House Bill hb0261e3
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CS/HB 261, Third Engrossed
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 20.23, F.S.; revising language with respect to
4 the organization of the department; changing
5 the turnpike district into a turnpike
6 enterprise; exempting the turnpike enterprise
7 from department policies, procedures, and
8 standards, subject to the Secretary of
9 Transportation's decision to apply such
10 requirements; providing exceptions to said
11 exemptions; giving the secretary authority to
12 promulgate rules under certain conditions that
13 will assist the turnpike enterprise in using
14 best business practices; amending s. 206.46,
15 F.S.; increasing the debt service cap with
16 respect to the State Transportation Trust Fund;
17 amending s. 316.302, F.S.; revising a date
18 concerning commercial motor vehicles to conform
19 to federal regulations; authorizing the
20 department's Motor Carrier Compliance officers,
21 and duly appointed agents holding a safety
22 inspector certification from the Commercial
23 Vehicle Safety Alliance, to stop commercial
24 motor vehicles for inspection of the vehicle
25 and driver's records; providing that other law
26 enforcement officers may enforce commercial
27 motor vehicle regulations under certain
28 conditions; requiring that unsafe vehicles and
29 drivers be removed from service under certain
30 conditions; amending s. 316.3025, F.S.;
31 updating a cross reference to federal trucking
1
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CS/HB 261, Third Engrossed
1 regulations; amending s. 316.515, F.S.;
2 deleting a requirement for a department permit
3 with respect to the height of automobile
4 transporters; amending s. 316.535, F.S.; adding
5 weight requirements for certain commercial
6 trucks; amending s. 316.545, F.S.; correcting a
7 cross reference; providing for the discretion
8 of the department to detain commercial vehicles
9 until certain penalties are paid; amending s.
10 334.044, F.S.; providing for officers employed
11 by the department's Office of Motor Carrier
12 Compliance and specifying duties and
13 responsibilities of said officers; authorizing
14 appointment of part-time and auxiliary
15 officers; amending s. 337.025, F.S.;
16 eliminating cap on innovative highway projects
17 for the turnpike enterprise; amending s.
18 337.11, F.S.; raising the cap on certain
19 contracts into which the department can enter
20 without first obtaining bids; providing an
21 exemption for a turnpike enterprise project;
22 revising provisions for design-build contracts;
23 amending s. 337.185, F.S.; clarifying
24 application of limitation on certain claims
25 brought before the State Arbitration Board;
26 amending s. 338.22, F.S.; redesignating the
27 Florida Turnpike Law as the Florida Turnpike
28 Enterprise Law; amending s. 338.221, F.S.;
29 amending the term "economically feasible" as
30 used with respect to turnpike projects;
31 creating s. 338.2215, F.S.; providing
2
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CS/HB 261, Third Engrossed
1 legislative findings, policy, purpose, and
2 intent for the Florida Turnpike Enterprise;
3 creating s. 338.2216, F.S.; prescribing the
4 power and authority of the turnpike enterprise;
5 amending s. 338.223, F.S.; increasing the
6 maximum loan amount for the turnpike
7 enterprise; amending ss. 338.165 and 338.227,
8 F.S.; conforming provisions; amending s.
9 338.234, F.S.; authorizing the turnpike
10 enterprise to expand business opportunities;
11 prohibiting the department from exercising its
12 powers of eminent domain solely to acquire
13 property for business opportunities on the
14 Florida Turnpike; deleting obsolete language;
15 amending s. 338.235, F.S.; authorizing the
16 consideration of goods instead of fees;
17 amending s. 338.239, F.S.; providing that
18 approved expenditure to the Florida Highway
19 Patrol be paid by the turnpike enterprise;
20 amending s. 338.241, F.S.; lowering the
21 required cash reserve for the turnpike
22 enterprise; amending s. 338.251, F.S.;
23 conforming provisions; amending s. 339.135,
24 F.S.; including reference to turnpike
25 enterprise with respect to the tentative work
26 program; revising language with respect to the
27 tentative work program; amending s. 553.80,
28 F.S.; providing for self-regulation of certain
29 construction; creating the "Florida High-Speed
30 Rail Authority Act"; creating s. 341.8201,
31 F.S.; providing a short title; creating s.
3
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CS/HB 261, Third Engrossed
1 341.8202, F.S.; providing legislative findings,
2 policy, purpose, and intent with respect to the
3 development, design, financing, construction,
4 and operation of a high-speed rail system in
5 the state; creating s. 341.8203, F.S.;
6 providing definitions; amending s. 341.821,
7 F.S., relating to the creation of the Florida
8 High-Speed Rail Authority; removing obsolete
9 provisions; amending s. 341.822, F.S.; revising
10 and providing additional powers and duties of
11 the authority; amending s. 341.823, F.S.;
12 revising the criteria for assessment and
13 recommendations with respect to the
14 establishment of the high-speed rail system;
15 requiring the authority to establish specified
16 requirements; requiring the authority to
17 develop a specified plan, study, and estimates;
18 amending s. 341.824, F.S.; specifying types of
19 technical, scientific, or other assistance to
20 be provided by the Department of Community
21 Affairs and the Department of Environmental
22 Protection; creating s. 341.827, F.S.;
23 providing for determination of service areas
24 and the order of system segment construction;
25 creating s. 341.828, F.S.; authorizing the
26 authority to utilize existing permitting
27 processes; requiring cooperation between the
28 authority and metropolitan planning
29 organizations; creating s. 341.829, F.S.;
30 requiring the authority, in conjunction with
31 the Executive Office of the Governor, the
4
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CS/HB 261, Third Engrossed
1 Department of Community Affairs, and the
2 Department of Environmental Protection, to
3 develop and implement a process to mitigate and
4 resolve conflicts between the system and growth
5 management requirements and environmental
6 standards; providing time limits for the filing
7 of and response to specified complaints;
8 creating s. 341.830, F.S.; authorizing the
9 authority to employ specified procurement
10 methods; providing for the adoption of rules;
11 authorizing the authority to procure
12 commodities and services for the designing,
13 building, financing, maintenance, operation,
14 and implementation of a high-speed rail system;
15 creating s. 341.831, F.S.; authorizing the
16 authority to prequalify interested persons or
17 entities prior to seeking proposals for the
18 design, construction, operation, maintenance,
19 and financing of the high-speed rail system;
20 providing for the establishment of qualifying
21 criteria; creating s. 341.832, F.S.;
22 authorizing the authority to develop and
23 execute a request for qualifications process;
24 creating s. 341.833, F.S.; authorizing the
25 authority to develop and execute a request for
26 proposals process to seek a person or entity to
27 design, build, operate, maintain, and finance a
28 high-speed rail system; creating s. 341.834,
29 F.S.; providing for award of a conditional
30 contract; providing contract requirements;
31 prohibiting transfer of system property without
5
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CS/HB 261, Third Engrossed
1 written approval; creating s. 341.835, F.S.;
2 authorizing the authority to purchase, lease,
3 exchange, or acquire land, property, or
4 buildings necessary to secure or utilize
5 rights-of-way for high-speed rail system
6 facilities; providing that the authority is not
7 subject to specified liability; authorizing the
8 authority and the Department of Environmental
9 Protection to enter into certain interagency
10 agreements; providing for the disposal of
11 interest in property; authorizing agents and
12 employees of the authority to enter upon
13 certain property; authorizing the authority to
14 accept donations of real property; creating s.
15 341.836, F.S.; authorizing the authority to
16 undertake the development of associated
17 developments; providing requirements of
18 associated developments; creating s. 341.837,
19 F.S.; providing for payment of expenses
20 incurred in carrying out the act; creating s.
21 341.838, F.S.; authorizing the authority to
22 fix, revise, charge, collect, and adjust rates,
23 rents, fees, charges, and revenues, and to
24 enter into contracts; providing for annual
25 review by the authority of rates, rents, fees,
26 and charges; providing for uses of revenues;
27 creating s. 341.839, F.S.; providing that the
28 act is supplemental and additional to powers
29 conferred by other laws; exempting powers of
30 the authority from specified supervision,
31 approval, or consent; creating s. 341.840,
6
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CS/HB 261, Third Engrossed
1 F.S.; providing tax exemptions for property
2 acquired or used by the authority or specified
3 income; creating s. 341.841, F.S.; requiring
4 the authority to prepare and submit a report;
5 providing for an annual audit; creating s.
6 341.842, F.S.; providing construction of the
7 act; amending s. 288.109, F.S.; removing a
8 cross reference; amending s. 334.30, F.S.;
9 removing a cross reference; amending s.
10 337.251, F.S.; removing a cross reference;
11 amending s. 341.501, F.S.; providing that
12 specified actions do not apply to the Florida
13 High-Speed Rail Authority Act; repealing s.
14 341.3201, F.S., relating to the short title for
15 ss. 341.3201-341.386, F.S., the "Florida
16 High-Speed Rail Transportation Act"; repealing
17 s. 341.321, F.S., relating to legislative
18 findings, policy, purpose, and intent with
19 respect to the development of a high-speed rail
20 transportation system connecting the major
21 urban areas of the state; repealing s. 341.322,
22 F.S., relating to definitions of terms;
23 repealing s. 341.325, F.S., relating to special
24 powers and duties of the Department of
25 Transportation; repealing s. 341.327, F.S.,
26 which provides that the Florida High-Speed Rail
27 Transportation Act is the sole and exclusive
28 determination of need for any high-speed rail
29 transportation system established under the
30 act, thereby preempting specified
31 determinations of need; repealing s. 341.329,
7
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CS/HB 261, Third Engrossed
1 F.S., relating to the issuance of bonds to
2 finance a high-speed rail transportation
3 system; repealing s. 341.331, F.S., relating to
4 designation of the areas of the state to be
5 served by the high-speed rail transportation
6 system and designation of termini; repealing s.
7 341.332, F.S., relating to the award of
8 franchises by the Department of Transportation
9 to establish a high-speed rail transportation
10 system; repealing s. 341.3331, F.S., relating
11 to request for proposals; repealing s.
12 341.3332, F.S., relating to notice of issuance
13 of request for proposals; repealing s.
14 341.3333, F.S., relating to requirements with
15 respect to an application for franchise, and
16 confidentiality of the application and portions
17 of the application relating to trade secrets;
18 repealing s. 341.3334, F.S., relating to the
19 departmental review process of application for
20 franchise; repealing s. 341.3335, F.S.,
21 relating to interagency coordination of
22 franchise application review; repealing s.
23 341.3336, F.S., relating to public meetings on
24 franchise applications; repealing s. 341.3337,
25 F.S., relating to determination and award of
26 franchise; repealing s. 341.3338, F.S.,
27 relating to effect of franchise; repealing s.
28 341.3339, F.S., relating to postfranchise
29 agreements; repealing s. 341.334, F.S.,
30 relating to the powers and duties of the
31 Department of Transportation with respect to
8
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CS/HB 261, Third Engrossed
1 the act; repealing s. 341.335, F.S., relating
2 to the powers and duties of the Florida Land
3 and Water Adjudicatory Commission sitting as
4 the board; repealing s. 341.336, F.S., relating
5 to the powers and duties of the Department of
6 Environmental Protection, the Department of
7 Community Affairs, and other affected agencies;
8 repealing s. 341.3365, F.S., relating to
9 certification procedures; repealing s. 341.342,
10 F.S., relating to agreements concerning
11 contents of certification application and
12 supporting documentation; repealing s. 341.343,
13 F.S., relating to review of certification
14 applications; repealing s. 341.344, F.S.,
15 relating to the establishment, composition,
16 organization, and duties of the Citizens'
17 Planning and Environmental Advisory Committee;
18 repealing s. 341.345, F.S., relating to
19 alternate corridors or transit station
20 locations; repealing s. 341.346, F.S., relating
21 to the powers and duties of an administrative
22 law judge appointed to conduct hearings under
23 the act; repealing s. 341.3465, F.S., relating
24 to alteration of time limitations specified by
25 the act; repealing s. 341.347, F.S., relating
26 to required combined public meetings and land
27 use and zoning hearings to be conducted by
28 local governments; repealing s. 341.348, F.S.,
29 relating to reports and studies required of
30 various agencies by the act; repealing s.
31 341.351, F.S., relating to publication and
9
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CS/HB 261, Third Engrossed
1 contents of notice of certification application
2 and proceedings; repealing s. 341.352, F.S.,
3 relating to certification hearings; repealing
4 s. 341.353, F.S., relating to final disposition
5 of certification applications; repealing s.
6 341.363, F.S., relating to the effect of
7 certification; repealing s. 341.364, F.S.,
8 relating to a franchisee's right to appeal to
9 the Florida Land and Water Adjudicatory
10 Commission under specified circumstances;
11 repealing s. 341.365, F.S., relating to
12 associated development; repealing s. 341.366,
13 F.S., relating to recording of notice of
14 certified corridor route; repealing s. 341.368,
15 F.S., relating to modification of certification
16 or franchise; repealing s. 341.369, F.S.,
17 relating to fees imposed by the department and
18 the disposition of such fees; repealing s.
19 341.371, F.S., relating to revocation or
20 suspension of franchise or certification;
21 repealing s. 341.372, F.S., relating to
22 imposition by the department of specified
23 administrative fines in lieu of revocation or
24 suspension of franchise; repealing s. 341.375,
25 F.S., relating to the required participation by
26 women, minorities, and economically
27 disadvantaged individuals in all phases of the
28 design, construction, maintenance, and
29 operation of a high-speed rail transportation
30 system developed under the act, and required
31 plans for compliance by franchisees; repealing
10
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CS/HB 261, Third Engrossed
1 s. 341.381, F.S., relating to applicability of
2 the act; repealing s. 341.382, F.S., relating
3 to laws and regulations superseded by the act;
4 repealing s. 341.383, F.S., relating to the
5 authority of local governments to assess
6 specified fees; repealing s. 341.386, F.S.,
7 relating to the admissibility of the award of a
8 franchise and of a certification under the act
9 in eminent domain proceedings; repealing s. 59,
10 ch. 99-385, Laws of Florida; abrogating the
11 repeal of provisions governing business damages
12 in eminent domain actions; amending s. 73.071,
13 F.S.; providing for the age required of a
14 standing business in order to qualify for
15 business damages; amending s. 163.3177, F.S.;
16 adding airport master plans that have specified
17 components to comprehensive plans; creating
18 exemption to development of regional impact
19 review if certain conditions are met; amending
20 s. 189.441, F.S., relating to contracts with an
21 authority under the Community Improvement
22 Authority Act; removing an exemption from s.
23 287.055, F.S., related to procurement of
24 specified services; amending s. 212.0606, F.S.;
25 requiring proceeds from surcharge in the State
26 Transportation Trust Fund be used to fund
27 district projects; amending s. 215.615, F.S.,
28 relating to funding of fixed-guideway
29 transportation systems; deleting obsolete
30 language; amending s. 255.20, F.S.; exempting
31 certain transportation projects from certain
11
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CS/HB 261, Third Engrossed
1 competitive bidding requirements; amending s.
2 287.055, F.S.; increasing the amount defining a
3 continuing contract; amending s. 311.09, F.S.;
4 providing for application of s. 287.055, F.S.,
5 the Consultants' Competitive Negotiation Act,
6 to seaports; amending s. 315.02, F.S.;
7 redefining the terms "unit" and "port
8 facilities" for purposes of port facilities
9 financing; including seaport security projects
10 within the meaning of "port facility"; amending
11 s. 315.03, F.S.; authorizing certain entities
12 to participate in certain federal loan
13 programs; providing for oversight by the
14 Florida Seaport Transportation and Economic
15 Development Council; requiring annual reports;
16 requiring legislative review; amending s.
17 316.003, F.S.; revising definition of "motor
18 vehicle"; defining the terms "electric personal
19 assistive mobility device" and "motorized
20 scooter"; creating s. 316.2068, F.S.; providing
21 regulations for electric personal assistive
22 mobility devices; amending s. 316.515, F.S.;
23 revising size requirement provisions for
24 vehicles transporting certain agricultural
25 products; allowing the Department of
26 Transportation to issue permits for certain
27 vehicles; amending s. 316.520, F.S.; exempting
28 certain vehicles from covering requirements;
29 creating s. 316.80, F.S.; establishing
30 penalties for persons who transport motor or
31 diesel fuel in unlawful containers;
12
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CS/HB 261, Third Engrossed
1 establishing penalties for use of stolen or
2 illegal payment access devices; providing for
3 forfeiture; providing for costs; amending s.
4 320.08056, F.S.; providing use fees for the
5 Florida Firefighters license plate and the
6 Police Benevolent Association license plate;
7 amending s. 320.08058, F.S.; providing for
8 creation of the Florida Firefighters license
9 plate and the Police Benevolent Association
10 license plate; providing for the distribution
11 of use fees received from the sale of such
12 plates; amending s. 332.004, F.S.; revising the
13 definition of "airport or aviation development
14 project" for purposes of the Florida Airport
15 Development and Assistance Act to add certain
16 noise mitigation projects; amending s. 332.007,
17 F.S.; extending expiration date of provisions
18 relating to economic assistance to airports for
19 certain projects; extending due date of certain
20 loans for certain airports; amending s. 333.06,
21 F.S.; adding requirements for an airport master
22 plan; amending s. 334.044, F.S.; authorizing
23 the department to expend money on items that
24 promote scenic highway projects; authorizing
25 the department to delegate its drainage
26 permitting responsibilities to other
27 governmental entities under certain
28 circumstances; amending s. 334.175, F.S.;
29 adding state-registered landscape architects to
30 the list of design professionals who sign,
31 seal, and certify certain Department of
13
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CS/HB 261, Third Engrossed
1 Transportation project plans; amending s.
2 336.41, F.S.; providing for counties to certify
3 or qualify persons to perform work under
4 certain contracts; clarifying that a contractor
5 already qualified by the department is presumed
6 qualified to perform work described under
7 contract on county road projects; amending s.
8 336.44, F.S.; providing that certain contracts
9 shall be let to the lowest responsible bidder;
10 amending s. 337.14, F.S.; revising provisions
11 for qualifying persons to bid on certain
12 construction contracts; providing for
13 expressway authorities to certify or qualify
14 persons to perform work under certain
15 contracts; clarifying that a contractor
16 qualified by the department is presumed
17 qualified to perform work described under
18 contract on projects for expressway
19 authorities; amending s. 337.401, F.S.;
20 providing that for certain projects under the
21 department's jurisdiction, a utility relocation
22 schedule and relocation agreement may be
23 executed in lieu of a written permit; amending
24 s. 337.408, F.S.; revising language with
25 respect to the regulation of benches, transit
26 shelters, and waste disposal receptacles within
27 rights-of-way; restating the Department of
28 Transportation's rulemaking authority regarding
29 regulation of bus benches; providing for local
30 government regulation of dimensions of bus
31 benches and advertising displays to supersede
14
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CS/HB 261, Third Engrossed
1 the department's regulations, in certain
2 circumstances; requiring approval of Federal
3 Highway Administration for bus benches and
4 advertising displays on the National Highway
5 System; providing for regulation of street
6 light poles; amending s. 339.12, F.S.;
7 providing for preference to certain counties
8 for transportation grants under specified
9 circumstances; amending s. 339.55, F.S.;
10 providing for state infrastructure bank funds
11 to be spent on intermodal projects; revising
12 criteria for evaluation of projects; amending
13 s. 341.031, F.S.; correcting cross references;
14 amending s. 341.051, F.S., relating to
15 financing of public transit capital projects,
16 and s. 341.053, F.S., relating to projects
17 eligible for funding under the Intermodal
18 Development Program; deleting obsolete
19 language; amending s. 341.501, F.S., relating
20 to high-technology transportation systems;
21 authorizing the department to match funds from
22 other states or jurisdictions for certain
23 purposes; providing criteria; amending s.
24 348.0003, F.S.; authorizing a county governing
25 body to set qualifications, terms of office,
26 and obligations and rights for the members of
27 expressway authorities within their
28 jurisdictions; amending s. 348.0008, F.S.;
29 allowing expressway authorities to acquire
30 certain interests in land; providing for
31 expressway authorities and their agents or
15
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CS/HB 261, Third Engrossed
1 employees to access public or private property
2 for certain purposes; creating s. 348.545,
3 F.S.; clarifying that the Tampa-Hillsborough
4 County Expressway Authority may use bond
5 revenues to finance improvements to toll
6 facilities, interchanges, and other facilities
7 related to the expressway system; amending s.
8 348.565, F.S.; adding the connector highway
9 linking Lee Roy Selmon Crosstown Expressway to
10 Interstate 4 as an approved project; amending
11 s. 373.4137, F.S.; providing for certain
12 expressway, bridge, or transportation
13 authorities to create environmental impact
14 inventories and participate in a mitigation
15 program to offset adverse impacts caused by
16 their transportation projects; amending s.
17 380.04, F.S.; adding work on rights-of-way
18 pertaining to electricity facilities to the
19 list of activities not defined as "development"
20 for purposes of the Florida Environmental Land
21 and Water Management Act; amending s. 380.06,
22 F.S., relating to development of regional
23 impact; removing a rebuttable presumption with
24 respect to application of the statewide
25 guidelines and standards and revising the fixed
26 thresholds; providing application with respect
27 to developments that have received a
28 development-of-regional-impact development
29 order or that have an application for
30 development approval or notification of
31 proposed change pending; amending s. 768.28,
16
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CS/HB 261, Third Engrossed
1 F.S.; providing that certain operators,
2 dispatchers, and security providers for rail
3 services and certain rail facility maintenance
4 providers in a specified area or for the
5 Tri-County Commuter Rail Authority or the
6 Department of Transportation are agents of the
7 state under specified circumstances; creating
8 the Dori Slosberg Driver Education Safety Act;
9 authorizing a board of county commissioners to
10 require an additional amount to be collected
11 with each civil traffic penalty to be used to
12 fund traffic education programs in public and
13 nonpublic schools; providing for administration
14 of funds collected; restricting use of said
15 funds; amending s. 2 of chapter 88-418, Laws of
16 Florida, relating to Crandon Boulevard;
17 allowing expenditure of public funds for
18 modifications to provide access for
19 governmental public safety vehicles; amending
20 s. 212.055, F.S.; removing a limitation on
21 which charter counties may levy a charter
22 county transit surtax; amending s. 316.006,
23 F.S.; authorizing the installation of
24 multiparty stop signs on certain roads;
25 providing guidelines for the installation of
26 such signage; amending s. 316.066, F.S.;
27 providing for access to vehicle crash reports
28 by local, state, and federal entities under
29 certain circumstances; requiring said entities
30 to maintain confidential status of such
31 reports; amending s. 316.1975, F.S.; exempting
17
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CS/HB 261, Third Engrossed
1 operators of solid waste and recovered
2 materials vehicles from provisions regarding
3 unattended motor vehicles under certain
4 circumstances; creating s. 316.2127, F.S.;
5 providing for operation of utility vehicles on
6 city streets, county roads, or the State
7 Highway System under certain circumstances;
8 amending s. 316.304, F.S.; revising
9 requirements regarding the wearing of headsets
10 while operating a vehicle; amending s. 316.520,
11 F.S.; exempting certain vehicles carrying
12 agricultural products; providing for criminal
13 penalties for failure to secure loads on
14 vehicles under certain circumstances; amending
15 s. 316.640, F.S.; revising traffic law
16 enforcement authority of university police
17 officers; revising traffic law enforcement
18 authority of officers of the office of
19 agricultural law enforcement revising the
20 powers and duties of traffic crash
21 investigation officers; amending s. 318.18,
22 F.S.; providing for assessment of doubled fines
23 for speeding in toll collection zones;
24 providing a minimum penalty for violations of
25 s. 316.520, F.S.; amending s. 318.19, F.S.;
26 providing a mandatory hearing for violations of
27 s. 316.520, F.S.; revising traffic law
28 enforcement authority of the Office of
29 Agricultural Law Enforcement; amending s.
30 322.056, F.S.; authorizing the court to direct
31 the Department of Highway Safety and Motor
18
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CS/HB 261, Third Engrossed
1 Vehicles to issue a driver's license restricted
2 to business or employment purposes only to
3 certain persons under age 18 found guilty of
4 certain alcohol, drug, or tobacco offenses;
5 amending s. 570.073, F.S.; revising the powers
6 and duties of the Office of Agricultural Law
7 Enforcement; amending s. 319.23, F.S.;
8 requiring the Department of Highway Safety and
9 Motor Vehicles to retain certain evidence of
10 title; amending s. 319.28, F.S.; revising
11 requirements for processing an application for
12 title based on a contractual default; amending
13 s. 319.33, F.S.; revising the elements of the
14 offense of possessing, selling or offering for
15 sale, concealing, or disposing of a motor
16 vehicle or mobile home, or major component part
17 thereof, on which the motor number or vehicle
18 identification number has been destroyed,
19 removed, covered, altered, or defaced;
20 providing penalties; amending s. 320.025, F.S.;
21 providing for confidential registration and
22 issuance under fictitious name of decals for
23 vessels operated by a law enforcement agency;
24 requiring registration number and decal to be
25 affixed to such vessel; amending s. 320.05,
26 F.S.; providing for release of vessel
27 registration information; providing exceptions;
28 amending s. 320.055, F.S.; providing
29 registration period for certain nonapportioned
30 vehicles; amending s. 320.06, F.S.; revising
31 form of license plate validation stickers;
19
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CS/HB 261, Third Engrossed
1 reducing the number of required validation
2 stickers per plate; amending s. 320.0805, F.S.;
3 reducing the timeframe for a personalized
4 license plate to remain out of circulation
5 prior to reassignment; amending s. 320.083,
6 F.S.; revising requirements for the Amateur
7 Radio Operator specialty license plate;
8 amending s. 320.0848, F.S.; revising fees for
9 the 4-year disabled parking permit and renewal
10 permit; amending s. 320.089, F.S.; revising
11 weight restriction for the Ex-POW and Purple
12 Heart license plates; amending s. 321.02, F.S.;
13 providing for colors for use on Florida Highway
14 Patrol motor vehicles and motorcycles; amending
15 s. 322.051, F.S.; requiring acceptance of the
16 Florida identification card as proof of
17 identification by persons accepting the Florida
18 driver license as proof of identification;
19 amending s. 860.20, F.S.; revising provisions
20 relating to the issuance of serial numbers on
21 certain vessel motors; providing a date by
22 which automotive service technology education
23 programs must be industry certified; amending
24 s. 319.30, F.S.; redefining the term "total
25 loss"; creating s. 319.41, F.S.; providing for
26 a searchable database of title history;
27 amending s. 316.003, F.S.; providing that
28 certain vehicles of the Department of Health
29 are authorized emergency vehicles; amending s.
30 316.2397, F.S.; authorizing emergency response
31 vehicles of the Department of Health to use red
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1 flashing lights; amending s. 348.7543, F.S.;
2 specifying the revenue bonds that may be used
3 to finance certain improvements to the
4 Orlando-Orange County Expressway Authority;
5 amending s. 348.7545, F.S.; authorizing the
6 authority to refinance the Western Beltway Part
7 C; amending s. 348.755, F.S.; prescribing
8 additional authority to issue bonds by or on
9 behalf of the authority; prescribing a
10 condition on issuance of bonds by the
11 authority; amending s. 348.765, F.S.; restating
12 the authority's exemption from certain
13 provisions relating to issuance of bonds by
14 state agencies; providing for earlier effect
15 and retroactive application of s. 197.1722,
16 F.S.; relating to a limited waiver of certain
17 mandatory charges and interest on certain real
18 property taxes; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (4) of section 20.23, Florida
23 Statutes, is amended to read:
24 20.23 Department of Transportation.--There is created
25 a Department of Transportation which shall be a decentralized
26 agency.
27 (4)(a) The operations of the department shall be
28 organized into seven eight districts, including a turnpike
29 district, each headed by a district secretary and a turnpike
30 enterprise, headed by an executive director. The district
31 secretaries shall report to the Assistant Secretary for
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1 District Operations. The headquarters of the districts shall
2 be located in Polk, Columbia, Washington, Broward, Volusia,
3 Dade, and Hillsborough, and Leon Counties. The headquarters of
4 the turnpike enterprise shall be located in Orange County. The
5 turnpike district must be relocated to Orange County in the
6 year 2000. In order to provide for efficient operations and to
7 expedite the decisionmaking process, the department shall
8 provide for maximum decentralization to the districts.
9 However, before making a decision to centralize or
10 decentralize department operations or relocate the turnpike
11 district, the department must first determine if the decision
12 would be cost-effective and in the public's best interest. The
13 department shall periodically evaluate such decisions to
14 ensure that they are appropriate.
15 (b) The primary responsibility for the implementation
16 of the department's transportation programs shall be delegated
17 by the secretary to the district secretaries, and sufficient
18 authority shall be vested in each district to ensure adequate
19 control of the resources commensurate with the delegated
20 responsibility. Each district secretary shall also be
21 accountable for ensuring their district's quality of
22 performance and compliance with all laws, rules, policies, and
23 procedures related to the operation of the department.
24 (c) Each district secretary may appoint a district
25 director for planning and programming, a district director for
26 production, and a district director for operations. These
27 positions are exempt from part II of chapter 110.
28 (d) Within each district, offices shall be established
29 for managing major functional responsibilities of the
30 department. The offices may include planning, design,
31 construction, right-of-way, maintenance, and public
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1 transportation. The heads of these offices shall be exempt
2 from part II of chapter 110.
3 (e) The district director for the Fort Myers Urban
4 Office of the Department of Transportation is responsible for
5 developing the 5-year Transportation Plan for Charlotte,
6 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
7 Myers Urban Office also is responsible for providing policy,
8 direction, local government coordination, and planning for
9 those counties.
10 (f)1. The responsibility for the turnpike system shall
11 be delegated by the secretary to the executive director of the
12 turnpike enterprise, who shall serve at the pleasure of the
13 secretary. The executive director shall report directly to the
14 secretary, and the turnpike enterprise shall operate pursuant
15 to ss. 338.22-338.241.
16 2. To facilitate the most efficient and effective
17 management of the turnpike enterprise, including the use of
18 best business practices employed by the private sector, the
19 turnpike enterprise, except as provided in s. 287.055, shall
20 be exempt from departmental policies, procedures, and
21 standards, subject to the secretary having the authority to
22 apply any such policies, procedures, and standards to the
23 turnpike enterprise from time to time as deemed appropriate.
24 Section 2. Subsection (2) of section 206.46, Florida
25 Statutes, is amended to read:
26 206.46 State Transportation Trust Fund.--
27 (2) Notwithstanding any other provisions of law, from
28 the revenues deposited into the State Transportation Trust
29 Fund a maximum of 7 percent in each fiscal year shall be
30 transferred into the Right-of-Way Acquisition and Bridge
31 Construction Trust Fund created in s. 215.605, as needed to
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1 meet the requirements of the documents authorizing the bonds
2 issued or proposed to be issued under ss. 215.605 and 337.276
3 or at a minimum amount sufficient to pay for the debt service
4 coverage requirements of outstanding bonds. Notwithstanding
5 the 7 percent annual transfer authorized in this subsection,
6 the annual amount transferred under this subsection shall not
7 exceed an amount necessary to provide the required debt
8 service coverage levels for a maximum debt service not to
9 exceed $200 $135 million. Such transfer shall be payable
10 primarily from the motor and diesel fuel taxes transferred to
11 the State Transportation Trust Fund from the Fuel Tax
12 Collection Trust Fund.
13 Section 3. Paragraph (b) of subsection (1) and
14 subsection (8) of section 316.302, Florida Statutes, are
15 amended to read:
16 316.302 Commercial motor vehicles; safety regulations;
17 transporters and shippers of hazardous materials;
18 enforcement.--
19 (1)
20 (b) Except as otherwise provided in this section, all
21 owners or drivers of commercial motor vehicles that are
22 engaged in intrastate commerce are subject to the rules and
23 regulations contained in 49 C.F.R. parts 382, 385, and
24 390-397, with the exception of 49 C.F.R. s. 390.5 as it
25 relates to the definition of bus, as such rules and
26 regulations existed on October 1, 2001 March 1, 1999.
27 (8) For the purpose of enforcing this section, any law
28 enforcement officer agent of the Department of Transportation
29 or duly appointed agent who holds a current safety inspector
30 certification from the Commercial Vehicle Safety Alliance may
31 require the driver of any commercial vehicle operated on the
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1 highways of this state to stop and submit to an inspection of
2 the vehicle or the driver's records described in s.
3 316.545(9), any member of the Florida Highway Patrol, or any
4 person employed by a sheriff's office or municipal police
5 department who is authorized to enforce the traffic laws of
6 this state pursuant to s. 316.640 may enforce the provisions
7 of this section. Any officer of the Department of
8 Transportation described in s. 316.545(9), any member of the
9 Florida Highway Patrol, or any law enforcement officer
10 employed by a sheriff's office or municipal police department
11 authorized to enforce the traffic laws of this state pursuant
12 to s. 316.640, who has reason to believe that a vehicle or
13 driver is operating in an unsafe condition, may require the
14 driver to stop and submit to an inspection of the vehicle or
15 the driver's records. Any person who fails to comply with an
16 officer's request to submit to an inspection under this
17 subsection is guilty of a violation of s. 843.02 if the driver
18 resists the officer without violence or a violation of s.
19 843.01 if the driver resists the officer with violence. If
20 the vehicle or driver is found to be operating in an unsafe
21 condition, or if any required part or equipment is not present
22 or is not in proper repair or adjustment, and the continued
23 operation would probably present an unduly hazardous operating
24 condition, the officer may require the vehicle or the driver
25 to be removed from service pursuant to the North American
26 Uniform Out-of-Service Criteria, until corrected. However, if
27 continuous operation would not present an unduly hazardous
28 operating condition, the officer may give written notice
29 requiring correction of the condition to require proper repair
30 and adjustment of the vehicle within 14 days.
31
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1 (a) Any member of the Florida Highway Patrol or any
2 law enforcement officer employed by a sheriff's office or
3 municipal police department authorized to enforce the traffic
4 laws of this state pursuant to s. 316.640 who has reason to
5 believe that a vehicle or driver is operating in an unsafe
6 condition may, as provided in subsection (10), enforce the
7 provisions of this section.
8 (b) Any person who fails to comply with an officer's
9 request to submit to an inspection under this subsection
10 commits a violation of s. 843.02 if the person resists the
11 officer without violence or a violation of s. 843.01 if the
12 person resists the officer with violence.
13 Section 4. Paragraph (a) of subsection (3) of section
14 316.3025, Florida Statutes, is amended to read:
15 316.3025 Penalties.--
16 (3)(a) A civil penalty of $50 may be assessed for a
17 violation of 49 C.F.R. s. 390.21 s. 316.3027.
18 Section 5. Subsection (2) of section 316.515, Florida
19 Statutes, is amended to read:
20 316.515 Maximum width, height, length.--
21 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
22 of 13 feet 6 inches, inclusive of load carried thereon.
23 However, an automobile transporter may, with a permit from the
24 Department of Transportation, measure a height not to exceed
25 14 feet, inclusive of the load carried thereon.
26 Section 6. Subsection (6) of section 316.535, Florida
27 Statutes, is renumbered as subsection (7), present subsection
28 (7) is renumbered as subsection (8) and amended, and a new
29 subsection (6) is added to said section, to read:
30 316.535 Maximum weights.--
31
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1 (6) Dump trucks, concrete mixing trucks, trucks
2 engaged in waste collection and disposal, and fuel oil and
3 gasoline trucks designed and constructed for special type work
4 or use, when operated as a single unit, shall be subject to
5 all safety and operational requirements of law, except that
6 any such vehicle need not conform to the axle spacing
7 requirements of this section provided that such vehicle shall
8 be limited to a total gross load, including the weight of the
9 vehicle, of 20,000 pounds per axle plus scale tolerances and
10 shall not exceed 550 pounds per inch width tire surface plus
11 scale tolerances. No vehicle operating pursuant to this
12 section shall exceed a gross weight, including the weight of
13 the vehicle and scale tolerances, of 70,000 pounds. Any
14 vehicle violating the weight provisions of this section shall
15 be penalized as provided in s. 316.545.
16 (7)(6) The Department of Transportation shall adopt
17 rules to implement this section, shall enforce this section
18 and the rules adopted hereunder, and shall publish and
19 distribute tables and other publications as deemed necessary
20 to inform the public.
21 (8)(7) Except as hereinafter provided, no vehicle or
22 combination of vehicles exceeding the gross weights specified
23 in subsections (3), (4), and (5), and (6) shall be permitted
24 to travel on the public highways within the state.
25 Section 7. Paragraph (a) of subsection (2) and
26 paragraph (a) of subsection (4) of section 316.545, Florida
27 Statutes, are amended to read:
28 316.545 Weight and load unlawful; special fuel and
29 motor fuel tax enforcement; inspection; penalty; review.--
30 (2)(a) Whenever an officer, upon weighing a vehicle or
31 combination of vehicles with load, determines that the axle
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1 weight or gross weight is unlawful, the officer may require
2 the driver to stop the vehicle in a suitable place and remain
3 standing until a determination can be made as to the amount of
4 weight thereon and, if overloaded, the amount of penalty to be
5 assessed as provided herein. However, any gross weight over
6 and beyond 6,000 pounds beyond the maximum herein set shall be
7 unloaded and all material so unloaded shall be cared for by
8 the owner or operator of the vehicle at the risk of such owner
9 or operator. Except as otherwise provided in this chapter, to
10 facilitate compliance with and enforcement of the weight
11 limits established in s. 316.535, weight tables published
12 pursuant to s. 316.535(7)(6) shall include a 10-percent scale
13 tolerance and shall thereby reflect the maximum scaled weights
14 allowed any vehicle or combination of vehicles. As used in
15 this section, scale tolerance means the allowable deviation
16 from legal weights established in s. 316.535. Notwithstanding
17 any other provision of the weight law, if a vehicle or
18 combination of vehicles does not exceed the gross, external
19 bridge, or internal bridge weight limits imposed in s. 316.535
20 and the driver of such vehicle or combination of vehicles can
21 comply with the requirements of this chapter by shifting or
22 equalizing the load on all wheels or axles and does so when
23 requested by the proper authority, the driver shall not be
24 held to be operating in violation of said weight limits.
25 (4)(a) No commercial vehicle, as defined in s.
26 316.003(66), shall be operated over the highways of this state
27 unless it has been properly registered under the provisions of
28 s. 207.004. Whenever any law enforcement officer identified in
29 s. 207.023(1), upon inspecting the vehicle or combination of
30 vehicles, determines that the vehicle is in violation of s.
31 207.004, a penalty in the amount of $50 shall be assessed, and
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1 the vehicle may shall be detained until payment is collected
2 by the law enforcement officer.
3 Section 8. Subsection (31) is added to section
4 334.044, Florida Statutes, to read:
5 334.044 Department; powers and duties.--The department
6 shall have the following general powers and duties:
7 (31) In order to fulfill the department's mission to
8 provide a safe and efficient transportation system, the
9 department's Office of Motor Carrier Compliance may employ
10 sworn law enforcement officers, certified in accordance with
11 chapter 943, to enforce the traffic and criminal laws of this
12 state. Such officers shall have full law enforcement powers
13 granted to other peace officers of this state, including
14 making arrests, carrying firearms, serving court process, and
15 seizing vehicles defined as contraband under s. 319.33,
16 illegal drugs, stolen property, and the proceeds of illegal
17 activities. Officers appointed under this section have the
18 primary responsibility for enforcing laws relating to size and
19 weight of commercial motor vehicles; safety, traffic, tax, and
20 registration of commercial motor vehicles; interdiction of
21 vehicles defined as contraband under s. 319.33, illegal drugs,
22 and stolen property; and violations that threaten the overall
23 security and safety of Florida's transportation infrastructure
24 and the motoring public. The office is also authorized to
25 appoint part-time or auxiliary law enforcement officers
26 pursuant to chapter 943 and to provide compensation in
27 accordance with law.
28 Section 9. Section 337.025, Florida Statutes, is
29 amended to read:
30 337.025 Innovative highway projects; department to
31 establish program.--The department is authorized to establish
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1 a program for highway projects demonstrating innovative
2 techniques of highway construction, maintenance, and finance
3 which have the intended effect of controlling time and cost
4 increases on construction projects. Such techniques may
5 include, but are not limited to, state-of-the-art technology
6 for pavement, safety, and other aspects of highway
7 construction and maintenance; innovative bidding and financing
8 techniques; accelerated construction procedures; and those
9 techniques that have the potential to reduce project life
10 cycle costs. To the maximum extent practical, the department
11 must use the existing process to award and administer
12 construction and maintenance contracts. When specific
13 innovative techniques are to be used, the department is not
14 required to adhere to those provisions of law that would
15 prevent, preclude, or in any way prohibit the department from
16 using the innovative technique. However, prior to using an
17 innovative technique that is inconsistent with another
18 provision of law, the department must document in writing the
19 need for the exception and identify what benefits the
20 traveling public and the affected community are anticipated to
21 receive. The department may enter into no more than $120
22 million in contracts annually for the purposes authorized by
23 this section. However, the annual cap on contracts provided in
24 this section shall not apply to turnpike enterprise projects
25 nor shall turnpike enterprise projects be counted toward the
26 department's annual cap.
27 Section 10. Paragraph (c) of subsection (3) and
28 paragraph (c) of subsection (6) of section 337.11, Florida
29 Statutes, are amended to read:
30 337.11 Contracting authority of department; bids;
31 emergency repairs, supplemental agreements, and change orders;
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1 combined design and construction contracts; progress payments;
2 records; requirements of vehicle registration.--
3 (3)
4 (c) No advertisement for bids shall be published and
5 no bid solicitation notice shall be provided until title to
6 all necessary rights-of-way and easements for the construction
7 of the project covered by such advertisement or notice has
8 vested in the state or a local governmental entity, and all
9 railroad crossing and utility agreements have been executed.
10 The turnpike enterprise is exempt from this paragraph for a
11 turnpike enterprise project. Title to all necessary
12 rights-of-way shall be deemed to have been vested in the State
13 of Florida when such title has been dedicated to the public or
14 acquired by prescription.
15 (6)
16 (c) When the department determines that it is in the
17 best interest of the public for reasons of public concern,
18 economy, improved operations or safety, and only when
19 circumstances dictate rapid completion of the work, the
20 department may, up to the threshold amount of $120,000
21 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
22 for construction and maintenance without advertising and
23 receiving competitive bids. However, if legislation is enacted
24 by the Legislature which changes the category thresholds, the
25 threshold amount shall remain at $60,000. The department may
26 enter into such contracts only upon a determination that the
27 work is necessary for one of the following reasons:
28 1. To ensure timely completion of projects or
29 avoidance of undue delay for other projects;
30
31
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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 Section 11. Effective July 1, 2003, paragraph (a) of
17 subsection (7) of section 337.11, Florida Statutes, as amended
18 by section 4 of chapter 2001-350, Laws of Florida, is amended
19 to read:
20 337.11 Contracting authority of department; bids;
21 emergency repairs, supplemental agreements, and change orders;
22 combined design and construction contracts; progress payments;
23 records; requirements of vehicle registration.--
24 (7)(a) If the head of the department determines that
25 it is in the best interests of the public, the department may
26 combine the right-of-way services and design and construction
27 phases of a building, a major bridge, a limited access
28 facility, or a rail corridor project into a single contract.
29 Such contract is referred to as a design-build contract.
30 Design-build contracts may be advertised and awarded
31 notwithstanding the requirements of paragraph (3)(c). However,
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1 construction activities may not begin on any portion of such
2 projects until title to the necessary rights-of-way and
3 easements for the construction of that portion of the project
4 has vested in the state or a local governmental entity and all
5 railroad crossing and utility agreements have been executed.
6 Title to rights-of-way vests in the state when the title has
7 been dedicated to the public or acquired by prescription.
8 Section 12. Effective July 1, 2005, paragraph (a) of
9 subsection (7) of section 337.11, Florida Statutes, as amended
10 by this act, is amended to read:
11 337.11 Contracting authority of department; bids;
12 emergency repairs, supplemental agreements, and change orders;
13 combined design and construction contracts; progress payments;
14 records; requirements of vehicle registration.--
15 (7)(a) If the head of the department determines that
16 it is in the best interests of the public, the department may
17 combine the right-of-way services and design and construction
18 phases of a building, a major bridge, a limited access
19 facility, or a rail corridor project into a single contract.
20 Such contract is referred to as a design-build contract.
21 Design-build contracts may be advertised and awarded
22 notwithstanding the requirements of paragraph (3)(c). However,
23 construction activities may not begin on any portion of such
24 projects until title to the necessary rights-of-way and
25 easements for the construction of that portion of the project
26 has vested in the state or a local governmental entity and all
27 railroad crossing and utility agreements have been executed.
28 Title to rights-of-way vests in the state when the title has
29 been dedicated to the public or acquired by prescription.
30 Section 13. Subsection (3) of section 337.185, Florida
31 Statutes, is amended to read:
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1 337.185 State Arbitration Board.--
2 (3) A hearing may be requested by the department or by
3 a contractor who has a dispute with the department which,
4 under the rules of the board, may be the subject of
5 arbitration. The request is to be made to the board within
6 820 days after the final acceptance of the work for all
7 contracts entered into after June 30, 1993. The board shall
8 conduct the hearing within 45 days of the request. The party
9 requesting the board's consideration shall give notice of the
10 hearing to each member. If the board finds that a third party
11 is necessary to resolve the dispute, the board may vote to
12 dismiss the claim, which may thereafter be pursued in
13 accordance with the laws of the State of Florida.
14 Section 14. Subsection (7) of section 338.165, Florida
15 Statutes, is amended to read:
16 338.165 Continuation of tolls.--
17 (7) This section does not apply to the turnpike system
18 as defined under the Florida Turnpike Enterprise Law.
19 Section 15. Section 338.22, Florida Statutes, is
20 amended to read:
21 338.22 Florida Turnpike Enterprise Law; short
22 title.--Sections 338.22-338.241 may be cited as the "Florida
23 Turnpike Enterprise Law."
24 Section 16. Section 338.221, Florida Statutes, is
25 amended to read:
26 338.221 Definitions of terms used in ss.
27 338.22-338.241.--As used in ss. 338.22-338.241, the following
28 words and terms have the following meanings, unless the
29 context indicates another or different meaning or intent:
30 (1) "Bonds" or "revenue bonds" means notes, bonds,
31 refunding bonds or other evidences of indebtedness or
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1 obligations, in either temporary or definitive form, issued by
2 the Division of Bond Finance on behalf of the department and
3 authorized under the provisions of ss. 338.22-338.241 and the
4 State Bond Act.
5 (2) "Cost," as applied to a turnpike project, includes
6 the cost of acquisition of all land, rights-of-way, property,
7 easements, and interests acquired by the department for
8 turnpike project construction; the cost of such construction;
9 the cost of all machinery and equipment, financing charges,
10 fees, and expenses related to the financing; establishment of
11 reserves to secure bonds; interest prior to and during
12 construction and for such period after completion of
13 construction as shall be determined by the department; the
14 cost of traffic estimates and of engineering and legal
15 expenses, plans, specifications, surveys, estimates of cost
16 and revenues; other expenses necessary or incident to
17 determining the feasibility or practicability of acquiring or
18 constructing any such turnpike project; administrative
19 expenses; and such other expenses as may be necessary or
20 incident to the acquisition or construction of a turnpike
21 project, the financing of such acquisition or construction,
22 and the placing of the turnpike project in operation.
23 (3) "Feeder road" means any road no more than 5 miles
24 in length, connecting to the turnpike system which the
25 department determines is necessary to create or facilitate
26 access to a turnpike project.
27 (4) "Owner" includes any person or any governmental
28 entity that has title to, or an interest in, any property,
29 right, easement, or interest authorized to be acquired
30 pursuant to ss. 338.22-338.241.
31
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1 (5) "Revenues" means all tolls, charges, rentals,
2 gifts, grants, moneys, and other funds coming into the
3 possession, or under the control, of the department by virtue
4 of the provisions hereof, except the proceeds from the sale of
5 bonds issued under ss. 338.22-338.241.
6 (6) "Turnpike system" means those limited access toll
7 highways and associated feeder roads and other structures,
8 appurtenances, or rights previously designated, acquired, or
9 constructed pursuant to the Florida Turnpike Enterprise Law
10 and such other additional turnpike projects as may be acquired
11 or constructed as approved by the Legislature.
12 (7) "Turnpike improvement" means any betterment
13 necessary or desirable for the operation of the turnpike
14 system, including, but not limited to, widenings, the addition
15 of interchanges to the existing turnpike system, resurfacings,
16 toll plazas, machinery, and equipment.
17 (8) "Economically feasible" means:
18 (a) For a proposed turnpike project, that, as
19 determined by the department before the issuance of revenue
20 bonds for the project, the estimated net revenues of the
21 proposed turnpike project, excluding feeder roads and turnpike
22 improvements, will be sufficient to pay at least 50 percent of
23 the debt service on the bonds by the end of the 12th 5th year
24 of operation and to pay at least 100 percent of the debt
25 service on the bonds by the end of the 22nd 15th year of
26 operation. In implementing this paragraph, up to 50 percent
27 of the adopted work program costs of the project may be funded
28 from turnpike revenues.
29 (b) For turnpike projects, except for feeder roads and
30 turnpike improvements, financed from revenues of the turnpike
31 system, such project, or such group of projects, originally
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1 financed from revenues of the turnpike system, that the
2 project is expected to generate sufficient revenues to
3 amortize project costs within 15 years of opening to traffic.
4
5 This subsection does not prohibit the pledging of revenues
6 from the entire turnpike system to bonds issued to finance or
7 refinance a turnpike project or group of turnpike projects.
8 (9) "Turnpike project" means any extension to or
9 expansion of the existing turnpike system and new limited
10 access toll highways and associated feeder roads and other
11 structures, interchanges, appurtenances, or rights as may be
12 approved in accordance with the Florida Turnpike Enterprise
13 Law.
14 (10) "Statement of environmental feasibility" means a
15 statement by the Department of Environmental Protection of the
16 project's significant environmental impacts.
17 Section 17. Section 338.2215, Florida Statutes, is
18 created to read:
19 338.2215 Florida Turnpike Enterprise; legislative
20 findings, policy, purpose, and intent.--It is the intent of
21 the Legislature that the turnpike enterprise be provided
22 additional powers and authority in order to maximize the
23 advantages obtainable through fully leveraging the Florida
24 Turnpike System asset. The additional powers and authority
25 will provide the turnpike enterprise with the autonomy and
26 flexibility to enable it to more easily pursue innovations as
27 well as best practices found in the private sector in
28 management, finance, organization, and operations. The
29 additional powers and authority are intended to improve
30 cost-effectiveness and timeliness of project delivery,
31 increase revenues, expand the turnpike system's capital
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1 program capability, and improve the quality of service to its
2 patrons, while continuing to protect the turnpike system's
3 bondholders and further preserve, expand, and improve the
4 Florida Turnpike System.
5 Section 18. Section 338.2216, Florida Statutes, is
6 created to read:
7 338.2216 Florida Turnpike Enterprise; powers and
8 authority.--
9 (1)(a) In addition to the powers granted to the
10 department, the Florida Turnpike Enterprise has full authority
11 to exercise all powers granted to it under this chapter.
12 Powers shall include, but are not limited to, the ability to
13 plan, construct, maintain, repair, and operate the Florida
14 Turnpike System.
15 (b) It is the express intention of this part that the
16 Florida Turnpike Enterprise be authorized to plan, develop,
17 own, purchase, lease, or otherwise acquire, demolish,
18 construct, improve, relocate, equip, repair, maintain,
19 operate, and manage the Florida Turnpike System; to expend
20 funds to publicize, advertise, and promote the advantages of
21 using the turnpike system and its facilities; and to
22 cooperate, coordinate, partner, and contract with other
23 entities, public and private, to accomplish these purposes.
24 (c) The executive director of the turnpike enterprise
25 shall appoint a staff, which shall be exempt from part II of
26 chapter 110. Among the staff shall be chief financial officer,
27 who must be a proven, effective administrator with
28 demonstrated experience in financial management of a large
29 bonded capital program and must hold an active license to
30 practice public accounting in Florida pursuant to chapter
31
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1 473. The turnpike enterprise staff shall also include the
2 Office of Toll Operations.
3 (2) The department shall have the authority to employ
4 procurement methods available to the Department of Management
5 Services under chapters 255 and 287 and under any rule adopted
6 under such chapters solely for the benefit of the turnpike
7 enterprise.
8 (3)(a) The turnpike enterprise shall be a single
9 budget entity and shall develop a budget pursuant to chapter
10 216. The turnpike enterprise's budget shall be submitted to
11 the Legislature along with the department's budget.
12 (b) Notwithstanding the provisions of s. 216.301 to
13 the contrary and in accordance with s. 216.351, the Executive
14 Office of the Governor shall, on July 1 of each year, certify
15 forward all unexpended funds appropriated or provided pursuant
16 to this section for the turnpike enterprise. Of the
17 unexpended funds certified forward, any unencumbered amounts
18 shall be carried forward. Such funds carried forward shall
19 not exceed 5 percent of the total operating budget of the
20 turnpike enterprise. Funds carried forward pursuant to this
21 section may be used for any lawful purpose, including, but not
22 limited to, promotional and market activities, technology, and
23 training. Any certified forward funds remaining undisbursed
24 on December 31 of each year shall be carried forward.
25 (4) The powers conferred upon the turnpike enterprise
26 under ss. 338.22-338.241 shall be in addition and supplemental
27 to the existing powers of the department and the turnpike
28 enterprise, and these powers shall not be construed as
29 repealing any provision of any other law, general or local,
30 but shall supersede such other laws that are inconsistent with
31 the exercise of the powers provided under ss. 338.22-338.241
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1 and provide a complete method for the exercise of such powers
2 granted.
3 Section 19. Subsection (4) of section 338.223, Florida
4 Statutes, is amended to read:
5 338.223 Proposed turnpike projects.--
6 (4) The department is authorized, with the approval of
7 the Legislature, to use federal and state transportation funds
8 to lend or pay a portion of the operating, maintenance, and
9 capital costs of turnpike projects. Federal and state
10 transportation funds included in an adopted work program, or
11 the General Appropriations Act, for a turnpike project do not
12 have to be reimbursed to the State Transportation Trust Fund,
13 or used in determining the economic feasibility of the
14 proposed project. For operating and maintenance loans, the
15 maximum net loan amount in any fiscal year shall not exceed
16 1.5 0.5 percent of state transportation tax revenues for that
17 fiscal year.
18 Section 20. Subsection (2) of section 338.227, Florida
19 Statutes, is amended to read:
20 338.227 Turnpike revenue bonds.--
21 (2) The proceeds of the bonds of each issue shall be
22 used solely for the payment of the cost of the turnpike
23 projects for which such bonds shall have been issued, except
24 as provided in the State Bond Act. Such proceeds shall be
25 disbursed and used as provided by ss. 338.22-338.241 and in
26 such manner and under such restrictions, if any, as the
27 Division of Bond Finance may provide in the resolution
28 authorizing the issuance of such bonds or in the trust
29 agreement hereinafter mentioned securing the same. All
30 revenues and bond proceeds from the turnpike system received
31 by the department pursuant to ss. 338.22-338.241, the Florida
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1 Turnpike Enterprise Law, shall be used only for the cost of
2 turnpike projects and turnpike improvements and for the
3 administration, operation, maintenance, and financing of the
4 turnpike system. No revenues or bond proceeds from the
5 turnpike system shall be spent for the operation, maintenance,
6 construction, or financing of any project which is not part of
7 the turnpike system.
8 Section 21. Section 338.234, Florida Statutes, is
9 amended to read:
10 338.234 Granting concessions or selling along the
11 turnpike system.--
12 (1) The department may enter into contracts or
13 licenses with any person for the sale of grant concessions or
14 sell services or products or business opportunities on along
15 the turnpike system, or the turnpike enterprise may sell
16 services, products, or business opportunities on the turnpike
17 system, which benefit the traveling public or provide
18 additional revenue to the turnpike system. Services, business
19 opportunities, and products authorized to be sold include, but
20 are not limited to, the sale of motor fuel, vehicle towing,
21 and vehicle maintenance services; the sale of food with
22 attendant nonalcoholic beverages; lodging, meeting rooms, and
23 other business services opportunities; advertising and other
24 promotional opportunities, which advertising and promotions
25 must be consistent with the dignity and integrity of the
26 state; the sale of state lottery tickets sold by authorized
27 retailers; games and amusements that the granting of
28 concessions for amusement devices which operate by the
29 application of skill, not including games of chance as defined
30 in s. 849.16 or other illegal gambling games; the sale of
31 Florida citrus, goods promoting the state, or handmade goods
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1 produced within the state; and the granting of concessions for
2 equipment which provides travel information, or tickets,
3 reservations, or other related services; and the granting of
4 concessions which provide banking and other business services.
5 However, the department, pursuant to the grants of authority
6 to the Turnpike Enterprise under this section, shall not
7 exercise the power of eminent domain solely for the purpose of
8 acquiring real property in order to provide business services
9 or opportunities, such as lodging and meeting-room space on
10 the turnpike system. The department may also provide
11 information centers on the plazas for the benefit of the
12 public.
13 (2) The department may provide an opportunity for
14 governmental agencies to hold public events at turnpike plazas
15 which educate the traveling public as to safety, travel, and
16 tourism.
17 Section 22. Subsection (3) of section 338.235, Florida
18 Statutes, is amended to read:
19 338.235 Contracts with department for provision of
20 services on the turnpike system.--
21 (3) The department may enter into contracts or
22 agreements, with or without competitive bidding or
23 procurement, to make available, on a fair, reasonable,
24 nonexclusive, and nondiscriminatory basis, turnpike property
25 and other turnpike structures, for the placement of wireless
26 facilities by any wireless provider of mobile services as
27 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
28 telecommunications company as defined in s. 364.02 when it is
29 determined to be practical and feasible to make such property
30 or structures available. The department may, without adopting
31 a rule, charge a just, reasonable, and nondiscriminatory fee
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1 for placement of the facilities, payable annually, based on
2 the fair market value of space used by comparable
3 communications facilities in the state. The department and a
4 wireless provider may negotiate the reduction or elimination
5 of a fee in consideration of goods or services service
6 provided to the department by the wireless provider. All such
7 fees collected by the department shall be deposited directly
8 into the State Agency Law Enforcement Radio System Trust Fund
9 and may be used to construct, maintain, or support the system.
10 Section 23. Subsection (2) of section 338.239, Florida
11 Statutes, is amended to read:
12 338.239 Traffic control on the turnpike system.--
13 (2) Members of the Florida Highway Patrol are vested
14 with the power, and charged with the duty, to enforce the
15 rules of the department. Approved expenditures Expenses
16 incurred by the Florida Highway Patrol in carrying out its
17 powers and duties under ss. 338.22-338.241 may be treated as a
18 part of the cost of the operation of the turnpike system, and
19 the Department of Highway Safety and Motor Vehicles shall be
20 reimbursed by the turnpike enterprise Department of
21 Transportation for such expenses incurred on the turnpike
22 system mainline, which is that part of the turnpike system
23 extending from the southern terminus in Florida City to the
24 northern terminus in Wildwood including all contiguous
25 sections. Florida Highway Patrol Troop K shall be
26 headquartered with the turnpike enterprise and shall be the
27 official and preferred law enforcement troop for the turnpike
28 system. The Department of Highway Safety and Motor Vehicles
29 may, upon request of the executive director of the turnpike
30 enterprise and approval of the Legislature, increase the
31 number of authorized positions for Troop K, or the executive
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1 director of the turnpike enterprise may contract with the
2 Department of Highway Safety and Motor Vehicles for additional
3 troops to patrol the turnpike system.
4 Section 24. Section 338.241, Florida Statutes, is
5 amended to read:
6 338.241 Cash reserve requirement.--The budget for the
7 turnpike system shall be so planned as to provide for a cash
8 reserve at the end of each fiscal year of not less than 5 10
9 percent of the unpaid balance of all turnpike system
10 contractual obligations, excluding bond obligations, to be
11 paid from revenues.
12 Section 25. Section 338.251, Florida Statutes, is
13 amended to read:
14 338.251 Toll Facilities Revolving Trust Fund.--The
15 Toll Facilities Revolving Trust Fund is hereby created for the
16 purpose of encouraging the development and enhancing the
17 financial feasibility of revenue-producing road projects
18 undertaken by local governmental entities in a county or
19 combination of contiguous counties and the turnpike
20 enterprise.
21 (1) The department is authorized to advance funds for
22 preliminary engineering, traffic and revenue studies,
23 environmental impact studies, financial advisory services,
24 engineering design, right-of-way map preparation, other
25 appropriate project-related professional services, and
26 advanced right-of-way acquisition to expressway authorities,
27 the turnpike enterprise, counties, or other local governmental
28 entities that desire to undertake revenue-producing road
29 projects.
30 (2) No funds shall be advanced pursuant to this
31 section unless the following is documented to the department:
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1 (a) The proposed facility is consistent with the
2 adopted transportation plan of the appropriate metropolitan
3 planning organization and the Florida Transportation Plan.
4 (b) A proposed 2-year budget detailing the use of the
5 cash advance and a project schedule consistent with the
6 budget.
7 (3) Prior to receiving any moneys for advance
8 right-of-way acquisition, it shall be shown that such
9 right-of-way will substantially appreciate prior to
10 construction and that savings will result from its advance
11 purchase. Any such request for moneys for advance
12 right-of-way acquisition shall be accompanied by a preliminary
13 engineering study, environmental impact study, traffic and
14 revenue study, and right-of-way maps along with either a
15 negotiated contract for purchase of the right-of-way, such
16 contract to include a clause stating that it is subject to
17 funding by the department or the Legislature, or an appraisal
18 of the subject property for purpose of condemnation
19 proceedings.
20 (4) Each advance pursuant to this section shall
21 require repayment out of the initial bond issue revenue or, at
22 the discretion of the governmental entity or the turnpike
23 enterprise of the facility, repayment shall begin no later
24 than 7 years after the date of the advance, provided repayment
25 shall be completed no later than 12 years after the date of
26 the advance. However, such election shall be made at the time
27 of the initial bond issue, and, if repayment is to be made
28 during the time period referred to above, a schedule of such
29 repayment shall be submitted to the department.
30 (5) No amount in excess of $1.5 million annually shall
31 be advanced to any one governmental entity or the turnpike
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1 enterprise pursuant to this section without specific
2 appropriation by the Legislature.
3 (6) Funds may not be advanced for funding final design
4 costs beyond 60 percent completion until an acceptable plan to
5 finance all project costs, including the reimbursement of
6 outstanding trust fund advances, is approved by the
7 department.
8 (7) The department may advance funds sufficient to
9 defray shortages in toll revenues of facilities receiving
10 funds pursuant to this section for the first 5 years of
11 operation, up to a maximum of $5 million per year, to be
12 reimbursed to this fund within 5 years of the last advance
13 hereunder. Any advance under this provision shall require
14 specific appropriation by the Legislature.
15 (8) No expressway authority, county, or other local
16 governmental entity, or the turnpike enterprise, shall be
17 eligible to receive any advance under this section if the
18 expressway authority, county, or other local governmental
19 entity or the turnpike enterprise has failed to repay any
20 previous advances as required by law or by agreement with the
21 department.
22 (9) Repayment of funds advanced, including advances
23 made prior to January 1, 1994, shall not include interest.
24 However, interest accruing to local governmental entities and
25 the turnpike enterprise from the investment of advances shall
26 be paid to the department.
27 (10) Any repayment of prior or future advances made
28 from the State Transportation Trust Fund which were used to
29 fund any project phase of a toll facility, shall be deposited
30 in the Toll Facilities Revolving Trust Fund. However, when
31 funds advanced to the Seminole County Expressway Authority
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1 pursuant to this section are repaid to the Toll Facilities
2 Revolving Trust Fund by or on behalf of the Seminole County
3 Expressway Authority, those funds shall thereupon and
4 forthwith be appropriated for and advanced to the Seminole
5 County Expressway Authority for funding the design of and the
6 advanced right-of-way acquisition for that segment of the
7 Seminole County Expressway extending from U.S. Highway 17/92
8 to Interstate Highway 4. Notwithstanding subsection (6), when
9 funds previously advanced to the Orlando-Orange County
10 Expressway Authority are repaid to the Toll Facilities
11 Revolving Trust Fund by or on behalf of the Orlando-Orange
12 County Expressway Authority, those funds may thereupon and
13 forthwith be appropriated for and advanced to the Seminole
14 County Expressway Authority for funding that segment of the
15 Seminole County Expressway extending from U.S. Highway 17/92
16 to Interstate Highway 4. Any funds advanced to the
17 Tampa-Hillsborough County Expressway Authority pursuant to
18 this section which have been or will be repaid on or after
19 July 1, 1998, to the Toll Facilities Revolving Trust Fund on
20 behalf of the Tampa-Hillsborough County Expressway Authority
21 shall thereupon and forthwith be appropriated for and advanced
22 to the Tampa-Hillsborough County Expressway Authority for
23 funding the design of and the advanced right-of-way
24 acquisition for the Brandon area feeder roads, capital
25 improvements to increase capacity to the expressway system,
26 and Lee Roy Selmon Crosstown Expressway System Widening as
27 authorized under s. 348.565.
28 (11) The department shall adopt rules necessary for
29 the implementation of this section, including rules for
30 project selection and funding.
31
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1 Section 26. Paragraphs (a), (f), and (g) of subsection
2 (4) of section 339.135, Florida Statutes, are amended to read:
3 339.135 Work program; legislative budget request;
4 definitions; preparation, adoption, execution, and
5 amendment.--
6 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
7 (a)1. To assure that no district or county is
8 penalized for local efforts to improve the State Highway
9 System, the department shall, for the purpose of developing a
10 tentative work program, allocate funds for new construction to
11 the districts, except for the turnpike enterprise district,
12 based on equal parts of population and motor fuel tax
13 collections. Funds for resurfacing, bridge repair and
14 rehabilitation, bridge fender system construction or repair,
15 public transit projects except public transit block grants as
16 provided in s. 341.052, and other programs with quantitative
17 needs assessments shall be allocated based on the results of
18 these assessments. The department may not transfer any funds
19 allocated to a district under this paragraph to any other
20 district except as provided in subsection (7). Funds for
21 public transit block grants shall be allocated to the
22 districts pursuant to s. 341.052.
23 2. Notwithstanding the provisions of subparagraph 1.,
24 the department shall allocate at least 50 percent of any new
25 discretionary highway capacity funds to the Florida Intrastate
26 Highway System established pursuant to s. 338.001. Any
27 remaining new discretionary highway capacity funds shall be
28 allocated to the districts for new construction as provided in
29 subparagraph 1. For the purposes of this subparagraph, the
30 term "new discretionary highway capacity funds" means any
31 funds available to the department above the prior year funding
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1 level for capacity improvements, which the department has the
2 discretion to allocate to highway projects.
3 (f) The central office shall submit a preliminary copy
4 of the tentative work program to the Executive Office of the
5 Governor, the legislative appropriations committees, the
6 Florida Transportation Commission, and the Department of
7 Community Affairs at least 14 days prior to the convening of
8 the regular legislative session. Prior to the statewide
9 public hearing required by paragraph (g), the Department of
10 Community Affairs shall transmit to the Florida Transportation
11 Commission a list of those projects and project phases
12 contained in the tentative work program which are identified
13 as being inconsistent with approved local government
14 comprehensive plans. For urbanized areas of metropolitan
15 planning organizations, the list may not contain any project
16 or project phase that is scheduled in a transportation
17 improvement program unless such inconsistency has been
18 previously reported to the affected metropolitan planning
19 organization. The commission shall consider the list as part
20 of its evaluation of the tentative work program conducted
21 pursuant to s. 20.23.
22 (g)1. The Florida Transportation Commission shall
23 conduct a statewide public hearing on the tentative work
24 program and shall advertise the time, place, and purpose of
25 the hearing in the Florida Administrative Weekly at least 7
26 days prior to the hearing. As part of the statewide public
27 hearing, the commission shall, at a minimum:
28 a.1. Conduct an in-depth evaluation of the tentative
29 work program as required in s. 20.23 for compliance with
30 applicable laws and departmental policies; and
31
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1 b.2. Hear all questions, suggestions, or other
2 comments offered by the public.
3 2. By no later than 14 days after the regular
4 legislative session begins, the commission shall submit to the
5 Executive Office of the Governor and the legislative
6 appropriations committees a report that evaluates the
7 tentative work program for:
8 a. Financial soundness;
9 b. Stability;
10 c. Production capacity;
11 d. Accomplishments, including compliance with program
12 objectives in s. 334.046;
13 e. Compliance with approved local government
14 comprehensive plans;
15 f. Objections and requests by metropolitan planning
16 organizations;
17 g. Policy changes and effects thereof;
18 h. Identification of statewide or regional projects;
19 and
20 i. Compliance with all other applicable laws.
21 Section 27. Subsection (1) of section 553.80, Florida
22 Statutes, is amended to read:
23 553.80 Enforcement.--
24 (1) Except as provided in paragraphs (a)-(f) (a)-(e),
25 each local government and each legally constituted enforcement
26 district with statutory authority shall regulate building
27 construction and, where authorized in the state agency's
28 enabling legislation, each state agency shall enforce the
29 Florida Building Code required by this part on all public or
30 private buildings, structures, and facilities, unless such
31
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1 responsibility has been delegated to another unit of
2 government pursuant to s. 553.79(9).
3 (a) Construction regulations relating to correctional
4 facilities under the jurisdiction of the Department of
5 Corrections and the Department of Juvenile Justice are to be
6 enforced exclusively by those departments.
7 (b) Construction regulations relating to elevator
8 equipment under the jurisdiction of the Bureau of Elevators of
9 the Department of Business and Professional Regulation shall
10 be enforced exclusively by that department.
11 (c) In addition to the requirements of s. 553.79 and
12 this section, facilities subject to the provisions of chapter
13 395 and part II of chapter 400 shall have facility plans
14 reviewed and construction surveyed by the state agency
15 authorized to do so under the requirements of chapter 395 and
16 part II of chapter 400 and the certification requirements of
17 the Federal Government.
18 (d) Building plans approved pursuant to s. 553.77(6)
19 and state-approved manufactured buildings, including buildings
20 manufactured and assembled offsite and not intended for
21 habitation, such as lawn storage buildings and storage sheds,
22 are exempt from local code enforcing agency plan reviews
23 except for provisions of the code relating to erection,
24 assembly, or construction at the site. Erection, assembly, and
25 construction at the site are subject to local permitting and
26 inspections.
27 (e) Construction regulations governing public schools,
28 state universities, and community colleges shall be enforced
29 as provided in subsection (6).
30 (f) The Florida Building Code as it pertains to toll
31 collection facilities under the jurisdiction of the turnpike
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1 enterprise of the Department of Transportation shall be
2 enforced exclusively by the turnpike enterprise.
3
4 The governing bodies of local governments may provide a
5 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
6 and this section, for the enforcement of the provisions of
7 this part. Such fees shall be used solely for carrying out
8 the local government's responsibilities in enforcing the
9 Florida Building Code. The authority of state enforcing
10 agencies to set fees for enforcement shall be derived from
11 authority existing on July 1, 1998. However, nothing contained
12 in this subsection shall operate to limit such agencies from
13 adjusting their fee schedule in conformance with existing
14 authority.
15 Section 28. Section 341.8201, Florida Statutes, is
16 created to read:
17 341.8201 Short title.--Sections 341.8201-341.843 may
18 be cited as the "Florida High-Speed Rail Authority Act."
19 Section 29. Section 341.8202, Florida Statutes, is
20 created to read:
21 341.8202 Legislative findings, policy, purpose, and
22 intent.--
23 (1) The intent of this act is to implement the purpose
24 of s. 19, Art. X of the State Constitution, which directs the
25 Legislature, the Cabinet and the Governor to proceed with the
26 development, either by the state or an approved private
27 entity, of a high-speed monorail, fixed guideway, or magnetic
28 levitation system, capable of speeds in excess of 120 miles
29 per hour. The development of such a system, which will link
30 Florida's five largest urban areas as defined in this act,
31 includes acquisition of right-of-way and the financing of
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1 design and construction with construction beginning on or
2 before November 1, 2003. Further, this act promotes the
3 various growth management and environmental protection laws
4 enacted by the Legislature and encourages and enhances the
5 establishment of a high-speed rail system. The Legislature
6 further finds that:
7 (a) The implementation of a high-speed rail system in
8 the state will result in overall social and environmental
9 benefits, improvements in ambient air quality, better
10 protection of water quality, greater preservation of wildlife
11 habitat, less use of open space, and enhanced conservation of
12 natural resources and energy.
13 (b) A high-speed rail system, when developed in
14 conjunction with sound land use planning, becomes an integral
15 part in achieving growth management goals and encourages the
16 use of public transportation to augment and implement land use
17 and growth management goals and objectives.
18 (c) Development and utilization of a properly
19 designed, constructed, and financed high-speed rail system and
20 associated development can act as a catalyst for economic
21 growth and development, mitigate unduly long and
22 traffic-congested commutes for day-to-day commuters, create
23 new employment opportunities, serve as a positive growth
24 management system for building a better and more
25 environmentally secure state, and serve a paramount public
26 purpose by promoting the health, safety, and welfare of the
27 citizens of the state.
28 (d) Transportation benefits of a high-speed rail
29 system include improved travel times and more reliable travel,
30 which will increase productivity and energy efficiency in the
31 state.
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1 (2) The Legislature further finds that:
2 (a) Access to timely and efficient modes of passenger
3 transportation is necessary for travelers, visitors, and
4 day-to-day commuters, to the quality of life in the state, and
5 to the economy of the state.
6 (b) Technological advances in the state's
7 transportation system can significantly and positively affect
8 the ability of the state to attract and provide efficient
9 services for domestic and international tourists and therefore
10 increase revenue of the state.
11 (c) The geography of the state is suitable for the
12 construction and efficient operation of a high-speed rail
13 system.
14 (d) The public use of the high-speed rail system must
15 be encouraged and assured in order to achieve the public
16 purpose and objectives set forth in this act. In order to
17 encourage the public use of the high-speed rail system and to
18 protect the public investment in the system, it is necessary
19 to provide an environment surrounding each high-speed rail
20 station which will allow the development of associated
21 development for the purpose of creating revenue in support of
22 and for the high-speed rail system, enhance the safe movement
23 of pedestrians and traffic into and out of the area, ensure
24 the personal safety of high-speed rail system and related
25 facility users and their personal property while the users are
26 in the area of each station, and eliminate all conditions in
27 the vicinity which constitute economic and social impediments
28 and barriers to the use of the high-speed rail system and
29 associated development.
30 (e) Areas surrounding certain proposed high-speed rail
31 stations can, as a result of existing conditions, crime, and
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1 traffic congestion, pose a serious threat to the use of the
2 high-speed rail system, reduce revenue from users, discourage
3 pedestrian and traffic ingress and egress, retard sound growth
4 and development, impair public investment, and consume an
5 excessive amount of public revenues in the employment of
6 police and other forms of public protection to adequately
7 safeguard the high-speed rail system and its users. Such areas
8 may require redevelopment, acquisition, clearance, or
9 disposition, or joint public and private development to
10 provide parking facilities, retail establishments,
11 restaurants, hotels, or office facilities associated with or
12 ancillary to the high-speed rail system and rail stations and
13 to otherwise provide for an environment that will encourage
14 the use of, and safeguard, the system.
15 (f) The powers conferred by this act are for public
16 uses and purposes as established by s. 19, Art. X of the State
17 Constitution for which public funds may be expended, and the
18 necessity in the public interest for the provisions herein
19 enacted is hereby declared as a matter of legislative
20 determination to implement the intent of s. 19, Art. X of the
21 State Constitution.
22 (g) Urban and social benefits include revitalization
23 of economically depressed areas, the redirection of growth in
24 a carefully and comprehensively planned manner, and the
25 creation of numerous employment opportunities within
26 inner-city areas.
27 (h) The provisions contained in this act are a
28 declaration of legislative intent that the state develop a
29 high-speed rail system to help solve transportation problems
30 and eliminate their negative effect on the citizens of this
31 state, and therefore serves a public purpose.
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1 (i) Joint development is a necessary planning,
2 financing, management, operation, and construction mechanism
3 to ensure the continued future development of an efficient and
4 economically viable high-speed rail system in this state.
5 (3) It is the intent of the Legislature to authorize
6 the authority to implement innovative mechanisms required to
7 effect the joint public-private venture approach to planning,
8 locating, permitting, managing, financing, constructing,
9 operating, and maintaining a high-speed rail system for the
10 state, including providing incentives for revenue generation,
11 operation, construction, and management by the private sector.
12 Section 30. Section 341.8203, Florida Statutes, is
13 created to read:
14 341.8203 Definitions.--As used in this act, unless the
15 context clearly indicates otherwise, the term:
16 (1) "Associated development" means property,
17 equipment, buildings, or other ancillary facilities which are
18 built, installed, or established to provide financing,
19 funding, or revenues for the planning, building, managing, and
20 operation of a high-speed rail system and which are associated
21 with or part of the rail stations. The term includes property,
22 including air rights, necessary for joint development, such as
23 parking facilities, retail establishments, restaurants,
24 hotels, offices, or other commercial, civic, residential, or
25 support facilities, and may also include property necessary to
26 protect or preserve the rail station area by reducing urban
27 blight or traffic congestion or property necessary to
28 accomplish any of the purposes set forth in this subsection
29 which are reasonably anticipated or necessary.
30 (2) "Authority" means the Florida High-Speed Rail
31 Authority and its agents.
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1 (3) "Central Florida" means the counties of Lake,
2 Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,
3 Hernando, Pasco, Hillsborough, Pinellas, and Polk.
4 (4) "DBOM contract" means the document and all
5 concomitant rights approved by the authority providing the
6 selected person or entity the exclusive right to design,
7 build, operate, and maintain a high-speed rail system.
8 (5) "DBOM & F contract" means the document and all
9 concomitant rights approved by the authority providing the
10 selected person or entity the exclusive right to design,
11 build, operate, maintain, and finance a high-speed rail
12 system.
13 (6) "High-speed rail system" means any high-speed
14 fixed guideway system for transporting people or goods, which
15 system is capable of operating at speeds in excess of 120
16 miles per hour, including, but not limited to, a monorail
17 system, dual track rail system, suspended rail system,
18 magnetic levitation system, pneumatic repulsion system, or
19 other system approved by the authority. The term includes a
20 corridor and structures essential to the operation of the
21 line, including the land, structures, improvements,
22 rights-of-way, easements, rail lines, rail beds, guideway
23 structures, stations, platforms, switches, yards, parking
24 facilities, power relays, switching houses, rail stations,
25 associated development, and any other facilities or equipment
26 used or useful for the purposes of high-speed rail system
27 design, construction, operation, maintenance, or the financing
28 of the high-speed rail system.
29 (7) "Joint development" means the planning, managing,
30 financing, or constructing of projects adjacent to,
31 functionally related to, or otherwise related to a high-speed
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1 rail system pursuant to agreements between any person, firm,
2 corporation, association, organization, agency, or other
3 entity, public or private.
4 (8) "Northeast Florida" means the counties of Nassau,
5 Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
6 (9) "Northwest Florida" means the counties of
7 Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,
8 Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,
9 Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,
10 Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,
11 and Levy.
12 (10) "Rail station," "station," or "high-speed rail
13 station" means any structure or transportation facility that
14 is part of a high-speed rail system designed to accommodate
15 the movement of passengers from one mode of transportation to
16 another at which passengers board or disembark from
17 transportation conveyances and transfer from one mode of
18 transportation to another.
19 (11) "Selected person or entity" means the person or
20 entity to whom the authority awards a contract under s.
21 341.834 to establish a high-speed rail system pursuant to this
22 act.
23 (12) "Southeast Florida" means the counties of
24 Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,
25 Okeechobee, and Palm Beach.
26 (13) "Southwest Florida" means the counties of
27 Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,
28 Glades, Lee, Hendry, and Collier.
29 (14) "Urban areas" means Central Florida, Northeast
30 Florida, Northwest Florida, Southeast Florida, and Southwest
31 Florida.
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1 Section 31. Section 341.821, Florida Statutes, is
2 amended to read:
3 341.821 Florida High-Speed Rail Authority.--
4 (1) There is created and established a body politic
5 and corporate, an agency of the state, to be known as the
6 "Florida High-Speed Rail Authority," hereinafter referred to
7 as the "authority."
8 (2)(a) The governing board of the authority shall
9 consist of nine voting members appointed as follows:
10 1. Three members shall be appointed by the Governor,
11 one of whom must have a background in the area of
12 environmental concerns, one of whom must have a legislative
13 background, and one of whom must have a general business
14 background.
15 2. Three members shall be appointed by the President
16 of the Senate, one of whom must have a background in civil
17 engineering, one of whom must have a background in
18 transportation construction, and one of whom must have a
19 general business background.
20 3. Three members shall be appointed by the Speaker of
21 the House of Representatives, one of whom must have a legal
22 background, one of whom must have a background in financial
23 matters, and one of whom must have a general business
24 background.
25 (b) The appointed members shall not be subject to
26 confirmation by the Senate. The initial term of each member
27 appointed by the Governor shall be for 4 years. The initial
28 term of each member appointed by the President of the Senate
29 shall be for 3 years. The initial term of each member
30 appointed by the Speaker of the House of Representatives shall
31 be for 2 years. Succeeding terms for all members shall be for
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1 terms of 4 years. Initial appointments must be made within 30
2 days after the effective date of this act.
3 (c) A vacancy occurring during a term shall be filled
4 by the respective appointing authority in the same manner as
5 the original appointment and only for the balance of the
6 unexpired term. An appointment to fill a vacancy shall be made
7 within 60 days after the occurrence of the vacancy.
8 (d) The Secretary of Transportation shall be a
9 nonvoting ex officio member of the board.
10 (e) The board shall elect one of its members as chair
11 of the authority. The chair shall hold office at the will of
12 the board. Five members of the board shall constitute a
13 quorum, and the vote of five members shall be necessary for
14 any action taken by the authority. The authority may meet upon
15 the constitution of a quorum. No vacancy in the authority
16 shall impair the right of a quorum of the board to exercise
17 all rights and perform all duties of the authority.
18 (f) The members of the board shall not be entitled to
19 compensation but shall be entitled to receive their travel and
20 other necessary expenses as provided in s. 112.061.
21 (3) Notwithstanding any other law to the contrary, it
22 shall not be or constitute a conflict of interest for a person
23 having a background specified in this section to serve as a
24 member of the authority. However, in each official decision to
25 which this act is applicable, such member's firm or related
26 entity may not have a financial or economic interest nor shall
27 the authority contract with or conduct any business with a
28 member or such member's firm or directly related business
29 entity.
30 (4) The authority shall be assigned to the Department
31 of Transportation for administrative purposes. The authority
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1 shall be a separate budget entity. The Department of
2 Transportation shall provide administrative support and
3 service to the authority to the extent requested by the chair
4 of the authority. The authority shall not be subject to
5 control, supervision, or direction by the Department of
6 Transportation in any manner, including, but not limited to,
7 personnel, purchasing, transactions involving real or personal
8 property, and budgetary matters.
9 Section 32. Section 341.822, Florida Statutes, is
10 amended to read:
11 341.822 Powers and duties.--
12 (1) The authority created and established by this act
13 shall locate, plan, design, finance, construct, maintain, own,
14 operate, administer, and manage the preliminary engineering
15 and preliminary environmental assessment of the intrastate
16 high-speed rail system in the state., hereinafter referred to
17 as "intrastate high-speed rail."
18 (2) The authority may exercise all powers granted to
19 corporations under the Florida Business Corporation Act,
20 chapter 607, except the authority may only not incur debt in
21 accordance with levels authorized by the Legislature.
22 (3) The authority shall have perpetual succession as a
23 body politic and corporate.
24 (4) The authority is authorized to seek and obtain
25 federal matching funds or any other funds to fulfill the
26 requirements of this act either directly or through the
27 Department of Transportation.
28 (5) The authority may employ an executive director,
29 permanent or temporary, as it may require and shall determine
30 the qualifications and fix the compensation. The authority may
31 delegate to one or more of its agents or employees such of its
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1 power as it deems necessary to carry out the purposes of this
2 act, subject always to the supervision and control of the
3 authority.
4 Section 33. Section 341.823, Florida Statutes, is
5 amended to read:
6 341.823 Criteria for assessment and recommendations.--
7 (1) The following criteria shall apply to the
8 establishment of the high-speed rail system in developing the
9 preliminary engineering, preliminary environmental assessment,
10 and recommendations required by this act:
11 (a) The system shall be capable of traveling speeds in
12 excess of 120 miles per hour consisting of dedicated rails or
13 guideways separated from motor vehicle traffic;
14 (b) The initial segments of the system will be
15 developed and operated between the St. Petersburg area, the
16 Tampa area, and the Orlando area, with future service to the
17 Miami area;
18 (c) The authority is to develop a program model that
19 uses, to the maximum extent feasible, nongovernmental sources
20 of funding for the design, construction, maintenance, and
21 operation, and financing of the system;
22 (2) The authority shall establish requirements make
23 recommendations concerning:
24 (a) The format and types of information that must be
25 included in a financial or business plan for the high-speed
26 rail system, and the authority may develop that financial or
27 business plan;
28 (b) The preferred routes between the cities and urban
29 areas designated in accordance with s. 341.8203 in paragraph
30 (1)(b);
31
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1 (c) The preferred locations for the stations in the
2 cities and urban areas designated in accordance with s.
3 341.8203 in paragraph (1)(b);
4 (d) The preferred locomotion technology to be employed
5 from constitutional choices of monorail, fixed guideway, or
6 magnetic levitation; and
7 (e) Any changes that may be needed in state statutes
8 or federal laws which would make the proposed system eligible
9 for available federal funding; and
10 (e)(f) Any other issues the authority deems relevant
11 to the development of a high-speed rail system.
12 (3) The authority shall develop a marketing plan, a
13 detailed planning-level ridership study, and an estimate of
14 the annual operating and maintenance cost for the system and
15 all other associate expenses.
16 (3) When preparing the operating plan, the authority
17 shall include:
18 (a) The frequency of service between the cities
19 designated in paragraph (1)(b);
20 (b) The proposed fare structure for passenger and
21 freight service;
22 (c) Proposed trip times, system capacity, passenger
23 accommodations, and amenities;
24 (d) Methods to ensure compliance with applicable
25 environmental standards and regulations;
26 (e) A marketing plan, including strategies that can be
27 employed to enhance the utilization of the system;
28 (f) A detailed planning-level ridership study;
29 (g) Consideration of nonfare revenues that may be
30 derived from:
31 1. The sale of development rights at the stations;
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1 2. License, franchise, and lease fees;
2 3. Sale of advertising space on the trains or in the
3 stations; and
4 4. Any other potential sources deemed appropriate.
5 (h) An estimate of the total cost of the entire
6 system, including, but not limited to, the costs to:
7 1. Design and build the stations and monorail, fixed
8 guideway, or magnetic levitation system;
9 2. Acquire any necessary rights-of-way;
10 3. Purchase or lease rolling stock and other equipment
11 necessary to build, operate, and maintain the system.
12 (i) An estimate of the annual operating and
13 maintenance costs for the system and all other associated
14 expenses.
15 (j) An estimate of the value of assets the state or
16 its political subdivisions may provide as in-kind
17 contributions for the system, including rights-of-way,
18 engineering studies performed for previous high-speed rail
19 initiatives, land for rail stations and necessary maintenance
20 facilities, and any expenses that may be incurred by the state
21 or its political subdivisions to accommodate the installation
22 of the system.
23 (k) An estimate of the funding required per year from
24 state funds for the next 30 years for operating the preferred
25 routes between the cities designated in paragraph (1)(b).
26
27 Whenever applicable and appropriate, the authority will base
28 estimates of projected costs, expenses, and revenues on
29 documented expenditures or experience derived from similar
30 projects.
31
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1 Section 34. Section 341.824, Florida Statutes, is
2 amended to read:
3 341.824 Technical, scientific, or other assistance.--
4 (1) The Florida Transportation Commission, the
5 Department of Community Affairs, and the Department of
6 Environmental Protection shall, at the authority's request,
7 provide technical, scientific, or other assistance.
8 (2) The Department of Community Affairs shall, if
9 requested, provide assistance to local governments in
10 analyzing the land use and comprehensive planning aspects of
11 the high-speed rail system. The Department of Community
12 Affairs shall assist the authority with the resolution of any
13 conflicts between the system and adopted local comprehensive
14 plans.
15 (3) The Department of Environmental Protection shall,
16 if requested, provide assistance to local governments and
17 other permitting agencies in analyzing the environmental
18 aspects of the high-speed rail system. The Department of
19 Environmental Protection shall assist the authority and the
20 contractor in expediting the approval of the necessary
21 environmental permits for the system.
22 Section 35. Section 341.827, Florida Statutes, is
23 created to read:
24 341.827 Service areas; segment designation.--
25 (1) The authority shall determine in which order the
26 service areas, as designated by the Legislature, will be
27 served by the high-speed rail system.
28 (2) The authority shall plan and develop the
29 high-speed rail system so that construction proceeds as
30 follows:
31
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1 (a) The initial segments of the system shall be
2 developed and operated between the St. Petersburg area, the
3 Tampa area, the Lakeland/Winter Haven area, and the Orlando
4 area, with future service to the Miami area.
5 (b) Construction of subsequent segments of the
6 high-speed rail system shall connect the metropolitan areas of
7 Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.
8 Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.
9 Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,
10 Tallahassee, and Pensacola.
11 (c) Selection of segments of the high-speed rail
12 system to be constructed subsequent to the initial segments of
13 the system shall be prioritized by the authority, giving
14 consideration to the demand for service, financial
15 participation by local governments, financial participation by
16 the private sector, and the available financial resources of
17 the authority.
18 Section 36. Section 341.828, Florida Statutes, is
19 created to read:
20 341.828 Permitting.--
21 (1) The authority, for the purposes of permitting, may
22 utilize one or more permitting processes provided for in
23 statute, including, but not limited to, the metropolitan
24 planning organization long-range transportation planning
25 process as defined in s. 339.175 (6) and (7), in conjunction
26 with the Department of Transportation's work program process
27 as defined in s. 339.135, or any permitting process now in
28 effect or that may be in effect at the time of permitting and
29 will provide the most timely and cost-effective permitting
30 process.
31
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1 (2) The authority shall work in cooperation with
2 metropolitan planning organizations in areas where the
3 high-speed rail system will be located. The metropolitan
4 planning organizations shall cooperate with the authority and
5 include the high-speed rail system alignment within their
6 adopted long-range transportation plans and transportation
7 improvement programs for the purposes of providing public
8 information, consistency with the plans, and receipt of
9 federal and state funds by the authority to support the
10 high-speed rail system.
11 (3) For purposes of selecting a route alignment, the
12 authority may use the project development and environment
13 study process, including the efficient transportation
14 decisionmaking system process as adopted by the Department of
15 Transportation.
16 Section 37. Section 341.829, Florida Statutes, is
17 created to read:
18 341.829 Conflict prevention, mitigation, and
19 resolution.--
20 (1) The authority, in conjunction with the Executive
21 Office of the Governor, the Department of Community Affairs,
22 and the Department of Environmental Protection, shall develop
23 and implement, within 180 days after the effective date of
24 this act, a process to prevent, mitigate, and resolve, to the
25 maximum extent feasible, any conflicts or potential conflicts
26 of a high-speed rail system with growth management
27 requirements and environmental standards.
28 (2) Any person who disagrees with the alignment
29 decision must file a complaint with the authority within 20
30 days after the authority's final adoption of the alignment.
31
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1 (3) The authority must respond to any timely filed
2 complaint within 60 days after the complaint is filed with the
3 authority.
4 Section 38. Section 341.830, Florida Statutes, is
5 created to read:
6 341.830 Procurement.--
7 (1) The authority may employ procurement methods under
8 chapters 255, 287, and 337 and under any rule adopted under
9 such chapters. To enhance the effective and efficient
10 operation of the authority, and to enhance the ability of the
11 authority to use best business practices, the authority may,
12 pursuant to ss. 120.536(1) and 120.54, adopt rules for and
13 employ procurement methods available to the private sector.
14 (2) The authority is authorized to procure commodities
15 and the services of a qualified person or entity to design,
16 build, finance, operate, maintain, and implement a high-speed
17 rail system, including the use of a DBOM or DBOM & F method
18 using a request for proposal, a request for qualifications, or
19 an invitation to negotiate.
20 Section 39. Section 341.831, Florida Statutes, is
21 created to read:
22 341.831 Prequalification.--
23 (1) The authority may prequalify interested persons or
24 entities prior to seeking proposals for the design,
25 construction, operation, maintenance, and financing of the
26 high-speed rail system. The authority may establish qualifying
27 criteria that may include, but not be limited to, experience,
28 financial resources, organization and personnel, equipment,
29 past record or history of the person or entity, ability to
30 finance or issue bonds, and ability to post a construction or
31 performance bond.
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1 (2) The authority may establish the qualifying
2 criteria in a request for qualification without adopting the
3 qualifying criteria as rules.
4 Section 40. Section 341.832, Florida Statutes, is
5 created to read:
6 341.832 Request for qualifications.--
7 (1) The authority is authorized to develop and execute
8 a request for qualifications process to seek a person or
9 entity to design, build, operate, maintain, and finance a
10 high-speed rail system. The authority may issue multiple
11 requests for qualifications. The authority shall develop
12 criteria for selection of a person or entity that shall be
13 included in any request for qualifications.
14 (2) The authority may issue a request for
15 qualifications without adopting a rule.
16 Section 41. Section 341.833, Florida Statutes, is
17 created to read:
18 341.833 Request for proposals.--
19 (1) The authority is authorized to develop and execute
20 a request for proposals process to seek a person or entity to
21 design, build, operate, maintain, and finance a high-speed
22 rail system. The authority may issue multiple requests for
23 proposals. The authority shall develop criteria for selection
24 of a person or entity that shall be included in any request
25 for proposals.
26 (2) In the request for proposals, the authority shall
27 specify the minimum period of time for the contract duration.
28 A person or entity may propose a longer period of time for the
29 contract and provide justification of the need for an extended
30 contract period. If the authority extends the time period for
31
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1 the contract, such time period shall be extended for all
2 persons or entities if so requested.
3 Section 42. Section 341.834, Florida Statutes, is
4 created to read:
5 341.834 Award of contract.--
6 (1) The authority may award a contract subject to such
7 terms and conditions, including, but not limited to,
8 compliance with any applicable permitting requirements, and
9 any other terms and conditions the authority considers
10 appropriate.
11 (2) The contract shall authorize the contractor to
12 provide service between stations as established by the
13 contract. The contractor shall coordinate its facilities and
14 services with passenger rail providers, commuter rail
15 authorities, and public transit providers to provide access to
16 and from the high-speed rail system.
17 (3) The contractor shall not convey, lease, or
18 otherwise transfer any high-speed rail system property, any
19 interest in such property, or any improvement constructed upon
20 such property without written approval of the authority.
21 Section 43. Section 341.835, Florida Statutes, is
22 created to read:
23 341.835 Acquisition of property; rights-of-way;
24 disposal of land.--
25 (1) The authority may purchase, lease, exchange, or
26 otherwise acquire any land, property interests, or buildings
27 or other improvements, including personal property within such
28 buildings or on such lands, necessary to secure or utilize
29 rights-of-way for existing, proposed, or anticipated
30 high-speed rail system facilities.
31
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1 (2) Title to any property acquired in the name of the
2 authority shall be administered by the authority under such
3 terms and conditions as the authority may require.
4 (3) When the authority acquires property for a
5 high-speed rail system, or any related or ancillary
6 facilities, by purchase or donation, it is not subject to any
7 liability imposed by chapter 376 or chapter 403 for
8 preexisting soil or groundwater contamination due solely to
9 its ownership. This section does not affect the rights or
10 liabilities of any past or future owners of the acquired
11 property, nor does it affect the liability of any governmental
12 entity for the results of its actions which create or
13 exacerbate a pollution source. The authority and the
14 Department of Environmental Protection may enter into
15 interagency agreements for the performance, funding, and
16 reimbursement of the investigative and remedial acts necessary
17 for property acquired by the authority.
18 (4) In acquiring property or property rights for any
19 high-speed rail system or related or ancillary facilities, the
20 authority may acquire an entire lot, block, or tract of land
21 if the interests of the public will be best served by such
22 acquisition, even though the entire lot, block, or tract is
23 not immediately needed for the right-of-way proper or for the
24 specific related or ancillary facilities.
25 (5) The authority, by resolution, may dispose of any
26 interest in property acquired pursuant to this section on
27 terms and conditions the authority deems appropriate.
28 (6) The authority and its employees and agents shall
29 have the right to enter upon properties which may be
30 determined to be necessary for the construction,
31 reconstruction, relocation, maintenance, and operation of a
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1 proposed high-speed rail system and associated development and
2 related or ancillary facilities as described in subsection (1)
3 for the purposes of surveying and soil and environmental
4 testing.
5 (7) The authority is authorized to accept donations of
6 real property from public or private entities for the purposes
7 of implementing a high-speed rail system.
8 Section 44. Section 341.836, Florida Statutes, is
9 created to read:
10 341.836 Associated development.--
11 (1) The authority, alone or as part of a joint
12 development, may undertake development of associated
13 developments to be a source of revenue for the establishment,
14 construction, operation, or maintenance of the high-speed rail
15 system. Such associated developments must be associated with
16 a rail station and have pedestrian ingress to and egress from
17 the rail station; be consistent, to the extent feasible, with
18 applicable local government comprehensive plans and local land
19 development regulations; and otherwise be in compliance with
20 the provisions of this act.
21 (2) This act does not prohibit the authority, the
22 selected person or entity, or a party to a joint venture with
23 the authority or its selected person or entity from obtaining
24 approval, pursuant to any other law, for any associated
25 development that is reasonably related to the high-speed rail
26 system.
27 Section 45. Section 341.837, Florida Statutes, is
28 created to read:
29 341.837 Payment of expenses.--All expenses incurred in
30 carrying out the provisions of this act shall be payable
31
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1 solely from funds provided under the authority of this act, or
2 from other legally available sources.
3 Section 46. Section 341.838, Florida Statutes, is
4 created to read:
5 341.838 Rates, rents, fees, and charges.--
6 (1) The authority is authorized to fix, revise,
7 charge, and collect rates, rents, fees, charges, and revenues
8 for the use of and for the services furnished, or to be
9 furnished, by the system and to contract with any person,
10 partnership, association, corporation, or other body, public
11 or private, in respect thereof. Such rates, rents, fees, and
12 charges shall be reviewed annually by the authority and may be
13 adjusted as set forth in the contract setting such rates,
14 rents, fees, or charges. The funds collected hereunder shall,
15 with any other funds available, be used to pay the cost of all
16 administrative expenses of the authority, and the cost of
17 designing, building, operating, and maintaining the system and
18 each and every portion thereof, to the extent that the payment
19 of such cost has not otherwise been adequately provided for.
20 (2) Rates, rents, fees, and charges fixed, revised,
21 charged, and collected pursuant to this section shall not be
22 subject to supervision or regulation by any department,
23 commission, board, body, bureau, or agency of this state other
24 than the authority.
25 Section 47. Section 341.839, Florida Statutes, is
26 created to read:
27 341.839 Alternate means.--The foregoing sections of
28 this act shall be deemed to provide an additional and
29 alternative method for accomplishing the purposes authorized
30 therein, and shall be regarded as supplemental and additional
31 to powers conferred by other laws. Except as otherwise
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1 expressly provided in this act, none of the powers granted to
2 the authority under the provisions of this act shall be
3 subject to the supervision or require the approval or consent
4 of any municipality or political subdivision or any
5 commission, board, body, bureau, or official.
6 Section 48. Section 341.840, Florida Statutes, is
7 created to read:
8 341.840 Tax exemption.--The exercise of the powers
9 granted by this act will be in all respects for the benefit of
10 the people of this state, for the increase of their commerce,
11 welfare, and prosperity, and for the improvement of their
12 health and living conditions, and as the design, building,
13 operation, maintenance, and financing of a system by the
14 authority or its agent or the owner or lessee thereof, as
15 herein authorized, constitutes the performance of an essential
16 public function, neither the authority, its agent, nor the
17 owner of such system shall be required to pay any taxes or
18 assessments upon or in respect to the system or any property
19 acquired or used by the authority, its agent, or such owner
20 under the provisions of this act or upon the income therefrom,
21 any security therefor, their transfer, and the income
22 therefrom, including any profit made on the sale thereof,
23 shall at all times be free from taxation of every kind by the
24 state, the counties, and the municipalities and other
25 political subdivisions in the state.
26 Section 49. Section 341.841, Florida Statutes, is
27 created to read:
28 341.841 Report; audit.--The authority shall prepare an
29 annual report of its actions, findings, and recommendations
30 and submit the report to the Governor, the President of the
31 Senate, and the Speaker of the House of Representatives on or
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1 before January 1. The authority shall provide for an annual
2 financial audit, as defined in s. 11.45, of its accounts and
3 records conducted by an independent certified public
4 accountant. The audit report shall include a management letter
5 as defined in s. 11.45. The cost of the audit shall be paid
6 from funds available to the authority pursuant to this act.
7 Section 50. Section 341.842, Florida Statutes, is
8 created to read:
9 341.842 Liberal construction.--This act, being
10 necessary for the welfare of the state and its inhabitants,
11 shall be liberally construed to effect the purposes hereof.
12 Section 51. Subsection (10) of section 288.109,
13 Florida Statutes, is amended to read:
14 288.109 One-Stop Permitting System.--
15 (10) Notwithstanding any other provision of law or
16 administrative rule to the contrary, the fee imposed by a
17 state agency or water management district for issuing a
18 development permit shall be waived for a 6-month period
19 beginning on the date the state agency or water management
20 district begins accepting development permit applications over
21 the Internet and the applicant submits the development permit
22 to the agency or district using the One-Stop Permitting
23 System. The 6-month fee waiver shall not apply to development
24 permit fees assessed by the Electrical Power Plant Siting Act,
25 ss. 403.501-403.519; the Transmission Line Siting Act, ss.
26 403.52-403.5365; the statewide Multi-purpose Hazardous Waste
27 Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas
28 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed
29 Rail Transportation Siting Act, ss. 341.3201-341.386.
30 Section 52. Subsection (6) of section 334.30, Florida
31 Statutes, is amended to read:
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1 334.30 Private transportation facilities.--The
2 Legislature hereby finds and declares that there is a public
3 need for rapid construction of safe and efficient
4 transportation facilities for the purpose of travel within the
5 state, and that it is in the public's interest to provide for
6 the construction of additional safe, convenient, and
7 economical transportation facilities.
8 (6) Notwithstanding s. 341.327, A fixed-guideway
9 transportation system authorized by the department to be
10 wholly or partially within the department's right-of-way
11 pursuant to a lease granted under s. 337.251 may operate at
12 any safe speed.
13 Section 53. Subsection (9) of section 337.251, Florida
14 Statutes, is amended to read:
15 337.251 Lease of property for joint public-private
16 development and areas above or below department property.--
17 (9) Notwithstanding s. 341.327, A fixed-guideway
18 transportation system authorized by the department to be
19 wholly or partially within the department's right-of-way
20 pursuant to a lease granted under this section may operate at
21 any safe speed.
22 Section 54. Section 341.501, Florida Statutes, is
23 amended to read:
24 341.501 High-technology transportation systems; joint
25 project agreement or assistance.--Notwithstanding any other
26 provision of law, the Department of Transportation may enter
27 into a joint project agreement with, or otherwise assist,
28 private or public entities, or consortia thereof, to
29 facilitate the research, development, and demonstration of
30 high-technology transportation systems, including, but not
31 limited to, systems using magnetic levitation technology. The
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1 provisions of the Florida High-Speed Rail Transportation Act,
2 ss. 341.3201-341.386, do not apply to actions taken under this
3 section, and The department may, subject to s. 339.135,
4 provide funds to match any available federal aid for
5 effectuating the research, development, and demonstration of
6 high-technology transportation systems.
7 Section 55. Sections 341.3201, 341.321, 341.322,
8 341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,
9 341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,
10 341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,
11 341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,
12 341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,
13 341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,
14 341.381, 341.382, 341.383, and 341.386, Florida Statutes, are
15 repealed.
16 Section 56. Section 59 of chapter 99-385, Laws of
17 Florida, is repealed.
18 Section 57. Paragraph (b) of subsection (3) of section
19 73.071, Florida Statutes, is amended to read:
20 73.071 Jury trial; compensation; severance damages;
21 business damages.--
22 (3) The jury shall determine solely the amount of
23 compensation to be paid, which compensation shall include:
24 (b) Where less than the entire property is sought to
25 be appropriated, any damages to the remainder caused by the
26 taking, including, when the action is by the Department of
27 Transportation, county, municipality, board, district or other
28 public body for the condemnation of a right-of-way, and the
29 effect of the taking of the property involved may damage or
30 destroy an established business of more than 4 years' standing
31 before January 1, 2005, or the effect of the taking of the
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1 property involved may damage or destroy an established
2 business of more than 5 years' standing on or after January 1,
3 2005, owned by the party whose lands are being so taken,
4 located upon adjoining lands owned or held by such party, the
5 probable damages to such business which the denial of the use
6 of the property so taken may reasonably cause; any person
7 claiming the right to recover such special damages shall set
8 forth in his or her written defenses the nature and extent of
9 such damages; and
10 Section 58. Paragraph (k) is added to subsection (6)
11 of section 163.3177, Florida Statutes, to read:
12 163.3177 Required and optional elements of
13 comprehensive plan; studies and surveys.--
14 (6) In addition to the requirements of subsections
15 (1)-(5), the comprehensive plan shall include the following
16 elements:
17 (k) An airport master plan, and any subsequent
18 amendments to the airport master plan, prepared by a licensed
19 publicly owned and operated airport under s. 333.06 may be
20 incorporated into the local government comprehensive plan by
21 the local government having jurisdiction under this act for
22 the area in which the airport or projected airport development
23 is located by the adoption of a comprehensive plan amendment.
24 In the amendment to the local comprehensive plan that
25 integrates the airport master plan, the comprehensive plan
26 amendment shall address land use compatibility consistent with
27 chapter 333 regarding airport zoning; the provision of
28 regional transportation facilities for the efficient use and
29 operation of the transportation system and airport;
30 consistency with the local government transportation
31 circulation element and applicable metropolitan planning
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1 organization long-range transportation plans; and the
2 execution of any necessary interlocal agreements for the
3 purposes of the provision of public facilities and services to
4 maintain the adopted level of service standards for facilities
5 subject to concurrency; and may address airport-related or
6 aviation-related development. Development or expansion of an
7 airport consistent with the adopted airport master plan that
8 has been incorporated into the local comprehensive plan in
9 compliance with this part, and airport-related or
10 aviation-related development that has been addressed in the
11 comprehensive plan amendment that incorporates the airport
12 master plan, shall not be a development of regional impact.
13 Section 59. Section 189.441, Florida Statutes, is
14 amended to read:
15 189.441 Contracts.--Contracts for the construction of
16 projects and for any other purpose of the authority may be
17 awarded by the authority in a manner that will best promote
18 free and open competition, including advertisement for
19 competitive bids; however, if the authority determines that
20 the purposes of this act will be more effectively served
21 thereby, the authority may award or cause to be awarded
22 contracts for the construction of any project, including
23 design-build contracts, or any part thereof, or for any other
24 purpose of the authority upon a negotiated basis as determined
25 by the authority. Each contractor doing business with the
26 authority and required to be licensed by the state or local
27 general-purpose governments must maintain the license during
28 the term of the contract with the authority. The authority may
29 prescribe bid security requirements and other procedures in
30 connection with the award of contracts which protect the
31 public interest. Section 287.055 does not apply to the
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1 selection of professional architectural, engineering,
2 landscape architectural, or land surveying services by the
3 authority or to the procurement of design-build contracts. The
4 authority may, and in the case of a new professional sports
5 franchise must, by written contract engage the services of the
6 operator, lessee, sublessee, or purchaser, or prospective
7 operator, lessee, sublessee, or purchaser, of any project in
8 the construction of the project and may, and in the case of a
9 new professional sports franchise must, provide in the
10 contract that the lessee, sublessee, purchaser, or prospective
11 lessee, sublessee, or purchaser, may act as an agent of, or an
12 independent contractor for, the authority for the performance
13 of the functions described therein, subject to the conditions
14 and requirements prescribed in the contract, including
15 functions such as the acquisition of the site and other real
16 property for the project; the preparation of plans,
17 specifications, financing, and contract documents; the award
18 of construction and other contracts upon a competitive or
19 negotiated basis; the construction of the project, or any part
20 thereof, directly by the lessee, purchaser, or prospective
21 lessee or purchaser; the inspection and supervision of
22 construction; the employment of engineers, architects,
23 builders, and other contractors; and the provision of money to
24 pay the cost thereof pending reimbursement by the authority.
25 Any such contract may, and in the case of a new professional
26 sports franchise must, allow the authority to make advances to
27 or reimburse the lessee, sublessee, or purchaser, or
28 prospective lessee, sublessee, or purchaser for its costs
29 incurred in the performance of those functions, and must set
30 forth the supporting documents required to be submitted to the
31 authority and the reviews, examinations, and audits that are
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1 required in connection therewith to assure compliance with the
2 contract.
3 Section 60. Subsection (2) of section 212.0606,
4 Florida Statutes, is amended to read:
5 212.0606 Rental car surcharge.--
6 (2)(a) Notwithstanding the provisions of section
7 212.20, and less costs of administration, 80 percent of the
8 proceeds of this surcharge shall be deposited in the State
9 Transportation Trust Fund, 15.75 percent of the proceeds of
10 this surcharge shall be deposited in the Tourism Promotional
11 Trust Fund created in s. 288.122, and 4.25 percent of the
12 proceeds of this surcharge shall be deposited in the Florida
13 International Trade and Promotion Trust Fund. For the purposes
14 of this subsection, "proceeds" of the surcharge means all
15 funds collected and received by the department under this
16 section, including interest and penalties on delinquent
17 surcharges.
18 (b) Notwithstanding any other provision of law, in
19 fiscal year 2007-2008 and each year thereafter, the proceeds
20 deposited in the State Transportation Trust Fund shall be
21 allocated on an annual basis in the Department of
22 Transportation's work program to each department district,
23 except the Turnpike District. The amount allocated for each
24 district shall be based upon the amount of proceeds collected
25 in the counties within each respective district.
26 Section 61. Subsection (2) of section 215.615, Florida
27 Statutes, is amended to read:
28 215.615 Fixed-guideway transportation systems
29 funding.--
30 (2) To be eligible for participation, fixed-guideway
31 transportation system projects must comply with the major
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1 capital investment policy guidelines and criteria established
2 by the Department of Transportation under chapter 341; must be
3 found to be consistent, to the maximum extent feasible, with
4 approved local government comprehensive plans of the local
5 governments in which such projects are located; and must be
6 included in the work program of the Department of
7 Transportation pursuant to the provisions under s. 339.135.
8 The department shall certify that the expected useful life of
9 the transportation improvements will equal or exceed the
10 maturity date of the debt to be issued.
11 Section 62. Paragraph (a) of subsection (1) of section
12 255.20, Florida Statutes, is amended to read:
13 255.20 Local bids and contracts for public
14 construction works; specification of state-produced lumber.--
15 (1) A county, municipality, special district as
16 defined in chapter 189, or other political subdivision of the
17 state seeking to construct or improve a public building,
18 structure, or other public construction works must
19 competitively award to an appropriately licensed contractor
20 each project that is estimated in accordance with generally
21 accepted cost-accounting principles to have total construction
22 project costs of more than $200,000. For electrical work,
23 local government must competitively award to an appropriately
24 licensed contractor each project that is estimated in
25 accordance with generally accepted cost-accounting principles
26 to have a cost of more than $50,000. As used in this section,
27 the term "competitively award" means to award contracts based
28 on the submission of sealed bids, proposals submitted in
29 response to a request for proposal, proposals submitted in
30 response to a request for qualifications, or proposals
31 submitted for competitive negotiation. This subsection
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1 expressly allows contracts for construction management
2 services, design/build contracts, continuation contracts based
3 on unit prices, and any other contract arrangement with a
4 private sector contractor permitted by any applicable
5 municipal or county ordinance, by district resolution, or by
6 state law. For purposes of this section, construction costs
7 include the cost of all labor, except inmate labor, and
8 include the cost of equipment and materials to be used in the
9 construction of the project. Subject to the provisions of
10 subsection (3), the county, municipality, special district, or
11 other political subdivision may establish, by municipal or
12 county ordinance or special district resolution, procedures
13 for conducting the bidding process.
14 (a) The provisions of this subsection do not apply:
15 1. When the project is undertaken to replace,
16 reconstruct, or repair an existing facility damaged or
17 destroyed by a sudden unexpected turn of events, such as an
18 act of God, riot, fire, flood, accident, or other urgent
19 circumstances, and such damage or destruction creates:
20 a. An immediate danger to the public health or safety;
21 b. Other loss to public or private property which
22 requires emergency government action; or
23 c. An interruption of an essential governmental
24 service.
25 2. When, after notice by publication in accordance
26 with the applicable ordinance or resolution, the governmental
27 entity does not receive any responsive bids or responses.
28 3. To construction, remodeling, repair, or improvement
29 to a public electric or gas utility system when such work on
30 the public utility system is performed by personnel of the
31 system.
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1 4. To construction, remodeling, repair, or improvement
2 by a utility commission whose major contracts are to construct
3 and operate a public electric utility system.
4 5. When the project is undertaken as repair or
5 maintenance of an existing public facility.
6 6. When the project is undertaken exclusively as part
7 of a public educational program.
8 7. When the funding source of the project will be
9 diminished or lost because the time required to competitively
10 award the project after the funds become available exceeds the
11 time within which the funding source must be spent.
12 8. When the local government has competitively awarded
13 a project to a private sector contractor and the contractor
14 has abandoned the project before completion or the local
15 government has terminated the contract.
16 9. When the governing board of the local government,
17 after public notice, conducts a public meeting under s.
18 286.011 and finds by a majority vote of the governing board
19 that it is in the public's best interest to perform the
20 project using its own services, employees, and equipment. The
21 public notice must be published at least 14 days prior to the
22 date of the public meeting at which the governing board takes
23 final action to apply this subparagraph. The notice must
24 identify the project, the estimated cost of the project, and
25 specify that the purpose for the public meeting is to consider
26 whether it is in the public's best interest to perform the
27 project using the local government's own services, employees,
28 and equipment. In deciding whether it is in the public's best
29 interest for local government to perform a project using its
30 own services, employees, and equipment, the governing board
31 may consider the cost of the project, whether the project
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1 requires an increase in the number of government employees, an
2 increase in capital expenditures for public facilities,
3 equipment or other capital assets, the impact on local
4 economic development, the impact on small and minority
5 business owners, the impact on state and local tax revenues,
6 whether the private sector contractors provide health
7 insurance and other benefits equivalent to those provided by
8 the local government, and any other factor relevant to what is
9 in the public's best interest.
10 10. When the governing board of the local government
11 determines upon consideration of specific substantive criteria
12 and administrative procedures that it is in the best interest
13 of the local government to award the project to an
14 appropriately licensed private sector contractor according to
15 procedures established by and expressly set forth in a
16 charter, ordinance, or resolution of the local government
17 adopted prior to July 1, 1994. The criteria and procedures
18 must be set out in the charter, ordinance, or resolution and
19 must be applied uniformly by the local government to avoid
20 award of any project in an arbitrary or capricious manner.
21 This exception shall apply when all of the following occur:
22 a. When the governing board of the local government,
23 after public notice, conducts a public meeting under s.
24 286.011 and finds by a two-thirds vote of the governing board
25 that it is in the public's best interest to award the project
26 according to the criteria and procedures established by
27 charter, ordinance, or resolution. The public notice must be
28 published at least 14 days prior to the date of the public
29 meeting at which the governing board takes final action to
30 apply this subparagraph. The notice must identify the project,
31 the estimated cost of the project, and specify that the
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1 purpose for the public meeting is to consider whether it is in
2 the public's best interest to award the project using the
3 criteria and procedures permitted by the preexisting
4 ordinance.
5 b. In the event the project is to be awarded by any
6 method other than a competitive selection process, the
7 governing board must find evidence that:
8 (I) There is one appropriately licensed contractor who
9 is uniquely qualified to undertake the project because that
10 contractor is currently under contract to perform work that is
11 affiliated with the project; or
12 (II) The time to competitively award the project will
13 jeopardize the funding for the project, or will materially
14 increase the cost of the project or will create an undue
15 hardship on the public health, safety, or welfare.
16 c. In the event the project is to be awarded by any
17 method other than a competitive selection process, the
18 published notice must clearly specify the ordinance or
19 resolution by which the private sector contractor will be
20 selected and the criteria to be considered.
21 d. In the event the project is to be awarded by a
22 method other than a competitive selection process, the
23 architect or engineer of record has provided a written
24 recommendation that the project be awarded to the private
25 sector contractor without competitive selection; and the
26 consideration by, and the justification of, the government
27 body are documented, in writing, in the project file and are
28 presented to the governing board prior to the approval
29 required in this paragraph.
30 11. To projects subject to chapter 336.
31
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1 Section 63. Paragraph (g) of subsection (2) of section
2 287.055, Florida Statutes, is amended to read:
3 287.055 Acquisition of professional architectural,
4 engineering, landscape architectural, or surveying and mapping
5 services; definitions; procedures; contingent fees prohibited;
6 penalties.--
7 (2) DEFINITIONS.--For purposes of this section:
8 (g) A "continuing contract" is a contract for
9 professional services entered into in accordance with all the
10 procedures of this act between an agency and a firm whereby
11 the firm provides professional services to the agency for
12 projects in which construction costs do not exceed $1 million
13 $500,000, for study activity when the fee for such
14 professional service does not exceed $50,000 $25,000, or for
15 work of a specified nature as outlined in the contract
16 required by the agency, with no time limitation except that
17 the contract must provide a termination clause.
18 Section 64. Subsection (12) of section 311.09, Florida
19 Statutes, is amended to read:
20 311.09 Florida Seaport Transportation and Economic
21 Development Council.--
22 (12) Members of the council shall serve without
23 compensation but are entitled to receive reimbursement for per
24 diem and travel expenses as provided in s. 112.061. The
25 council may elect to provide an administrative staff to
26 provide services to the council on matters relating to the
27 Florida Seaport Transportation and Economic Development
28 Program and the council. The cost for such administrative
29 services shall be paid by all ports that receive funding from
30 the Florida Seaport Transportation and Economic Development
31 Program, based upon a pro rata formula measured by each
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1 recipient's share of the funds as compared to the total funds
2 disbursed to all recipients during the year. The share of
3 costs for administrative services shall be paid in its total
4 amount by the recipient port upon execution by the port and
5 the Department of Transportation of a joint participation
6 agreement for each council-approved project, and such payment
7 is in addition to the matching funds required to be paid by
8 the recipient port. Except as otherwise exempted by law, all
9 moneys derived from the Florida Seaport Transportation and
10 Economic Development Program shall be expended in accordance
11 with the provisions of s. 287.057. Seaports subject to
12 competitive negotiation requirements of a local governing body
13 shall abide by the provisions of s. 287.055 be exempt from
14 this requirement.
15 Section 65. Subsections (4) and (6) of section 315.02,
16 Florida Statutes, are amended to read:
17 315.02 Definitions.--As used in this law, the
18 following words and terms shall have the following meanings:
19 (4) The word "unit" shall mean any county, port
20 district, port authority, or municipality or any governmental
21 unit created pursuant to s. 163.01(7)(d) that includes at
22 least one deepwater port as listed in s. 403.021(9)(b).
23 (6) The term "port facilities" shall mean and shall
24 include harbor, shipping, and port facilities, and
25 improvements of every kind, nature, and description,
26 including, but without limitation, channels, turning basins,
27 jetties, breakwaters, public landings, wharves, docks,
28 markets, parks, recreational facilities, structures,
29 buildings, piers, storage facilities, including facilities
30 that may be used for warehouse, storage, and distribution of
31 cargo transported or to be transported through an airport or
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1 port facility, security measures identified pursuant to s.
2 311.12, public buildings and plazas, anchorages, utilities,
3 bridges, tunnels, roads, causeways, and any and all property
4 and facilities necessary or useful in connection with the
5 foregoing, and any one or more or any combination thereof and
6 any extension, addition, betterment, or improvement of any
7 thereof.
8 Section 66. Subsection (11) of section 315.03, Florida
9 Statutes, is amended, subsections (12) through (21) of said
10 section are renumbered as subsections (13) through (22),
11 respectively, and a new subsection (12) is added to said
12 section, to read:
13 315.03 Grant of powers.--Each unit is hereby
14 authorized and empowered:
15 (11) To accept loans or grants of money or materials
16 or property at any time from the United States or the State of
17 Florida or any agency, instrumentality, or subdivision
18 thereof, or to participate in loan guarantees or lines of
19 credit provided by the United States, upon such terms and
20 conditions as the United States, the State of Florida, or such
21 agency, instrumentality, or subdivision may impose. Any entity
22 created pursuant to s. 163.01(7)(d) that involves at least one
23 deepwater port may participate in the provisions of this
24 subsection, with oversight by the Florida Seaport
25 Transportation and Economic Development Council.
26 (12)(a) To pay interest or other financing-related
27 costs on federal loan guarantees, lines of credit, or secured
28 direct loans issued to finance eligible projects. Any entity
29 created pursuant to s. 163.01(7)(d) that involves at least one
30 deepwater port may participate in the provisions of this
31 subsection, with oversight by the Florida Seaport
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1 Transportation and Economic Development Council, and may
2 establish a loan program that would provide for the reuse of
3 loan proceeds for similar program purposes.
4 (b) The Florida Seaport Transportation and Economic
5 Development Council shall prepare an annual report detailing
6 the amounts loaned, the projects financed by the loans, any
7 interest earned, and loans outstanding. The report shall be
8 submitted to the Governor, the President of the Senate, and
9 the Speaker of the House of Representatives by January 1 of
10 each year, beginning in 2004.
11 (c) The Legislature shall review the loan program
12 established pursuant to this subsection during the 2004
13 Regular Session of the Legislature.
14 Section 67. Subsection (21) of section 316.003,
15 Florida Statutes, is amended, and subsections (82) and (83)
16 are added to said section, to read:
17 316.003 Definitions.--The following words and phrases,
18 when used in this chapter, shall have the meanings
19 respectively ascribed to them in this section, except where
20 the context otherwise requires:
21 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
22 operated upon rails or guideway, but not including any
23 bicycle, motorized scooter, electric personal assistive
24 mobility device, or moped.
25 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
26 or saddle for the use of the rider, designed to travel on not
27 more than three wheels, and not capable of propelling the
28 vehicle at a speed greater than 30 miles per hour on level
29 ground.
30 (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any
31 self-balancing, two-nontandem-wheeled device, designed to
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1 transport only one person, with an electric propulsion system
2 with average power of 750 watts (1 horsepower), the maximum
3 speed of which, on a paved level surface when powered solely
4 by such a propulsion system while being ridden by an operator
5 who weighs 170 pounds, is less than 20 miles per hour.
6 Electric personal assistive mobility devices are not vehicles
7 as defined in this section.
8 Section 68. Section 316.2068, Florida Statutes, is
9 created to read:
10 316.2068 Electric personal assistive mobility devices;
11 regulations.--
12 (1) An electric personal assistive mobility device, as
13 defined in s. 316.003, may be operated:
14 (a) On a road or street where the posted speed limit
15 is 25 miles per hour or less.
16 (b) On a marked bicycle path.
17 (c) On any street or road where bicycles are
18 permitted.
19 (d) At an intersection, to cross a road or street even
20 if the road or street has a posted speed limit of more than 25
21 miles per hour.
22 (e) On a sidewalk, if the person operating the device
23 yields the right-of-way to pedestrians and gives an audible
24 signal before overtaking and passing a pedestrian.
25 (2) A valid driver's license is not a prerequisite to
26 operating an electric personal assistive mobility device.
27 (3) Electric personal assistive mobility devices need
28 not be registered and insured in accordance with s. 320.02.
29 (4) A person who is under the age of 16 years may not
30 operate, ride, or otherwise be propelled on an electric
31 personal assistive mobility device unless the person wears a
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1 bicycle helmet that is properly fitted, that is fastened
2 securely upon his or her head by a strap, and that meets the
3 standards of the American National Standards Institute (ANSI Z
4 Bicycle Helmet Standards), the standards of the Snell Memorial
5 Foundation (1984 Standard for Protective Headgear for Use in
6 Bicycling), or any other nationally recognized standards for
7 bicycle helmets which are adopted by the department.
8 (5) A county or municipality may prohibit the
9 operation of electric personal assistive mobility devices on
10 any road, street, or bicycle path under its jurisdiction if
11 the governing body of the county or municipality determines
12 that such a prohibition is necessary in the interest of
13 safety.
14 (6) The Department of Transportation may prohibit the
15 operation of electric personal assistive mobility devices on
16 any road under its jurisdiction if it determines that such a
17 prohibition is necessary in the interest of safety.
18 Section 69. Subsection (5) of section 316.515, Florida
19 Statutes, is amended to read:
20 316.515 Maximum width, height, length.--
21 (5) IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
22 SAFETY REQUIREMENTS.--Notwithstanding any other provisions of
23 law, straight trucks and cotton module movers, not exceeding
24 50 feet in length, or any combination of up to and including
25 three implements of husbandry including the towing power unit,
26 and any single agricultural trailer, with a load thereon not
27 exceeding 130 inches in width, is authorized for the purpose
28 of transporting peanuts, grains, soybeans, cotton, hay, straw,
29 or other perishable farm products from their point of
30 production to the first point of change of custody or of
31 long-term storage, and for the purpose of returning to such
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1 point of production, by a person engaged in the production of
2 any such product or custom hauler, if such vehicle or
3 combination of vehicles otherwise complies with this section.
4 Such vehicles shall be operated in accordance with all safety
5 requirements prescribed by law and Department of
6 Transportation rules. The Department of Transportation may
7 issue overlength permits for cotton module movers greater than
8 50 feet but not more than 55 feet in overall length.
9 Section 70. Subsection (4) is added to section
10 316.520, Florida Statutes, to read:
11 316.520 Loads on vehicles.--
12 (4) The provision of subsection (2) requiring covering
13 and securing the load with a close-fitting tarpaulin or other
14 appropriate cover does not apply to vehicles carrying
15 agricultural products locally from a harvest site or to or
16 from a farm on roads where the posted speed limit is 65 miles
17 per hour or less and the distance driven on public roads is
18 less than 20 miles.
19 Section 71. Section 316.80, Florida Statutes, is
20 created to read:
21 316.80 Unlawful conveyance of fuel; obtaining fuel
22 fraudulently.--
23 (1) It is unlawful for any person to maintain, or
24 possess any conveyance or vehicle that is equipped with, fuel
25 tanks, bladders, drums, or other containers that do not
26 conform to 49 C.F.R. or have not been approved by the United
27 States Department of Transportation for the purpose of
28 hauling, transporting, or conveying motor or diesel fuel over
29 any public highway. Any person who violates any provision of
30 this subsection commits a felony of the third degree,
31 punishable as provided in s. 775.082, s. 775.083, or s.
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1 775.084, and, in addition, is subject to the revocation of
2 driver license privileges as provided in s. 322.26.
3 (2) Any person who violates subsection (1) commits a
4 felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084, if he or she has attempted
6 to or has fraudulently obtained motor or diesel fuel by:
7 (a) Presenting a credit card or a credit card account
8 number in violation of ss. 817.57-817.685;
9 (b) Using unauthorized access to any computer network
10 in violation of s. 815.06; or
11 (c) Using a fraudulently scanned or lost or stolen
12 payment access device, whether credit card or contactless
13 device.
14 (3) All conveyances or vehicles, fuel tanks, related
15 fuel, and other equipment described in subsection (1) shall be
16 subject to seizure and forfeiture as provided by the Florida
17 Contraband Forfeiture Act.
18 (4) The law enforcement agency that seizes the motor
19 or diesel fuel under this section shall remove and reclaim,
20 recycle, or dispose of all associated motor or diesel fuel as
21 soon as practicable in a safe and proper manner from the
22 illegal containers.
23 (5) Upon conviction of the person arrested for the
24 violation of any of the provisions of this section, the judge
25 shall issue an order adjudging and declaring that all fuel
26 tanks and other equipment used in violation of this section
27 shall be forfeited and directing their destruction, with the
28 exception of the conveyance or vehicle.
29 (6) Any person convicted of a violation of this
30 section shall be responsible for:
31
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1 (a) All reasonable costs incurred by the investigating
2 law enforcement agency, including costs for the towing and
3 storage of the conveyance or vehicle, the removal and disposal
4 of the motor or diesel fuel, and the storage and destruction
5 of all fuel tanks and other equipment described and used in
6 violation of subsection (1); and
7 (b) Payment for the fuel to the party from whom any
8 associated motor or diesel fuel was fraudulently obtained.
9 (7) This section does not apply to containers of 8
10 gallons or less.
11 Section 72. Paragraphs (hh) and (ii) are added to
12 subsection (4) of section 320.08056, Florida Statutes, as
13 amended by section 1 of chapter 2001-355, Laws of Florida, to
14 read:
15 320.08056 Specialty license plates.--
16 (4) The following license plate annual use fees shall
17 be collected for the appropriate specialty license plates:
18 (hh) Florida Firefighters license plate, $20.
19 (ii) Police Benevolent Association license plate, $20.
20 Section 73. Subsections (34) and (35) are added to
21 section 320.08058, Florida Statutes, as amended by section 2
22 of chapter 2001-355, Laws of Florida, to read:
23 320.08058 Specialty license plates.--
24 (34) FLORIDA FIREFIGHTERS LICENSE PLATE.--
25 (a) Notwithstanding the provisions of s. 320.08053,
26 the department shall develop a Florida Firefighters license
27 plate as provided in this section. Florida Firefighters
28 license plates must bear the colors and design approved by the
29 department. The word "Florida" must appear at the top of the
30 plate, and the words "Salutes Firefighters" must appear at the
31 bottom of the plate.
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1 (b) The requirements of s. 320.08053 must be met prior
2 to the issuance of the plate. Thereafter, the proceeds of the
3 annual use fee shall be distributed to Florida Firefighters
4 Charities, a 501(c)(3) nonprofit corporation. Florida
5 Firefighters Charities shall distribute the moneys according
6 to its articles of incorporation.
7 (35) POLICE BENEVOLENT ASSOCIATION LICENSE PLATE.--
8 (a) Notwithstanding the provisions of s. 320.08053,
9 the department shall develop a Police Benevolent Association
10 license plate as provided in this section. The word "Florida"
11 must appear at the top of the plate, the words "Support Law
12 Enforcement" must appear at the bottom of the plate, and a
13 shield with the Police Benevolent Association logo must appear
14 to the left of the numerals.
15 (b) The requirements of s. 320.08053 must be met prior
16 to the issuance of the plate. Thereafter, the proceeds of the
17 annual use fee shall be distributed to the Florida Police
18 Benevolent Association Heart Fund, Incorporated, a 501(c)(3)
19 nonprofit corporation. The Florida Police Benevolent
20 Association Heart Fund, Incorporated, shall distribute moneys
21 according to its articles of incorporation.
22 Section 74. Subsection (4) of section 332.004, Florida
23 Statutes, is amended to read:
24 332.004 Definitions of terms used in ss.
25 332.003-332.007.--As used in ss. 332.003-332.007, the term:
26 (4) "Airport or aviation development project" or
27 "development project" means any activity associated with the
28 design, construction, purchase, improvement, or repair of a
29 public-use airport or portion thereof, including, but not
30 limited to: the purchase of equipment; the acquisition of
31 land, including land required as a condition of a federal,
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1 state, or local permit or agreement for environmental
2 mitigation; off-airport noise mitigation projects; the
3 removal, lowering, relocation, marking, and lighting of
4 airport hazards; the installation of navigation aids used by
5 aircraft in landing at or taking off from a public airport;
6 the installation of safety equipment required by rule or
7 regulation for certification of the airport under s. 612 of
8 the Federal Aviation Act of 1958, and amendments thereto; and
9 the improvement of access to the airport by road or rail
10 system which is on airport property and which is consistent,
11 to the maximum extent feasible, with the approved local
12 government comprehensive plan of the units of local government
13 in which the airport is located.
14 Section 75. Subsection (8) of section 332.007, Florida
15 Statutes, as created by chapter 2001-349, Laws of Florida, is
16 amended, and subsection (9) is added to said section, to read:
17 332.007 Administration and financing of aviation and
18 airport programs and projects; state plan.--
19 (8) Notwithstanding any other provision of law to the
20 contrary, the department is authorized to provide operational
21 and maintenance assistance to publicly owned public-use
22 airports. Such assistance shall be to comply with enhanced
23 federal security requirements or to address related economic
24 impacts from the events of September 11, 2001. For projects in
25 the current adopted work program, or projects added using the
26 available budget of the department, airports may request the
27 department change the project purpose in accordance with this
28 provision notwithstanding the provisions of s. 339.135(7). For
29 purposes of this subsection, the department may fund up to 100
30 percent of eligible project costs that are not funded by the
31 Federal Government. Prior to releasing any funds under this
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1 section, the department shall review and approve the
2 expenditure plans submitted by the airport. The department
3 shall inform the Legislature of any change that it approves
4 under this subsection. This subsection shall expire on June
5 30, 2004 2003.
6 (9) Notwithstanding any other law to the contrary,
7 any airport with direct intercontinental passenger service
8 that is located in a county with a population under 400,000 as
9 of July 1, 2002, and that has a loan from the Department of
10 Transportation due in August of 2002 shall have such loan
11 extended until September 18, 2008.
12 Section 76. 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 77. Section 334.175, Florida Statutes, is
2 amended to read:
3 334.175 Certification of project design plans and
4 surveys.--All design plans and surveys prepared by or for the
5 department shall be signed, sealed, and certified by the
6 professional engineer or surveyor or architect or landscape
7 architect in responsible charge of the project work. Such
8 professional engineer, surveyor, or architect, or landscape
9 architect must be duly registered in this state.
10 Section 78. Subsection (4) is added to section 336.41,
11 Florida Statutes, to read:
12 336.41 Counties; employing labor and providing road
13 equipment; accounting; when competitive bidding required.--
14 (4)(a) For contracts in excess of $250,000, any county
15 may require that persons interested in performing work under
16 the contract first be certified or qualified to do the work.
17 Any contractor prequalified and considered eligible to bid by
18 the department to perform the type of work described under the
19 contract shall be presumed to be qualified to perform the work
20 so described. Any contractor may be considered ineligible to
21 bid by the county if the contractor is behind an approved
22 progress schedule by 10 percent or more on another project for
23 that county at the time of the advertisement of the work. The
24 county may provide an appeal process to overcome such
25 consideration with de novo review based on the record below to
26 the circuit court.
27 (b) The county shall publish prequalification criteria
28 and procedures prior to advertisement or notice of
29 solicitation. Such publications shall include notice of a
30 public hearing for comment on such criteria and procedures
31 prior to adoption. The procedures shall provide for an appeal
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1 process within the county for objections to the
2 prequalification process with de novo review based on the
3 record below to the circuit court.
4 (c) The county shall also publish for comment, prior
5 to adoption, the selection criteria and procedures to be used
6 by the county if such procedures would allow selection of
7 other than the lowest responsible bidder. The selection
8 criteria shall include an appeal process within the county
9 with de novo review based on the record below to the circuit
10 court.
11 Section 79. Subsection (2) of section 336.44, Florida
12 Statutes, is amended to read:
13 336.44 Counties; contracts for construction of roads;
14 procedure; contractor's bond.--
15 (2) Such contracts shall be let to the lowest
16 responsible competent bidder, after publication of notice for
17 bids containing specifications furnished by the commissioners
18 in a newspaper published in the county where such contract is
19 made, at least once each week for 2 consecutive weeks prior to
20 the making of such contract.
21 Section 80. Subsection (4) of section 337.14, Florida
22 Statutes, is amended, and subsection (9) is added to said
23 section, to read:
24 337.14 Application for qualification; certificate of
25 qualification; restrictions; request for hearing.--
26 (4) If the applicant is found to possess the
27 prescribed qualifications, the department shall issue to him
28 or her a certificate of qualification that which, unless
29 thereafter revoked by the department for good cause, will be
30 valid for a period of 18 16 months after from the date of the
31 applicant's financial statement or such shorter period as the
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1 department prescribes may prescribe. If In the event the
2 department finds that an application is incomplete or contains
3 inadequate information or information that which cannot be
4 verified, the department may request in writing that the
5 applicant provide the necessary information to complete the
6 application or provide the source from which any information
7 in the application may be verified. If the applicant fails to
8 comply with the initial written request within a reasonable
9 period of time as specified therein, the department shall
10 request the information a second time. If the applicant fails
11 to comply with the second request within a reasonable period
12 of time as specified therein, the application shall be denied.
13 (9)(a) Notwithstanding any other law to the contrary,
14 for contracts in excess of $250,000, an authority created
15 pursuant to chapter 348 or chapter 349 may require that
16 persons interested in performing work under contract first be
17 certified or qualified to do the work. Any contractor may be
18 considered ineligible to bid by the governmental entity or
19 authority if the contractor is behind an approved progress
20 schedule for the governmental entity or authority by 10
21 percent or more at the time of advertisement of the work. Any
22 contractor prequalified and considered eligible by the
23 department to bid to perform the type of work described under
24 the contract shall be presumed to be qualified to perform the
25 work so described. The governmental entity or authority may
26 provide an appeal process to overcome that presumption with de
27 novo review based on the record below to the circuit court.
28 (b) With respect to contractors not prequalified with
29 the department, the authority shall publish prequalification
30 criteria and procedures prior to advertisement or notice of
31 solicitation. Such publications shall include notice of a
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1 public hearing for comment on such criteria and procedures
2 prior to adoption. The procedures shall provide for an appeal
3 process within the authority for objections to the
4 prequalification process with de novo review based on the
5 record below to the circuit court within 30 days.
6 (c) An authority may establish criteria and procedures
7 under which contractor selection may occur on a basis other
8 than the lowest responsible bidder. Prior to adoption, the
9 authority shall publish for comment the proposed criteria and
10 procedures. Review of the adopted criteria and procedures
11 shall be to the circuit court, within 30 days after adoption,
12 with de novo review based on the record below.
13 Section 81. Subsection (2) of section 337.401, Florida
14 Statutes, is amended to read:
15 337.401 Use of right-of-way for utilities subject to
16 regulation; permit; fees.--
17 (2) The authority may grant to any person who is a
18 resident of this state, or to any corporation which is
19 organized under the laws of this state or licensed to do
20 business within this state, the use of a right-of-way for the
21 utility in accordance with such rules or regulations as the
22 authority may adopt. No utility shall be installed, located,
23 or relocated unless authorized by a written permit issued by
24 the authority. However, for public roads or publicly owned
25 rail corridors under the jurisdiction of the department, a
26 utility relocation schedule and relocation agreement may be
27 executed in lieu of a written permit. The permit shall require
28 the permitholder to be responsible for any damage resulting
29 from the issuance of such permit. The authority may initiate
30 injunctive proceedings as provided in s. 120.69 to enforce
31
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1 provisions of this subsection or any rule or order issued or
2 entered into pursuant thereto.
3 Section 82. Subsection (3) of section 337.408, Florida
4 Statutes, is amended, subsection (5) is renumbered as
5 subsection (6), and a new subsection (5) is added to said
6 section to read:
7 337.408 Regulation of benches, transit shelters,
8 street light poles, and waste disposal receptacles within
9 rights-of-way.--
10 (3) The department has the authority to direct the
11 immediate relocation or removal of any bench, transit shelter,
12 or waste disposal receptacle which endangers life or property,
13 except that transit bus benches which have been placed in
14 service prior to April 1, 1992, do not have to comply with
15 bench size and advertising display size requirements which
16 have been established by the department prior to March 1,
17 1992. Any transit bus bench that was in service prior to
18 April 1, 1992, may be replaced with a bus bench of the same
19 size or smaller, if the bench is damaged or destroyed or
20 otherwise becomes unusable. The Department is authorized to
21 promulgate rules relating to the regulation of bench size and
22 advertising display size requirements. However, if a
23 municipality or county within which a bench is to be located
24 has adopted an ordinance or other applicable regulation that
25 establishes bench size or advertising display sign
26 requirements different from requirements specified in
27 department rule, then the local government requirement shall
28 be applicable within the respective municipality or county.
29 Placement of any bench or advertising display on the National
30 Highway System under a local ordinance or regulation adopted
31
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1 pursuant to this subsection shall be subject to approval of
2 the Federal Highway Administration.
3 (5) Street light poles, including attached public
4 service messages and advertisements, may be located within the
5 right-of-way limits of municipal and county roads in the same
6 manner as benches, transit shelters, and waste disposal
7 receptacles as provided in this section and in accordance with
8 municipal and county ordinances. Public service messages and
9 advertisements may be installed on street light poles on roads
10 on the State Highway System in accordance with height, size,
11 setback, spacing distance, duration of display, safety,
12 traffic control, and permitting requirements established by
13 administrative rule of the Department of Transportation.
14 Public service messages and advertisements shall be subject to
15 bilateral agreements, where applicable, to be negotiated with
16 the owner of the street light poles, which shall consider,
17 among other things, power source rates, design, safety,
18 operational and maintenance concerns, and other matters of
19 public importance. For the purposes of this section, the term
20 "street light poles" does not include electric transmission or
21 distribution poles. The department shall have authority to
22 establish administrative rules to implement this subsection.
23 No advertising on light poles shall be permitted on the
24 Interstate Highway System. No permanent structures carrying
25 advertisements attached to light poles shall be permitted on
26 the National Highway System.
27 Section 83. Subsection (10) of section 339.12, Florida
28 Statutes, is added, to read:
29 339.12 Aid and contributions by governmental entities
30 for department projects; federal aid.--
31
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1 (10) Any county with a population greater than 50,000
2 that levies the full 6 cents of local option fuel tax pursuant
3 to ss. 206.41(1)(e) and 206.87(1)(c), or that dedicates 35
4 percent or more of its discretionary sales surtax, pursuant to
5 s. 212.055, for improvements to the state transportation
6 system or to local projects directly upgrading the state
7 transportation system within the county's boundaries shall
8 receive preference for receipt of any transportation grant for
9 which the county applies. This subsection shall not apply to
10 loans or nonhighway grant programs.
11 Section 84. Subsections (2) and (5) of section 339.55,
12 Florida Statutes, are amended to read:
13 339.55 State-funded infrastructure bank.--
14 (2) The bank may lend capital costs or provide credit
15 enhancements for a transportation facility project that is on
16 the State Highway System or that provides for increased
17 mobility on the state's transportation system or provides
18 intermodal connectivity with airports, seaports, rail
19 facilities, and other transportation terminals, pursuant to s.
20 341.053, for the movement of people and goods. Loans from the
21 bank may be subordinated to senior project debt that has an
22 investment grade rating of "BBB" or higher.
23 (5) The department may consider, but is not limited
24 to, the following criteria for evaluation of projects for
25 assistance from the bank:
26 (a) The credit worthiness of the project.
27 (b) A demonstration that the project will encourage,
28 enhance, or create economic benefits.
29 (c) The likelihood that assistance would enable the
30 project to proceed at an earlier date than would otherwise be
31 possible.
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1 (d) The extent to which assistance would foster
2 innovative public-private partnerships and attract private
3 debt or equity investment.
4 (e) The extent to which the project would use new
5 technologies, including intelligent transportation systems,
6 that would enhance the efficient operation of the project.
7 (f) The extent to which the project would maintain or
8 protect the environment.
9 (g) A demonstration that the project includes
10 transportation benefits for improving intermodalism, cargo and
11 freight movement, and safety.
12 (h) The amount of the proposed assistance as a
13 percentage of the overall project costs with emphasis on local
14 and private participation.
15 (i) The extent to which the project will provide for
16 connectivity between the State Highway System and airports,
17 seaports, rail facilities, and other transportation terminals
18 and intermodal options pursuant to s. 341.053 for the
19 increased accessibility and movement of people and goods.
20 Section 85. Subsections (8) and (10) of section
21 341.031, Florida Statutes, are amended to read:
22 341.031 Definitions relating to Florida Public Transit
23 Act.--As used in ss. 341.011-341.061, the term:
24 (8) "Public transit service development project" means
25 a project undertaken by a public agency to determine whether a
26 new or innovative technique or measure can be utilized to
27 improve or expand public transit services to its constituency.
28 The duration of the project shall be limited according to the
29 type of the project in conformance with the provisions of s.
30 341.051(5)(e)(f), but in no case shall exceed a period of 3
31 years. Public transit service development projects
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1 specifically include projects involving the utilization of new
2 technologies, services, routes, or vehicle frequencies; the
3 purchase of special transportation services; and other such
4 techniques for increasing service to the riding public as are
5 applicable to specific localities and transit user groups.
6 (10) "Transit corridor project" means a project that
7 is undertaken by a public agency and designed to relieve
8 congestion and improve capacity within an identified
9 transportation corridor by increasing people-carrying capacity
10 of the system through the use and facilitated movement of
11 high-occupancy conveyances. Each transit corridor project
12 must meet the requirements established in s. 341.051(5)(d)(e)
13 and, if applicable, the requirements of the department's major
14 capital investment policy developed pursuant to s.
15 341.051(5)(b). Initial project duration shall not exceed a
16 period of 2 years unless the project is reauthorized by the
17 Legislature. Such reauthorization shall be based upon a
18 determination that the project is meeting or exceeding the
19 criteria, developed pursuant to s. 341.051(5)(d)(e), by which
20 the success of the project is being judged and by inclusion of
21 the project in a departmental appropriation request.
22 Section 86. Subsection (5) of section 341.051, Florida
23 Statutes, is amended to read:
24 341.051 Administration and financing of public transit
25 programs and projects.--
26 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
27 (a) The department may fund up to 50 percent of the
28 nonfederal share of the costs, not to exceed the local share,
29 of any eligible public transit capital project or commuter
30 assistance project that is local in scope; except, however,
31 that departmental participation in the final design,
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1 right-of-way acquisition, and construction phases of an
2 individual fixed-guideway project which is not approved for
3 federal funding shall not exceed an amount equal to 12.5
4 percent of the total cost of each phase.
5 (b) The Department of Transportation shall develop a
6 major capital investment policy which shall include policy
7 criteria and guidelines for the expenditure or commitment of
8 state funds for public transit capital projects. The policy
9 shall include the following:
10 1. Methods to be used to determine consistency of a
11 transit project with the approved local government
12 comprehensive plans of the units of local government in which
13 the project is located.
14 2. Methods for evaluating the level of local
15 commitment to a transit project, which is to be demonstrated
16 through system planning and the development of a feasible plan
17 to fund operating cost through fares, value capture techniques
18 such as joint development and special districts, or other
19 local funding mechanisms.
20 3. Methods for evaluating alternative transit systems
21 including an analysis of technology and alternative methods
22 for providing transit services in the corridor.
23 (b)(c) The department is authorized to fund up to 100
24 percent of the cost of any eligible transit capital project or
25 commuter assistance project that is statewide in scope or
26 involves more than one county where no other governmental
27 entity or appropriate jurisdiction exists.
28 (c)(d) The department is authorized to advance up to
29 80 percent of the capital cost of any eligible project that
30 will assist Florida's transit systems in becoming fiscally
31 self-sufficient. Such advances shall be reimbursed to the
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1 department on an appropriate schedule not to exceed 5 years
2 after the date of provision of the advances.
3 (d)(e) The department is authorized to fund up to 100
4 percent of the capital and net operating costs of statewide
5 transit service development projects or transit corridor
6 projects. All transit service development projects shall be
7 specifically identified by way of a departmental appropriation
8 request, and transit corridor projects shall be identified as
9 part of the planned improvements on each transportation
10 corridor designated by the department. The project objectives,
11 the assigned operational and financial responsibilities, the
12 timeframe required to develop the required service, and the
13 criteria by which the success of the project will be judged
14 shall be documented by the department for each such transit
15 service development project or transit corridor project.
16 (e)(f) The department is authorized to fund up to 50
17 percent of the capital and net operating costs of transit
18 service development projects that are local in scope and that
19 will improve system efficiencies, ridership, or revenues. All
20 such projects shall be identified in the appropriation request
21 of the department through a specific program of projects, as
22 provided for in s. 341.041, that is selectively applied in the
23 following functional areas and is subject to the specified
24 times of duration:
25 1. Improving system operations, including, but not
26 limited to, realigning route structures, increasing system
27 average speed, decreasing deadhead mileage, expanding area
28 coverage, and improving schedule adherence, for a period of up
29 to 3 years;
30 2. Improving system maintenance procedures, including,
31 but not limited to, effective preventive maintenance programs,
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1 improved mechanics training programs, decreasing service
2 repair calls, decreasing parts inventory requirements, and
3 decreasing equipment downtime, for a period of up to 3 years;
4 3. Improving marketing and consumer information
5 programs, including, but not limited to, automated information
6 services, organized advertising and promotion programs, and
7 signing of designated stops, for a period of up to 2 years;
8 and
9 4. Improving technology involved in overall
10 operations, including, but not limited to, transit equipment,
11 fare collection techniques, electronic data processing
12 applications, and bus locators, for a period of up to 2 years.
13
14 For purposes of this section, the term "net operating costs"
15 means all operating costs of a project less any federal funds,
16 fares, or other sources of income to the project.
17 Section 87. Subsection (6) of section 341.053, Florida
18 Statutes, is amended to read:
19 341.053 Intermodal Development Program;
20 administration; eligible projects; limitations.--
21 (6) The department is authorized to fund projects
22 within the Intermodal Development Program, which are
23 consistent, to the maximum extent feasible, with approved
24 local government comprehensive plans of the units of local
25 government in which the project is located. Projects that are
26 eligible for funding under this program include major capital
27 investments in public rail and fixed-guideway transportation
28 facilities and systems which provide intermodal access and
29 which, if approved after July 1, 1991, have complied with the
30 requirement of the department's major capital investment
31 policy; road, rail, or fixed-guideway access to, from, or
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1 between seaports, airports, and other transportation
2 terminals; construction of intermodal or multimodal terminals;
3 development and construction of dedicated bus lanes; and
4 projects which otherwise facilitate the intermodal or
5 multimodal movement of people and goods.
6 Section 88. Section 341.501, Florida Statutes, is
7 amended to read:
8 341.501 High-technology transportation systems; joint
9 project agreement or assistance.--Notwithstanding any other
10 provision of law, the Department of Transportation may enter
11 into a joint project agreement with, or otherwise assist,
12 private or public entities, or consortia thereof, to
13 facilitate the research, development, and demonstration of
14 high-technology transportation systems, including, but not
15 limited to, systems using magnetic levitation technology. The
16 provisions of the Florida High-Speed Rail Transportation Act,
17 ss. 341.3201-341.386, do not apply to actions taken under this
18 section, and the department may, subject to s. 339.135,
19 provide funds to match any available federal aid or aid from
20 other states or jurisdictions for effectuating the research,
21 development, and demonstration of high-technology
22 transportation systems. To be eligible for funding under this
23 section, the project must be located in Florida.
24 Section 89. Paragraph (d) of subsection (2) of section
25 348.0003, Florida Statutes, is amended to read:
26 348.0003 Expressway authority; formation;
27 membership.--
28 (2) The governing body of an authority shall consist
29 of not fewer than five nor more than nine voting members. The
30 district secretary of the affected department district shall
31 serve as a nonvoting member of the governing body of each
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1 authority located within the district. Each member of the
2 governing body must at all times during his or her term of
3 office be a permanent resident of the county which he or she
4 is appointed to represent.
5 (d) Notwithstanding any provision to the contrary in
6 this subsection, in any county as defined in s. 125.011(1),
7 the governing body of an authority shall consist of up to 13
8 members, and the following provisions of this paragraph shall
9 apply specifically to such authority. Except for the district
10 secretary of the department, the members must be residents of
11 the county. Seven voting members shall be appointed by the
12 governing body of the county. At the discretion of the
13 governing body of the county, up to two of the members
14 appointed by the governing body of the county may be elected
15 officials residing in the county. Five voting members of the
16 authority shall be appointed by the Governor. One member shall
17 be the district secretary of the department serving in the
18 district that contains such county. This member shall be an ex
19 officio voting member of the authority. If the governing board
20 of an authority includes any member originally appointed by
21 the governing body of the county as a nonvoting member, when
22 the term of such member expires, that member shall be replaced
23 by a member appointed by the Governor until the governing body
24 of the authority is composed of seven members appointed by the
25 governing body of the county and five members appointed by the
26 Governor. The qualifications, terms of office, and obligations
27 and rights of members of the authority shall be determined by
28 resolution or ordinance of the governing body of the county in
29 a manner that is consistent with subsections (3) and (4).
30 Section 90. Section 348.0008, Florida Statutes, is
31 amended to read:
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1 348.0008 Acquisition of lands and property.--
2 (1) For the purposes of the Florida Expressway
3 Authority Act, an expressway authority may acquire such
4 rights, title, or interest in private or public property and
5 such property rights, including easements, rights of access,
6 air, view, and light, by gift, devise, purchase, or
7 condemnation by eminent domain proceedings, as the authority
8 may deem necessary for any of the purposes of the Florida
9 Expressway Authority Act, including, but not limited to, any
10 lands reasonably necessary for securing applicable permits,
11 areas necessary for management of access, borrow pits,
12 drainage ditches, water retention areas, rest areas,
13 replacement access for landowners whose access is impaired due
14 to the construction of an expressway system, and replacement
15 rights-of-way for relocated rail and utility facilities; for
16 existing, proposed, or anticipated transportation facilities
17 on the expressway system or in a transportation corridor
18 designated by the authority; or for the purposes of screening,
19 relocation, removal, or disposal of junkyards and scrap metal
20 processing facilities. The authority may also condemn any
21 material and property necessary for such purposes.
22 (2) An authority and its authorized agents,
23 contractors, and employees are authorized to enter upon any
24 lands, waters, and premises, upon giving reasonable notice to
25 the landowner, for the purpose of making surveys, soundings,
26 drillings, appraisals, environmental assessments including
27 phase I and phase II environmental surveys, archaeological
28 assessments, and such other examinations as are necessary for
29 the acquisition of private or public property and property
30 rights, including rights of access, air, view, and light, by
31 gift, devise, purchase, or condemnation by eminent domain
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1 proceedings or as are necessary for the authority to perform
2 its duties and functions; and any such entry shall not be
3 deemed a trespass or an entry that would constitute a taking
4 in an eminent domain proceeding. An expressway authority shall
5 make reimbursement for any actual damage to such lands, water,
6 and premises as a result of such activities. Any entry
7 authorized by this subsection shall be in compliance with the
8 premises protections and landowner liability provisions
9 contained in s. 581.184 and s. 472.029.
10 (3)(2) The right of eminent domain conferred by the
11 Florida Expressway Authority Act must be exercised by each
12 authority in the manner provided by law.
13 (4)(3) When an authority acquires property for an
14 expressway system or in a transportation corridor as defined
15 in s. 334.03, it is not subject to any liability imposed by
16 chapter 376 or chapter 403 for preexisting soil or groundwater
17 contamination due solely to its ownership. This subsection
18 does not affect the rights or liabilities of any past or
19 future owners of the acquired property nor does it affect the
20 liability of any governmental entity for the results of its
21 actions which create or exacerbate a pollution source. An
22 authority and the Department of Environmental Protection may
23 enter into interagency agreements for the performance,
24 funding, and reimbursement of the investigative and remedial
25 acts necessary for property acquired by the authority.
26 Section 91. Section 348.545, Florida Statutes, is
27 created to read:
28 348.545 Facility improvement; bond financing
29 authority.--Pursuant to s. 11(f), Art. VII of the State
30 Constitution, the Legislature hereby approves for bond
31 financing by the Tampa-Hillsborough County Expressway
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1 Authority improvements to toll collection facilities,
2 interchanges to the legislatively approved expressway system,
3 and any other facility appurtenant, necessary, or incidental
4 to the approved system. Subject to terms and conditions of
5 applicable revenue bond resolutions and covenants, such
6 financing may be in whole or in part by revenue bonds
7 currently issued or issued in the future, or by a combination
8 of such bonds.
9 Section 92. Section 348.565, Florida Statutes, is
10 amended to read:
11 348.565 Revenue bonds for specified projects.--The
12 existing facilities that constitute the Tampa-Hillsborough
13 County Expressway System are hereby approved to be refinanced
14 by the issuance of revenue bonds by the Division of Bond
15 Finance of the State Board of Administration pursuant to s.
16 11(f), Art. VII of the State Constitution. In addition, the
17 following projects of the Tampa-Hillsborough County Expressway
18 Authority are approved to be financed or refinanced by the
19 issuance of revenue bonds pursuant to s. 11(f), Art. VII of
20 the State Constitution:
21 (1) Brandon area feeder roads.;
22 (2) Capital improvements to the expressway system,
23 including safety and operational improvements and toll
24 collection equipment.; and
25 (3) Lee Roy Selmon Crosstown Expressway System
26 widening.
27 (4) The connector highway linking Lee Roy Selmon
28 Crosstown Expressway to Interstate 4.
29 Section 93. Section 373.4137, Florida Statutes, is
30 amended to read:
31 373.4137 Mitigation requirements.--
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1 (1) The Legislature finds that environmental
2 mitigation for the impact of transportation projects proposed
3 by the Department of Transportation or a transportation
4 authority established pursuant to chapter 348 or chapter 349
5 can be more effectively achieved by regional, long-range
6 mitigation planning rather than on a project-by-project basis.
7 It is the intent of the Legislature that mitigation to offset
8 the adverse effects of these transportation projects be funded
9 by the Department of Transportation and be carried out by the
10 Department of Environmental Protection and the water
11 management districts, including the use of mitigation banks
12 established pursuant to this part.
13 (2) Environmental impact inventories for
14 transportation projects proposed by the Department of
15 Transportation or a transportation authority established
16 pursuant to chapter 348 or chapter 349 shall be developed as
17 follows:
18 (a) By May 1 of each year, the Department of
19 Transportation or a transportation authority established
20 pursuant to chapter 348 or chapter 349 shall submit to the
21 Department of Environmental Protection and the water
22 management districts a copy of its adopted work program and an
23 inventory of habitats addressed in the rules tentatively,
24 pursuant to this part and s. 404 of the Clean Water Act, 33
25 U.S.C. s. 1344, which may be impacted by its plan of
26 construction for transportation projects in the next 3 years
27 of the tentative work program. The Department of
28 Transportation or a transportation authority established
29 pursuant to chapter 348 or chapter 349 may also include in its
30 inventory the habitat impacts of any future transportation
31 project identified in the tentative work program.
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1 (b) The environmental impact inventory shall include a
2 description of these habitat impacts, including their
3 location, acreage, and type; state water quality
4 classification of impacted wetlands and other surface waters;
5 any other state or regional designations for these habitats;
6 and a survey of threatened species, endangered species, and
7 species of special concern affected by the proposed project.
8 (3)(a) To fund the mitigation plan for the projected
9 impacts identified in the inventory described in subsection
10 (2), the Department of Transportation shall identify funds
11 quarterly in an escrow account within the State Transportation
12 Trust Fund for the environmental mitigation phase of projects
13 budgeted by the Department of Transportation for the current
14 fiscal year. The escrow account shall be maintained by the
15 Department of Transportation for the benefit of the Department
16 of Environmental Protection and the water management
17 districts. Any interest earnings from the escrow account shall
18 remain with the Department of Transportation.
19 (b) Each transportation authority established pursuant
20 to chapter 348 or chapter 349 that chooses to participate in
21 this program shall create an escrow account within its
22 financial structure and deposit funds in the account to pay
23 for the environmental mitigation phase of projects budgeted
24 for the current fiscal year. The escrow account shall be
25 maintained by the authority for the benefit of the Department
26 of Environmental Protection and the water management
27 districts. Any interest earnings from the escrow account shall
28 remain with the authority.
29 (c) The Department of Environmental Protection or
30 water management districts may request a transfer of funds
31 from an the escrow account no sooner than 30 days prior to the
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1 date the funds are needed to pay for activities associated
2 with development or implementation of the approved mitigation
3 plan described in subsection (4) for the current fiscal year,
4 including, but not limited to, design, engineering,
5 production, and staff support. Actual conceptual plan
6 preparation costs incurred before plan approval may be
7 submitted to the Department of Transportation or the
8 appropriate transportation authority and the Department of
9 Environmental Protection by November 1 of each year with the
10 plan. The conceptual plan preparation costs of each water
11 management district will be paid based on the amount approved
12 on the mitigation plan and allocated to the current fiscal
13 year projects identified by the water management district. The
14 amount transferred to the escrow accounts account each year by
15 the Department of Transportation and participating
16 transportation authorities established pursuant to chapter 348
17 or chapter 349 shall correspond to a cost per acre of $75,000
18 multiplied by the projected acres of impact identified in the
19 inventory described in subsection (2). However, the $75,000
20 cost per acre does not constitute an admission against
21 interest by the state or its subdivisions nor is the cost
22 admissible as evidence of full compensation for any property
23 acquired by eminent domain or through inverse condemnation.
24 Each July 1, the cost per acre shall be adjusted by the
25 percentage change in the average of the Consumer Price Index
26 issued by the United States Department of Labor for the most
27 recent 12-month period ending September 30, compared to the
28 base year average, which is the average for the 12-month
29 period ending September 30, 1996. At the end of each year, the
30 projected acreage of impact shall be reconciled with the
31 acreage of impact of projects as permitted, including permit
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1 modifications, pursuant to this part and s. 404 of the Clean
2 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
3 funds shall be adjusted accordingly to reflect the
4 overtransfer or undertransfer of funds from the preceding
5 year. The Department of Transportation and participating
6 transportation authorities established pursuant to chapter 348
7 or chapter 349 are is authorized to transfer such funds from
8 the escrow accounts account to the Department of Environmental
9 Protection and the water management districts to carry out the
10 mitigation programs.
11 (4) Prior to December 1 of each year, each water
12 management district, in consultation with the Department of
13 Environmental Protection, the United States Army Corps of
14 Engineers, the Department of Transportation, transportation
15 authorities established pursuant to chapter 348 or chapter
16 349, and other appropriate federal, state, and local
17 governments, and other interested parties, including entities
18 operating mitigation banks, shall develop a plan for the
19 primary purpose of complying with the mitigation requirements
20 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan
21 shall also address significant invasive plant problems within
22 wetlands and other surface waters. In developing such plans,
23 the districts shall utilize sound ecosystem management
24 practices to address significant water resource needs and
25 shall focus on activities of the Department of Environmental
26 Protection and the water management districts, such as surface
27 water improvement and management (SWIM) waterbodies and lands
28 identified for potential acquisition for preservation,
29 restoration, and enhancement, to the extent that such
30 activities comply with the mitigation requirements adopted
31 under this part and 33 U.S.C. s. 1344. In determining the
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1 activities to be included in such plans, the districts shall
2 also consider the purchase of credits from public or private
3 mitigation banks permitted under s. 373.4136 and associated
4 federal authorization and shall include such purchase as a
5 part of the mitigation plan when such purchase would offset
6 the impact of the transportation project, provide equal
7 benefits to the water resources than other mitigation options
8 being considered, and provide the most cost-effective
9 mitigation option. The mitigation plan shall be preliminarily
10 approved by the water management district governing board and
11 shall be submitted to the secretary of the Department of
12 Environmental Protection for review and final approval. The
13 preliminary approval by the water management district
14 governing board does not constitute a decision that affects
15 substantial interests as provided by s. 120.569. At least 30
16 days prior to preliminary approval, the water management
17 district shall provide a copy of the draft mitigation plan to
18 any person who has requested a copy.
19 (a) For each transportation project with a funding
20 request for the next fiscal year, the mitigation plan must
21 include a brief explanation of why a mitigation bank was or
22 was not chosen as a mitigation option, including an estimation
23 of identifiable costs of the mitigation bank and nonbank
24 options to the extent practicable.
25 (b) Specific projects may be excluded from the
26 mitigation plan and shall not be subject to this section upon
27 the agreement of the Department of Transportation, a
28 transportation authority if applicable, the Department of
29 Environmental Protection, and the appropriate water management
30 district that the inclusion of such projects would hamper the
31 efficiency or timeliness of the mitigation planning and
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1 permitting process, or the Department of Environmental
2 Protection and the water management district are unable to
3 identify mitigation that would offset the impacts of the
4 project.
5 (c) Surface water improvement and management or
6 invasive plant control projects undertaken using the $12
7 million advance transferred from the Department of
8 Transportation to the Department of Environmental Protection
9 in fiscal year 1996-1997 which meet the requirements for
10 mitigation under this part and 33 U.S.C. s. 1344 shall remain
11 available for mitigation until the $12 million is fully
12 credited up to and including fiscal year 2004-2005. When these
13 projects are used as mitigation, the $12 million advance shall
14 be reduced by $75,000 per acre of impact mitigated. For any
15 fiscal year through and including fiscal year 2004-2005, to
16 the extent the cost of developing and implementing the
17 mitigation plans is less than the amount transferred pursuant
18 to subsection (3), the difference shall be credited towards
19 the $12 million advance. Except as provided in this paragraph,
20 any funds not directed to implement the mitigation plan
21 should, to the greatest extent possible, be directed to fund
22 invasive plant control within wetlands and other surface
23 waters.
24 (5) The water management district shall be responsible
25 for ensuring that mitigation requirements pursuant to 33
26 U.S.C. s. 1344 are met for the impacts identified in the
27 inventory described in subsection (2), by implementation of
28 the approved plan described in subsection (4) to the extent
29 funding is provided by the Department of Transportation, or a
30 transportation authority established pursuant to chapter 348
31 or chapter 349, if applicable. During the federal permitting
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1 process, the water management district may deviate from the
2 approved mitigation plan in order to comply with federal
3 permitting requirements.
4 (6) The mitigation plans plan shall be updated
5 annually to reflect the most current Department of
6 Transportation work program and project list of a
7 transportation authority established pursuant to chapter 348
8 or chapter 349, if applicable, and may be amended throughout
9 the year to anticipate schedule changes or additional projects
10 which may arise. Each update and amendment of the mitigation
11 plan shall be submitted to the secretary of the Department of
12 Environmental Protection for approval. However, such approval
13 shall not be applicable to a deviation as described in
14 subsection (5).
15 (7) Upon approval by the secretary of the Department
16 of Environmental Protection, the mitigation plan shall be
17 deemed to satisfy the mitigation requirements under this part
18 and any other mitigation requirements imposed by local,
19 regional, and state agencies for impacts identified in the
20 inventory described in subsection (2). The approval of the
21 secretary shall authorize the activities proposed in the
22 mitigation plan, and no other state, regional, or local permit
23 or approval shall be necessary.
24 (8) This section shall not be construed to eliminate
25 the need for the Department of Transportation or a
26 transportation authority established pursuant to chapter 348
27 or chapter 349 to comply with the requirement to implement
28 practicable design modifications, including realignment of
29 transportation projects, to reduce or eliminate the impacts of
30 its transportation projects on wetlands and other surface
31 waters as required by rules adopted pursuant to this part, or
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1 to diminish the authority under this part to regulate other
2 impacts, including water quantity or water quality impacts, or
3 impacts regulated under this part that are not identified in
4 the inventory described in subsection (2).
5 (9) The process for environmental mitigation for the
6 impact of transportation projects under this section shall be
7 available to an expressway, bridge, or transportation
8 authority established under chapter 348 or chapter 349. Use of
9 this process may be initiated by an authority depositing the
10 requisite funds into an escrow account set up by the authority
11 and filing an environmental impact inventory with the
12 appropriate water management district. An authority that
13 initiates the environmental mitigation process established by
14 this section shall comply with subsection (6) by timely
15 providing the appropriate water management district and the
16 Department of Environmental Protection with the requisite work
17 program information. A water management district may draw down
18 funds from the escrow account as provided in this section.
19 Section 94. Paragraph (b) of subsection (3) of section
20 380.04, Florida Statutes, is amended to read:
21 380.04 Definition of development.--
22 (3) The following operations or uses shall not be
23 taken for the purpose of this chapter to involve "development"
24 as defined in this section:
25 (b) Work by any utility and other persons engaged in
26 the distribution or transmission of gas, electricity, or
27 water, for the purpose of inspecting, repairing, renewing, or
28 constructing on established rights-of-way any sewers, mains,
29 pipes, cables, utility tunnels, power lines, towers, poles,
30 tracks, or the like. This provision conveys no property
31
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1 interest and does not eliminate any applicable notice
2 requirements to affected land owners.
3 Section 95. Paragraph (d) of subsection (2), paragraph
4 (b) of subsection (4), and paragraph (a) of subsection (8) of
5 section 380.06, Florida Statutes, are amended to read:
6 380.06 Developments of regional impact.--
7 (2) STATEWIDE GUIDELINES AND STANDARDS.--
8 (d) The guidelines and standards shall be applied as
9 follows:
10 1. Fixed thresholds.--
11 a. A development that is at or below 100 80 percent of
12 all numerical thresholds in the guidelines and standards shall
13 not be required to undergo development-of-regional-impact
14 review.
15 b. A development that is at or above 120 percent of
16 any numerical threshold shall be required to undergo
17 development-of-regional-impact review.
18 c. Projects certified under s. 403.973 which create at
19 least 100 jobs and meet the criteria of the Office of Tourism,
20 Trade, and Economic Development as to their impact on an
21 area's economy, employment, and prevailing wage and skill
22 levels that are at or below 100 percent of the numerical
23 thresholds for industrial plants, industrial parks,
24 distribution, warehousing or wholesaling facilities, office
25 development or multiuse projects other than residential, as
26 described in s. 380.0651(3)(c), (d), and (i), are not required
27 to undergo development-of-regional-impact review.
28 2. Rebuttable presumption presumptions.--
29 a. It shall be presumed that a development that is
30 between 80 and 100 percent of a numerical threshold shall not
31 be required to undergo development-of-regional-impact review.
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1 b. It shall be presumed that a development that is at
2 100 percent or between 100 and 120 percent of a numerical
3 threshold shall be required to undergo
4 development-of-regional-impact review.
5 (4) BINDING LETTER.--
6 (b) Unless a developer waives the requirements of this
7 paragraph by agreeing to undergo
8 development-of-regional-impact review pursuant to this
9 section, the state land planning agency or local government
10 with jurisdiction over the land on which a development is
11 proposed may require a developer to obtain a binding letter
12 if:
13 1. the development is at a presumptive numerical
14 threshold or up to 20 percent above a numerical threshold in
15 the guidelines and standards.; or
16 2. The development is between a presumptive numerical
17 threshold and 20 percent below the numerical threshold and the
18 local government or the state land planning agency is in doubt
19 as to whether the character or magnitude of the development at
20 the proposed location creates a likelihood that the
21 development will have a substantial effect on the health,
22 safety, or welfare of citizens of more than one county.
23 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
24 (a) A developer may enter into a written preliminary
25 development agreement with the state land planning agency to
26 allow a developer to proceed with a limited amount of the
27 total proposed development, subject to all other governmental
28 approvals and solely at the developer's own risk, prior to
29 issuance of a final development order. All owners of the land
30 in the total proposed development shall join the developer as
31
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1 parties to the agreement. Each agreement shall include and be
2 subject to the following conditions:
3 1. The developer shall comply with the preapplication
4 conference requirements pursuant to subsection (7) within 45
5 days after the execution of the agreement.
6 2. The developer shall file an application for
7 development approval for the total proposed development within
8 3 months after execution of the agreement, unless the state
9 land planning agency agrees to a different time for good cause
10 shown. Failure to timely file an application and to otherwise
11 diligently proceed in good faith to obtain a final development
12 order shall constitute a breach of the preliminary development
13 agreement.
14 3. The agreement shall include maps and legal
15 descriptions of both the preliminary development area and the
16 total proposed development area and shall specifically
17 describe the preliminary development in terms of magnitude and
18 location. The area approved for preliminary development must
19 be included in the application for development approval and
20 shall be subject to the terms and conditions of the final
21 development order.
22 4. The preliminary development shall be limited to
23 lands that the state land planning agency agrees are suitable
24 for development and shall only be allowed in areas where
25 adequate public infrastructure exists to accommodate the
26 preliminary development, when such development will utilize
27 public infrastructure. The developer must also demonstrate
28 that the preliminary development will not result in material
29 adverse impacts to existing resources or existing or planned
30 facilities.
31
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1 5. The preliminary development agreement may allow
2 development which is:
3 a. Less than or equal to 100 80 percent of any
4 applicable threshold if the developer demonstrates that such
5 development is consistent with subparagraph 4.; or
6 b. Less than 120 percent of any applicable threshold
7 if the developer demonstrates that such development is part of
8 a proposed downtown development of regional impact specified
9 in subsection (22) or part of any areawide development of
10 regional impact specified in subsection (25) and that the
11 development is consistent with subparagraph 4.
12 6. The developer and owners of the land may not claim
13 vested rights, or assert equitable estoppel, arising from the
14 agreement or any expenditures or actions taken in reliance on
15 the agreement to continue with the total proposed development
16 beyond the preliminary development. The agreement shall not
17 entitle the developer to a final development order approving
18 the total proposed development or to particular conditions in
19 a final development order.
20 7. The agreement shall not prohibit the regional
21 planning agency from reviewing or commenting on any regional
22 issue that the regional agency determines should be included
23 in the regional agency's report on the application for
24 development approval.
25 8. The agreement shall include a disclosure by the
26 developer and all the owners of the land in the total proposed
27 development of all land or development within 5 miles of the
28 total proposed development in which they have an interest and
29 shall describe such interest.
30 9. In the event of a breach of the agreement or
31 failure to comply with any condition of the agreement, or if
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1 the agreement was based on materially inaccurate information,
2 the state land planning agency may terminate the agreement or
3 file suit to enforce the agreement as provided in this section
4 and s. 380.11, including a suit to enjoin all development.
5 10. A notice of the preliminary development agreement
6 shall be recorded by the developer in accordance with s.
7 28.222 with the clerk of the circuit court for each county in
8 which land covered by the terms of the agreement is located.
9 The notice shall include a legal description of the land
10 covered by the agreement and shall state the parties to the
11 agreement, the date of adoption of the agreement and any
12 subsequent amendments, the location where the agreement may be
13 examined, and that the agreement constitutes a land
14 development regulation applicable to portions of the land
15 covered by the agreement. The provisions of the agreement
16 shall inure to the benefit of and be binding upon successors
17 and assigns of the parties in the agreement.
18 11. Except for those agreements which authorize
19 preliminary development for substantial deviations pursuant to
20 subsection (19), a developer who no longer wishes to pursue a
21 development of regional impact may propose to abandon any
22 preliminary development agreement executed after January 1,
23 1985, including those pursuant to s. 380.032(3), provided at
24 the time of abandonment:
25 a. A final development order under this section has
26 been rendered that approves all of the development actually
27 constructed; or
28 b. The amount of development is less than 100 80
29 percent of all numerical thresholds of the guidelines and
30 standards, and the state land planning agency determines in
31 writing that the development to date is in compliance with all
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1 applicable local regulations and the terms and conditions of
2 the preliminary development agreement and otherwise adequately
3 mitigates for the impacts of the development to date.
4
5 In either event, when a developer proposes to abandon said
6 agreement, the developer shall give written notice and state
7 that he or she is no longer proposing a development of
8 regional impact and provide adequate documentation that he or
9 she has met the criteria for abandonment of the agreement to
10 the state land planning agency. Within 30 days of receipt of
11 adequate documentation of such notice, the state land planning
12 agency shall make its determination as to whether or not the
13 developer meets the criteria for abandonment. Once the state
14 land planning agency determines that the developer meets the
15 criteria for abandonment, the state land planning agency shall
16 issue a notice of abandonment which shall be recorded by the
17 developer in accordance with s. 28.222 with the clerk of the
18 circuit court for each county in which land covered by the
19 terms of the agreement is located.
20 Section 96. (1) Nothing contained in this act
21 abridges or modifies any vested or other right or any duty or
22 obligation pursuant to any development order or agreement that
23 is applicable to a development of regional impact on the
24 effective date of this act. A development that has received a
25 development-of-regional-impact development order pursuant to
26 s. 380.06, Florida Statutes 2001, but is no longer required to
27 undergo development-of-regional-impact review by operation of
28 this act, shall be governed by the following procedures:
29 (a) The development shall continue to be governed by
30 the development-of-regional-impact development order and may
31 be completed in reliance upon and pursuant to the development
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1 order. The development-of-regional-impact development order
2 may be enforced by the local government as provided by ss.
3 380.06(17) and 380.11, Florida Statutes 2001.
4 (b) If requested by the developer or landowner, the
5 development-of-regional-impact development order may be
6 abandoned pursuant to the process in subsection 380.06(26).
7 (2) A development with an application for development
8 approval pending on the effective date of this act, or a
9 notification of proposed change pending on the effective date
10 of this act, may elect to continue such review pursuant to s.
11 380.06, Florida Statutes 2001. At the conclusion of the
12 pending review, including any appeals pursuant to s. 380.07,
13 Florida Statutes 2001, the resulting development order shall
14 be governed by the provisions of subsection (1).
15 Section 97. Paragraph (d) is added to subsection (10)
16 of section 768.28, Florida Statutes, to read:
17 768.28 Waiver of sovereign immunity in tort actions;
18 recovery limits; limitation on attorney fees; statute of
19 limitations; exclusions; indemnification; risk management
20 programs.--
21 (10)
22 (d) For the purposes of this section, operators,
23 dispatchers, and providers of security for rail services and
24 rail facility maintenance providers in the South Florida Rail
25 Corridor, or any of their employees or agents, performing such
26 services under contract with and on behalf of the Tri-County
27 Commuter Rail Authority or the Department of Transportation
28 shall be considered agents of the state while acting within
29 the scope of and pursuant to guidelines established in said
30 contract or by rule.
31
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1 Section 98. Dori Slosberg Driver Education Safety
2 Act.--Effective October 1, 2002, notwithstanding the
3 provisions of s. 318.121, Florida Statutes, a board of county
4 commissioners may require, by ordinance, that the clerk of the
5 court collect an additional $3 with each civil traffic
6 penalty, which shall be used to fund traffic education
7 programs in public and nonpublic schools. The ordinance shall
8 provide for the board of county commissioners to administer
9 the funds. The funds shall be used for direct educational
10 expenses and shall not be used for administration. This
11 section may be cited as the "Dori Slosberg Driver Education
12 Safety Act."
13 Section 99. Subsection (2) of section 2 of chapter
14 88-418, Laws of Florida, is amended to read:
15 Section 2. Crandon Boulevard is hereby designated as a
16 state historic highway. No public funds shall be expended
17 for:
18 (2) The alteration of the physical dimensions or
19 location of Crandon Boulevard, the median strip thereof, or
20 the land adjacent thereto, except for:
21 (a) The routine or emergency utilities maintenance
22 activities necessitated to maintain the road as a utility
23 corridor serving the village of Key Biscayne; or
24 (b) The modification or improvements made to provide
25 for vehicular ingress and egress of governmental public safety
26 vehicles.
27 Section 100. Paragraph (a) of subsection (1) of
28 section 212.055, Florida Statutes, is amended to read:
29 212.055 Discretionary sales surtaxes; legislative
30 intent; authorization and use of proceeds.--It is the
31 legislative intent that any authorization for imposition of a
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1 discretionary sales surtax shall be published in the Florida
2 Statutes as a subsection of this section, irrespective of the
3 duration of the levy. Each enactment shall specify the types
4 of counties authorized to levy; the rate or rates which may be
5 imposed; the maximum length of time the surtax may be imposed,
6 if any; the procedure which must be followed to secure voter
7 approval, if required; the purpose for which the proceeds may
8 be expended; and such other requirements as the Legislature
9 may provide. Taxable transactions and administrative
10 procedures shall be as provided in s. 212.054.
11 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.--
12 (a) Each charter county which adopted a charter prior
13 to January 1, 1984 which adopted a charter prior to June 1,
14 1976, and each county the government of which is consolidated
15 with that of one or more municipalities, may levy a
16 discretionary sales surtax, subject to approval by a majority
17 vote of the electorate of the county or by a charter amendment
18 approved by a majority vote of the electorate of the county.
19 Section 101. Paragraph (b) of subsection (2) and
20 paragraph (b) of subsection (3) of section 316.006, Florida
21 Statutes, are amended to read:
22 316.006 Jurisdiction.--Jurisdiction to control traffic
23 is vested as follows:
24 (2) MUNICIPALITIES.--
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 (b) A county may exercise jurisdiction over any
3 private road or roads, or over any limited access road or
4 roads owned or controlled by a special district, located in
5 the unincorporated area within its boundaries if the county
6 and party or parties owning or controlling such road or roads
7 provide, by written agreement approved by the governing body
8 of the county, for county traffic control jurisdiction over
9 the road or roads encompassed by such agreement. Pursuant
10 thereto:
11 1. Provision for reimbursement for actual costs of
12 traffic control and enforcement and for liability insurance
13 and indemnification by the party or parties, and such other
14 terms as are mutually agreeable, may be included in such an
15 agreement.
16 2. Prior to entering into an agreement which provides
17 for enforcement of the traffic laws of the state over a
18 private road or roads, or over any limited access road or
19 roads owned or controlled by a special district, the governing
20 body of the county shall consult with the sheriff. No such
21 agreement shall take effect prior to October 1, the beginning
22 of the county fiscal year, unless this requirement is waived
23 in writing by the sheriff.
24 3. The exercise of jurisdiction provided for herein
25 shall be in addition to jurisdictional authority presently
26 exercised by counties under law, and nothing in this paragraph
27 shall be construed to limit or remove any such jurisdictional
28 authority.
29 4. Any such agreement may provide for the installation
30 of multiparty stop signs by the parties controlling the roads
31 covered by the agreement if a determination is made by such
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1 parties that the signage will enhance traffic safety.
2 Multiparty stop signs must conform to the manual and
3 specifications of the Department of Transportation; however,
4 minimum traffic volumes may not be required for the
5 installation of such signage. Enforcement for the signs shall
6 be as provided in s. 316.123.
7
8 Notwithstanding the provisions of subsection (2), each county
9 shall have original jurisdiction to regulate parking, by
10 resolution of the board of county commissioners and the
11 erection of signs conforming to the manual and specifications
12 of the Department of Transportation, in parking areas located
13 on property owned or leased by the county, whether or not such
14 areas are located within the boundaries of chartered
15 municipalities.
16 Section 102. Paragraph (c) of subsection (3) of
17 section 316.066, Florida Statutes, is amended to read:
18 316.066 Written reports of crashes.--
19 (3)
20 (c) Crash reports required by this section which
21 reveal the identity, home or employment telephone number or
22 home or employment address of, or other personal information
23 concerning the parties involved in the crash and which are
24 received or prepared by any agency that regularly receives or
25 prepares information from or concerning the parties to motor
26 vehicle crashes are confidential and exempt from s. 119.07(1)
27 and s. 24(a), Art. I of the State Constitution for a period of
28 60 days after the date the report is filed. However, such
29 reports may be made immediately available to the parties
30 involved in the crash, their legal representatives, their
31 licensed insurance agents, their insurers or insurers to which
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1 they have applied for coverage, persons under contract with
2 such insurers to provide claims or underwriting information,
3 prosecutorial authorities, radio and television stations
4 licensed by the Federal Communications Commission, newspapers
5 qualified to publish legal notices under ss. 50.011 and
6 50.031, and free newspapers of general circulation, published
7 once a week or more often, available and of interest to the
8 public generally for the dissemination of news. For the
9 purposes of this section, the following products or
10 publications are not newspapers as referred to in this
11 section: those intended primarily for members of a particular
12 profession or occupational group; those with the primary
13 purpose of distributing advertising; and those with the
14 primary purpose of publishing names and other personally
15 identifying information concerning parties to motor vehicle
16 crashes. Any local, state, or federal agency, agent, or
17 employee that is authorized to have access to such reports by
18 any provision of law shall be granted such access in the
19 furtherance of the agency's statutory duties notwithstanding
20 the provisions of this paragraph. Any local, state, or federal
21 agency, agent, or employee receiving such crash reports shall
22 maintain the confidential and exempt status of those reports
23 and shall not disclose such crash reports to any person or
24 entity. Any person attempting to access crash reports within
25 60 days after the date the report is filed must present
26 legitimate credentials or identification that demonstrates his
27 or her qualifications to access that information. This
28 exemption is subject to the Open Government Sunset Review Act
29 of 1995 in accordance with s. 119.15, and shall stand repealed
30 on October 2, 2006, unless reviewed and saved from repeal
31 through reenactment by the Legislature.
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1 Section 103. Subsection (2) of section 316.1975,
2 Florida Statutes, is amended to read:
3 316.1975 Unattended motor vehicle.--
4 (2) This section does not apply to the operator of:
5 (a) An authorized emergency vehicle while in the
6 performance of official duties and the vehicle is equipped
7 with an activated antitheft device that prohibits the vehicle
8 from being driven; or
9 (b) A licensed delivery truck or other delivery
10 vehicle while making deliveries; or
11 (c) A solid waste or recovered materials vehicle while
12 collecting such items.
13 Section 104. Section 316.2127, Florida Statutes, is
14 created to read:
15 316.2127 Operation of utility vehicles on certain
16 roadways by homeowners' associations.--The operation of a
17 utility vehicle, as defined in s. 320.01, upon the public
18 roads or streets of this state by a homeowners' association,
19 as defined in s. 720.301, or its agents is prohibited except
20 as provided herein:
21 (1) A utility vehicle may be operated by a homeowners'
22 association or its agents only upon a county road that has
23 been designated by a county, or a city street that has been
24 designated by a city, for use by a utility vehicle for general
25 maintenance, security, and landscaping purposes. Prior to
26 making such a designation, the responsible local governmental
27 entity must first determine that utility vehicles may safely
28 travel on or cross the public road or street, considering
29 factors including the speed, volume, and character of motor
30 vehicle traffic on the road or street. Upon a determination
31 that utility vehicles may be safely operated on a designated
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1 road or street, the responsible governmental entity shall post
2 appropriate signs to indicate that such operation is allowed.
3 (2) A utility vehicle may be operated by a homeowners'
4 association or its agents on a portion of the State Highway
5 System only under the following conditions:
6 (a) To cross a portion of the State Highway System
7 which intersects a county road or a city street that has been
8 designated for use by utility vehicles if the Department of
9 Transportation has reviewed and approved the location and
10 design of the crossing and any traffic control devices needed
11 for safety purposes.
12 (b) To cross, at midblock, a portion of the State
13 Highway System where the highway bisects property controlled
14 or maintained by a homeowners' association if the Department
15 of Transportation has reviewed and approved the location and
16 design of the crossing and any traffic control devices needed
17 for safety purposes.
18 (c) To travel on a state road that has been designated
19 for transfer to a local government unit pursuant to s.
20 335.0415 if the Department of Transportation determines that
21 the operation of a utility vehicle within the right-of-way of
22 the road will not impede the safe and efficient flow of motor
23 vehicle traffic. The department may authorize the operation of
24 utility vehicles on such a road if:
25 1. The road is the only available public road on which
26 utility vehicles may travel or cross or the road provides the
27 safest travel route among alternative routes available; and
28 2. The speed, volume, and character of motor vehicle
29 traffic on the road is considered in making such a
30 determination.
31
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1 Upon its determination that utility vehicles may be operated
2 on a given road, the department shall post appropriate signs
3 on the road to indicate that such operation is allowed.
4 (3) A utility vehicle may be operated by a homeowners'
5 association or its agents only during the hours between
6 sunrise and sunset, unless the responsible governmental entity
7 has determined that a utility vehicle may be operated during
8 the hours between sunset and sunrise and the utility vehicle
9 is equipped with headlights, brake lights, turn signals, and a
10 windshield.
11 (4) A utility vehicle must be equipped with efficient
12 brakes, a reliable steering apparatus, safe tires, a rearview
13 mirror, and red reflectorized warning devices in both the
14 front and the rear.
15 (5) A utility vehicle may not be operated on public
16 roads or streets by any person under the age of 14.
17
18 A violation of this section is a noncriminal traffic
19 infraction, punishable pursuant to chapter 318 as either a
20 moving violation for infractions of subsection (1), subsection
21 (2), subsection (3), or subsection (4) or as a nonmoving
22 violation for infractions of subsection (5).
23 Section 105. Subsection (2) of section 316.304,
24 Florida Statutes, is amended to read:
25 316.304 Wearing of headsets.--
26 (2) This section does not apply to:
27 (a) Any law enforcement officer equipped with any
28 communication device necessary in performing his or her
29 assigned duties or to any emergency vehicle operator equipped
30 with any ear protection device.
31
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1 (b) Any applicant for a license to operate a
2 motorcycle while taking the examination required by s.
3 322.12(5).
4 (c) Any person operating a motorcycle who is using a
5 headset that is installed in a helmet and worn so as to
6 prevent the speakers from making direct contact with the
7 user's ears so that the user can hear surrounding sounds.
8 (d) Any person using a headset in conjunction with a
9 cellular telephone that only provides sound through one ear
10 and allows surrounding sounds to be hear with the other ear.
11 (e) Any person using a headset in conjunction with
12 communicating with the central base operation that only
13 provides sound through one ear and allows surrounding sounds
14 to be heard with the other ear.
15 Section 106. Section 316.520, Florida Statutes, is
16 amended to read:
17 316.520 Loads on vehicles.--
18 (1) A vehicle may not be driven or moved on any
19 highway unless the vehicle is so constructed or loaded as to
20 prevent any of its load from dropping, shifting, leaking,
21 blowing, or otherwise escaping therefrom, except that sand may
22 be dropped only for the purpose of securing traction or water
23 or other substance may be sprinkled on a roadway in cleaning
24 or maintaining the roadway.
25 (2) It is the duty of every owner and driver,
26 severally, of any vehicle hauling, upon any public road or
27 highway open to the public, dirt, sand, lime rock, gravel,
28 silica, or other similar aggregate or trash, garbage, any
29 inanimate object or objects, or any similar material that
30 could fall or blow from such vehicle, to prevent such
31 materials from falling, blowing, or in any way escaping from
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1 such vehicle. Covering and securing the load with a
2 close-fitting tarpaulin or other appropriate cover or a load
3 securing device meeting the requirements of 49 C.F.R. s.
4 393.100 or a device designed to reasonably ensure that cargo
5 will not shift upon or fall from the vehicle is required and
6 shall constitute compliance with this section.
7 (3)(a) Except as provided in paragraph (b), a
8 violation of this section is a noncriminal traffic infraction,
9 punishable as a nonmoving violation as provided in chapter
10 318.
11 (b) Any person who willfully violates the provisions
12 of this section which offense results in serious bodily injury
13 or death to an individual and which offense occurs as a result
14 of failing to comply with subsections (1) and (2) commits a
15 criminal traffic offense and a misdemeanor of the second
16 degree, punishable as provided in s. 775.082 or s. 775.083.
17 (4) The provisions of subsection (2) requiring
18 covering and securing the load with a close-fitting tarpaulin
19 or other appropriate cover does not apply to vehicles carrying
20 agricultural products locally from a harvest site or to or
21 from a farm on roads where the posted speed limit is 65 miles
22 per hour or less and the distance driven on public roads is
23 less than 20 miles.
24 Section 107. Paragraph (f) is added to subsection (3)
25 of section 318.18, Florida Statutes, and subsection (12) is
26 added to said section, to read:
27 318.18 Amount of civil penalties.--The penalties
28 required for a noncriminal disposition pursuant to s. 318.14
29 are as follows:
30 (3)
31
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1 (b) For moving violations involving unlawful speed,
2 the fines are as follows:
3
4 For speed exceeding the limit by: Fine:
5 1-5 m.p.h..............................................Warning
6 6-9 m.p.h.................................................$ 25
7 10-14 m.p.h...............................................$100
8 15-19 m.p.h...............................................$125
9 20-29 m.p.h...............................................$150
10 30 m.p.h. and above.......................................$250
11
12 (f) A person cited for exceeding the speed limit
13 within a zone posted for any electronic or manual toll
14 collection facility will be assessed a fine double the amount
15 listed in paragraph (b). However, no person cited for
16 exceeding the speed limit in any toll collection zone shall be
17 subject to a doubled fine unless the governmental entity or
18 authority controlling the toll collection zone first installs
19 a traffic control device providing warning that speeding fines
20 are doubled. Any such traffic control device must meet the
21 requirements of the uniform system of traffic control devices.
22 (12) One hundred dollars for a violation of s.
23 316.520(1) or (2). If, at a hearing, the alleged offender is
24 found to have committed this offense, the court shall impose a
25 minimum civil penalty of $100. For a second or subsequent
26 adjudication within a period of 5 years, the department shall
27 suspend the driver's license of the person for not less than
28 180 days and not more than 1 year.
29 Section 108. Section 318.19, Florida Statutes, is
30 amended to read:
31
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1 318.19 Infractions requiring a mandatory hearing.--Any
2 person cited for the infractions listed in this section shall
3 not have the provisions of s. 318.14(2), (4), and (9)
4 available to him or her but must appear before the designated
5 official at the time and location of the scheduled hearing:
6 (1) Any infraction which results in a crash that
7 causes the death of another; or
8 (2) Any infraction which results in a crash that
9 causes "serious bodily injury" of another as defined in s.
10 316.1933(1); or
11 (3) Any infraction of s. 316.172(1)(b); or
12 (4) Any infraction of s. 316.520(1) or (2).
13 Section 109. Subsection (1), paragraph (b) of
14 subsection (2), and paragraphs (b) and (c) of subsection (3)
15 of section 316.640, Florida Statutes, are amended to read:
16 316.640 Enforcement.--The enforcement of the traffic
17 laws of this state is vested as follows:
18 (1) STATE.--
19 (a)1.a. The Division of Florida Highway Patrol of the
20 Department of Highway Safety and Motor Vehicles, the Division
21 of Law Enforcement of the Fish and Wildlife Conservation
22 Commission, the Division of Law Enforcement of the Department
23 of Environmental Protection, and law enforcement officers of
24 the Department of Transportation each have authority to
25 enforce all of the traffic laws of this state on all the
26 streets and highways thereof and elsewhere throughout the
27 state wherever the public has a right to travel by motor
28 vehicle. The Division of the Florida Highway Patrol may employ
29 as a traffic accident investigation officer any individual who
30 successfully completes at least 200 hours of instruction in
31 traffic accident investigation and court presentation through
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1 the Selective Traffic Enforcement Program as approved by the
2 Criminal Justice Standards and Training Commission and funded
3 through the National Highway Traffic Safety Administration or
4 a similar program approved by the commission, but who does not
5 necessarily meet the uniform minimum standards established by
6 the commission for law enforcement officers or auxiliary law
7 enforcement officers under chapter 943. Any such traffic
8 accident investigation officer who makes an investigation at
9 the scene of a traffic accident may issue traffic citations,
10 based upon personal investigation, when he or she has
11 reasonable and probable grounds to believe that a person who
12 was involved in the accident committed an offense under this
13 chapter, chapter 319, chapter 320, or chapter 322 in
14 connection with the accident. This paragraph does not permit
15 the carrying of firearms or other weapons, nor do such
16 officers have arrest authority other than for the issuance of
17 a traffic citation as authorized in this paragraph.
18 b. University police officers shall have authority to
19 enforce all of the traffic laws of this state when such
20 violations occur on or about any property or facilities that
21 are under the guidance, supervision, regulation, or control of
22 a state university, a direct-support organization of such
23 state university, or any other organization controlled by the
24 state university or a direct-support organization of the state
25 university System, except that traffic laws may be enforced
26 off-campus when hot pursuit originates on or adjacent to any
27 such property or facilities on-campus.
28 c. Community college police officers shall have the
29 authority to enforce all the traffic laws of this state only
30 when such violations occur on any property or facilities that
31
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1 are under the guidance, supervision, regulation, or control of
2 the community college system.
3 d. Police officers employed by an airport authority
4 shall have the authority to enforce all of the traffic laws of
5 this state only when such violations occur on any property or
6 facilities that are owned or operated by an airport authority.
7 (I) An airport authority may employ as a parking
8 enforcement specialist any individual who successfully
9 completes a training program established and approved by the
10 Criminal Justice Standards and Training Commission for parking
11 enforcement specialists but who does not otherwise meet the
12 uniform minimum standards established by the commission for
13 law enforcement officers or auxiliary or part-time officers
14 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
15 construed to permit the carrying of firearms or other weapons,
16 nor shall such parking enforcement specialist have arrest
17 authority.
18 (II) A parking enforcement specialist employed by an
19 airport authority is authorized to enforce all state, county,
20 and municipal laws and ordinances governing parking only when
21 such violations are on property or facilities owned or
22 operated by the airport authority employing the specialist, by
23 appropriate state, county, or municipal traffic citation.
24 e. The Office of Agricultural Law Enforcement of the
25 Department of Agriculture and Consumer Services shall have the
26 authority to enforce traffic laws of this state only as
27 authorized by the provisions of chapter 570. However, nothing
28 in this section shall expand the authority of the Office of
29 Agricultural Law Enforcement at its agricultural inspection
30 stations to issue any traffic tickets except those traffic
31 tickets for vehicles illegally passing the inspection station.
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1 f. School safety officers shall have the authority to
2 enforce all of the traffic laws of this state when such
3 violations occur on or about any property or facilities which
4 are under the guidance, supervision, regulation, or control of
5 the district school board.
6 2. An agency of the state as described in subparagraph
7 1. is prohibited from establishing a traffic citation quota. A
8 violation of this subparagraph is not subject to the penalties
9 provided in chapter 318.
10 3. Any disciplinary action taken or performance
11 evaluation conducted by an agency of the state as described in
12 subparagraph 1. of a law enforcement officer's traffic
13 enforcement activity must be in accordance with written
14 work-performance standards. Such standards must be approved by
15 the agency and any collective bargaining unit representing
16 such law enforcement officer. A violation of this subparagraph
17 is not subject to the penalties provided in chapter 318.
18 (2) COUNTIES.--
19 (b) The sheriff's office of each county may employ as
20 a traffic crash investigation officer any individual who
21 successfully completes at least 200 hours of instruction in
22 traffic crash investigation and court presentation through the
23 Selective Traffic Enforcement Program (STEP) as approved by
24 the Criminal Justice Standards and Training Commission and
25 funded through the National Highway Traffic Safety
26 Administration (NHTSA) or a similar program approved by the
27 commission, but who does not necessarily otherwise meet the
28 uniform minimum standards established by the commission for
29 law enforcement officers or auxiliary law enforcement officers
30 under chapter 943. Any such traffic crash investigation
31 officer who makes an investigation at the scene of a traffic
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1 crash may issue traffic citations when, based upon personal
2 investigation, he or she has reasonable and probable grounds
3 to believe that a person who was involved in the crash has
4 committed an offense under this chapter, chapter 319, chapter
5 320, or chapter 322 in connection with the crash. This
6 paragraph does not permit the carrying of firearms or other
7 weapons, nor do such officers have arrest authority other than
8 for the issuance of a traffic citation as authorized in this
9 paragraph.
10 (3) MUNICIPALITIES.--
11 (b) The police department of a chartered municipality
12 may employ as a traffic crash investigation officer any
13 individual who successfully completes at least 200 hours of
14 instruction in traffic crash investigation and court
15 presentation through the Selective Traffic Enforcement Program
16 (STEP) as approved by the Criminal Justice Standards and
17 Training Commission and funded through the National Highway
18 Traffic Safety Administration (NHTSA) or a similar program
19 approved by the commission, but who does not otherwise meet
20 the uniform minimum standards established by the commission
21 for law enforcement officers or auxiliary law enforcement
22 officers under chapter 943. Any such traffic crash
23 investigation officer who makes an investigation at the scene
24 of a traffic crash is authorized to issue traffic citations
25 when, based upon personal investigation, he or she has
26 reasonable and probable grounds to believe that a person
27 involved in the crash has committed an offense under the
28 provisions of this chapter, chapter 319, chapter 320, or
29 chapter 322 in connection with the crash. Nothing in This
30 paragraph does not shall be construed to permit the carrying
31 of firearms or other weapons, nor do shall such officers have
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1 arrest authority other than for the issuance of a traffic
2 citation as authorized above.
3 (c)1. A chartered municipality or its authorized
4 agency or instrumentality may employ as a parking enforcement
5 specialist any individual who successfully completes a
6 training program established and approved by the Criminal
7 Justice Standards and Training Commission for parking
8 enforcement specialists, but who does not otherwise meet the
9 uniform minimum standards established by the commission for
10 law enforcement officers or auxiliary or part-time officers
11 under s. 943.12.
12 2. A parking enforcement specialist employed by a
13 chartered municipality or its authorized agency or
14 instrumentality is authorized to enforce all state, county,
15 and municipal laws and ordinances governing parking within the
16 boundaries of the municipality employing the specialist, by
17 appropriate state, county, or municipal traffic citation.
18 Nothing in this paragraph shall be construed to permit the
19 carrying of firearms or other weapons, nor shall such a
20 parking enforcement specialist have arrest authority.
21 3. A parking enforcement specialist employed pursuant
22 to this subsection may not carry firearms or other weapons or
23 have arrest authority.
24 Section 110. Subsection (1) of section 322.056,
25 Florida Statutes, is amended to read:
26 322.056 Mandatory revocation or suspension of, or
27 delay of eligibility for, driver's license for persons under
28 age 18 found guilty of certain alcohol, drug, or tobacco
29 offenses; prohibition.--
30 (1) Notwithstanding the provisions of s. 322.055, if a
31 person under 18 years of age is found guilty of or delinquent
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1 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
2 and:
3 (a) The person is eligible by reason of age for a
4 driver's license or driving privilege, the court shall direct
5 the department to revoke or to withhold issuance of his or her
6 driver's license or driving privilege for a period of:
7 1. Not less than 6 months and not more than 1 year for
8 the first violation.
9 2. Two years, for a subsequent violation.
10 (b) The person's driver's license or driving privilege
11 is under suspension or revocation for any reason, the court
12 shall direct the department to extend the period of suspension
13 or revocation by an additional period of:
14 1. Not less than 6 months and not more than 1 year for
15 the first violation.
16 2. Two years, for a subsequent violation.
17 (c) The person is ineligible by reason of age for a
18 driver's license or driving privilege, the court shall direct
19 the department to withhold issuance of his or her driver's
20 license or driving privilege for a period of:
21 1. Not less than 6 months and not more than 1 year
22 after the date on which he or she would otherwise have become
23 eligible, for the first violation.
24 2. Two years after the date on which he or she would
25 otherwise have become eligible, for a subsequent violation.
26
27 However, the court may, in its sound discretion, direct the
28 department to issue a license for driving privileges
29 restricted to business or employment purposes only, as defined
30 in s. 322.271, if the person is otherwise qualified for such a
31 license.
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1 Section 111. Section 570.073, Florida Statutes, is
2 amended to read:
3 570.073 Department of Agriculture and Consumer
4 Services, law enforcement officers.--
5 (1) The commissioner may create an Office of
6 Agricultural Law Enforcement under the supervision of a senior
7 manager exempt under s. 110.205 in the Senior Management
8 Service. The commissioner may designate law enforcement
9 officers, as necessary, to enforce any criminal law or conduct
10 any criminal investigation or to enforce the provisions of any
11 statute or any other laws of this state relating to any matter
12 over which the department has jurisdiction or which occurs on
13 property owned, managed, or occupied by the department.
14 Officers appointed under this section have the primary
15 responsibility for enforcing laws relating to agriculture and
16 consumer services as outlined below and violations of law that
17 threaten the overall security and safety of this state's
18 agriculture and consumer services. Those matters include The
19 primary responsibilities include the enforcement of laws
20 relating to:
21 (a) Domesticated animals, including livestock,
22 poultry, aquaculture products, and other wild or domesticated
23 animals or animal products.
24 (b) Farms, farm equipment, livery tack, citrus or
25 citrus products, or horticultural products.
26 (c) Trespass, littering, forests, forest fires, and
27 open burning.
28 (d) Damage to or theft of forest products.
29 (e) Enforcement of a marketing order.
30 (f) Protection of consumers.
31
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1 (g) Civil traffic offenses as outlined under Florida
2 law provided for in chapters 316, 320, and 322, subject to the
3 provisions of chapter 318, relating to any matter over which
4 the department has jurisdiction or committed on property
5 owned, managed, or occupied by the department.
6 (h) The use of alcohol or drugs which occurs on
7 property owned, managed, or occupied by the department.
8 (i) Any emergency situation in which the life, limb,
9 or property of any person is placed in immediate and serious
10 danger.
11 (j) Any crime incidental to or related to paragraphs
12 (a)-(i).
13 (k) Any law over which the Commissioner of Agriculture
14 has responsibility.
15 (2) Each law enforcement officer shall meet the
16 qualifications of law enforcement officers under s. 943.13 and
17 shall be certified as a law enforcement officer by the
18 Department of Law Enforcement under the provisions of chapter
19 943. Upon certification, each law enforcement officer is
20 subject to and shall have the same arrest and other authority
21 provided for law enforcement officers generally in chapter 901
22 and shall have statewide jurisdiction as provided in
23 subsection (1). Each officer shall also have arrest authority
24 as provided for state law enforcement officers in s.
25 901.15(11). Such officers have full law enforcement powers
26 granted to other peace officers of this state, including the
27 power to make arrests, carry firearms, serve court process,
28 and seize contraband and the proceeds of illegal activities.
29 (3) The Commissioner may also appoint part-time,
30 reserve or auxiliary law enforcement officers under chapter
31 943.
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1 (4)(3) All department law enforcement officers, upon
2 certification under s. 943.1395, shall have the same right and
3 authority to carry arms as do the sheriffs of this state.
4 (5)(4) Each law enforcement officer in the state who
5 is certified pursuant to chapter 943 has the same authority as
6 law enforcement officers designated in this section to enforce
7 the laws of this state as described in subsection (1).
8 Section 112. Subsections (5) and (11) of section
9 319.23, Florida Statutes, are amended to read:
10 319.23 Application for, and issuance of, certificate
11 of title.--
12 (5) The certificate of title issued by the department
13 for a motor vehicle or mobile home previously registered
14 outside this state shall give the name of the state or country
15 in which the vehicle was last registered outside this state.
16 The department shall retain the evidence of title presented by
17 the applicant upon which the certificate of title is issued.
18 The department shall use reasonable diligence in ascertaining
19 whether or not the facts in the application are true; and, if
20 satisfied that the applicant is the owner of the motor vehicle
21 or mobile home and that the application is in the proper form,
22 it shall issue a certificate of title.
23 (11) The department is not required to retain any
24 evidence of title presented by the applicant and based on
25 which the certificate of title is issued.
26 Section 113. Paragraph (a) of subsection (1) of
27 section 319.28, Florida Statutes, is amended to read:
28 319.28 Transfer of ownership by operation of law.--
29 (1)(a) In the event of the transfer of ownership of a
30 motor vehicle or mobile home by operation of law as upon
31 inheritance, devise or bequest, order in bankruptcy,
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1 insolvency, replevin, attachment, execution, or other judicial
2 sale or whenever the engine of a motor vehicle is replaced by
3 another engine or whenever a motor vehicle is sold to satisfy
4 storage or repair charges or repossession is had upon default
5 in performance of the terms of a security agreement, chattel
6 mortgage, conditional sales contract, trust receipt, or other
7 like agreement, and upon the surrender of the prior
8 certificate of title or, when that is not possible,
9 presentation of satisfactory proof to the department of
10 ownership and right of possession to such motor vehicle or
11 mobile home, and upon payment of the fee prescribed by law and
12 presentation of an application for certificate of title, the
13 department may issue to the applicant a certificate of title
14 thereto. If the application is predicated upon a security
15 agreement, chattel mortgage, conditional sales contract, trust
16 receipt, or other like agreement, the original instrument or a
17 certified copy thereof shall accompany the application;
18 however, if an owner under a chattel mortgage voluntarily
19 surrenders possession of the motor vehicle or mobile home, the
20 original or a certified copy of the chattel mortgage shall
21 accompany the application for a certificate of title and it
22 shall not be necessary to institute proceedings in any court
23 to foreclose such mortgage.
24 Section 114. Paragraph (d) of subsection (1) of
25 section 319.33, Florida Statutes, is amended, and subsection
26 (6) of said section is reenacted, to read:
27 319.33 Offenses involving vehicle identification
28 numbers, applications, certificates, papers; penalty.--
29 (1) It is unlawful:
30 (d) To possess, sell or offer for sale, conceal, or
31 dispose of in this state a motor vehicle or mobile home, or
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1 major component part thereof, on which any the motor number or
2 vehicle identification number that has been affixed by the
3 manufacturer or by a state agency, such as the Department of
4 Highway Safety and Motor Vehicles, which regulates motor
5 vehicles has been destroyed, removed, covered, altered, or
6 defaced, with knowledge of such destruction, removal,
7 covering, alteration, or defacement, except as provided in s.
8 319.30(4).
9 (6) Any person who violates any provision of this
10 section is guilty of a felony of the third degree, punishable
11 as provided in s. 775.082, s. 775.083, or s. 775.084. Any
12 motor vehicle used in violation of this section shall
13 constitute contraband which may be seized by a law enforcement
14 agency and shall be subject to forfeiture proceedings pursuant
15 to ss. 932.701-932.704. This section is not exclusive of any
16 other penalties prescribed by any existing or future laws for
17 the larceny or unauthorized taking of motor vehicles or mobile
18 homes, but is supplementary thereto.
19 Section 115. Section 320.025, Florida Statutes, is
20 amended to read:
21 320.025 Registration certificate and license plate or
22 decal issued under fictitious name; application.--
23 (1) A confidential registration certificate and
24 registration license plate or decal shall be issued under a
25 fictitious name only for a motor vehicle or vessel owned or
26 operated by a law enforcement agency of state, county,
27 municipal, or federal government, the Attorney General's
28 Medicaid Fraud Control Unit, or any state public defender's
29 office. The requesting agency shall file a written application
30 with the department on forms furnished by the department,
31 which includes a statement that the license plate or decal
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1 will be used for the Attorney General's Medicaid Fraud Control
2 Unit, or law enforcement or any state public defender's office
3 activities requiring concealment of publicly leased or owned
4 motor vehicles or vessels and a statement of the position
5 classifications of the individuals who are authorized to use
6 the license plate or decal. The department may modify its
7 records to reflect the fictitious identity of the owner or
8 lessee until such time as the license plate or decal and
9 registration certificate are surrendered to it.
10 (2) Except as provided in subsection (1), any motor
11 vehicle owned or exclusively operated by the state or any
12 county, municipality, or other governmental entity must at all
13 times display a license plate of the type prescribed in s.
14 320.0655. Any vessel owned or exclusively operated by the
15 state or any county, municipality, or other governmental
16 entity must at all times display a registration number as
17 required in s. 328.56 and a vessel decal as required in s.
18 328.48(5).
19 (3) This section constitutes an exception to other
20 statutes relating to falsification of public records, false
21 swearing, and similar matters. All records relating to the
22 registration application of the Attorney General's Medicaid
23 Fraud Control Unit, a law enforcement agency, or any state
24 public defender's office, and records necessary to carry out
25 the intended purpose of this section, are exempt from the
26 provisions of s. 119.07(1), and s. 24(a), Art. I of the State
27 Constitution as long as the information is retained by the
28 department. This section does not prohibit other personations,
29 fabrications, or creations of false identifications by the
30 Attorney General's Medicaid Fraud Control Unit, or law
31
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1 enforcement or public defender's officers in the official
2 performance of covert operations.
3 Section 116. Subsections (1) and (2) of section
4 320.05, Florida Statutes, are amended to read:
5 320.05 Records of the department; inspection
6 procedure; lists and searches; fees.--
7 (1) Except as provided in ss. s. 119.07(3) and
8 320.025(3), the department may release records as provided in
9 this section.
10 (2) Upon receipt of an application for the
11 registration of a motor vehicle, vessel, or mobile home, as
12 herein provided for, the department shall register the motor
13 vehicle, vessel, or mobile home under the distinctive number
14 assigned to such motor vehicle, vessel, or mobile home by the
15 department. Electronic registration records shall be open to
16 the inspection of the public during business hours.
17 Information on a motor vehicle or vessel registration may not
18 be made available to a person unless the person requesting the
19 information furnishes positive proof of identification. The
20 agency that furnishes a motor vehicle or vessel registration
21 record shall record the name and address of any person other
22 than a representative of a law enforcement agency who requests
23 and receives information from a motor vehicle or vessel
24 registration record and shall also record the name and address
25 of the person who is the subject of the inquiry or other
26 information identifying the entity about which information is
27 requested. A record of each such inquiry must be maintained
28 for a period of 6 months from the date upon which the
29 information was released to the inquirer. Nothing in this
30 section shall prohibit any financial institution, insurance
31 company, motor vehicle dealer, licensee under chapter 493,
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1 attorney, or other agency which the department determines has
2 the right to know from obtaining, for professional or business
3 use only, information in such records from the department
4 through any means of telecommunication pursuant to a code
5 developed by the department providing all fees specified in
6 subsection (3) have been paid. The department shall disclose
7 records or information to the child support enforcement agency
8 to assist in the location of individuals who owe or
9 potentially owe support, as defined in s. 409.2554, or to whom
10 such an obligation is owed pursuant to Title IV-D of the
11 Social Security Act.
12 Section 117. Subsection (5) of section 320.055,
13 Florida Statutes, is amended to read:
14 320.055 Registration periods; renewal periods.--The
15 following registration periods and renewal periods are
16 established:
17 (5) For a vehicle subject to apportioned registration
18 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
19 registration period shall be a period of 12 months beginning
20 in a month designated by the department and ending on the last
21 day of the 12th month. For a vehicle subject to this
22 registration period, the renewal period is the last month of
23 the registration period. The registration period may be
24 shortened or extended at the discretion of the department, on
25 receipt of the appropriate prorated fees, in order to evenly
26 distribute such registrations on a monthly basis. For a
27 vehicle subject to nonapportioned registration under s.
28 320.08(4), (5)(a)1., (6)(b), or (14), the registration period
29 begins December 1 and ends November 30. The renewal period is
30 the 31-day period beginning December 1.
31
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1 Section 118. Paragraphs (b) and (c) of subsection (1)
2 of section 320.06, Florida Statutes, are amended to read:
3 320.06 Registration certificates, license plates, and
4 validation stickers generally.--
5 (1)
6 (b) Registration license plates bearing a graphic
7 symbol and the alphanumeric system of identification shall be
8 issued for a 5-year period. At the end of said 5-year period,
9 upon renewal, the plate shall be replaced. The fee for such
10 replacement shall be $10, $2 of which shall be paid each year
11 before the plate is replaced, to be credited towards the next
12 $10 replacement fee. The fees shall be deposited into the
13 Highway Safety Operating Trust Fund. A credit or refund shall
14 not be given for any prior years' payments of such prorated
15 replacement fee when the plate is replaced or surrendered
16 before the end of the 5-year period. With each license plate,
17 there shall be issued a validation sticker showing the owner's
18 birth month, license plate number, and the year of expiration
19 or the appropriate renewal period if the owner is not a
20 natural person. The This validation sticker is to shall be
21 placed on the upper right left corner of the license plate and
22 shall be issued one time during the life of the license plate,
23 or upon request when it has been damaged or destroyed. There
24 shall also be issued with each license plate a serially
25 numbered validation sticker showing the year of expiration,
26 which sticker shall be placed on the upper right corner of the
27 license plate. Such license plate and validation sticker
28 stickers shall be issued based on the applicant's appropriate
29 renewal period. The registration period shall be a period of
30 12 months, and all expirations shall occur based on the
31 applicant's appropriate registration period. A vehicle with an
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1 apportioned registration shall be issued an annual license
2 plate and a cab card that denote the declared gross vehicle
3 weight for each apportioned jurisdiction in which the vehicle
4 is authorized to operate.
5 (c) Registration license plates equipped with
6 validation stickers shall be valid for not more than 12 months
7 and shall expire at midnight on the last day of the
8 registration period. For each registration period after the
9 one in which the metal registration license plate is issued,
10 and until the license plate is required to be replaced, a
11 validation sticker showing the month and year of expiration
12 shall be issued upon payment of the proper license tax amount
13 and fees and shall be valid for not more than 12 months. When
14 license plates equipped with validation stickers are issued in
15 any month other than the owner's birth month or the designated
16 registration period for any other motor vehicle, the effective
17 date shall reflect the birth month or month and the year of
18 renewal. However, when a license plate or validation sticker
19 is issued for a period of less than 12 months, the applicant
20 shall pay the appropriate amount of license tax and the
21 applicable fee under the provisions of s. 320.14 in addition
22 to all other fees. Validation stickers issued for vehicles
23 taxed under the provisions of s. 320.08(6)(a), for any company
24 which owns 250 vehicles or more, or for semitrailers taxed
25 under the provisions of s. 320.08(5)(a), for any company which
26 owns 50 vehicles or more, may be placed on any vehicle in the
27 fleet so long as the vehicle receiving the validation sticker
28 has the same owner's name and address as the vehicle to which
29 the validation sticker was originally assigned.
30 Section 119. Subsection (6) of section 320.0805,
31 Florida Statutes, is amended to read:
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1 320.0805 Personalized prestige license plates.--
2 (6) A personalized prestige license plate shall be
3 issued for the exclusive continuing use of the applicant. An
4 exact duplicate of any plate may not be issued to any other
5 applicant during the same registration period. An exact
6 duplicate may not be issued for any succeeding year unless the
7 previous owner of a specific plate relinquishes it by failure
8 to apply for renewal or reissuance for 1 year three
9 consecutive annual registration periods following the last
10 original year of issuance.
11 Section 120. Subsection (1) of section 320.083,
12 Florida Statutes, is amended to read:
13 320.083 Amateur radio operators; special license
14 plates; fees.--
15 (1) A person who is the owner or lessee of an
16 automobile or truck for private use, a truck weighing not more
17 than 7,999 5,000 pounds, or a recreational vehicle as
18 specified in s. 320.08(9)(c) or (d), which is not used for
19 hire or commercial use; who is a resident of the state; and
20 who holds a valid official amateur radio station license
21 issued by the Federal Communications Commission shall be
22 issued a special license plate upon application, accompanied
23 by proof of ownership of such radio station license, and
24 payment of the following tax and fees:
25 (a) The license tax required for the vehicle, as
26 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
27 (c), (d), (e), or (f), or (9); and
28 (b) An initial additional fee of $5, and an additional
29 fee of $1.50 thereafter.
30 Section 121. Subsection (2) of section 320.0848,
31 Florida Statutes, is amended to read:
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1 320.0848 Persons who have disabilities; issuance of
2 disabled parking permits; temporary permits; permits for
3 certain providers of transportation services to persons who
4 have disabilities.--
5 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
6 MOBILITY PROBLEMS.--
7 (a) The disabled parking permit is a placard that can
8 be placed in a motor vehicle so as to be visible from the
9 front and rear of the vehicle. Each side of the placard must
10 have the international symbol of accessibility in a
11 contrasting color in the center so as to be visible. One side
12 of the placard must display the applicant's driver's license
13 number or state identification card number along with a
14 warning that the applicant must have such identification at
15 all times while using the parking permit. A validation sticker
16 must also be issued with each disabled parking permit, showing
17 the month and year of expiration on each side of the placard.
18 Validation stickers must be of the size specified by the
19 Department of Highway Safety and Motor Vehicles and must be
20 affixed to the disabled parking permits. The disabled parking
21 permits must use the same colors as license plate validations.
22 (b) License plates issued under ss. 320.084, 320.0842,
23 320.0843, and 320.0845 are valid for the same parking
24 privileges and other privileges provided under ss. 316.1955,
25 316.1964, and 526.141(5)(a).
26 (c) The administrative processing fee for each initial
27 4-year disabled parking permit or renewal permit shall be
28 $1.50, and all proceeds of that fee shall be retained by the
29 tax collector of the county in which the fee was collected.
30 (c)1. Except as provided in subparagraph 2., the fee
31 for a disabled parking permit shall be:
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1 a. Fifteen dollars for each initial 4-year permit or
2 renewal permit, of which the State Transportation Trust Fund
3 shall receive $13.50 and the tax collector of the county in
4 which the fee was collected shall receive $1.50.
5 b. One dollar for each additional or additional
6 renewal 4-year permit, of which the State Transportation Trust
7 Fund shall receive all funds collected.
8 (d) The department shall not issue an additional
9 disabled parking permit unless the applicant states that he or
10 she is they are a frequent traveler or a quadriplegic. The
11 department may not issue to any one eligible applicant more
12 than two disabled parking permits except to an organization in
13 accordance with paragraph (1)(e). Subsections (1), (5), (6),
14 and (7) apply to this subsection.
15 (e)2. If an applicant who is a disabled veteran, is a
16 resident of this state, has been honorably discharged, and
17 either has been determined by the Department of Defense or the
18 United States Department of Veterans Affairs or its
19 predecessor to have a service-connected disability rating for
20 compensation of 50 percent or greater or has been determined
21 to have a service-connected disability rating of 50 percent or
22 greater and is in receipt of both disability retirement pay
23 from the United States Department of Veterans Affairs, he or
24 she must still provide and has a signed physician's statement
25 of qualification for the disabled parking permits., the fee
26 for a disabled parking permit shall be:
27 a. One dollar and fifty cents for the initial 4-year
28 permit or renewal permit.
29 b. One dollar for each additional or additional
30 renewal 4-year permit.
31
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1 The tax collector of the county in which the fee was collected
2 shall retain all funds received pursuant to this subparagraph.
3 3. If an applicant presents to the department a
4 statement from the Federal Government or the State of Florida
5 indicating the applicant is a recipient of supplemental
6 security income, the fee for the disabled parking permit shall
7 be $9 for the initial 4-year permit or renewal permit, of
8 which the State Transportation Trust Fund shall receive $6.75
9 and the tax collector of the county in which the fee was
10 collected shall receive $2.25.
11 (f)(d) To obtain a replacement for a disabled parking
12 permit that has been lost or stolen, a person must submit an
13 application on a form prescribed by the department and must
14 pay a replacement fee in the amount of $1.00, to be retained
15 by the issuing agency. If the person submits with the
16 application a police report documenting that the permit was
17 stolen, there is no replacement fee.
18 (g)(e) A person who qualifies for a disabled parking
19 permit under this section may be issued an international
20 wheelchair user symbol license plate under s. 320.0843 in lieu
21 of the disabled parking permit; or, if the person qualifies
22 for a "DV" license plate under s. 320.084, such a license
23 plate may be issued to him or her in lieu of a disabled
24 parking permit.
25 Section 122. Subsections (2) and (3) of section
26 320.089, Florida Statutes, are amended to read:
27 320.089 Members of National Guard and active United
28 States Armed Forces reservists; former prisoners of war;
29 survivors of Pearl Harbor; Purple Heart medal recipients;
30 special license plates; fee.--
31
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1 (2) Each owner or lessee of an automobile or truck for
2 private use, truck weighing not more than 7,999 5,000 pounds,
3 or recreational vehicle as specified in s. 320.08(9)(c) or
4 (d), which is not used for hire or commercial use, who is a
5 resident of the state and who is a former prisoner of war, or
6 their unremarried surviving spouse, shall, upon application
7 therefor to the department, be issued a license plate as
8 provided in s. 320.06, on which license plate are stamped the
9 words "Ex-POW" followed by the serial number. Each application
10 shall be accompanied by proof that the applicant meets the
11 qualifications specified in paragraph (a) or paragraph (b).
12 (a) A citizen of the United States who served as a
13 member of the Armed Forces of the United States or the armed
14 forces of a nation allied with the United States who was held
15 as a prisoner of war at such time as the Armed Forces of the
16 United States were engaged in combat, or their unremarried
17 surviving spouse, may be issued the special license plate
18 provided for in this subsection without payment of the license
19 tax imposed by s. 320.08.
20 (b) A person who was serving as a civilian with the
21 consent of the United States Government, or a person who was a
22 member of the Armed Forces of the United States who was not a
23 United States citizen and was held as a prisoner of war when
24 the Armed Forces of the United States were engaged in combat,
25 or their unremarried surviving spouse, may be issued the
26 special license plate provided for in this subsection upon
27 payment of the license tax imposed by s. 320.08.
28 (3) Each owner or lessee of an automobile or truck for
29 private use, truck weighing not more than 7,999 5,000 pounds,
30 or recreational vehicle as specified in s. 320.08(9)(c) or
31 (d), which is not used for hire or commercial use, who is a
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1 resident of this state and who is the unremarried surviving
2 spouse of a recipient of the Purple Heart medal shall, upon
3 application therefor to the department, with the payment of
4 the required fees, be issued a license plate as provided in s.
5 320.06, on which license plate are stamped the words "Purple
6 Heart" and the likeness of the Purple Heart medal followed by
7 the serial number. Each application shall be accompanied by
8 proof that the applicant is the unremarried surviving spouse
9 of a recipient of the Purple Heart medal.
10 Section 123. Section 321.02, Florida Statutes, is
11 amended to read:
12 321.02 Powers and duties of department, highway
13 patrol.--The director of the Division of Highway Patrol of the
14 Department of Highway Safety and Motor Vehicles shall also be
15 the commander of the Florida Highway Patrol. The said
16 department shall set up and promulgate rules and regulations
17 by which the personnel of the Florida Highway Patrol officers
18 shall be examined, employed, trained, located, suspended,
19 reduced in rank, discharged, recruited, paid and pensioned,
20 subject to civil service provisions hereafter set out. The
21 department may enter into contracts or agreements, with or
22 without competitive bidding or procurement, to make available,
23 on a fair, reasonable, nonexclusive, and nondiscriminatory
24 basis, property and other structures under division control
25 for the placement of new facilities by any wireless provider
26 of mobile service as defined in 47 U.S.C. s. 153(n) or s.
27 332(d), and any telecommunications company as defined in s.
28 364.02 when it is determined to be practical and feasible to
29 make such property or other structures available. The
30 department may, without adopting a rule, charge a just,
31 reasonable, and nondiscriminatory fee for placement of the
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1 facilities, payable annually, based on the fair market value
2 of space used by comparable communications facilities in the
3 state. The department and a wireless provider or
4 telecommunications company may negotiate the reduction or
5 elimination of a fee in consideration of services provided to
6 the division by the wireless provider or the
7 telecommunications company. All such fees collected by the
8 department shall be deposited directly into the State Agency
9 Law Enforcement Radio System Trust Fund, and may be used to
10 construct, maintain, or support the system. The department is
11 further specifically authorized to purchase, sell, trade,
12 rent, lease and maintain all necessary equipment, uniforms,
13 motor vehicles, communication systems, housing facilities,
14 office space, and perform any other acts necessary for the
15 proper administration and enforcement of this chapter.
16 However, all supplies and equipment consisting of single items
17 or in lots shall be purchased under the requirements of s.
18 287.057. Purchases shall be made by accepting the bid of the
19 lowest responsive bidder, the right being reserved to reject
20 all bids. The department shall prescribe a distinctive uniform
21 and distinctive emblem to be worn by all officers of the
22 Florida Highway Patrol. It shall be unlawful for any other
23 person or persons to wear a similar uniform or emblem, or any
24 part or parts thereof. The department shall also prescribe a
25 distinctive color or colors for use on all motor vehicles and
26 motorcycles operated to be used by the Florida Highway Patrol.
27 The prescribed colors shall be referred to as "Florida Highway
28 Patrol black and tan."
29 Section 124. Subsection (7) is added to section
30 322.051, Florida Statutes, to read:
31 322.051 Identification cards.--
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1 (7) Any person accepting the Florida driver license as
2 proof of identification must accept a Florida identification
3 card as proof of identification when the bearer of the
4 identification card does not also have a driver license.
5 Section 125. Subsections (1) and (3) of section
6 860.20, Florida Statutes, are amended to read:
7 860.20 Outboard motors; identification numbers.--
8 (1)(a) The Department of Highway Safety and Motor
9 Vehicles Environmental Protection shall adopt rules specifying
10 the locations and manner in which serial numbers for outboard
11 motors shall be affixed. In adopting such rules, the
12 department shall consider the adequacy of voluntary industry
13 standards, the current state of technology, and the overall
14 purpose of reducing vessel and motor thefts in the state.
15 (b) Any outboard motor manufactured after October 1,
16 1985, which is for sale in the state shall comply with the
17 serial number rules promulgated by the department. Any
18 person, firm, or corporation which sells or offers for sale
19 any outboard boat motor manufactured after October 1, 1985,
20 which does not comply with this section is guilty of a
21 misdemeanor of the first degree, punishable as provided in s.
22 775.082 or s. 775.083.
23 (3) If any of the serial numbers required by this
24 section to identify ownership of an outboard motor do not
25 exist or have been removed, erased, defaced, or otherwise
26 altered to prevent identification and its true identity cannot
27 be determined, the outboard motor may be seized as contraband
28 property by a law enforcement agency and shall be subject to
29 forfeiture pursuant to ss. 932.701-932.704. Such outboard
30 motor may not be sold or used to propel a vessel on the waters
31 of the state unless the department Division of Law Enforcement
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1 of the Department of Environmental Protection is directed by
2 written order of a court of competent jurisdiction to issue to
3 the outboard motor a replacement identifying number which
4 shall be affixed to the outboard motor and shall thereafter be
5 used for identification purposes.
6 Section 126. All automotive service technology
7 education programs shall be industry certified by 2007.
8 Section 127. Paragraph (n) of subsection (1) of
9 section 319.30, Florida Statutes, is reenacted, and subsection
10 (3) of said section is amended, to read:
11 319.30 Definitions; dismantling, destruction, change
12 of identity of motor vehicle or mobile home; salvage.--
13 (1) As used in this section, the term:
14 (n) "Salvage" means a motor vehicle or mobile home
15 which is a total loss as defined in paragraph (3)(a).
16 (3)(a)1. As used in this section, a motor vehicle or
17 mobile home is a "total loss":
18 a.1. When an insurance company pays the vehicle owner
19 to replace the wrecked or damaged vehicle with one of like
20 kind and quality or when an insurance company pays the owner
21 upon the theft of the motor vehicle or mobile home; a motor
22 vehicle or mobile home shall not be considered a "total loss"
23 if the insurance company and the owner agree to repair, rather
24 than to replace, the motor vehicle or mobile home; or
25 b.2. When an uninsured motor vehicle or mobile home is
26 wrecked or damaged and the cost, at the time of loss, of
27 repairing or rebuilding the vehicle is 80 percent or more of
28 the cost to the owner of replacing the wrecked or damaged
29 motor vehicle or mobile home with one of like kind and
30 quality.
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1 2. A motor vehicle or mobile home shall not be
2 considered a "total loss" if the insurance company and owner
3 of a motor vehicle or mobile home agree to repair, rather than
4 to replace, the motor vehicle or mobile home. However, if the
5 actual cost to repair the motor vehicle or mobile home to the
6 insurance company exceeds 100 percent of the cost of replacing
7 the wrecked or damaged motor vehicle or mobile home with one
8 of like kind and quality, the owner shall forward to the
9 department, within 72 hours after the agreement, a request to
10 brand the certificate of title with the words "Total Loss
11 Vehicle." Such a brand shall become a part of the vehicle's
12 title history.
13 (b) The owner, including persons who are self-insured,
14 of any motor vehicle or mobile home which is considered to be
15 salvage shall, within 72 hours after the motor vehicle or
16 mobile home becomes salvage, forward the title to the motor
17 vehicle or mobile home to the department for processing.
18 However, an insurance company which pays money as compensation
19 for total loss of a motor vehicle or mobile home shall obtain
20 the certificate of title for the motor vehicle or mobile home
21 and, within 72 hours after receiving such certificate of
22 title, shall forward such title to the department for
23 processing. The owner or insurance company, as the case may
24 be, may not dispose of a vehicle or mobile home that is a
25 total loss before it has obtained a salvage certificate of
26 title or certificate of destruction from the department. When
27 applying for a salvage certificate of title or certificate of
28 destruction, the owner or insurance company must provide the
29 department with an estimate of the costs of repairing the
30 physical and mechanical damage suffered by the vehicle for
31 which a salvage certificate of title or certificate of
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1 destruction is sought. If the estimated costs of repairing the
2 physical and mechanical damage to the vehicle are equal to 80
3 percent or more of the current retail cost of the vehicle, as
4 established in any official used car or used mobile home
5 guide, the department shall declare the vehicle unrebuildable
6 and print a certificate of destruction, which authorizes the
7 dismantling or destruction of the motor vehicle or mobile home
8 described therein. This certificate of destruction shall be
9 reassignable a maximum of two times before dismantling or
10 destruction of the vehicle shall be required, and shall
11 accompany the motor vehicle or mobile home for which it is
12 issued, when such motor vehicle or mobile home is sold for
13 such purposes, in lieu of a certificate of title, and,
14 thereafter, the department shall refuse issuance of any
15 certificate of title for that vehicle. Nothing in this
16 subsection shall be applicable when a vehicle is worth less
17 than $1,500 retail in undamaged condition in any official used
18 motor vehicle guide or used mobile home guide or when a stolen
19 motor vehicle or mobile home is recovered in substantially
20 intact condition and is readily resalable without extensive
21 repairs to or replacement of the frame or engine. Any person
22 who willfully and deliberately violates this paragraph or
23 falsifies any document to avoid the requirements of this
24 paragraph commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 Section 128. Effective July 1, 2003, section 319.41,
27 Florida Statutes, is created to read:
28 319.41 Title history database.--The department shall
29 make available on the Internet a database of title
30 transactions searchable by vehicle identification number. In
31 the Internet database, the department shall only provide
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1 access to information relating to the year, make, model, and
2 mileage of the vehicle, along with the date of sales and any
3 brands or outstanding liens on the title.
4 Section 129. Section 748.7543, Florida Statutes, is
5 amended to read:
6 348.7543 Improvements, bond financing authority
7 for.--Pursuant to s. 11(f), Art. VII of the State
8 Constitution, the Legislature hereby approves for bond
9 financing by the Orlando-Orange County Expressway Authority
10 improvements to toll collection facilities, interchanges to
11 the legislatively approved expressway system, and any other
12 facility appurtenant, necessary, or incidental to the approved
13 system. Subject to terms and conditions of applicable revenue
14 bond resolutions and covenants, such costs financing may be
15 financed in whole or in part by revenue bonds issued pursuant
16 to s. 348.755(1)(a) or (b) whether currently issued or, issued
17 in the future, or by a combination of such bonds.
18 Section 130. Section 348.7545, Florida Statutes, is
19 amended to read:
20 348.7545 Western Beltway Part C, construction
21 authorized; financing.--Notwithstanding s. 338.2275, the
22 Orlando-Orange County Expressway Authority is authorized to
23 exercise its condemnation powers, construct, finance, operate,
24 own, and maintain that portion of the Western Beltway known as
25 the Western Beltway Part C, extending from Florida's Turnpike
26 near Ocoee in Orange County southerly through Orange and
27 Osceola Counties to an interchange with I-4 near the
28 Osceola-Polk County line, as part of the authority's 20-year
29 capital projects plan. This project may be financed with any
30 funds available to the authority for such purpose or revenue
31 bonds issued by the Division of Bond Finance of the State
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1 Board of Administration on behalf of the authority pursuant to
2 s. 11, Art. VII of the State Constitution and the State Bond
3 Act, ss. 215.57-215.83. This project may be refinanced with
4 bonds issued by the authority pursuant to s. 348.755(1)(d).
5 Section 131. Subsection (1) of section 348.755,
6 Florida Statutes, is amended to read:
7 348.755 Bonds of the authority.--
8 (1)(a) Bonds may be issued on behalf of the authority
9 pursuant to the State Bond Act.
10 (b) Alternatively, the authority may issue its own
11 bonds pursuant to this part at such times and in such
12 principal amount as, in the opinion of the authority, is
13 necessary to provide sufficient moneys for achieving its
14 purposes; however, such bonds may not pledge the full faith
15 and credit of the state. Bonds issued by the authority
16 pursuant to this paragraph or paragraph (a) The bonds of the
17 authority issued pursuant to the provisions of this part,
18 whether on original issuance or on refunding, shall be
19 authorized by resolution of the members thereof and may be
20 either term or serial bonds, shall bear such date or dates,
21 mature at such time or times, not exceeding 40 years from
22 their respective dates, bear interest at such rate or rates,
23 payable semiannually, be in such denominations, be in such
24 form, either coupon or fully registered, shall carry such
25 registration, exchangeability and interchangeability
26 privileges, be payable in such medium of payment and at such
27 place or places, be subject to such terms of redemption and be
28 entitled to such priorities on the revenues, rates, fees,
29 rentals or other charges or receipts of the authority
30 including the Orange County gasoline tax funds received by the
31 authority pursuant to the terms of any lease-purchase
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1 agreement between the authority and the department, as such
2 resolution or any resolution subsequent thereto may provide.
3 The bonds shall be executed either by manual or facsimile
4 signature by such officers as the authority shall determine,
5 provided that such bonds shall bear at least one signature
6 which is manually executed thereon, and the coupons attached
7 to such bonds shall bear the facsimile signature or signatures
8 of such officer or officers as shall be designated by the
9 authority and shall have the seal of the authority affixed,
10 imprinted, reproduced or lithographed thereon, all as may be
11 prescribed in such resolution or resolutions.
12 (c)(b) Said Bonds issued pursuant to paragraph (a) or
13 paragraph (b) shall be sold at public sale in the same manner
14 provided by the State Bond Act. However, if the authority
15 shall, by official action at a public meeting, determine that
16 a negotiated sale of such the bonds is in the best interest of
17 the authority, the authority may negotiate the for sale of
18 such the bonds with the underwriter or underwriters designated
19 by the authority and the Division of Bond Finance of the State
20 Board of Administration with respect to bonds issued pursuant
21 to paragraph (a) or solely the authority with respect to bonds
22 issued pursuant to paragraph (b). The authority's
23 determination to negotiate the sale of such bonds may be
24 based, in part, upon the written advice of the authority's
25 financial advisor. Pending the preparation of definitive
26 bonds, interim certificates may be issued to the purchaser or
27 purchasers of such bonds and may contain such terms and
28 conditions as the authority may determine.
29 (d) The authority may issue bonds pursuant to
30 paragraph (b) to refund any bonds previously issued regardless
31 of whether the bonds being refunded were issued by the
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1 authority pursuant to this chapter or on behalf of the
2 authority pursuant to the State Bond Act.
3 Section 132. Section 348.765, Florida Statutes, is
4 amended to read:
5 348.765 This part complete and additional authority.--
6 (1) The powers conferred by this part shall be in
7 addition and supplemental to the existing powers of said board
8 and the department, and this part shall not be construed as
9 repealing any of the provisions, of any other law, general,
10 special or local, but to supersede such other laws in the
11 exercise of the powers provided in this part, and to provide a
12 complete method for the exercise of the powers granted in this
13 part. The extension and improvement of said Orlando-Orange
14 County Expressway System, and the issuance of bonds hereunder
15 to finance all or part of the cost thereof, may be
16 accomplished upon compliance with the provisions of this part
17 without regard to or necessity for compliance with the
18 provisions, limitations, or restrictions contained in any
19 other general, special or local law, including, but not
20 limited to, s. 215.821, and no approval of any bonds issued
21 under this part by the qualified electors or qualified
22 electors who are freeholders in the state or in said County of
23 Orange, or in said City of Orlando, or in any other political
24 subdivision of the state, shall be required for the issuance
25 of such bonds pursuant to this part.
26 (2) This part shall not be deemed to repeal, rescind,
27 or modify any other law or laws relating to said State Board
28 of Administration, said Department of Transportation, or the
29 Division of Bond Finance of the State Board of Administration,
30 but shall be deemed to and shall supersede such other law or
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1 laws as are inconsistent with the provisions of this part,
2 including, but not limited to, s. 215.821.
3 Section 133. Subsection (1) of section 316.003,
4 Florida Statutes, is amended to read:
5 316.003 Definitions.--The following words and phrases,
6 when used in this chapter, shall have the meanings
7 respectively ascribed to them in this section, except where
8 the context otherwise requires:
9 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
10 fire department (fire patrol), police vehicles, and such
11 ambulances and emergency vehicles of municipal departments,
12 public service corporations operated by private corporations,
13 the Department of Environmental Protection, the Department of
14 Health, and the Department of Transportation as are designated
15 or authorized by their respective department or the chief of
16 police of an incorporated city or any sheriff of any of the
17 various counties.
18 Section 134. Subsection (9) of section 316.2397,
19 Florida Statutes, is amended to read:
20 316.2397 Certain lights prohibited; exceptions.--
21 (9) Flashing red lights may be used by emergency
22 response vehicles of the Department of Environmental
23 Protection and the Department of Health when responding to an
24 emergency in the line of duty.
25 Section 135. Notwithstanding section 18 of CS/CS/SB
26 1360, 2002 Regular Section, section 197.1722, Florida
27 Statutes, as created by section 16 of that bill, shall not
28 take effect January 1, 2003, but shall take effect on the date
29 CS/CS/SB 1360, Regular Session, becomes a law and shall apply
30 retroactively to January 1, 2002.
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1 Section 136. Except as otherwise provided, this act
2 shall take effect July 1, 2002.
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