policies for the handling of
25 complaints from the public.
26 Section 117. Section 166.0493, Florida Statutes, is
27 created to read:
28 166.0493 Powers, duties, and obligations of municipal
29 law enforcement agencies.--On or before January 1, 2002, every
30 municipal law enforcement agency shall incorporate an
31 antiracial or other antidiscriminatory profiling policy into
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1 the agency's policies and practices, utilizing the Florida
2 Police Chiefs Association Model Policy as a guide.
3 Antiprofiling policies shall include the elements of
4 definitions, traffic stop procedures, community education and
5 awareness efforts, and policies for the handling of complaints
6 from the public.
7 Section 118. Effective July 1, 2002, sections 332.201,
8 332.202, 332.203, 332.204, 332.205, 332.206, 332.207, 332.208,
9 332.209, 332.210, and 332.211, Florida Statutes, are created
10 to read:
11 332.201 Short title.--Sections 332.201-332.211 may be
12 cited as the "Florida Airport Authority Act."
13 332.202 Definitions.--As used in this act:
14 (1) "Agency of the state" means and includes the state
15 and any department of, or corporation, agency, or
16 instrumentality created, designated, or established by, the
17 state.
18 (2) "Airport" means any area of land or water, or any
19 manmade object or facility located therein, which is used, or
20 intended for public use, for the landing and takeoff of
21 aircraft, and any appurtenant areas which are used, or
22 intended for public use, for airport buildings or other
23 airport facilities or rights-of-way.
24 (3) "Airport system" means any and all airports within
25 the geographic boundaries of an airport authority established
26 pursuant to this act and appurtenant facilities thereto,
27 including, but not limited to, all approaches, roads, bridges,
28 and avenues of access for such airport.
29 (4) "Authority" means an airport authority established
30 pursuant to this act which is a body politic and corporate and
31 a public instrumentality.
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1 (5) "Bonds" means and includes the notes, bonds,
2 refunding bonds, or other evidences of indebtedness or
3 obligations, in either temporary or definitive form, which an
4 authority issues pursuant to this act.
5 (6) "Department" means the Department of
6 Transportation.
7 (7) "Division" means the Division of Bond Finance of
8 the State Board of Administration.
9 (8) "Express written consent" means prior express
10 written consent given in the form of a resolution adopted by a
11 board of county commissioners.
12 (9) "Federal agency" means and includes the United
13 States, the President of the United States, and any department
14 of, or corporation, agency, or instrumentality created,
15 designated, or established by, the United States.
16 332.203 Airport authority; formation; membership.--
17 (1) Any county which has a population of more than 2.1
18 million people shall at the countywide election hold a
19 referendum in which the electors shall decide whether to form
20 an airport authority, which shall be an agency of the state,
21 pursuant to this act.
22 (2) The governing body of the authority shall consist
23 of seven voting members, two of whom shall be appointed by the
24 Governor subject to confirmation by the Senate. Each member of
25 the governing body must at all times during his or her term of
26 office be a permanent resident of the county which he or she
27 is appointed to represent.
28 (a) The two members of the governing body appointed by
29 the Governor, subject to confirmation by the Senate, shall
30 serve terms of 4 years. Such persons may not hold elective
31 office during their terms of office.
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1 (b) Two members shall be appointed by the County
2 Ethics Commission.
3 (c) One member shall be appointed by the County Mayor.
4 (d) Two members shall be appointed by the County
5 Commission.
6 (3)(a) The governing body of each authority shall
7 elect one of its members as its chair and shall elect a
8 secretary and a treasurer, who need not be members of the
9 authority. The chair, secretary, and treasurer shall hold
10 their offices at the will of the governing body. A simple
11 majority of the governing body constitutes a quorum, and the
12 vote of a majority of those members present is necessary for
13 the governing body to take any action. A vacancy on a
14 governing body shall not impair the right of a quorum of the
15 governing body to exercise all of the rights and perform all
16 of the duties of the authority.
17 (b) Upon the effective date of his or her appointment,
18 or as soon thereafter as practicable, each appointed member of
19 a governing body shall enter upon his or her duties.
20 (4)(a) An authority may employ an executive secretary,
21 an executive director, its own counsel and legal staff,
22 technical experts, and such engineers and employees, permanent
23 or temporary, as it may require and shall determine the
24 qualifications and fix the compensation of such persons,
25 firms, or corporations. An authority may employ a fiscal agent
26 or agents; however, the authority must solicit sealed
27 proposals from at least three persons, firms, or corporations
28 for the performance of any services as fiscal agent. An
29 authority may delegate to one or more of its agents or
30 employees such of its power as it deems necessary to carry out
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1 the purposes of this act, subject always to the supervision
2 and control of the authority.
3 (b) Members of the governing body of an authority may
4 be removed from office by the Governor for misconduct,
5 malfeasance, misfeasance, or nonfeasance in office.
6 (c) Members of the governing body of an authority are
7 entitled to receive from the authority their travel and other
8 necessary expenses incurred in connection with the business of
9 the authority as provided in s. 112.061, but they may not draw
10 salaries or other compensation.
11 (d) Members of the governing body of an authority
12 shall be required to comply with the applicable financial
13 disclosure requirements of ss. 112.3144, 112.3148, and
14 112.3149.
15 (5) No member or spouse shall be the holder of the
16 stocks or bonds of any company, other than through ownership
17 of shares in a mutual fund, regulated by the authority, or any
18 affiliated company of any company regulated by the authority,
19 or be an agent or employee of, or have any interest in, any
20 company regulated by the authority or any affiliated company
21 of any company regulated by the authority, or in any firm
22 which represents in any capacity either companies which are
23 regulated by the authority or affiliates of companies
24 regulated by the authority. As a condition of appointment to
25 the council, each appointee shall affirm to the Speaker and
26 the President his or her qualification by the following
27 certification: "I hereby certify that I am not a stockholder,
28 other than through ownership of shares in a mutual fund, in
29 any company regulated by the authority or in any affiliate of
30 a company regulated by the authority, nor in any way, directly
31 or indirectly, in the employment of, or engaged in the
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1 management of any company regulated by the authority or any
2 affiliate of a company regulated by the authority, or in any
3 firm which represents in any capacity either companies which
4 are regulated by the authority or affiliates of companies
5 regulated by the authority." A member of the authority shall
6 not contribute to the campaign account of any elected
7 official, nor solicit any campaign contributions for any
8 elected official.
9 332.204 Purposes and powers.--
10 (1)(a) An authority created and established pursuant
11 to this act may acquire, hold, construct, improve, maintain,
12 operate, own, and lease an airport system.
13 (b) Construction of an airport system may be completed
14 by an authority in segments, phases, or stages, in a manner
15 which will permit the expansion of these segments, phases, or
16 stages to the desired airport configuration. Each authority,
17 in the construction of an airport system, may construct any
18 extensions of, additions to, or improvements to, the airport
19 system or appurtenant facilities, including all necessary
20 approaches, roads, bridges, and avenues of access, with such
21 changes, modifications, or revisions of the project that are
22 deemed desirable and proper. An authority may only add
23 additional airports to an airport system, under the terms and
24 conditions set forth in this act, with the prior express
25 written consent of the board of county commissioners of each
26 county located within the geographic boundaries of the
27 authority, and only if such additional airports are
28 financially feasible, and are compatible with the existing
29 plans, projects, and programs of the authority.
30 (2) Each authority may exercise all powers necessary,
31 appurtenant, convenient, or incidental to the carrying out of
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1 its purposes, including, but not limited to, the following
2 rights and powers:
3 (a) To sue and be sued, implead and be impleaded, and
4 complain and defend in all courts.
5 (b) To adopt, use, and alter at will a corporate seal.
6 (c) To acquire, purchase, hold, lease as lessee, and
7 use any franchise or property, real, personal, or mixed,
8 tangible or intangible, or any interest therein necessary or
9 desirable for carrying out the purposes of the authority and
10 to sell, lease as lessor, transfer, and dispose of any
11 property or interest therein at any time acquired by it.
12 (d) To enter into and make leases, either as lessee or
13 as lessor, in order to carry out the right to lease as set
14 forth in this act.
15 (e) To fix, alter, charge, establish, and collect
16 rates, fees, rentals, and other charges for the services and
17 facilities of the airport system, which rates, fees, rentals,
18 and other charges must always be sufficient to comply with any
19 covenants made with the holders of any bonds issued pursuant
20 to this act.
21 (f) To borrow money, make and issue negotiable notes,
22 bonds, refund bonds and other evidence of indebtedness, either
23 in temporary or definitive form, of the authority, which bonds
24 or other evidence of indebtedness may be issued pursuant to
25 the State Bond Act, to finance an airport system within the
26 geographic boundaries of the authority, and to provide for the
27 security of the bonds or other evidence of indebtedness and
28 the rights and remedies of the holders of the bonds or other
29 evidence of indebtedness. Any bonds or other evidence of
30 indebtedness pledging the full faith and credit of the state
31 shall only be issued pursuant to the State Bond Act.
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1 (g) To enter into contracts and to execute all
2 instruments necessary or convenient for the carrying on of its
3 business.
4 (h) Without limitation of the foregoing, to borrow
5 money and accept grants from, and to enter into contracts,
6 leases, or other transactions with, any federal agency, the
7 state, any agency of the state or county, or any other public
8 body of the state.
9 (i) To have the power of eminent domain, including the
10 procedural powers granted under chapters 73 and 74.
11 (j) To pledge, hypothecate, or otherwise encumber all
12 or any part of the revenues, rates, fees, rentals, or other
13 charges or receipts of the authority, as security for all or
14 any of the obligations of the authority.
15 (k) To do all acts and things necessary or convenient
16 for the conduct of its business and the general welfare of the
17 authority in order to carry out the powers granted to it by
18 law.
19 (l) An airport authority may consider any unsolicited
20 proposals from private entities and all factors it deems
21 important in evaluating such proposals. The airport authority
22 shall adopt rules or policies in compliance with s. 334.30 for
23 the receipt, evaluation, and consideration of such proposals
24 in order to enter into agreements for the planning design,
25 engineering, construction, operation, ownership, or financing
26 of its airport system. Such rules must require substantially
27 similar technical information as is required by Rule
28 14-107.0011(3)(a)-(e), Florida Administrative Code. In
29 accepting a proposal and entering into such an agreement, the
30 airport authority and the private entity shall for all
31 purposes be deemed to have complied with chapters 255 and 287.
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1 Similar proposals shall be reviewed and acted on by the
2 authority in the order in which they were received. An
3 additional airport may only be constructed under this
4 paragraph with state and federal approval, and with the prior
5 express written consent of the board of county commissioners
6 of each county located within the geographical boundaries of
7 the authority.
8 (3) The use or pledge of any portion of county tax
9 funds may not be made without the prior express written
10 consent of the board of county commissioners of each county
11 located within the geographic boundaries of the authority.
12 (4) Any authority formed pursuant to this act shall
13 comply with all statutory requirements of general application
14 which relate to the filing of any report or documentation
15 required by law, including the requirements of ss. 189.4085,
16 189.415, 189.417, and 189.418.
17 (5) No airport authority shall undertake any
18 construction that is not consistent with federal aviation
19 requirements, the statewide aviation system plan, and the
20 county's comprehensive plan.
21 (6) The governing body of the county may enter into an
22 interlocal agreement with an authority pursuant to chapter 163
23 for the joint performance or performance by either
24 governmental entity of any corporate function of the county or
25 authority necessary or appropriate to enable the authority to
26 fulfill the powers and purposes of this act and promote the
27 efficient and effective transportation of persons and goods in
28 such county.
29 332.205 Bonds.--With the prior express written consent
30 of the board of county commissioners of each county located
31 within the geographic boundaries of an authority, bonds may be
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1 issued on behalf of an authority as provided by the State Bond
2 Act.
3 332.206 County may be appointed agent of authority for
4 construction.--The county may be appointed by the authority as
5 its agent for the purpose of constructing improvements to an
6 airport system and for the completion thereof. In such event,
7 the authority shall provide the county with complete copies of
8 all documents, agreements, resolutions, contracts, and
9 instruments relating thereto; shall request the county to do
10 such construction work, including the planning, surveying, and
11 actual construction of the completion and improvements to the
12 airport system; and shall transfer to the credit of an account
13 of the county the necessary funds therefor.
14 332.207 Acquisition of lands and property.--
15 (1) For the purposes of this act, an airport authority
16 may acquire private or public property and property rights,
17 including rights of access, air, view, and light, by gift,
18 devise, purchase, or condemnation by eminent domain
19 proceedings, as the authority may deem necessary for any of
20 the purposes of this act, including, but not limited to, any
21 lands reasonably necessary for securing applicable permits,
22 areas necessary for management of access, borrow pits,
23 drainage ditches, water retention areas, replacement access
24 for landowners whose access is impaired due to the improvement
25 of an airport system, and replacement rights-of-way for
26 relocated rail and utility facilities; or for existing,
27 proposed, or anticipated transportation facilities within the
28 airport system. The authority may also condemn any material
29 and property necessary for such purposes.
30
31
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1 (2) The right of eminent domain conferred by this act
2 must be exercised by an authority in the manner provided by
3 law.
4 332.208 Cooperation with other units, boards,
5 agencies, and individuals.--Express authority and power is
6 given and granted to any county, municipality, drainage
7 district, road and bridge district, school district, or other
8 political subdivision, board, commission, or individual in or
9 of this state to enter into contracts, leases, conveyances, or
10 other agreements within the provisions and purposes of this
11 act with an authority. An authority may enter into contracts,
12 leases, conveyances, and other agreements, to the extent
13 consistent with this chapter and chapters 330, 331, and 333
14 and other provisions of the laws of the state, with any
15 political subdivision, agency, or instrumentality of the state
16 and any federal agency, corporation, and individual, for the
17 purpose of carrying out the provisions of this act.
18 332.209 Covenant of the state.--The state does hereby
19 pledge to, and agrees with, any person, firm, corporation, or
20 federal or state agency subscribing to or acquiring the bonds
21 to be issued by an authority for the purposes of this act that
22 the state will not limit or alter the rights hereby vested in
23 an authority and the department until all bonds at any time
24 issued, together with the interest thereon, are fully paid and
25 discharged, insofar as the same affects the rights of the
26 holders of bonds issued hereunder. The state does further
27 pledge to, and agrees with, the United States that, in the
28 event any federal agency constructs, or contributes any funds
29 for the completion, extension, or improvement of, an airport
30 system or any part or portion thereof, the state will not
31 alter or limit the rights and powers of an authority and the
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1 department in any manner which would be inconsistent with the
2 continued maintenance and operation of the airport system or
3 the completion, extension, or improvement thereof or which
4 would be inconsistent with the due performance of any
5 agreement between the authority and any such federal agency,
6 and the authority and the department shall continue to have
7 and may exercise all powers granted so long as the same shall
8 be necessary or desirable for carrying out the purposes of
9 this act and the purposes of the United States in the
10 completion, extension, or improvement of the airport system or
11 any part or portion thereof.
12 332.210 Exemption from taxation.--The effectuation of
13 the authorized purposes of an airport authority is in all
14 respects for the benefit of the people of the state, for the
15 increase of their commerce and prosperity, and for the
16 improvement of their health and living conditions. For this
17 reason, an authority is not required to pay any taxes or
18 assessments of any kind or nature whatsoever upon any property
19 acquired by it or used by it for such purposes or upon any
20 revenues at any time received by it. The bonds issued by or on
21 behalf of an authority, their transfer, and the income
22 therefrom, including any profits made on the sale thereof, are
23 exempt from taxation of any kind by the state or by any
24 political subdivision or other taxing agency or
25 instrumentality thereof. The exemption granted by this section
26 does not apply to any tax imposed under chapter 220 on
27 interest, income, or profits on debt obligations owned by
28 corporations.
29 332.211 Exemption from applicability.--This act does
30 not apply in a county in which an authority has been created
31
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1 pursuant to a general or special act of the Legislature for
2 the purpose of owning, building, or operating an airport.
3 Section 119. The provisions of the Florida Airport
4 Authority Act, sections 332.201-332.211, Florida Statutes,
5 shall not apply to any county which has created its own
6 airport authority.
7 Section 120. Members of the authority created pursuant
8 to the Florida Airport Authority Act, sections
9 332.201-332.211, Florida Statutes, are required to file full
10 and public disclosure of financial interests pursuant to
11 section 112.3144, Florida Statutes.
12 Section 121. The sum of $650,000 is appropriated to
13 the Florida Commercial Space Financing Corporation from
14 nonrecurring General Revenue for fiscal year 2001-2002, and
15 the sum of $650,000 is appropriated to the Spaceport Florida
16 Authority from nonrecurring General Revenue for fiscal year
17 2001-2002. The funds distributed to the Florida Commercial
18 Space Financing Corporation pursuant to this section shall be
19 used solely for funding aerospace infrastructure as defined in
20 this section. These funds distributed to the Spaceport Florida
21 Authority shall be used solely for aerospace infrastructure
22 funding purposes based on recommendations made to the
23 authority by the director of the Office of Tourism, Trade, and
24 Economic Development. Proposals for aerospace infrastructure
25 funding through the authority shall be submitted to the Space
26 Industry Committee created pursuant to s. 331.367, Florida
27 Statutes, or any successor organization, and the committee
28 shall, at least once each quarter, submit a written report to
29 the director of the Office of Tourism, Trade, and Economic
30 Development delineating the committee's recommendation for
31 prioritizing those proposals that it has reviewed. The
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1 director of the Office of Tourism, Trade, and Economic
2 Development shall take into consideration the prioritization
3 reports of the Space Industry Committee. For purposes of this
4 section, "aerospace infrastructure" means land, buildings and
5 other improvements, fixtures, machinery, equipment,
6 instruments, and software that will improve the state's
7 capability to support, expand, or attract the launch,
8 construction, processing, refurbishment, or manufacturing of
9 rockets, missiles, capsules, spacecraft, satellites, satellite
10 control facilities, ground support equipment and related
11 tangible personal property, launch vehicles, modules, space
12 stations or components destined for space station operation,
13 and space flight research and development facilities,
14 instruments, and equipment, together with any engineering,
15 permitting, and other expenses directly related to such land,
16 buildings, improvements, fixtures, machinery, equipment,
17 instruments, or software. The funds distributed to the Florida
18 Commercial Space Financing Corporation shall be used solely
19 for funding aerospace infrastructure as defined in this
20 section. The funds distributed to the Spaceport Florida
21 Authority pursuant to this section shall be used solely for
22 aerospace infrastructure funding purposes based on
23 recommendations made to the authority by the director of the
24 Office of Tourism, Trade, and Economic Development. Proposals
25 for aerospace infrastructure funding through the authority
26 shall be submitted to the Space Industry Committee created
27 pursuant to s. 331.367, Florida Statutes, or any successor
28 organization, and the committee shall, at least once each
29 quarter, submit a written report to the director of the Office
30 of Tourism, Trade, and Economic Development delineating the
31 committee's recommendation for prioritizing those proposals
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1 that it has reviewed. The director of the Office of Tourism,
2 Trade, and Economic Development shall take into consideration
3 the prioritization reports of the Space Industry Committee.
4 For purposes of this section, "aerospace infrastructure" means
5 land, buildings and other improvements, fixtures, machinery,
6 equipment, instruments, and software that will improve the
7 state's capability to support, expand, or attract the launch,
8 construction, processing, refurbishment, or manufacturing of
9 rockets, missiles, capsules, spacecraft, satellites, satellite
10 control facilities, ground support equipment and related
11 tangible personal property, launch vehicles, modules, space
12 stations or components destined for space station operation,
13 and space flight research and development facilities,
14 instruments, and equipment, together with any engineering,
15 permitting, and other expenses directly related to such land,
16 buildings, improvements, fixtures, machinery, equipment,
17 instruments, or software.
18 Section 122. Subsections (1) and (21) of section
19 316.003, Florida Statutes, are amended, and subsection (82) is
20 added to said section, to read:
21 316.003 Definitions.--The following words and phrases,
22 when used in this chapter, shall have the meanings
23 respectively ascribed to them in this section, except where
24 the context otherwise requires:
25 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
26 fire department (fire patrol), police vehicles, and such
27 ambulances and emergency vehicles of municipal departments,
28 public service corporations operated by private corporations,
29 the Department of Environmental Protection, the Department of
30 Health, and the Department of Transportation as are designated
31 or authorized by their respective department or the chief of
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1 police of an incorporated city or any sheriff of any of the
2 various counties.
3 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
4 operated upon rails or guideway, but not including any
5 bicycle, motorized scooter, or moped.
6 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
7 or saddle for the use of the rider, designed to travel on not
8 more than three wheels, and not capable of propelling the
9 vehicle at a speed greater than 30 miles per hour on level
10 ground.
11 Section 123. Subsections (2) and (3) of section
12 316.006, Florida Statutes, are amended to read:
13 316.006 Jurisdiction.--Jurisdiction to control traffic
14 is vested as follows:
15 (2) MUNICIPALITIES.--
16 (a) Chartered municipalities shall have original
17 jurisdiction over all streets and highways located within
18 their boundaries, except state roads, and may place and
19 maintain such traffic control devices which conform to the
20 manual and specifications of the Department of Transportation
21 upon all streets and highways under their original
22 jurisdiction as they shall deem necessary to indicate and to
23 carry out the provisions of this chapter or to regulate, warn,
24 or guide traffic.
25 (b) A municipality may exercise jurisdiction over any
26 private road or roads, or over any limited access road or
27 roads owned or controlled by a special district, located
28 within its boundaries if the municipality and party or parties
29 owning or controlling such road or roads provide, by written
30 agreement approved by the governing body of the municipality,
31
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1 for municipal traffic control jurisdiction over the road or
2 roads encompassed by such agreement. Pursuant thereto:
3 1. Provision for reimbursement for actual costs of
4 traffic control and enforcement and for liability insurance
5 and indemnification by the party or parties, and such other
6 terms as are mutually agreeable, may be included in such an
7 agreement.
8 2. The exercise of jurisdiction provided for herein
9 shall be in addition to jurisdictional authority presently
10 exercised by municipalities under law, and nothing in this
11 paragraph shall be construed to limit or remove any such
12 jurisdictional authority. Such jurisdiction includes
13 regulation of access to such road or roads by security devices
14 or personnel.
15 3. Any such agreement may provide for the installation
16 of multiparty stop signs by the parties controlling the roads
17 covered by the agreement, if a determination is made by such
18 parties that the signage will enhance traffic safety.
19 Multiparty stop signs must conform to the manual and
20 specifications of the Department of Transportation. However,
21 minimum traffic volumes may not be required for the
22 installation of such signage. Enforcement for the signs shall
23 be as provided in s. 316.123.
24
25 This subsection shall not limit those counties which have the
26 charter powers to provide and regulate arterial, toll, and
27 other roads, bridges, tunnels, and related facilities from the
28 proper exercise of those powers by the placement and
29 maintenance of traffic control devices which conform to the
30 manual and specifications of the Department of Transportation
31 on streets and highways located within municipal boundaries.
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1 (3) COUNTIES.--
2 (a) Counties shall have original jurisdiction over all
3 streets and highways located within their boundaries, except
4 all state roads and those streets and highways specified in
5 subsection (2), and may place and maintain such traffic
6 control devices which conform to the manual and specifications
7 of the Department of Transportation upon all streets and
8 highways under their original jurisdiction as they shall deem
9 necessary to indicate and to carry out the provisions of this
10 chapter or to regulate, warn, or guide traffic.
11 (b) A county may exercise jurisdiction over any
12 private road or roads, or over any limited access road or
13 roads owned or controlled by a special district, located in
14 the unincorporated area within its boundaries if the county
15 and party or parties owning or controlling such road or roads
16 provide, by written agreement approved by the governing body
17 of the county, for county traffic control jurisdiction over
18 the road or roads encompassed by such agreement. Pursuant
19 thereto:
20 1. Provision for reimbursement for actual costs of
21 traffic control and enforcement and for liability insurance
22 and indemnification by the party or parties, and such other
23 terms as are mutually agreeable, may be included in such an
24 agreement.
25 2. Prior to entering into an agreement which provides
26 for enforcement of the traffic laws of the state over a
27 private road or roads, or over any limited access road or
28 roads owned or controlled by a special district, the governing
29 body of the county shall consult with the sheriff. No such
30 agreement shall take effect prior to October 1, the beginning
31
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1 of the county fiscal year, unless this requirement is waived
2 in writing by the sheriff.
3 3. The exercise of jurisdiction provided for herein
4 shall be in addition to jurisdictional authority presently
5 exercised by counties under law, and nothing in this paragraph
6 shall be construed to limit or remove any such jurisdictional
7 authority.
8 4. Any such agreement may provide for the installation
9 of multiparty stop signs by the parties controlling the roads
10 covered by the agreement, if a determination is made by such
11 parties that the signage will enhance traffic safety.
12 Multiparty stop signs must conform to the manual and
13 specifications of the Department of Transportation. However,
14 minimum traffic volumes may not be required for the
15 installation of such signage. Enforcement for the signs shall
16 be as provided in s. 316.123.
17
18 Notwithstanding the provisions of subsection (2), each county
19 shall have original jurisdiction to regulate parking, by
20 resolution of the board of county commissioners and the
21 erection of signs conforming to the manual and specifications
22 of the Department of Transportation, in parking areas located
23 on property owned or leased by the county, whether or not such
24 areas are located within the boundaries of chartered
25 municipalities.
26 Section 124. Effective July 1, 2001, subsection (4) of
27 section 316.1951, Florida Statutes, is amended to read:
28 316.1951 Parking for certain purposes prohibited.--
29 (4) A law enforcement officer, compliance examiner, or
30 license inspector, or supervisor of the department, as
31 authorized in s. 320.58(1)(a), may cause to be removed at the
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1 owner's expense any motor vehicle found upon a public street,
2 public parking lot, other public property, or private
3 property, where the public has the right to travel by motor
4 vehicle, which is in violation of subsection (1). Every
5 written notice issued pursuant to this section shall be
6 affixed in a conspicuous place upon a vehicle by a law
7 enforcement officer, compliance examiner, or license
8 inspector, or supervisor of the department. Any vehicle found
9 in violation of subsection (1) within 10 days after a previous
10 violation and written notice shall be subject to immediate
11 removal without an additional waiting period.
12 Section 125. Subsection (4) of section 316.1967,
13 Florida Statutes, is amended to read:
14 316.1967 Liability for payment of parking ticket
15 violations and other parking violations.--
16 (4) Any person who elects to appear before a
17 designated official to present evidence waives his or her
18 right to pay the civil penalty provisions of the ticket. The
19 official, after a hearing, shall make a determination as to
20 whether a parking violation has been committed and may impose
21 a civil penalty not to exceed $100 or the fine amount
22 designated by county ordinance, plus court costs. Any person
23 who fails to pay the civil penalty within the time allowed by
24 the court is deemed to have been convicted of a parking ticket
25 violation, and the court shall take appropriate measures to
26 enforce collection of the fine.
27 Section 126. Subsection (2) of section 316.1975,
28 Florida Statutes, is amended to read:
29 316.1975 Unattended motor vehicle.--
30 (2) This section does not apply to the operator of:
31
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1 (a) An authorized emergency vehicle while in the
2 performance of official duties and the vehicle is equipped
3 with an activated antitheft device that prohibits the vehicle
4 from being driven; or
5 (b) A licensed delivery truck or other delivery
6 vehicle while making deliveries; or.
7 (c) A solid waste or recovered materials vehicle while
8 collecting such items.
9 Section 127. Section 316.2065, Florida Statutes, is
10 amended to read:
11 316.2065 Bicycle and motorized scooter regulations.--
12 (1) Every person propelling a vehicle by human power,
13 or operating a motorized scooter as defined in s. 316.003, has
14 all of the rights and all of the duties applicable to the
15 driver of any other vehicle under this chapter, except as to
16 special regulations in this chapter, and except as to
17 provisions of this chapter which by their nature can have no
18 application.
19 (2) A person operating a bicycle may not ride other
20 than upon or astride a permanent and regular seat attached
21 thereto.
22 (3)(a) A bicycle may not be used to carry more persons
23 at one time than the number for which it is designed or
24 equipped, except that an adult rider may carry a child
25 securely attached to his or her person in a backpack or sling.
26 (b) Except as provided in paragraph (a), a bicycle
27 rider must carry any passenger who is a child under 4 years of
28 age, or who weighs 40 pounds or less, in a seat or carrier
29 that is designed to carry a child of that age or size and that
30 secures and protects the child from the moving parts of the
31 bicycle.
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1 (c) A bicycle rider may not allow a passenger to
2 remain in a child seat or carrier on a bicycle when the rider
3 is not in immediate control of the bicycle.
4 (d) A bicycle rider or passenger who is under 16 years
5 of age must wear a bicycle helmet that is properly fitted and
6 is fastened securely upon the passenger's head by a strap, and
7 that meets the standards of the American National Standards
8 Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
9 standards of the Snell Memorial Foundation (1984 Standard for
10 Protective Headgear for Use in Bicycling), or any other
11 nationally recognized standards for bicycle helmets adopted by
12 the department. As used in this subsection, the term
13 "passenger" includes a child who is riding in a trailer or
14 semitrailer attached to a bicycle.
15 (e) Law enforcement officers and school crossing
16 guards may issue a bicycle safety brochure and a verbal
17 warning to a bicycle rider or passenger who violates this
18 subsection. A bicycle rider or passenger who violates this
19 subsection may be issued a citation by a law enforcement
20 officer and assessed a fine for a pedestrian violation, as
21 provided in s. 318.18. The court shall dismiss the charge
22 against a bicycle rider or passenger for a first violation of
23 paragraph (d) upon proof of purchase of a bicycle helmet that
24 complies with this subsection.
25 (f) A person operating a motorized scooter may not
26 carry passengers.
27 (4) No person riding upon any bicycle, coaster, roller
28 skates, sled, motorized scooter, or toy vehicle may attach the
29 same or himself or herself to any vehicle upon a roadway. This
30 subsection does not prohibit attaching a bicycle trailer or
31 bicycle semitrailer to a bicycle if that trailer or
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1 semitrailer is commercially available and has been designed
2 for such attachment.
3 (5)(a) Any person operating a bicycle upon a roadway
4 at less than the normal speed of traffic at the time and place
5 and under the conditions then existing shall ride as close as
6 practicable to the right-hand curb or edge of the roadway
7 except under any of the following situations:
8 1. When overtaking and passing another bicycle,
9 motorized scooter, or vehicle proceeding in the same
10 direction.
11 2. When preparing for a left turn at an intersection
12 or into a private road or driveway.
13 3. When reasonably necessary to avoid any condition,
14 including, but not limited to, a fixed or moving object,
15 parked or moving vehicle, bicycle, motorized scooter,
16 pedestrian, animal, surface hazard, or substandard-width lane,
17 that makes it unsafe to continue along the right-hand curb or
18 edge. For the purposes of this subsection, a
19 "substandard-width lane" is a lane that is too narrow for a
20 bicycle or motorized scooter and another vehicle to travel
21 safely side by side within the lane.
22 (b) Any person operating a bicycle or motorized
23 scooter upon a one-way highway with two or more marked traffic
24 lanes may ride as near the left-hand curb or edge of such
25 roadway as practicable.
26 (6) Persons riding bicycles or motorized scooters upon
27 a roadway may not ride more than two abreast except on paths
28 or parts of roadways set aside for the exclusive use of
29 bicycles. Persons riding two abreast may not impede traffic
30 when traveling at less than the normal speed of traffic at the
31
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1 time and place and under the conditions then existing and
2 shall ride within a single lane.
3 (7) Any person operating a bicycle or motorized
4 scooter shall keep at least one hand upon the handlebars.
5 (8) Every bicycle or motorized scooter in use between
6 sunset and sunrise shall be equipped with a lamp on the front
7 exhibiting a white light visible from a distance of at least
8 500 feet to the front and a lamp and reflector on the rear
9 each exhibiting a red light visible from a distance of 600
10 feet to the rear. A bicycle or motorized scooter its rider
11 may be equipped with lights or reflectors in addition to those
12 required by this section.
13 (9) No parent of any minor child and no guardian of
14 any minor ward may authorize or knowingly permit any such
15 minor child or ward to violate any of the provisions of this
16 section.
17 (10) A person propelling a vehicle by human power or
18 operating a motorized scooter, upon and along a sidewalk, or
19 across a roadway upon and along a crosswalk, has all the
20 rights and duties applicable to a pedestrian under the same
21 circumstances.
22 (11) A person propelling a bicycle upon and along a
23 sidewalk, or across a roadway upon and along a crosswalk,
24 shall yield the right-of-way to any pedestrian and shall give
25 an audible signal before overtaking and passing such
26 pedestrian.
27 (12) No person upon roller skates, or riding in or by
28 means of any coaster, toy vehicle, or similar device, may go
29 upon any roadway except while crossing a street on a
30 crosswalk; and, when so crossing, such person shall be granted
31
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1 all rights and shall be subject to all of the duties
2 applicable to pedestrians.
3 (13) This section shall not apply upon any street
4 while set aside as a play street authorized herein or as
5 designated by state, county, or municipal authority.
6 (14) Every bicycle and motorized scooter shall be
7 equipped with a brake or brakes which will enable its rider to
8 stop the bicycle or motorized scooter within 25 feet from a
9 speed of 10 miles per hour on dry, level, clean pavement.
10 (15) A person engaged in the business of selling
11 bicycles or motorized scooters at retail shall not sell such
12 any bicycle or motorized scooter unless it the bicycle has an
13 identifying number permanently stamped or cast on its frame.
14 (16)(a) A person may not knowingly rent or lease any
15 bicycle to be ridden by a child who is under the age of 16
16 years unless:
17 1. The child possesses a bicycle helmet; or
18 2. The lessor provides a bicycle helmet for the child
19 to wear.
20 (b) A violation of this subsection is a nonmoving
21 violation, punishable as provided in s. 318.18.
22 (17) The court may waive, reduce, or suspend payment
23 of any fine imposed under subsection (3) or subsection (16)
24 and may impose any other conditions on the waiver, reduction,
25 or suspension. If the court finds that a person does not have
26 sufficient funds to pay the fine, the court may require the
27 performance of a specified number of hours of community
28 service or attendance at a safety seminar.
29 (18) Notwithstanding s. 318.21, all proceeds collected
30 pursuant to s. 318.18 for violations under paragraphs (3)(e)
31
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1 and (16)(b) shall be deposited into the State Transportation
2 Trust Fund.
3 (19) The failure of a person to wear a bicycle helmet
4 or the failure of a parent or guardian to prevent a child from
5 riding a bicycle without a bicycle helmet may not be
6 considered evidence of negligence or contributory negligence.
7 (20) Except as otherwise provided in this section, a
8 violation of this section is a noncriminal traffic infraction,
9 punishable as a pedestrian violation as provided in chapter
10 318. A law enforcement officer may issue traffic citations for
11 a violation of subsection (3) or subsection (16) only if the
12 violation occurs on a bicycle path or road, as defined in s.
13 334.03. However, they may not issue citations to persons on
14 private property, except any part thereof which is open to the
15 use of the public for purposes of vehicular traffic.
16 Section 128. Subsection (2) of section 316.228,
17 Florida Statutes, is amended to read:
18 316.228 Lamps or flags on projecting load.--
19 (2) Any commercial motor vehicle or trailer, except as
20 stated in s. 316.515(7), transporting a load of unprocessed
21 logs or, long pulpwood, poles, or posts which load extends
22 extend more than 4 feet beyond the rear of the body or bed of
23 such vehicle, must have securely fixed as close as practical
24 to the end of any such projection one amber strobe-type lamp
25 equipped with a multidirectional type lens so mounted as to be
26 visible from the rear and both sides of the projecting load.
27 If the mounting of one strobe lamp cannot be accomplished so
28 that it is visible from the rear and both sides of the
29 projecting load, multiple strobe lights shall be utilized so
30 as to meet the visibility requirements of this subsection. The
31 strobe lamp must flash at a rate of at least 60 flashes per
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1 minute and must be plainly visible from a distance of at least
2 500 feet to the rear and sides of the projecting load at any
3 time of the day or night. The lamp must be operating at any
4 time of the day or night when the vehicle is operated on any
5 highway or parked on the shoulder or immediately adjacent to
6 the traveled portion of any public roadway. The projecting
7 load shall also be marked with a red flag as described in
8 subsection (1).
9 Section 129. Subsection (9) of section 316.2397,
10 Florida Statutes, is amended to read:
11 316.2397 Certain lights prohibited; exceptions.--
12 (9) Flashing red lights may be used by emergency
13 response vehicles of the Department of Environmental
14 Protection and the Department of Health when responding to an
15 emergency in the line of duty.
16 Section 130. Section 316.520, Florida Statutes, is
17 amended to read:
18 316.520 Loads on vehicles.--
19 (1) A vehicle may not be driven or moved on any
20 highway unless the vehicle is so constructed or loaded as to
21 prevent any of its load from dropping, shifting, leaking,
22 blowing, or otherwise escaping therefrom, except that sand may
23 be dropped only for the purpose of securing traction or water
24 or other substance may be sprinkled on a roadway in cleaning
25 or maintaining the roadway.
26 (2) It is the duty of every owner and driver,
27 severally, of any vehicle hauling, upon any public road or
28 highway open to the public, dirt, sand, lime rock, gravel,
29 silica, or other similar aggregate or trash, garbage, or any
30 similar material that could fall or blow from such vehicle, to
31 prevent such materials from falling, blowing, or in any way
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1 escaping from such vehicle. Covering and securing the load
2 with a close-fitting tarpaulin or other appropriate cover is
3 required.
4 (3) A violation of this section is a noncriminal
5 traffic infraction, punishable as a moving nonmoving violation
6 as provided in chapter 318.
7 (4) This section does not apply to vehicles carrying
8 agricultural products locally from a field harvest site to a
9 farm storage site or to a farm feed lot on roads where the
10 posted speed limit is 60 miles per hour or less and the
11 distance driven on public roads is less than 20 miles.
12 Section 131. Subsections (1), (2), and (3) of section
13 316.640, Florida Statutes, are amended to read:
14 316.640 Enforcement.--The enforcement of the traffic
15 laws of this state is vested as follows:
16 (1) STATE.--
17 (a)1.a. The Division of Florida Highway Patrol of the
18 Department of Highway Safety and Motor Vehicles, the Division
19 of Law Enforcement of the Fish and Wildlife Conservation
20 Commission, the Division of Law Enforcement of the Department
21 of Environmental Protection, and law enforcement officers of
22 the Department of Transportation each have authority to
23 enforce all of the traffic laws of this state on all the
24 streets and highways thereof and elsewhere throughout the
25 state wherever the public has a right to travel by motor
26 vehicle. The Division of the Florida Highway Patrol may employ
27 as a traffic accident investigation officer any individual who
28 successfully completes at least 200 hours of instruction in
29 traffic accident investigation and court presentation through
30 the Selective Traffic Enforcement Program as approved by the
31 Criminal Justice Standards and Training Commission and funded
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1 through the National Highway Traffic Safety Administration or
2 a similar program approved by the commission, but who does not
3 necessarily meet the uniform minimum standards established by
4 the commission for law enforcement officers or auxiliary law
5 enforcement officers under chapter 943. Any such traffic
6 accident investigation officer who makes an investigation at
7 the scene of a traffic accident may issue traffic citations,
8 based upon personal investigation, when he or she has
9 reasonable and probable grounds to believe that a person who
10 was involved in the accident committed an offense under this
11 chapter, chapter 319, chapter 320, or chapter 322 in
12 connection with the accident. This paragraph does not permit
13 the carrying of firearms or other weapons, nor do such
14 officers have arrest authority other than for the issuance of
15 a traffic citation as authorized in this paragraph.
16 b. University police officers shall have authority to
17 enforce all of the traffic laws of this state when such
18 violations occur on or about any property or facilities that
19 are under the guidance, supervision, regulation, or control of
20 a state university, a direct support organization of such
21 state university, or any other organization controlled by the
22 state university or a direct support organization of the state
23 university the State University System, except that traffic
24 laws may be enforced off-campus when hot pursuit originates
25 on-campus on or adjacent to any such property or facilities.
26 c. Community college police officers shall have the
27 authority to enforce all the traffic laws of this state only
28 when such violations occur on any property or facilities that
29 are under the guidance, supervision, regulation, or control of
30 the community college system.
31
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1 d. Police officers employed by an airport authority
2 shall have the authority to enforce all of the traffic laws of
3 this state only when such violations occur on any property or
4 facilities that are owned or operated by an airport authority.
5 (I) An airport authority may employ as a parking
6 enforcement specialist any individual who successfully
7 completes a training program established and approved by the
8 Criminal Justice Standards and Training Commission for parking
9 enforcement specialists but who does not otherwise meet the
10 uniform minimum standards established by the commission for
11 law enforcement officers or auxiliary or part-time officers
12 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
13 construed to permit the carrying of firearms or other weapons,
14 nor shall such parking enforcement specialist have arrest
15 authority.
16 (II) A parking enforcement specialist employed by an
17 airport authority is authorized to enforce all state, county,
18 and municipal laws and ordinances governing parking only when
19 such violations are on property or facilities owned or
20 operated by the airport authority employing the specialist, by
21 appropriate state, county, or municipal traffic citation.
22 e. The Office of Agricultural Law Enforcement of the
23 Department of Agriculture and Consumer Services shall have the
24 authority to enforce traffic laws of this state only as
25 authorized by the provisions of chapter 570. However, nothing
26 in this section shall expand the authority of the Office of
27 Agricultural Law Enforcement at its agricultural inspection
28 stations to issue any traffic tickets except those traffic
29 tickets for vehicles illegally passing the inspection station.
30 f. School safety officers shall have the authority to
31 enforce all of the traffic laws of this state when such
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1 violations occur on or about any property or facilities which
2 are under the guidance, supervision, regulation, or control of
3 the district school board.
4 2. An agency of the state as described in subparagraph
5 1. is prohibited from establishing a traffic citation quota. A
6 violation of this subparagraph is not subject to the penalties
7 provided in chapter 318.
8 3. Any disciplinary action taken or performance
9 evaluation conducted by an agency of the state as described in
10 subparagraph 1. of a law enforcement officer's traffic
11 enforcement activity must be in accordance with written
12 work-performance standards. Such standards must be approved by
13 the agency and any collective bargaining unit representing
14 such law enforcement officer. A violation of this subparagraph
15 is not subject to the penalties provided in chapter 318.
16 (b)1. The Department of Transportation has authority
17 to enforce on all the streets and highways of this state all
18 laws applicable within its authority.
19 2.a. The Department of Transportation shall develop
20 training and qualifications standards for toll enforcement
21 officers whose sole authority is to enforce the payment of
22 tolls pursuant to s. 316.1001. Nothing in this subparagraph
23 shall be construed to permit the carrying of firearms or other
24 weapons, nor shall a toll enforcement officer have arrest
25 authority.
26 b. For the purpose of enforcing s. 316.1001,
27 governmental entities, as defined in s. 334.03, which own or
28 operate a toll facility may employ independent contractors or
29 designate employees as toll enforcement officers; however, any
30 such toll enforcement officer must successfully meet the
31
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1 training and qualifications standards for toll enforcement
2 officers established by the Department of Transportation.
3 (2) COUNTIES.--
4 (a) The sheriff's office of each of the several
5 counties of this state shall enforce all of the traffic laws
6 of this state on all the streets and highways thereof and
7 elsewhere throughout the county wherever the public has the
8 right to travel by motor vehicle. In addition, the sheriff's
9 office may be required by the county to enforce the traffic
10 laws of this state on any private or limited access road or
11 roads over which the county has jurisdiction pursuant to a
12 written agreement entered into under s. 316.006(3)(b).
13 (b) The sheriff's office of each county may employ as
14 a traffic crash investigation officer any individual who
15 successfully completes at least 200 hours of instruction in
16 traffic crash investigation and court presentation through the
17 Selective Traffic Enforcement Program (STEP) as approved by
18 the Criminal Justice Standards and Training Commission and
19 funded through the National Highway Traffic Safety
20 Administration (NHTSA) or a similar program approved by the
21 commission, but who does not necessarily otherwise meet the
22 uniform minimum standards established by the commission for
23 law enforcement officers or auxiliary law enforcement officers
24 under chapter 943. Any such traffic crash investigation
25 officer who makes an investigation at the scene of a traffic
26 crash may issue traffic citations when, based upon personal
27 investigation, he or she has reasonable and probable grounds
28 to believe that a person who was involved in the crash has
29 committed an offense under this chapter, chapter 319, chapter
30 320, or chapter 322 in connection with the crash accident.
31 This paragraph does not permit the carrying of firearms or
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1 other weapons, nor do such officers have arrest authority
2 other than for the issuance of a traffic citation as
3 authorized in this paragraph.
4 (c) The sheriff's office of each of the several
5 counties of this state may employ as a parking enforcement
6 specialist any individual who successfully completes a
7 training program established and approved by the Criminal
8 Justice Standards and Training Commission for parking
9 enforcement specialists, but who does not necessarily
10 otherwise meet the uniform minimum standards established by
11 the commission for law enforcement officers or auxiliary or
12 part-time officers under s. 943.12.
13 1. A parking enforcement specialist employed by the
14 sheriff's office of each of the several counties of this state
15 is authorized to enforce all state and county laws,
16 ordinances, regulations, and official signs governing parking
17 within the unincorporated areas of the county by appropriate
18 state or county citation and may issue such citations for
19 parking in violation of signs erected pursuant to s.
20 316.006(3) at parking areas located on property owned or
21 leased by a county, whether or not such areas are within the
22 boundaries of a chartered municipality.
23 2. A parking enforcement specialist employed pursuant
24 to this subsection shall not carry firearms or other weapons
25 or have arrest authority.
26 (3) MUNICIPALITIES.--
27 (a) The police department of each chartered
28 municipality shall enforce the traffic laws of this state on
29 all the streets and highways thereof and elsewhere throughout
30 the municipality wherever the public has the right to travel
31 by motor vehicle. In addition, the police department may be
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1 required by a municipality to enforce the traffic laws of this
2 state on any private or limited access road or roads over
3 which the municipality has jurisdiction pursuant to a written
4 agreement entered into under s. 316.006(2)(b). However,
5 nothing in this chapter shall affect any law, general,
6 special, or otherwise, in effect on January 1, 1972, relating
7 to "hot pursuit" without the boundaries of the municipality.
8 (b) The police department of a chartered municipality
9 may employ as a traffic crash investigation officer any
10 individual who successfully completes at least 200 hours of
11 instruction in traffic crash investigation and court
12 presentation through the Selective Traffic Enforcement Program
13 (STEP) as approved by the Criminal Justice Standards and
14 Training Commission and funded through the National Highway
15 Traffic Safety Administration (NHTSA) or a similar program
16 approved by the commission, but who does not otherwise meet
17 the uniform minimum standards established by the commission
18 for law enforcement officers or auxiliary law enforcement
19 officers under chapter 943. Any such traffic crash
20 investigation officer who makes an investigation at the scene
21 of a traffic crash is authorized to issue traffic citations
22 when, based upon personal investigation, he or she has
23 reasonable and probable grounds to believe that a person
24 involved in the crash has committed an offense under the
25 provisions of this chapter, chapter 319, chapter 320, or
26 chapter 322 in connection with the crash. Nothing in This
27 paragraph does not shall be construed to permit the carrying
28 of firearms or other weapons, nor do shall such officers have
29 arrest authority other than for the issuance of a traffic
30 citation as authorized above.
31
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1 (c)1. A chartered municipality or its authorized
2 agency or instrumentality may employ as a parking enforcement
3 specialist any individual who successfully completes a
4 training program established and approved by the Criminal
5 Justice Standards and Training Commission for parking
6 enforcement specialists, but who does not otherwise meet the
7 uniform minimum standards established by the commission for
8 law enforcement officers or auxiliary or part-time officers
9 under s. 943.12.
10 2. A parking enforcement specialist employed by a
11 chartered municipality or its authorized agency or
12 instrumentality is authorized to enforce all state, county,
13 and municipal laws and ordinances governing parking within the
14 boundaries of the municipality employing the specialist, by
15 appropriate state, county, or municipal traffic citation.
16 Nothing in this paragraph shall be construed to permit the
17 carrying of firearms or other weapons, nor shall such a
18 parking enforcement specialist have arrest authority.
19 3. A parking enforcement specialist employed pursuant
20 to this subsection may not carry firearms or other weapons or
21 have arrest authority.
22 Section 132. Subsection (3) of section 316.650,
23 Florida Statutes, is amended to read:
24 316.650 Traffic citations.--
25 (3) Every traffic enforcement officer, upon issuing a
26 traffic citation to an alleged violator of any provision of
27 the motor vehicle laws of this state or of any traffic
28 ordinance of any city or town, shall deposit the original and
29 one copy of such traffic citation or, in the case of a traffic
30 enforcement agency which has an automated citation issuance
31 system, shall provide an electronic facsimile with a court
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1 having jurisdiction over the alleged offense or with its
2 traffic violations bureau within 5 days after issuance to the
3 violator. If a law enforcement officer distributes additional
4 information, such information shall be a copy of the traffic
5 school reference guide.
6 Section 133. Subsection (9) of section 318.14, Florida
7 Statutes, is amended to read:
8 318.14 Noncriminal traffic infractions; exception;
9 procedures.--
10 (9) Any person who is cited for an infraction under
11 this section other than a violation of s. 320.0605, s.
12 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
13 s. 322.62 may, in lieu of a court appearance, elect to attend
14 in the location of his or her choice within this state a basic
15 driver improvement course approved by the Department of
16 Highway Safety and Motor Vehicles. In such a case,
17 adjudication must be withheld; points, as provided by s.
18 322.27, may not be assessed; and the civil penalty that is
19 imposed by s. 318.18(3) must be reduced by 18 percent;
20 however, a person may not make an election under this
21 subsection if the person has made an election under this
22 subsection in the preceding 12 months. A person may make no
23 more than five elections under this subsection. The
24 requirement for community service under s. 318.18(8) is not
25 waived by a plea of nolo contendere or by the withholding of
26 adjudication of guilt by a court.
27 Section 134. Subsection (6) and paragraph (a) of
28 subsection (8) of section 318.18, Florida Statutes, are
29 amended to read:
30
31
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1 318.18 Amount of civil penalties.--The penalties
2 required for a noncriminal disposition pursuant to s. 318.14
3 are as follows:
4 (6) One hundred dollars or the fine amount designated
5 by county ordinance, plus court costs for illegally parking,
6 under s. 316.1955, in a parking space provided for people who
7 have disabilities. However, this fine will be waived if a
8 person provides to the law enforcement agency that issued the
9 citation for such a violation proof that the person committing
10 the violation has a valid parking permit or license plate
11 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
12 320.0845, or s. 320.0848 or a signed affidavit that the owner
13 of the disabled parking permit or license plate was present at
14 the time the violation occurred, and that such a parking
15 permit or license plate was valid at the time the violation
16 occurred. The law enforcement officer, upon determining that
17 all required documentation has been submitted verifying that
18 the required parking permit or license plate was valid at the
19 time of the violation, must sign an affidavit of compliance.
20 Upon provision of the affidavit of compliance and payment of a
21 $5 dismissal fee to the clerk of the circuit court, the clerk
22 shall dismiss the citation.
23 (8)(a) Any person who fails to comply with the court's
24 requirements or who fails to pay the civil penalties specified
25 in this section within the 30-day period provided for in s.
26 318.14 must pay an additional civil penalty of $12, $2.50 of
27 which must be deposited into the General Revenue Fund, and
28 $9.50 of which must be deposited in the Highway Safety
29 Operating Trust Fund. There is hereby appropriated from the
30 Highway Safety Operating Trust Fund for fiscal year 1996-1997
31 the amount of $4 million. From this appropriation the
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1 department shall contract with the Florida Association of
2 Court Clerks, Inc., to design, establish, operate, upgrade,
3 and maintain an automated statewide Uniform Traffic Citation
4 Accounting System to be operated by the clerks of the court
5 which shall include, but not be limited to, the accounting for
6 traffic infractions by type, a record of the disposition of
7 the citations, and an accounting system for the fines assessed
8 and the subsequent fine amounts paid to the clerks of the
9 court. On or before December 1, 2002 2001, the clerks of the
10 court must provide the information required by this chapter to
11 be transmitted to the department by electronic transmission
12 pursuant to the contract.
13 (b) Any person who fails to comply with the court's
14 requirements as to civil penalties specified in this section
15 due to demonstrable financial hardship shall be authorized to
16 satisfy such civil penalties by public works or community
17 service. Each hour of such service shall be applied, at the
18 rate of the minimum wage, toward payment of the person's civil
19 penalties; provided, however, that if the person has a trade
20 or profession for which there is a community service need and
21 application, the rate for each hour of such service shall be
22 the average standard wage for such trade or profession. Any
23 person who fails to comply with the court's requirements as to
24 such civil penalties who does not demonstrate financial
25 hardship may also, at the discretion of the court, be
26 authorized to satisfy such civil penalties by public works or
27 community service in the same manner.
28 (c) If the noncriminal infraction has caused or
29 resulted in the death of another, the person who committed the
30 infraction may perform 120 community service hours under s.
31 316.027(4), in addition to any other penalties.
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1 Section 135. Paragraph (b) of subsection (1) and
2 subsection (2) of section 322.0261, Florida Statutes, are
3 amended to read:
4 322.0261 Mandatory driver improvement course; certain
5 crashes.--
6 (1) The department shall screen crash reports received
7 under s. 316.066 or s. 324.051 to identify crashes involving
8 the following:
9 (b) A second crash by the same operator within the
10 previous 2-year period involving property damage in an
11 apparent amount of at least $2,500 $500.
12 (2) With respect to an operator convicted of, or who
13 pleaded nolo contendere to, a traffic offense giving rise to a
14 crash identified pursuant to subsection (1), the department
15 shall require that the operator, in addition to other
16 applicable penalties, attend a departmentally approved basic
17 driver improvement course in order to maintain driving
18 privileges. If the operator fails to complete the course
19 within 90 days of receiving notice from the department, the
20 operator's driver's license shall be canceled by the
21 department until the course is successfully completed.
22 Section 136. Section 322.02615, Florida Statutes, is
23 created to read:
24 322.02615 Mandatory driver improvement course; certain
25 violations.--
26 (1) The department shall screen reports of convictions
27 for violations of chapter 316 to identify operators who:
28 (a) Are less than 21 years of age and have been
29 convicted of, or pleaded nolo contendere to, a noncriminal
30 moving infraction and have also been convicted of, or pleaded
31
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1 nolo contendere to, another noncriminal moving infraction
2 since initial license issuance.
3 (b) Have been convicted of, or pleaded nolo contendere
4 to, more than one noncriminal moving infraction in a 12-month
5 period.
6 (2) With respect to an operator convicted of, or who
7 has pleaded nolo contendere to, a noncriminal traffic offense
8 identified under subsection (1), the department shall require
9 that the operator, in addition to other applicable penalties,
10 attend a departmentally approved basic driver improvement
11 course in order to maintain driving privileges. If the
12 operator fails to complete the course within 90 days after
13 receiving notice from the department, the operator's driver's
14 license shall be suspended by the department until the course
15 is successfully completed.
16 (3) Attendance of a course approved by the department
17 as a driver improvement course for purposes of s. 318.14(9)
18 shall satisfy the requirements of this section. However,
19 attendance of a course as required by this section is not
20 included in the limitation on course elections under s.
21 318.14(9).
22 Section 137. Subsection (5) of section 318.1451,
23 Florida Statutes, is amended to read:
24 318.1451 Driver improvement schools.--
25 (5)(a) No governmental entity or court shall provide,
26 issue, or maintain any information or orders regarding driver
27 improvement schools or course providers, with the exception of
28 the traffic school reference guide or course provider list
29 referred to in paragraph (b) directing inquiries or requests
30 to the local telephone directory heading of driving
31 instruction or the traffic school reference guide. However,
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1 the department is authorized to maintain the information and
2 records necessary to administer its duties and
3 responsibilities for driver improvement courses. Where such
4 information is a public record as defined in chapter 119, it
5 shall be made available to the public upon request pursuant to
6 s. 119.07(1). Course providers receiving requests for
7 information about traffic schools from geographic areas that
8 they do not serve shall provide a telephone number for a
9 course provider that they believe services such geographic
10 area.
11 (b) The department shall prepare for any governmental
12 entity or court to distribute a traffic school reference guide
13 which shall list the benefits of attending a driver
14 improvement school and contain the names of the fully approved
15 course providers with a single telephone number for each such
16 provider, as furnished by the provider. The cost of producing
17 the traffic school reference guide must be assumed equally by
18 providers electing to have their course included in the guide.
19 Clerks of court may reproduce the traffic school reference
20 guide course provider list, provided that each name is rotated
21 on each reproduction so that each provider occupies each
22 position on the list in a equitable manner, but under no
23 circumstance may any list of course providers or schools be
24 included, and shall refer further inquiries to the telephone
25 directory under driving instruction.
26 Section 138. Section 319.001, Florida Statutes, is
27 amended to read:
28 319.001 Definitions.--As used in this chapter, the
29 term:
30 (1) "Department" means the Department of Highway
31 Safety and Motor Vehicles.
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1 (2) "Front-end assembly" means fenders, hood, grill,
2 and bumper.
3 (3)(2) "Licensed dealer," unless otherwise
4 specifically provided, means a motor vehicle dealer licensed
5 under s. 320.27, a mobile home dealer licensed under s.
6 320.77, or a recreational vehicle dealer licensed under s.
7 320.771.
8 (4) "Motorcycle body assembly" means frame, fenders,
9 and gas tanks.
10 (5) "Motorcycle engine" means cylinder block, heads,
11 engine case, and crank case.
12 (6) "Motorcycle transmission" means drive train.
13 (7)(3) "New mobile home" means a mobile home the
14 equitable or legal title to which has never been transferred
15 by a manufacturer, distributor, importer, or dealer to an
16 ultimate purchaser.
17 (8)(4) "New motor vehicle" means a motor vehicle the
18 equitable or legal title to which has never been transferred
19 by a manufacturer, distributor, importer, or dealer to an
20 ultimate purchaser; however, when legal title is not
21 transferred but possession of a motor vehicle is transferred
22 pursuant to a conditional sales contract or lease and the
23 conditions are not satisfied and the vehicle is returned to
24 the motor vehicle dealer, the motor vehicle may be resold by
25 the motor vehicle dealer as a new motor vehicle, provided the
26 selling motor vehicle dealer gives the following written
27 notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A
28 PREVIOUS PURCHASER." The purchaser shall sign an
29 acknowledgment, a copy of which is kept in the selling
30 dealer's file.
31
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1 (9) "Rear body section" means both quarter panels,
2 decklid, bumper, and floor pan.
3 (10)(5) "Satisfaction of lien" means full payment of a
4 debt or release of a debtor from a lien by the lienholder.
5 (11)(6) "Used motor vehicle" means any motor vehicle
6 that is not a "new motor vehicle" as defined in subsection
7 (8)(4).
8 Section 139. Subsections (1), (2), and (3) of section
9 319.14, Florida Statutes, are amended, subsections (6), (7),
10 and (8) are renumbered as subsections (7), (8), and (9),
11 respectively, and a new subsection (6) is added to said
12 section, to read:
13 319.14 Sale of motor vehicles registered or used as
14 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
15 and nonconforming vehicles.--
16 (1)(a) No person shall knowingly offer for sale, sell,
17 or exchange any vehicle that has been licensed, registered, or
18 used as a taxicab, police vehicle, or short-term-lease
19 vehicle, or a vehicle that has been repurchased by a
20 manufacturer pursuant to a settlement, determination, or
21 decision under chapter 681, until the department has stamped
22 in a conspicuous place on the certificate of title of the
23 vehicle, or its duplicate, words stating the nature of the
24 previous use of the vehicle or the title has been stamped
25 "Manufacturer's Buy Back" to reflect that the vehicle is a
26 nonconforming vehicle. If the certificate of title or
27 duplicate was not so stamped upon initial issuance thereof or
28 if, subsequent to initial issuance of the title, the use of
29 the vehicle is changed to a use requiring the notation
30 provided for in this section, the owner or lienholder of the
31 vehicle shall surrender the certificate of title or duplicate
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1 to the department prior to offering the vehicle for sale, and
2 the department shall stamp the certificate or duplicate as
3 required herein. When a vehicle has been repurchased by a
4 manufacturer pursuant to a settlement, determination, or
5 decision under chapter 681, the title shall be stamped
6 "Manufacturer's Buy Back" to reflect that the vehicle is a
7 nonconforming vehicle.
8 (b) No person shall knowingly offer for sale, sell, or
9 exchange a rebuilt vehicle until the department has stamped in
10 a conspicuous place on the certificate of title for the
11 vehicle words stating that the vehicle has been rebuilt or,
12 assembled from parts, or combined, or is a kit car, glider
13 kit, replica, or flood vehicle unless proper application for a
14 certificate of title for a vehicle that is rebuilt or,
15 assembled from parts, or combined, or is a kit car, glider
16 kit, replica, or flood vehicle has been made to the department
17 in accordance with this chapter and the department or its
18 agent has conducted the physical examination of the vehicle to
19 assure the identity of the vehicle and all major component
20 parts, as defined in s. 319.30(1)(e), which have been repaired
21 or replaced. Thereafter, the department shall affix a decal to
22 the vehicle, in the manner prescribed by the department,
23 showing the vehicle to be rebuilt.
24 (c) As used in this section:
25 1. "Police vehicle" means a motor vehicle owned or
26 leased by the state or a county or municipality and used in
27 law enforcement.
28 2.a. "Short-term-lease vehicle" means a motor vehicle
29 leased without a driver and under a written agreement to one
30 or more persons from time to time for a period of less than 12
31 months.
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1 b. "Long-term-lease vehicle" means a motor vehicle
2 leased without a driver and under a written agreement to one
3 person for a period of 12 months or longer.
4 c. "Lease vehicle" includes both short-term-lease
5 vehicles and long-term-lease vehicles.
6 3. "Rebuilt vehicle" means a motor vehicle or mobile
7 home built from salvage or junk, as defined in s. 319.30(1).
8 4. "Assembled from parts" means a motor vehicle or
9 mobile home assembled from parts or combined from parts of
10 motor vehicles or mobile homes, new or used. "Assembled from
11 parts" does not mean a motor vehicle defined as a "rebuilt
12 vehicle" in subparagraph 3., which has been declared a total
13 loss pursuant to s. 319.30.
14 5. "Combined" means assembled by combining two motor
15 vehicles neither of which has been titled and branded as
16 "Salvage Unrebuildable."
17 5.6. "Kit car" means a motor vehicle assembled with a
18 kit supplied by a manufacturer to rebuild a wrecked or
19 outdated motor vehicle with a new body kit.
20 6.7. "Glider kit" means a vehicle assembled with a kit
21 supplied by a manufacturer to rebuild a wrecked or outdated
22 truck or truck tractor.
23 7.8. "Replica" means a complete new motor vehicle
24 manufactured to look like an old vehicle.
25 8.9. "Flood vehicle" means a motor vehicle or mobile
26 home that has been declared to be a total loss pursuant to s.
27 319.30(3)(a) resulting from damage caused by water.
28 9.10. "Nonconforming vehicle" means a motor vehicle
29 which has been purchased by a manufacturer pursuant to a
30 settlement, determination, or decision under chapter 681.
31
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1 10.11. "Settlement" means an agreement entered into
2 between a manufacturer and a consumer that occurs after a
3 dispute is submitted to a program, or an informal dispute
4 settlement procedure established by a manufacturer or is
5 approved for arbitration before the New Motor Vehicle
6 Arbitration Board as defined in s. 681.102.
7 (2) No person shall knowingly sell, exchange, or
8 transfer a vehicle referred to in subsection (1) without,
9 prior to consummating the sale, exchange, or transfer,
10 disclosing in writing to the purchaser, customer, or
11 transferee the fact that the vehicle has previously been
12 titled, registered, or used as a taxicab, police vehicle, or
13 short-term-lease vehicle or is a vehicle that is rebuilt or,
14 assembled from parts, or combined, or is a kit car, glider
15 kit, replica, or flood vehicle, or is a nonconforming vehicle,
16 as the case may be.
17 (3) Any person who, with intent to offer for sale or
18 exchange any vehicle referred to in subsection (1), knowingly
19 or intentionally advertises, publishes, disseminates,
20 circulates, or places before the public in any communications
21 medium, whether directly or indirectly, any offer to sell or
22 exchange the vehicle shall clearly and precisely state in each
23 such offer that the vehicle has previously been titled,
24 registered, or used as a taxicab, police vehicle, or
25 short-term-lease vehicle or that the vehicle or mobile home is
26 a vehicle that is rebuilt or, assembled from parts, or
27 combined, or is a kit car, glider kit, replica, or flood
28 vehicle, or a nonconforming vehicle, as the case may be. Any
29 person who violates this subsection is guilty of a misdemeanor
30 of the second degree, punishable as provided in s. 775.082 or
31 s. 775.083.
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1 (6) Any person who removes a rebuilt decal from a
2 rebuilt vehicle or who knowingly possesses a rebuilt vehicle
3 from which a rebuilt decal has been removed is guilty of a
4 felony of the third degree punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 Section 140. Paragraph (c) of subsection (3) and
7 subsection (5) of section 319.23, Florida Statutes, is amended
8 and a new subsection (11) is added to that section to read:
9 319.23 Application for, and issuance of, certificate
10 of title.--
11 (3) If a certificate of title has not previously been
12 issued for a motor vehicle or mobile home in this state, the
13 application, unless otherwise provided for in this chapter,
14 shall be accompanied by a proper bill of sale or sworn
15 statement of ownership, or a duly certified copy thereof, or
16 by a certificate of title, bill of sale, or other evidence of
17 ownership required by the law of the state or county from
18 which the motor vehicle or mobile home was brought into this
19 state. The application shall also be accompanied by:
20 (c) If the vehicle is an ancient or antique vehicle,
21 as defined in s. 320.086, the application shall be accompanied
22 by a certificate of title; a bill of sale and a registration;
23 or a bill of sale and an affidavit by the owner defending the
24 title from all claims. The bill of sale must contain a
25 complete vehicle description to include the vehicle
26 identification or engine number, year make, color, selling
27 price, and signatures of the seller and purchaser.
28
29 Verification of the vehicle identification number is not
30 required for any new motor vehicle; any mobile home; any
31 trailer or semitrailer with a net weight of less than 2,000
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1 pounds; or any travel trailer, camping trailer, truck camper,
2 or fifth-wheel recreation trailer.
3 (5) The certificate of title issued by the department
4 for a motor vehicle or mobile home previously registered
5 outside this state shall give the name of the state or country
6 in which the vehicle was last registered outside this state.
7 The department shall retain the evidence of title presented by
8 the applicant and based on which the certificate of title is
9 issued. The department shall use reasonable diligence in
10 ascertaining whether or not the facts in the application are
11 true; and, if satisfied that the applicant is the owner of the
12 motor vehicle or mobile home and that the application is in
13 the proper form, it shall issue a certificate of title.
14 (11) The department is not required to retain any
15 evidence of title presented by the applicant and based on
16 which the certificate of title issued.
17 Section 141. Paragraph (a) of subsection (1) of
18 section 319.28, Florida Statutes, is amended to read:
19 319.28 Transfer of ownership by operation of law.--
20 (1)(a) In the event of the transfer of ownership of a
21 motor vehicle or mobile home by operation of law as upon
22 inheritance, devise or bequest, order in bankruptcy,
23 insolvency, replevin, attachment, execution or other judicial
24 sale or whenever the engine of a motor vehicle is replaced by
25 another engine or whenever a motor vehicle is sold to satisfy
26 storage or repair charges or repossession is had upon default
27 in performance of the terms of a security agreement, chattel
28 mortgage, conditional sales contract, trust receipt, or other
29 like agreement, and upon the surrender of the prior
30 certificate of title or, when that is not possible,
31 presentation of satisfactory proof to the department of
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1 ownership and right of possession to such motor vehicle or
2 mobile home, and upon payment of the fee prescribed by law and
3 presentation of an application for certificate of title, the
4 department may issue to the applicant a certificate of title
5 thereto. If the application is predicated upon a security
6 agreement, chattel mortgage, conditional sales contract, trust
7 receipt, or other like agreement, the original instrument or a
8 certified copy thereof shall accompany the application;
9 however, if an owner under a chattel mortgage voluntarily
10 surrenders possession of the motor vehicle or mobile home, the
11 original or a certified copy of the chattel mortgage shall
12 accompany the application for a certificate of title and it
13 shall not be necessary to institute proceedings in any court
14 to foreclose such mortgage.
15 Section 142. Paragraphs (e) and (f) of subsection (1)
16 and paragraph (b) of subsection (3) of section 319.30, Florida
17 Statutes, are amended to read:
18 319.30 Definitions; dismantling, destruction, change
19 of identity of motor vehicle or mobile home; salvage.--
20 (1) As used in this section, the term:
21 (e) "Major component parts" means:
22 1. For motor vehicles other than motorcycles: the
23 front-end assembly (fenders, hood, grill, bumper), cowl
24 assembly, rear body section (both quarter panels, decklid,
25 bumper), floor pan, door assemblies, engine, frame,
26 transmission, and airbag.
27 2. For trucks, in addition to 1. above: the truck
28 bed.
29 3. For motorcycles: body assembly, frame, fenders,
30 gas tanks, engine, cylinder block, heads, engine case, crank
31
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1 case, transmission, drive train, front fork assembly, and
2 wheels.
3 4. For mobile homes: the frame. the front-end
4 assembly (fenders, hood, grill, and bumper); cowl assembly;
5 rear body section (both quarter panels, decklid, bumper, and
6 floor pan); door assemblies; engine; frame; or transmission.
7 (f) "Major part" means the front-end assembly
8 (fenders, hood, grill, and bumper); cowl assembly; or rear
9 body section (both quarter panels, decklid, bumper, and floor
10 pan).
11 (3)
12 (b) The owner of any motor vehicle or mobile home
13 which is considered to be salvage shall, within 72 hours after
14 the motor vehicle or mobile home becomes salvage, forward the
15 title to the motor vehicle or mobile home to the department
16 for processing. However, an insurance company which pays money
17 as compensation for total loss of a motor vehicle or mobile
18 home shall obtain the certificate of title for the motor
19 vehicle or mobile home and, within 72 hours after receiving
20 such certificate of title, shall forward such title to the
21 department for processing. The owner or insurance company, as
22 the case may be, may not dispose of a vehicle or mobile home
23 that is a total loss before it has obtained a salvage
24 certificate of title or certificate of destruction from the
25 department. When applying for a salvage certificate of title
26 or certificate of destruction, the owner or insurance company
27 must provide the department with an estimate of the costs of
28 repairing the physical and mechanical damage suffered by the
29 vehicle for which a salvage certificate of title or
30 certificate of destruction is sought. If the estimated costs
31 of repairing the physical and mechanical damage to the vehicle
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1 are equal to 80 percent or more of the current retail cost of
2 the vehicle, as established in any official used car or used
3 mobile home guide, the department shall declare the vehicle
4 unrebuildable and print a certificate of destruction, which
5 authorizes the dismantling or destruction of the motor vehicle
6 or mobile home described therein. This certificate of
7 destruction shall be reassignable a maximum of two times
8 before dismantling or destruction of the vehicle shall be
9 required, and shall accompany the motor vehicle or mobile home
10 for which it is issued, when such motor vehicle or mobile home
11 is sold for such purposes, in lieu of a certificate of title,
12 and, thereafter, the department shall refuse issuance of any
13 certificate of title for that vehicle. Nothing in this
14 subsection shall be applicable when a vehicle is worth less
15 than $1,500 retail in undamaged condition in any official used
16 motor vehicle guide or used mobile home guide. An insurer
17 paying a total loss claim may obtain a certificate of
18 destruction for such vehicle. or When a stolen motor vehicle
19 or mobile home is recovered in substantially intact condition
20 and is readily resalable without extensive repairs to or
21 replacement of the frame or engine, the insurer shall obtain a
22 certificate of title in its own name before the vehicle may be
23 sold or transferred. Any person who willfully and deliberately
24 violates this paragraph or falsifies any document to avoid the
25 requirements of this paragraph commits a misdemeanor of the
26 first degree, punishable as provided in s. 775.082 or s.
27 775.083.
28 Section 143. Subsection (1) of section 320.01, Florida
29 Statutes, is amended to read:
30 320.01 Definitions, general.--As used in the Florida
31 Statutes, except as otherwise provided, the term:
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1 (1) "Motor vehicle" means:
2 (a) An automobile, motorcycle, truck, trailer,
3 semitrailer, truck tractor and semitrailer combination, or any
4 other vehicle operated on the roads of this state, used to
5 transport persons or property, and propelled by power other
6 than muscular power, but the term does not include traction
7 engines, road rollers, such vehicles as run only upon a track,
8 bicycles, motorized scooters, or mopeds.
9 (b) A recreational vehicle-type unit primarily
10 designed as temporary living quarters for recreational,
11 camping, or travel use, which either has its own motive power
12 or is mounted on or drawn by another vehicle. Recreational
13 vehicle-type units, when traveling on the public roadways of
14 this state, must comply with the length and width provisions
15 of s. 316.515, as that section may hereafter be amended. As
16 defined below, the basic entities are:
17 1. The "travel trailer," which is a vehicular portable
18 unit, mounted on wheels, of such a size or weight as not to
19 require special highway movement permits when drawn by a
20 motorized vehicle. It is primarily designed and constructed to
21 provide temporary living quarters for recreational, camping,
22 or travel use. It has a body width of no more than 8 1/2 feet
23 and an overall body length of no more than 40 feet when
24 factory-equipped for the road.
25 2. The "camping trailer," which is a vehicular
26 portable unit mounted on wheels and constructed with
27 collapsible partial sidewalls which fold for towing by another
28 vehicle and unfold at the campsite to provide temporary living
29 quarters for recreational, camping, or travel use.
30 3. The "truck camper," which is a truck equipped with
31 a portable unit designed to be loaded onto, or affixed to, the
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