HB 1373 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to transportation administration; amending
12	s. 95.361, F.S.; providing for government acquisition of
13	certain roads; providing procedures to contest such
14	acquisition; amending s. 255.20, F.S.; allowing certain
15	local governmental entities to require prequalification of
16	contractors for described transportation facilities
17	construction; providing a condition for ineligibility;
18	providing a presumption of eligibility for contractors
19	prequalified by the Department of Transportation;
20	providing for an appeal process to overcome that
21	presumption; requiring publication of prequalification
22	criteria and procedures prior to advertisement or notice
23	of solicitation; requiring a public hearing; requiring a
24	process for appeal; amending s. 330.27, F.S.; revising
25	definitions; amending s. 330.29, F.S.; revising duties of
26	the Department of Transportation; requiring the department
27	to establish requirements for airport site approval,
28	licensure, and registration; requiring the department to
29	establish and maintain a state aviation facility data
30	system; amending s. 330.30, F.S.; revising provisions for
31	airport site approval; revising provisions for airport
32	licensing; providing for a private airport registration
33	process; specifying requirements for such licensing and
34	registration; deleting airport license fees; providing for
35	expiration and revocation of such license or registration;
36	revising provisions for exemption from such registration
37	and licensing requirements; exempting described areas and
38	facilities from such requirements; providing described
39	private airports the option to be inspected and licensed
40	by the department; amending s. 330.35, F.S.; revising
41	provisions for airport zoning protection for public-use
42	airports; amending s. 332.007, F.S.; extending time period
43	of the department's authorization to fund certain
44	security-related airport projects; amending s. 335.02,
45	F.S.; providing that local government regulations shall
46	not apply to existing or future transportation facilities
47	on the State Highway System; amending s. 336.467, F.S.;
48	providing for the department to enter into agreements with
49	other governmental entities to acquire right-of-way;
50	deleting certain project criteria for such agreements;
51	amending s. 337.14, F.S.; revising timeframe for
52	department to act on an application for qualification as a
53	contractor; adding testing services to those activities
54	that specified contractors may not qualify to perform;
55	amending s. 337.18, F.S.; revising basis for determining
56	certain incentive payments to contractors; deleting
57	limitation on such payments; amending s. 337.401, F.S.;
58	allowing the department under described circumstances to
59	enter into permit-delegation agreements with other
60	governmental entities for issuance of permit to use
61	certain rights-of-way; amending s. 338.2216, F.S.;
62	deleting an incorrect reference; designating Cesar Calas
63	Way and Firpo Garcia Way in Miami-Dade County; designating
64	Private Robert M. McTureous, Jr., U.S.M.C., Medal of Honor
65	Memorial Highway in Lake County; directing the Department
66	of Transportation to erect suitable markers; repealing s.
67	339.12(10), F.S., relating to aid and contributions by
68	governmental entities for department projects; providing
69	effective dates.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1. Section 95.361, Florida Statutes, is amended to
74	read:
75	95.361 Roads presumed to be dedicated.--
76	(1) When a road, constructed by a county, a municipality,
77	or the Department of Transportation, has been maintained or
78	repaired continuously and uninterruptedly for 4 years by the
79	county, municipality, or the Department of Transportation,
80	jointly or severally, the road shall be deemed to be dedicated
81	to the public to the extent in width that has been actually
82	maintained for the prescribed period, whether or not the road
83	has been formally established as a public highway. The
84	dedication shall vest all right, title, easement, and
85	appurtenances in and to the road in:
86	(a) The county, if it is a county road;
87	(b) The municipality, if it is a municipal street or road;
88	or
89	(c) The state, if it is a road in the State Highway System
90	or State Park Road System,
91
92	whether or not there is a record of a conveyance, dedication, or
93	appropriation to the public use.
94	(2) In those instances where a road has been constructed
95	by a nongovernmental entity, or where the road was not
96	constructed by the entity currently maintaining or repairing it,
97	or where it cannot be determined who constructed the road, and
98	when such road has been regularly maintained or repaired for the
99	immediate past 7 years by a county, a municipality, or the
100	Department of Transportation, whether jointly or severally, such
101	road shall be deemed to be dedicated to the public to the extent
102	of the width that actually has been maintained or repaired for
103	the prescribed period, whether or not the road has been formally
104	established as a public highway. The dedication shall vest all
105	rights, title, easement, and appurtenances in and to the road
106	in:
107	(a) The county, if it is a county road;
108	(b) The municipality, if it is a municipal street or road;
109	or
110	(c) The state, if it is a road in the State Highway System
111	or State Park Road System, whether or not there is a record of
112	conveyance, dedication, or appropriation to the public use.
113	(3)The filing of a map in the office of the clerk of the
114	circuit court of the county where the road is located showing
115	the lands and reciting on it that the road has vested in the
116	state, a county, or a municipality in accordance with subsection
117	(1) or subsection (2)or by any other means of acquisition, duly
118	certified by:
119	(a) The secretary of the Department of Transportation, or
120	the secretary's designee, if the road is a road in the State
121	Highway System or State Park Road System;
122	(b) The chair and clerk of the board of county
123	commissioners of the county, if the road is a county road; or
124	(c) The mayor and clerk of the municipality, if the road
125	is a municipal road or street,
126
127	shall be prima facie evidence of ownership of the land by the
128	state, county, or municipality, as the case may be.
129	(4) Any person, firm, corporation, or entity having or
130	claiming any interest in and to any of the property affected by
131	subsection (2) shall have and is hereby allowed a period of 1
132	year after the effective date of this subsection, or a period of
133	7 years after the initial date of regular maintenance or repair
134	of the road, whichever period is greater, to file a claim in
135	equity or with a court of law against the particular governing
136	authority assuming jurisdiction over such property to cause a
137	cessation of the maintenance and occupation of the property.
138	Such timely filed and adjudicated claim shall prevent the
139	dedication of the road to the public pursuant to subsection (2).
140	Section 2. Subsection (1) of section 255.20, Florida
141	Statutes, is amended to read:
142	255.20 Local bids and contracts for public construction
143	works; specification of state-produced lumber.--
144	(1) A county, municipality, special district as defined in
145	chapter 189, or other political subdivision of the state seeking
146	to construct or improve a public building, structure, or other
147	public construction works must competitively award to an
148	appropriately licensed contractor each project that is estimated
149	in accordance with generally accepted cost-accounting principles
150	to have total construction project costs of more than $200,000.
151	For electrical work, local government must competitively award
152	to an appropriately licensed contractor each project that is
153	estimated in accordance with generally accepted cost-accounting
154	principles to have a cost of more than $50,000. As used in this
155	section, the term "competitively award" means to award contracts
156	based on the submission of sealed bids, proposals submitted in
157	response to a request for proposal, proposals submitted in
158	response to a request for qualifications, or proposals submitted
159	for competitive negotiation. This subsection expressly allows
160	contracts for construction management services, design/build
161	contracts, continuation contracts based on unit prices, and any
162	other contract arrangement with a private sector contractor
163	permitted by any applicable municipal or county ordinance, by
164	district resolution, or by state law. For purposes of this
165	section, construction costs include the cost of all labor,
166	except inmate labor, and include the cost of equipment and
167	materials to be used in the construction of the project. Subject
168	to the provisions of subsection (3), the county, municipality,
169	special district, or other political subdivision may establish,
170	by municipal or county ordinance or special district resolution,
171	procedures for conducting the bidding process.
172	(a) Notwithstanding any other law to the contrary, a
173	county, municipality, special district as defined in chapter
174	189, or other political subdivision of the state seeking to
175	construct or improve bridges, roads, streets, highways, or
176	railroads, and services incidental thereto, in excess of
177	$250,000, may require that persons interested in performing work
178	under contract first be certified or qualified to perform such
179	work. Any contractor may be considered ineligible to bid by the
180	governmental entity if the contractor is behind an approved
181	progress schedule for the governmental entity by 10 percent or
182	more at the time of advertisement of the work. Any contractor
183	prequalified and considered eligible by the Department of
184	Transportation to bid to perform the type of work described
185	under the contract shall be presumed to be qualified to perform
186	the work so described. The governmental entity may provide an
187	appeal process to overcome that presumption with de novo review
188	based on the record below to the circuit court.
189	(b) With respect to contractors not prequalified with the
190	Department of Transportation, the governmental entity shall
191	publish prequalification criteria and procedures prior to
192	advertisement or notice of solicitation. Such publications shall
193	include notice of a public hearing for comment on such criteria
194	and procedures prior to adoption. The procedures shall provide
195	for an appeal process within the authority for objections to the
196	prequalification process with de novo review based on the record
197	below to the circuit court within 30 days.
198	(c)(a)The provisions of this subsection do not apply:
199	1. When the project is undertaken to replace, reconstruct,
200	or repair an existing facility damaged or destroyed by a sudden
201	unexpected turn of events, such as an act of God, riot, fire,
202	flood, accident, or other urgent circumstances, and such damage
203	or destruction creates:
204	a. An immediate danger to the public health or safety;
205	b. Other loss to public or private property which requires
206	emergency government action; or
207	c. An interruption of an essential governmental service.
208	2. When, after notice by publication in accordance with
209	the applicable ordinance or resolution, the governmental entity
210	does not receive any responsive bids or responses.
211	3. To construction, remodeling, repair, or improvement to
212	a public electric or gas utility system when such work on the
213	public utility system is performed by personnel of the system.
214	4. To construction, remodeling, repair, or improvement by
215	a utility commission whose major contracts are to construct and
216	operate a public electric utility system.
217	5. When the project is undertaken as repair or maintenance
218	of an existing public facility.
219	6. When the project is undertaken exclusively as part of a
220	public educational program.
221	7. When the funding source of the project will be
222	diminished or lost because the time required to competitively
223	award the project after the funds become available exceeds the
224	time within which the funding source must be spent.
225	8. When the local government has competitively awarded a
226	project to a private sector contractor and the contractor has
227	abandoned the project before completion or the local government
228	has terminated the contract.
229	9. When the governing board of the local government, after
230	public notice, conducts a public meeting under s. 286.011 and
231	finds by a majority vote of the governing board that it is in
232	the public's best interest to perform the project using its own
233	services, employees, and equipment. The public notice must be
234	published at least 14 days prior to the date of the public
235	meeting at which the governing board takes final action to apply
236	this subparagraph. The notice must identify the project, the
237	estimated cost of the project, and specify that the purpose for
238	the public meeting is to consider whether it is in the public's
239	best interest to perform the project using the local
240	government's own services, employees, and equipment. In deciding
241	whether it is in the public's best interest for local government
242	to perform a project using its own services, employees, and
243	equipment, the governing board may consider the cost of the
244	project, whether the project requires an increase in the number
245	of government employees, an increase in capital expenditures for
246	public facilities, equipment or other capital assets, the impact
247	on local economic development, the impact on small and minority
248	business owners, the impact on state and local tax revenues,
249	whether the private sector contractors provide health insurance
250	and other benefits equivalent to those provided by the local
251	government, and any other factor relevant to what is in the
252	public's best interest.
253	10. When the governing board of the local government
254	determines upon consideration of specific substantive criteria
255	and administrative procedures that it is in the best interest of
256	the local government to award the project to an appropriately
257	licensed private sector contractor according to procedures
258	established by and expressly set forth in a charter, ordinance,
259	or resolution of the local government adopted prior to July 1,
260	1994. The criteria and procedures must be set out in the
261	charter, ordinance, or resolution and must be applied uniformly
262	by the local government to avoid award of any project in an
263	arbitrary or capricious manner. This exception shall apply when
264	all of the following occur:
265	a. When the governing board of the local government, after
266	public notice, conducts a public meeting under s. 286.011 and
267	finds by a two-thirds vote of the governing board that it is in
268	the public's best interest to award the project according to the
269	criteria and procedures established by charter, ordinance, or
270	resolution. The public notice must be published at least 14 days
271	prior to the date of the public meeting at which the governing
272	board takes final action to apply this subparagraph. The notice
273	must identify the project, the estimated cost of the project,
274	and specify that the purpose for the public meeting is to
275	consider whether it is in the public's best interest to award
276	the project using the criteria and procedures permitted by the
277	preexisting ordinance.
278	b. In the event the project is to be awarded by any method
279	other than a competitive selection process, the governing board
280	must find evidence that:
281	(I) There is one appropriately licensed contractor who is
282	uniquely qualified to undertake the project because that
283	contractor is currently under contract to perform work that is
284	affiliated with the project; or
285	(II) The time to competitively award the project will
286	jeopardize the funding for the project, or will materially
287	increase the cost of the project or will create an undue
288	hardship on the public health, safety, or welfare.
289	c. In the event the project is to be awarded by any method
290	other than a competitive selection process, the published notice
291	must clearly specify the ordinance or resolution by which the
292	private sector contractor will be selected and the criteria to
293	be considered.
294	d. In the event the project is to be awarded by a method
295	other than a competitive selection process, the architect or
296	engineer of record has provided a written recommendation that
297	the project be awarded to the private sector contractor without
298	competitive selection; and the consideration by, and the
299	justification of, the government body are documented, in
300	writing, in the project file and are presented to the governing
301	board prior to the approval required in this paragraph.
302	11. To projects subject to chapter 336.
303	(d)(b)1. If the project is to be awarded based on price,
304	the contract must be awarded to the lowest qualified and
305	responsive bidder in accordance with the applicable county or
306	municipal ordinance or district resolution and in accordance
307	with the applicable contract documents. The county,
308	municipality, or special district may reserve the right to
309	reject all bids and to rebid the project or elect not to proceed
310	with the project. This subsection is not intended to restrict
311	the rights of any local government to reject the low bid of a
312	nonqualified or nonresponsive bidder and to award the contract
313	to any other qualified and responsive bidder in accordance with
314	the standards and procedures of any applicable county or
315	municipal ordinance or any resolution of a special district.
316	2. If the project uses a request for proposal or a request
317	for qualifications, the request must be publicly advertised and
318	the contract must be awarded in accordance with the applicable
319	local ordinances.
320	3. If the project is subject to competitive negotiations,
321	the contract must be awarded in accordance with s. 287.055.
322	(e)(c)If a construction project greater than $200,000, or
323	$50,000 for electrical work, is started after October 1, 1999,
324	and is to be performed by a local government using its own
325	employees in a county or municipality that issues registered
326	contractor licenses and the project would require a licensed
327	contractor under chapter 489 if performed by a private sector
328	contractor, the local government must use a person appropriately
329	registered or certified under chapter 489 to supervise the work.
330	(f)(d)If a construction project greater than $200,000, or
331	$50,000 for electrical work, is started after October 1, 1999,
332	and is to be performed by a local government using its own
333	employees in a county that does not issue registered contractor
334	licenses and the project would require a licensed contractor
335	under chapter 489 if performed by a private sector contractor,
336	the local government must use a person appropriately registered
337	or certified under chapter 489 or a person appropriately
338	licensed under chapter 471 to supervise the work.
339	(g)(e)Projects performed by a local government using its
340	own services and employees must be inspected in the same manner
341	as inspections required for work performed by private sector
342	contractors.
343	(h)(f)A construction project provided for in this
344	subsection may not be divided into more than one project for the
345	purpose of evading this subsection.
346	(i)(g)This subsection does not preempt the requirements
347	of any small-business or disadvantaged-business enterprise
348	program or any local-preference ordinance.
349	Section 3. Effective October 1, 2003, section 330.27,
350	Florida Statutes, is amended to read:
351	330.27 Definitions, when used in ss. 330.29-330.36,
352	330.38, 330.39.--
353	(1) "Aircraft" means a powered or unpowered machine or
354	device capable of atmospheric flightany motor vehicle or
355	contrivance now known, or hereafter invented, which is used or
356	designed for navigation of or flight in the air, except a
357	parachute or other such devicecontrivance designed for such
358	navigation butused primarily as safety equipment.
359	(2) "Airport" means anany area of land or water, or any
360	manmade object or facility located thereon, which is used for,
361	or intended to be used for,use, for thelanding and takeoff of
362	aircraft, includingand any appurtenant areas,which are used,
363	or intended for use, for airport buildings,or other airport
364	facilities, or rights-of-way necessary to facilitate such use or
365	intended use, together with all airport buildings and facilities
366	located thereon.
367	(3) "Airport hazard" means any structure, object of
368	natural growth, or use of land which obstructs the airspace
369	required for the flight of aircraft in landing or taking off at
370	an airport or which is otherwise hazardous to such landing or
371	taking off.
372	(4) "Aviation" means the science and art of flight and
373	includes, but is not limited to, transportation by aircraft; the
374	operation, construction, repair, or maintenance of aircraft,
375	aircraft power plants, and accessories, including the repair,
376	packing, and maintenance of parachutes; the design,
377	establishment, construction, extension, operation, improvement,
378	repair, or maintenance of airports or other air navigation
379	facilities; and instruction in flying or ground subjects
380	pertaining thereto.
381	(3)(5)"Department" means the Department of
382	Transportation.
383	(4)(6) "Limited airport" means anyan airport, publicly or
384	privately owned,limited exclusively to the specific conditions
385	stated on the site approval order or license.
386	(7) "Operation of aircraft" or "operate aircraft" means
387	the use, navigation, or piloting of aircraft in the airspace
388	over this state or upon any airport within this state.
389	(8) "Political subdivision" means any county,
390	municipality, district, port or aviation commission or
391	authority, or similar entity authorized to establish or operate
392	an airport in this state.
393	(5)(9)"Private airport" means an airport, publicly or
394	privately owned, which is not open or available for use by the
395	public,used primarily by the licensee but may be madewhich is
396	available to othersfor use by invitation of the owner or
397	manager licensee. Services may be provided if authorized by the
398	department.
399	(6)(10)"Public airport" means an airport, publicly or
400	privately owned, which meets minimum safety and service
401	standards andis open for use by the public.
402	(7)(11) "Temporary airport" means anyan airport, publicly
403	or privately owned, that will be used for a period of less than
404	3090days with no more than 10 operations per day.
405	(8)(12) "Ultralight aircraft" means any heavier-than-air,
406	motorized aircraft meetingwhich meets the criteria for maximum
407	weight, fuel capacity, and airspeed established for such
408	aircraft by the Federal Aviation Administration underPart 103
409	of the Federal Aviation Regulations.
410	Section 4. Effective October 1, 2003, section 330.29,
411	Florida Statutes, is amended to read:
412	330.29 Administration and enforcement; rules; requirements
413	standardsfor airport sites and airports.--It is the duty of the
414	department to:
415	(1) Administer and enforce the provisions of this chapter.
416	(2) Establish requirements for airport site approval,
417	licensure, and registrationminimum standards for airport sites
418	and airports under its licensing jurisdiction.
419	(3) Establish and maintain a state aviation facility data
420	system to facilitate licensing and registration of all airports.
421	(4)(3)Adopt rules pursuant to ss. 120.536(1) and 120.54
422	to implement the provisions of this chapter.
423	Section 5. Effective October 1, 2003, section 330.30,
424	Florida Statutes, is amended to read:
425	330.30 Approval of airport sites; registration and
426	licensurelicensing of airports; fees.--
427	(1) SITE APPROVALS; REQUIREMENTS, FEES,EFFECTIVE PERIOD,
428	REVOCATION.--
429	(a) Except as provided in subsection (3), the owner or
430	lessee of any proposed airport shall, prior to sitethe
431	acquisition of the site or prior to theconstruction or
432	establishment of the proposed airport, obtain approval of the
433	airport site from the department. Applications for approval of a
434	site and for an original license shall be jointly made inona
435	form and manner prescribed by the department and shall be
436	accompanied by a site approval fee of $100. The department,
437	after inspection of the airport site,shall grant the site
438	approval if it is satisfied:
439	1. That the site hasis adequate area allocated for the
440	airport as proposed.airport;
441	2. That the proposed airport, if constructed or
442	established, will conform to licensing or registration
443	requirementsminimum standards of safety and will comply with
444	the applicable local government land development regulations or
445	county or municipal zoning requirements.;
446	3. That all affectednearby airports, local governments
447	municipalities, and property owners have been notified and any
448	comments submitted by them have been given adequate
449	consideration.; and
450	4. That safe air-traffic patterns can be established
451	worked out for the proposed airport withand forall existing
452	airports and approved airport sites in its vicinity.
453	(b) Site approval shall be granted for public airports
454	only after a favorable department inspection of the proposed
455	site.
456	(c) Site approval shall be granted for private airports
457	only after receipt of documentation in a form and manner the
458	department deems necessary to satisfy the conditions in
459	paragraph (a).
460	(d)(b)Site approval may be granted subject to any
461	reasonable conditions which the department deemsmay deem
462	necessary to protect the public health, safety, or welfare.
463	(e)Such Approval shall remain validin effect for a
464	period of 2 years after the date of issueissuance of the site
465	approval order, unless sooner revoked by the department or
466	unless, prior to the expiration of the 2-year period, a public
467	airport license is issued or private airport registration
468	completedfor an airport located on the approved site has been
469	issued pursuant to subsection (2) prior to the expiration date.
470	(f) The department may extend a site approval may be
471	extended for subsequent periods of 2 years per extension fora
472	maximum of 2 years upon good cause shown by the owner or lessee
473	of the airport site.
474	(g)(c) The department may revoke a sitesuchapproval if
475	it determines:
476	1. That there has been an abandonment of the site has been
477	abandonedas an airport site;
478	2. That there has been a failure within a reasonable time
479	to develop the site has not been developed as an airport within
480	a reasonable time period or development does nottocomply with
481	the conditions of the siteapproval;
482	3. That, except as required for in-flight emergencies,the
483	operation of aircraft have operatedof a nonemergency nature has
484	occurredon the site; or
485	4. That, because of changed physical or legal conditions
486	or circumstances, the site is no longer usable for theaviation
487	purposes due to physical or legal changes in conditions that
488	were the subject of thefor which the approval wasgranted.
489	(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
490	RENEWAL, REVOCATION.--
491	(a) Except as provided in subsection (3), the owner or
492	lessee of anyan airport in this state shall have either a
493	public airportmust obtain a license or private airport
494	registration prior to the operation of aircraft to or from the
495	facilityon the airport. An Application for asuch license or
496	registration shall be made inon a form and mannerprescribed by
497	the department and shall be accomplished jointly with an
498	application for site approval. Upon granting site approval:,
499	making a favorable final airport inspection report indicating
500	compliance with all license requirements, and receiving the
501	appropriate license fee, the department shall issue a license to
502	the applicant, subject to any reasonable conditions that the
503	department may deem necessary to protect the public health,
504	safety, or welfare.
505	1. For a public airport, the department shall issue a
506	license after a final airport inspection finds the facility to
507	be in compliance with all requirements for the license. The
508	license may be subject to any reasonable conditions that the
509	department may deem necessary to protect the public health,
510	safety, or welfare.
511	2. For a private airport, the department shall provide
512	controlled electronic access to the state aviation facility data
513	system to permit the applicant to complete the registration
514	process. Registration shall be completed upon self-certification
515	by the registrant of operational and configuration data deemed
516	necessary by the department.
517	(b) The department mayis authorized to license a public
518	an airport that does not meet all of the minimumstandards only
519	if it determines that such exception is justified by unusual
520	circumstances or is in the interest of public convenience and
521	does not endanger the public health, safety, or welfare. Such a
522	license shall bear the designation "special" and shall state the
523	conditions subject to which the license is granted.
524	(c) The department may license a public airport or a
525	private airport may registerauthorize a siteas a temporary
526	airport providedif it finds, after inspection of the site,that
527	the airport will not endanger the public health, safety, or
528	welfare and the airport meets the temporary airport requirements
529	established by the department. A temporary airport license or
530	registration shall be valid for lessSuch authorization shall
531	expire not later than 3090 days after issuanceand is not
532	renewable.
533	(d) The license fees for the four categories of airport
534	licenses are:
535	1. Public airport: $100.
536	2. Private airport: $70.
537	3. Limited airport: $50.
538	4. Temporary airport: $25.
539
540	Airports owned or operated by the state, a county, or a
541	municipality and emergency helistops operated by licensed
542	hospitals are required to be licensed but are exempt from the
543	payment of site approval fees and annual license fees.
544	(d)(e)1. Each public airport license shallwillexpire no
545	later than 1 year after the effective date of the license,
546	except that the expiration date of a license may be adjusted to
547	provide a maximum license period of 18 months to facilitate
548	airport inspections, recognize seasonal airport operations, or
549	improve administrative efficiency. If the expiration date for a
550	public airport is adjusted, the appropriate license fee shall be
551	determined by prorating the annual fee based on the length of
552	the adjusted license period.
553	2. RegistrationThe license period for privateall
554	airports shall remain valid provided specific elements of
555	airport data, established by the department, are periodically
556	recertified by the airport registrant. The ability to recertify
557	private airport registration data shall be available at all
558	times by electronic submittal. A private airport registration
559	that has not been recertified in the 24-month period following
560	the last certification shall expire, unless the registration
561	period has been adjusted by the department for purposes of
562	informing private airport owners of their registration
563	responsibilities or promoting administrative efficiency. The
564	expiration date of the current registration period will be
565	clearly identifiable from the state aviation facility data
566	systemother than public airports will be set by the department,
567	but shall not exceed a period of 5 years. In determining the
568	license period for such airports, the department shall consider
569	the number of based aircraft, the airport location relative to
570	adjacent land uses and other airports, and any other factors
571	deemed by the department to be critical to airport operation and
572	safety.
573	3. The effective date and expiration date shall be shown
574	on public airport licensesstated on the face of the license.
575	Upon receiving an application for renewal of an airporta
576	license inon a form and manner prescribed by the department and
577	receiving, makinga favorable inspection report indicating
578	compliance with all applicable requirements and conditions, and
579	receiving the appropriate annual license fee, the department
580	shall renew the license, subject to any conditions deemed
581	necessary to protect the public health, safety, or welfare.
582	4. The department may require a new site approval for any
583	an airport if the license or registrationof the airport has
584	expirednot been renewed by the expiration date.
585	5. If the renewal application for a public airport license
586	hasand fees have not been received by the department or no
587	private airport registration recertification has been
588	accomplished within 15 days after the date of expiration of the
589	license, the department may revokeclose the airport license or
590	registration.
591	(e)(f) The department may revoke, or refuse to allow or
592	issue, any airport registration or recertification, or any
593	license or license renewal thereof, or refuse to issue a
594	renewal, if it determines:
595	1. That the sitethere has been abandoned as an
596	abandonment of the airport as such;
597	2. That the airport does notthere has been a failure to
598	comply with the conditions of the license, licenseor renewal,
599	or site approvalthereof; or
600	3. That, because of changed physical or legal conditions
601	or circumstances,the airport has become either unsafe or
602	unusable for flight operation due to physical or legal changes
603	in conditions that were the subject of approvalthe aeronautical
604	purposes for which the license or renewal was issued.
605	(3) EXEMPTIONS.--The provisions of this section do not
606	apply to:
607	(a) An airport owned or operated by the United States.
608	(b) An ultralight aircraft landing area; except that any
609	public ultralight airport located more thanwithin5 nautical
610	miles from aof another public airport or military airport,
611	exceptorany ultralight landing area with more than 10
612	ultralight aircraft operating atfrom the site is subject to the
613	provisions of this section.
614	(c) A helistop used solely in conjunction with a
615	construction project undertaken pursuant to the performance of a
616	state contract if the purpose of the helicopter operations at
617	the site is to expedite construction.
618	(d) An airport under the jurisdiction or control of a
619	county or municipal aviation authority or a county or municipal
620	port authority or the Florida Space Authority; however, the
621	department shall license any such airport if such authority does
622	not elect to exercise its exemption under this subsection.
623	(d)(e)A helistop used by mosquito control or emergency
624	services, not to include areas where permanent facilities are
625	installed, such as hospital landing sites.
626	(e)(f)An airport which meets the criteria of s.
627	330.27(7)(11)used exclusively for aerial application or
628	spraying of crops on a seasonal basis, not to include any
629	licensed airport where permanent crop aerial application or
630	spraying facilities are installed, if the period of operation
631	does not exceed 30 days per calendar year. Such proposed
632	airports, which will be located within 3 miles of existing
633	airports or approved airport sites, shall establishwork out
634	safe air-traffic patterns with such existing airports or
635	approved airport sites, by memorandums of understanding, or by
636	letters of agreement between the parties representing the
637	airports or sites.
638	(f) Navigable waterways used for the takeoff and landing
639	of aircraft, including any land, building, structure, or any
640	other contrivance that facilitates private use or intended
641	private use.
642	(4) EXCEPTIONS.--Private airports with 10 or more based
643	aircraft may request to be inspected and licensed by the
644	department. Private airports licensed according to this
645	subsection shall be considered private airports as defined in s.
646	330.27(5) in all other respects.
647	Section 6. Effective October 1, 2003, subsections (2) and
648	(3) of section 330.35, Florida Statutes, are amended to read:
649	330.35 Airport zoning, approach zoneprotection.--
650	(2) Airports licensed for generalpublic use under the
651	provisions of s. 330.30 are eligible for airport zoningapproach
652	zone protection, and the procedure shall be the same as is
653	prescribed in chapter 333.
654	(3) The department is granted all powers conferred upon
655	political subdivisions of this state by chapter 333 to regulate
656	airport hazards at state-owned publicairports. The procedure
657	shall be to form a joint zoning board with the political
658	subdivision of the state in which the state-owned publicairport
659	is located as prescribed in chapter 333.
660	Section 7. Subsection (8) of section 332.007, Florida
661	Statutes, is amended to read:
662	332.007 Administration and financing of aviation and
663	airport programs and projects; state plan.--
664	(8) Notwithstanding any other provision of law to the
665	contrary, the department is authorized to provide operational
666	and maintenance assistance to publicly owned public-use
667	airports. Such assistance shall be to comply with enhanced
668	federal security requirements or to address related economic
669	impacts from the events of September 11, 2001. For projects in
670	the current adopted work program, or projects added using the
671	available budget of the department, airports may request the
672	department change the project purpose in accordance with this
673	provision notwithstanding the provisions of s. 339.135(7). For
674	purposes of this subsection, the department may fund up to 100
675	percent of eligible project costs that are not funded by the
676	Federal Government. Prior to releasing any funds under this
677	section, the department shall review and approve the expenditure
678	plans submitted by the airport. The department shall inform the
679	Legislature of any change that it approves under this
680	subsection. This subsection shall expire on June 30, 20072004.
681	Section 8. Subsection (4) is added to section 335.02,
682	Florida Statutes, to read:
683	335.02 Authority to designate transportation facilities
684	and rights-of-way and establish lanes; procedure for
685	redesignation and relocation.--
686	(4) Notwithstanding any general law or special act,
687	regulations of any county, municipality, or special district,
688	including any instrumentality thereof, shall not apply to
689	existing or future transportation facilities, or appurtenances
690	thereto, on the State Highway System.
691	Section 9. Section 336.467, Florida Statutes, is amended
692	to read:
693	336.467 County-state right-of-way acquisition
694	agreements.--A county or other governmental entitymay enter
695	into an agreement with the department to provide for the
696	department to acquire rights-of-way for the county or other
697	governmental entity, provided the highway project is to be
698	funded by the 80-percent portion of the constitutional gas tax
699	allocated to that county and requires the acquisition of at
700	least 10 parcels of land, the total cost of which will equal or
701	exceed $100,000.
702	Section 10. Subsections (1), (4), and (7) of section
703	337.14, Florida Statutes, are amended to read:
704	337.14 Application for qualification; certificate of
705	qualification; restrictions; request for hearing.--
706	(1) Any person desiring to bid for the performance of any
707	construction contract in excess of $250,000 which the department
708	proposes to let must first be certified by the department as
709	qualified pursuant to this section and rules of the department.
710	The rules of the department shall address the qualification of
711	persons to bid on construction contracts in excess of $250,000
712	and shall include requirements with respect to the equipment,
713	past record, experience, financial resources, and organizational
714	personnel of the applicant necessary to perform the specific
715	class of work for which the person seeks certification. The
716	department is authorized to limit the dollar amount of any
717	contract upon which a person is qualified to bid or the
718	aggregate total dollar volume of contracts such person is
719	allowed to have under contract at any one time. Each applicant
720	seeking qualification to bid on construction contracts in excess
721	of $250,000 shall furnish the department a statement under oath,
722	on such forms as the department may prescribe, setting forth
723	detailed information as required on the application. Each
724	application for certification shall be accompanied by the latest
725	annual financial statement of the applicant completed within the
726	last 12 months. If the annual financial statement shows the
727	financial condition of the applicant more than 4 months prior to
728	the date on which the application is received by the department,
729	then an interim financial statement must also be submitted. The
730	interim financial statement must cover the period from the end
731	date of the annual statement and must show the financial
732	condition of the applicant no more than 4 months prior to the
733	date on which the application is received by the department.
734	Each required annual or interim financial statement must be
735	audited and accompanied by the opinion of a certified public
736	accountant or a public accountant approved by the department.
737	The information required by this subsection is confidential and
738	exempt from the provisions of s. 119.07(1). The department shall
739	act upon the application for qualification within 30 days after
740	the department determines that the application is completeit is
741	presented.
742	(4) If the applicant is found to possess the prescribed
743	qualifications, the department shall issue to him or her a
744	certificate of qualification that, unless thereafter revoked by
745	the department for good cause, will be valid for a period of 18
746	months after the date of the applicant's financial statement or
747	such shorter period as the department prescribes. Submission of
748	an application shall not affect expiration of the certificate of
749	qualification.If the department finds that an application is
750	incomplete or contains inadequate information or information
751	that cannot be verified, the department may request in writing
752	that the applicant provide the necessary information to complete
753	the application or provide the source from which any information
754	in the application may be verified. If the applicant fails to
755	comply with the initial written request within a reasonable
756	period of time as specified therein, the department shall
757	request the information a second time. If the applicant fails to
758	comply with the second request within a reasonable period of
759	time as specified therein, the application shall be denied.
760	(7) No "contractor" as defined in s. 337.165(1)(d) or his
761	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
762	the department under this section may also qualify under s.
763	287.055 or s. 337.105 to provide testing services or
764	construction, engineering, and inspection services to the
765	department. This limitation shall not apply to any design-build
766	prequalification under s. 337.11(7).
767	Section 11. Subsection (4) of section 337.18, Florida
768	Statutes, is amended to read:
769	337.18 Surety bonds; requirement with respect to contract
770	award; defaults; damage assessments.--
771	(4)(a) If the department determines and adequately
772	documents that the timely completion of any project will provide
773	a substantial benefit to the public health, safety, or welfare;
774	will limit the disruptive effect of construction on the
775	community; or is cost beneficial on a revenue-producing project,
776	the contract for such project may provide for an incentive
777	payment payable to the contractor for early completion of the
778	project or critical phases of the work and for additional
779	damages to be assessed against the contractor for the completion
780	of the project or critical phases of the work in excess of the
781	time specified. All contracts containing such provisions shall
782	be approved by the head of the department or his or her
783	designee. The amount of such incentive payment or such
784	additional damages shall be established in the contract based on
785	an analysis of the cost savings to the traveling public or
786	revenue projections for a revenue producing projectbut shall
787	not exceed $10,000 per calendar day, except that for revenue
788	producing projects the amounts and periods of the incentive may
789	be greater if an analysis indicates that additional revenues
790	projected to be received upon completion of the project will
791	exceed the cost of the incentive payments. Any liquidated
792	damages provided for under subsection (2) and any additional
793	damages provided for under this subsection shall be payable to
794	the department because of the contractor's failure to complete
795	the contract work within the time stipulated in the contract or
796	within such additional time as may have been granted by the
797	department.
798	(b) The department shall adopt rules to implement this
799	subsection. Such rules shall include procedures and criteria for
800	the selection of projects on which incentive payments and
801	additional damages may be provided for by contract.
802	Section 12. Subsection (1) of section 337.401, Florida
803	Statutes, is amended to read:
804	337.401 Use of right-of-way for utilities subject to
805	regulation; permit; fees.--
806	(1) The department and local governmental entities,
807	referred to in ss. 337.401-337.404 as the "authority," that have
808	jurisdiction and control of public roads or publicly owned rail
809	corridors are authorized to prescribe and enforce reasonable
810	rules or regulations with reference to the placing and
811	maintaining along, across, or on any road or publicly owned rail
812	corridors under their respective jurisdictions any electric
813	transmission, telephone, telegraph, or other communications
814	services lines; pole lines; poles; railways; ditches; sewers;
815	water, heat, or gas mains; pipelines; fences; gasoline tanks and
816	pumps; or other structures hereinafter referred to as the
817	"utility." The department may enter into a permit-delegation
818	agreement with a governmental entity if issuance of a permit is
819	based on requirements that the department finds will ensure the
820	safety and integrity of facilities of the Department of
821	Transportation.
822	Section 13. Paragraph (b) of subsection (1) of section
823	338.2216, Florida Statutes, is amended to read:
824	338.2216 Florida Turnpike Enterprise; powers and
825	authority.--
826	(1)
827	(b) It is the express intention of this part thatThe
828	Florida Turnpike Enterprise isbeauthorized to plan, develop,
829	own, purchase, lease, or otherwise acquire, demolish, construct,
830	improve, relocate, equip, repair, maintain, operate, and manage
831	the Florida Turnpike System; to expend funds to publicize,
832	advertise, and promote the advantages of using the turnpike
833	system and its facilities; and to cooperate, coordinate,
834	partner, and contract with other entities, public and private,
835	to accomplish these purposes.
836	Section 14. Cesar Calas Way designated; department to
837	erect suitable markers.--
838	(1) That portion of 8th Street between S.W. 58th Avenue
839	and S.W. 60th Avenue in Miami-Dade County is hereby designated
840	as "Cesar Calas Way."
841	(2) The Department of Transportation is directed to erect
842	suitable markers designating Cesar Calas Way as described in
843	subsection (1).
844	Section 15. Firpo Garcia Way designated; department to
845	erect suitable markers.--
846	(1) That portion of Kendall Drive between 127th Avenue and
847	130th Avenue in unincorporated Miami-Dade County is hereby
848	designated as "Firpo Garcia Way."
849	(2) The Department of Transportation is directed to erect
850	suitable markers designating Firpo Garcia Way as described in
851	subsection (1).
852	Section 16. Private Robert M. McTureous, Jr., U.S.M.C.,
853	Medal of Honor Memorial Highway designated; department to erect
854	suitable markers.--
855	(1) That portion of State Road 19 in Lake County from
856	the north end of Lake County to the intersection of State Road
857	19 and Highway 441 in Eustis is hereby designated as "Private
858	Robert M. McTureous, Jr., U.S.M.C., Medal of Honor Memorial
859	Highway."
860	(2) The Department of Transportation is directed to
861	erect suitable markers designating the Private Robert M.
862	McTureous, Jr., U.S.M.C., Medal of Honor Memorial Highway as
863	described in subsection (1).
864	Section 17. Subsection (10) of section 339.12, Florida
865	Statutes, as created by section 83 of chapter 2002-20, Laws of
866	Florida, and amended by section 58 of chapter 2002-402, Laws of
867	Florida, is repealed.
868	Section 18. Except as otherwise provided herein, this act
869	shall take effect upon becoming a law.