HB 1605 2003
1	CHAMBER ACTION
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6	The Committee on Appropriations 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; amending ss. 20.23 and
12	110.205, F.S.; providing for the reorganization of the
13	Department of Transportation; revising duties of the
14	assistant secretaries; providing for additional offices;
15	amending s. 95.361, F.S.; providing for government
16	acquisition of certain roads; providing procedures to
17	contest such acquisition; amending s. 255.20, F.S.;
18	providing for a presumption of prequalification for
19	certain contractors; amending s. 316.1001, F.S.; providing
20	for issuing citations for toll violations by first class
21	mail; providing that mailing constitutes notification of
22	such a violation; amending s. 316.302, F.S.; revising
23	provisions for exemption from specified notification
24	requirements for commercial motor vehicles carrying
25	hazardous materials; incorporating specified federal
26	regulations; updating regulations and rules applicable to
27	certain commercial motor vehicle owners and drivers;
28	specifying ownership identification requirements for
29	certain commercial motor carriers; providing penalties for
30	violation of such requirements; providing for compliance
31	reviews; deleting obsolete references; requirements for
32	identifying commercial vehicles; authorizing the
33	department to conduct compliance reviews; amending s.
34	316.3025, F.S.; conforming references; providing for a
35	civil penalty to be assessed for additional specified
36	violations; providing penalties for commercial trucks
37	found to be operating following an out-of-service order;
38	amending s. 316.3026, F.S.; providing for the Office of
39	Motor Carrier Compliance to enforce laws governing the
40	operating authority of motor carriers; repealing s.
41	316.3027, F.S., relating to identification requirements of
42	commercial vehicles; amending s. 316.515, F.S.; revising
43	length limitations for certain commercial vehicles;
44	amending s. 316.545, F.S.; providing for placement of a
45	lien on a vehicle for failure to pay an out-of-service
46	fine; deleting obsolete provisions; authorizing weight
47	inspectors to detain a commercial vehicle under certain
48	circumstances; repealing s. 316.610(3), F.S., relating to
49	a commercial vehicle inspection program within the
50	department which no longer exists; amending s. 316.640,
51	F.S.; providing for authorization of traffic accident
52	investigation officers; amending s. 316.650, F.S.;
53	authorizing the transfer of toll violation citations via
54	electronic means; amending s. 316.70, F.S.; authorizing
55	the department to conduct compliance reviews of nonpublic
56	sector buses; amending s. 318.14, F.S.; revising the time
57	period for paying certain civil penalties; amending s.
58	330.27, F.S.; revising definitions; amending s. 330.29,
59	F.S.; revising duties of the Department of Transportation
60	with respect to the regulation of airport sites and
61	airports; requiring the department to establish
62	requirements for airport site approval, licensure, and
63	registration; requiring the department to establish and
64	maintain a state aviation facility data system; amending
65	s. 330.30, F.S.; revising provisions for airport site
66	approval; revising provisions for airport licensing;
67	providing for a private airport registration process;
68	specifying requirements for such licensing and
69	registration; deleting airport license fees; providing for
70	expiration and revocation of such license or registration;
71	revising provisions for exemption from such registration
72	and licensing requirements; exempting described areas and
73	facilities from such requirements; providing described
74	private airports the option to be inspected and licensed
75	by the department; amending s. 330.35, F.S.; revising
76	provisions for airport zoning protection for public-use
77	airports; amending s. 330.36, F.S.; providing for zoning
78	requirements governing the landing of seaplanes; amending
79	s. 332.007, F.S.; extending time period of the
80	department's authorization to fund certain security-
81	related airport projects; amending s. 334.03, F.S.;
82	defining "511 services" and "interactive voice response";
83	amending s. 334.044, F.S.; expanding the powers and duties
84	of the department to include oversight of traveler
85	information systems; amending s. 334.071, F.S.; requiring
86	local government approval of any proposed road or bridge
87	honorary designation; amending s. 334.14, F.S.; revising
88	the qualifications required for engineers employed by the
89	department; creating s. 334.60, F.S.; requiring the
90	department to be the lead agency in establishing and
91	coordinating a 511 traveler information phone system;
92	amending s. 335.02, F.S.; providing that local government
93	regulations shall not apply to transportation facilities
94	on the State Highway System; amending s. 336.467, F.S.;
95	authorizing the department to acquire rights-of-way for
96	other governmental entities; amending s. 337.11, F.S.;
97	exempting the Department of Transportation from fees
98	imposed for Internet procurement systems; amending s.
99	337.14, F.S.; clarifying the contractor prequalification
100	process; prohibiting a construction contractor from
101	providing testing services; amending s. 337.18, F.S.;
102	clarifying that surety bonds issued in favor of the
103	department for construction and maintenance projects over
104	a specified amount are governed by chapter 337, F.S.;
105	removing certain limitations on contractor incentive
106	payments; amending s. 337.401, F.S.; allowing the
107	department under described circumstances to enter into
108	permit-delegation agreements with other governmental
109	entities for issuance of permit to use certain rights-of-
110	way; amending s. 338.165, F.S.; authorizing the Division
111	of Bond Finance to issue bonds at the department's request
112	for certain facilities; amending s. 338.2216, F.S.;
113	deleting an incorrect reference; amending s. 338.235,
114	F.S.; authorizing the turnpike authority to secure
115	products, business opportunities, and services by
116	competitive solicitation; creating s. 339.61, F.S.;
117	providing legislative findings; creating s. 339.62, F.S.;
118	providing the components of the Florida Strategic
119	Intermodal System; creating s. 339.63, F.S.; designating
120	system facilities; creating s. 339.64, F.S.; providing for
121	the Strategic Intermodal System Plan; creating s.
122	339.1372, F.S.; redirecting use of Transportation Outreach
123	Program funds; specifying project criteria and
124	solicitation process; creating the Statewide Intermodal
125	Transportation Advisory Council; specifying membership,
126	responsibilities, and purpose; creating s. 341.0532, F.S.;
127	designating statewide transportation corridors; amending
128	s. 339.08, F.S.; revising provisions for the use of funds
129	in the State Transportation Trust Fund; amending s.
130	339.1371, F.S.; deleting reference to the Transportation
131	Outreach Program; repealing s. 339.137, F.S., the
132	Transportation Outreach Program; repealing s. 339.12(10),
133	F.S., relating to aid and contributions by governmental
134	entities for department projects; creating s. 348.7546,
135	F.S.; providing toll exemption for certain funeral
136	processions using Orlando-Orange County Expressway
137	Authority facilities; providing effective dates.
138
139	Be It Enacted by the Legislature of the State of Florida:
140
141	Section 1. Section 20.23, Florida Statutes, is amended to
142	read:
143	20.23 Department of Transportation.--There is created a
144	Department of Transportation which shall be a decentralized
145	agency.
146	(1)(a)1.The head of the Department of Transportation is
147	the Secretary of Transportation. The secretary shall be
148	appointed by the Governor from among three persons nominated by
149	the Florida Transportation Commission and shall be subject to
150	confirmation by the Senate. The secretary shall serve at the
151	pleasure of the Governor.
152	(b)2.The secretary shall be a proven, effective
153	administrator who by a combination of education and experience
154	shall clearly possess a broad knowledge of the administrative,
155	financial, and technical aspects of the development, operation,
156	and regulation of transportation systems and facilities or
157	comparable systems and facilities.
158	(b)1. The secretary shall employ all personnel of the
159	department. He or she shall implement all laws, rules,
160	policies, and procedures applicable to the operation of the
161	department and may not by his or her actions disregard or act in
162	a manner contrary to any such policy. The secretary shall
163	represent the department in its dealings with other state
164	agencies, local governments, special districts, and the Federal
165	Government. He or she shall have authority to sign and execute
166	all documents and papers necessary to carry out his or her
167	duties and the operations of the department. At each meeting of
168	the Florida Transportation Commission, the secretary shall
169	submit a report of major actions taken by him or her as official
170	representative of the department.
171	2. The secretary shall cause the annual department budget
172	request, the Florida Transportation Plan, and the tentative work
173	program to be prepared in accordance with all applicable laws
174	and departmental policies and shall submit the budget, plan, and
175	program to the Florida Transportation Commission. The commission
176	shall perform an in-depth evaluation of the budget, plan, and
177	program for compliance with all applicable laws and departmental
178	policies. If the commission determines that the budget, plan,
179	or program is not in compliance with all applicable laws and
180	departmental policies, it shall report its findings and
181	recommendations regarding such noncompliance to the Legislature
182	and the Governor.
183	(c)3.The secretary shall provide to the Florida
184	Transportation Commission or its staff, such assistance,
185	information, and documents as are requested by the commission or
186	its staff to enable the commission to fulfill its duties and
187	responsibilities.
188	(d)(c) The secretary shall appoint twothreeassistant
189	secretaries who shall be directly responsible to the secretary
190	and who shall perform such duties as are specified in this
191	section and such other dutiesas are assigned by the secretary.
192	The secretary may delegate to any assistant secretary the
193	authority to act in the absence of the secretary. The department
194	has the authority to adopt rules necessary for the delegation of
195	authority beyond the assistant secretaries. The assistant
196	secretaries shall serve at the pleasure of the secretary.
197	(e)(d)Any secretary appointed after July 5, 1989, and the
198	assistant secretaries shall be exempt from the provisions of
199	part III of chapter 110 and shall receive compensation
200	commensurate with their qualifications and competitive with
201	compensation for comparable responsibility in the private
202	sector. When the salary of any assistant secretary exceeds the
203	limits established in part III of chapter 110, the Governor
204	shall approve said salary.
205	(2)(a)1. The Florida Transportation Commission is hereby
206	created and shall consist of nine members appointed by the
207	Governor subject to confirmation by the Senate. Members of the
208	commission shall serve terms of 4 years each.
209	2. Members shall be appointed in such a manner as to
210	equitably represent all geographic areas of the state. Each
211	member must be a registered voter and a citizen of the state.
212	Each member of the commission must also possess business
213	managerial experience in the private sector.
214	3. A member of the commission shall represent the
215	transportation needs of the state as a whole and may not
216	subordinate the needs of the state to those of any particular
217	area of the state.
218	4. The commission is assigned to the Office of the
219	Secretary of the Department of Transportation for administrative
220	and fiscal accountability purposes, but it shall otherwise
221	function independently of the control and direction of the
222	department.
223	(b) The commission shall have the primary functions to:
224	1. Recommend major transportation policies for the
225	Governor's approval, and assure that approved policies and any
226	revisions thereto are properly executed.
227	2. Periodically review the status of the state
228	transportation system including highway, transit, rail, seaport,
229	intermodal development, and aviation components of the system
230	and recommend improvements therein to the Governor and the
231	Legislature.
232	3. Perform an in-depth evaluation of the annual department
233	budget request, the Florida Transportation Plan, and the
234	tentative work program for compliance with all applicable laws
235	and established departmental policies. Except as specifically
236	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
237	not consider individual construction projects, but shall
238	consider methods of accomplishing the goals of the department in
239	the most effective, efficient, and businesslike manner.
240	4. Monitor the financial status of the department on a
241	regular basis to assure that the department is managing revenue
242	and bond proceeds responsibly and in accordance with law and
243	established policy.
244	5. Monitor on at least a quarterly basis, the efficiency,
245	productivity, and management of the department, using
246	performance and production standards developed by the commission
247	pursuant to s. 334.045.
248	6. Perform an in-depth evaluation of the factors causing
249	disruption of project schedules in the adopted work program and
250	recommend to the Legislature and the Governor methods to
251	eliminate or reduce the disruptive effects of these factors.
252	7. Recommend to the Governor and the Legislature
253	improvements to the department's organization in order to
254	streamline and optimize the efficiency of the department. In
255	reviewing the department's organization, the commission shall
256	determine if the current district organizational structure is
257	responsive to Florida's changing economic and demographic
258	development patterns. The initial report by the commission must
259	be delivered to the Governor and Legislature by December 15,
260	2000, and each year thereafter, as appropriate. The commission
261	may retain such experts as are reasonably necessary to
262	effectuate this subparagraph, and the department shall pay the
263	expenses of such experts.
264	(c) The commission or a member thereof may not enter into
265	the day-to-day operation of the department and is specifically
266	prohibited from taking part in:
267	1. The awarding of contracts.
268	2. The selection of a consultant or contractor or the
269	prequalification of any individual consultant or contractor.
270	However, the commission may recommend to the secretary standards
271	and policies governing the procedure for selection and
272	prequalification of consultants and contractors.
273	3. The selection of a route for a specific project.
274	4. The specific location of a transportation facility.
275	5. The acquisition of rights-of-way.
276	6. The employment, promotion, demotion, suspension,
277	transfer, or discharge of any department personnel.
278	7. The granting, denial, suspension, or revocation of any
279	license or permit issued by the department.
280	(d)1. The chair of the commission shall be selected by the
281	commission members and shall serve a 1-year term.
282	2. The commission shall hold a minimum of 4 regular
283	meetings annually, and other meetings may be called by the chair
284	upon giving at least 1 week's notice to all members and the
285	public pursuant to chapter 120. Other meetings may also be held
286	upon the written request of at least four other members of the
287	commission, with at least 1 week's notice of such meeting being
288	given to all members and the public by the chair pursuant to
289	chapter 120. Emergency meetings may be held without notice upon
290	the request of all members of the commission. At each meeting of
291	the commission, the secretary or his or her designee shall
292	submit a report of major actions taken by him or her as the
293	official representative of the department.
294	3. A majority of the membership of the commission
295	constitutes a quorum at any meeting of the commission. An
296	action of the commission is not binding unless the action is
297	taken pursuant to an affirmative vote of a majority of the
298	members present, but not fewer than four members of the
299	commission at a meeting held pursuant to subparagraph 2., and
300	the vote is recorded in the minutes of that meeting.
301	4. The chair shall cause to be made a complete record of
302	the proceedings of the commission, which record shall be open
303	for public inspection.
304	(e) The meetings of the commission shall be held in the
305	central office of the department in Tallahassee unless the chair
306	determines that special circumstances warrant meeting at another
307	location.
308	(f) Members of the commission are entitled to per diem and
309	travel expenses pursuant to s. 112.061.
310	(g) A member of the commission may not have any interest,
311	direct or indirect, in any contract, franchise, privilege, or
312	other benefit granted or awarded by the department during the
313	term of his or her appointment and for 2 years after the
314	termination of such appointment.
315	(h) The commission shall appoint an executive director and
316	assistant executive director, who shall serve under the
317	direction, supervision, and control of the commission. The
318	executive director, with the consent of the commission, shall
319	employ such staff as are necessary to perform adequately the
320	functions of the commission, within budgetary limitations. All
321	employees of the commission are exempt from part II of chapter
322	110 and shall serve at the pleasure of the commission. The
323	salaries and benefits of all employees of the commission shall
324	be set in accordance with the Selected Exempt Service; provided,
325	however, that the commission shall have complete authority for
326	fixing the salary of the executive director and assistant
327	executive director.
328	(i) The commission shall develop a budget pursuant to
329	chapter 216. The budget is not subject to change by the
330	department, but such budget shall be submitted to the Governor
331	along with the budget of the department.
332	(3)(a) The central office shall establish departmental
333	policies, rules, procedures, and standards and shall monitor the
334	implementation of such policies, rules, procedures, and
335	standards in order to ensure uniform compliance and quality
336	performance by the districts and central office units that
337	implement transportation programs. Major transportation policy
338	initiatives or revisions shall be submitted to the commission
339	for review. The central office monitoring function shall be
340	based on a plan that clearly specifies what areas will be
341	monitored, activities and criteria used to measure compliance,
342	and a feedback process that assures monitoring findings are
343	reported and deficiencies corrected. The secretary is
344	responsible for ensuring that a central office monitoring
345	function is implemented, and that it functions properly. In
346	conjunction with its monitoring function, the central office
347	shall provide such training and administrative support to the
348	districts as the department determines to be necessary to ensure
349	that the department's programs are carried out in the most
350	efficient and effective manner.
351	(b) The resources necessary to ensure the efficiency,
352	effectiveness, and quality of performance by the department of
353	its statutory responsibilities shall be allocated to the central
354	office.
355	(b)(c)The secretary shall appoint an Assistant Secretary
356	for Transportation Development and Operations andPolicy,an
357	Assistant Secretary for Transportation Support.Finance and
358	Administration, and an Assistant Secretary for District
359	Operations, each of whom shall serve at the pleasure of the
360	secretary. The positions are responsible for developing,
361	monitoring, and enforcing policy and managing major technical
362	programs. The responsibilities and duties of these positions
363	include, but are not limited to, the following functional areas:
364	1. Assistant Secretary for Transportation Policy.--
365	a. Development of the Florida Transportation Plan and
366	other policy planning;
367	b. Development of statewide modal systems plans, including
368	public transportation systems;
369	c. Design of transportation facilities;
370	d. Construction of transportation facilities;
371	e. Acquisition and management of transportation rights-of-
372	way; and
373	f. Administration of motor carrier compliance and safety.
374	2. Assistant Secretary for District Operations.--
375	a. Administration of the eight districts; and
376	b. Implementation of the decentralization of the
377	department.
378	3. Assistant Secretary for Finance and Administration.--
379	a. Financial planning and management;
380	b. Information systems;
381	c. Accounting systems;
382	d. Administrative functions; and
383	e. Administration of toll operations.
384	(d)1. Policy, program, or operations offices shall be
385	established within the central office for the purposes of:
386	a. Developing policy and procedures and monitoring
387	performance to ensure compliance with these policies and
388	procedures;
389	b. Performing statewide activities which it is more cost-
390	effective to perform in a central location;
391	c. Assessing and ensuring the accuracy of information
392	within the department's financial management information
393	systems; and
394	d. Performing other activities of a statewide nature.
395	(c)2.The following offices are established and shall be
396	headed by a manager, each of whom shall be appointed by and
397	serve at the pleasure of the secretary. The positions shall be
398	classified at a level equal to a division director:
399	1.a.The Office of Administration;
400	2.b. The Office of Policy Planning and Environmental
401	Management;
402	3.c.The Office of Design;
403	4.d.The Office of Highway Operations;
404	5.e.The Office of Right-of-Way;
405	6.f.The Office of Toll Operations;
406	7.g. The Office of Information Systems; and
407	8.h. The Office of Motor Carrier Compliance;.
408	9. The Office of Management and Budget;
409	10. The Office of Comptroller;
410	11. The Office of Construction;
411	12. The Office of Maintenance; and
412	13. The Office of Materials.
413	(d)3.Other offices may be established in accordance with
414	s. 20.04(7). The heads of such offices are exempt from part II
415	of chapter 110. No office or organization shall be created at a
416	level equal to or higher than a division without specific
417	legislative authority.
418	4. During the construction of a major transportation
419	improvement project or as determined by the district secretary,
420	the department may provide assistance to a business entity
421	significantly impacted by the project if the entity is a for-
422	profit entity that has been in business for 3 years prior to the
423	beginning of construction and has direct or shared access to the
424	transportation project being constructed. The assistance program
425	shall be in the form of additional guarantees to assist the
426	impacted business entity in receiving loans pursuant to Title 13
427	C.F.R. part 120. However, in no instance shall the combined
428	guarantees be greater than 90 percent of the loan. The
429	department shall adopt rules to implement this subparagraph.
430	(e) The Assistant Secretary for Finance and Administration
431	must possess a broad knowledge of the administrative, financial,
432	and technical aspects of a complete cost-accounting system,
433	budget preparation and management, and management information
434	systems. The Assistant Secretary for Finance and Administration
435	must be a proven, effective manager with specialized skills in
436	financial planning and management. The Assistant Secretary for
437	Finance and Administration shall ensure that financial
438	information is processed in a timely, accurate, and complete
439	manner.
440	(f)1. Within the central office there is created an Office
441	of Management and Budget. The head of the Office of Management
442	and Budget is responsible to the Assistant Secretary for Finance
443	and Administration and is exempt from part II of chapter 110.
444	2. The functions of the Office of Management and Budget
445	include, but are not limited to:
446	a. Preparation of the work program;
447	b. Preparation of the departmental budget; and
448	c. Coordination of related policies and procedures.
449	3. The Office of Management and Budget shall also be
450	responsible for developing uniform implementation and monitoring
451	procedures for all activities performed at the district level
452	involving the budget and the work program.
453	(e)(g) The secretary shallmayappoint an inspector
454	general pursuant to s. 20.055who shall be directly responsible
455	to the secretary and shall serve at the pleasure of the
456	secretary.
457	(h)1. The secretary shall appoint an inspector general
458	pursuant to s. 20.055. The inspector general may be
459	organizationally located within another unit of the department
460	for administrative purposes, but shall function independently
461	and be directly responsible to the secretary pursuant to s.
462	20.055. The duties of the inspector general shall include, but
463	are not restricted to, reviewing, evaluating, and reporting on
464	the policies, plans, procedures, and accounting, financial, and
465	other operations of the department and recommending changes for
466	the improvement thereof, as well as performing audits of
467	contracts and agreements between the department and private
468	entities or other governmental entities. The inspector general
469	shall give priority to reviewing major parts of the department's
470	accounting system and central office monitoring function to
471	determine whether such systems effectively ensure accountability
472	and compliance with all laws, rules, policies, and procedures
473	applicable to the operation of the department. The inspector
474	general shall also give priority to assessing the department's
475	management information systems as required by s. 282.318. The
476	internal audit function shall use the necessary expertise, in
477	particular, engineering, financial, and property appraising
478	expertise, to independently evaluate the technical aspects of
479	the department's operations. The inspector general shall have
480	access at all times to any personnel, records, data, or other
481	information of the department and shall determine the methods
482	and procedures necessary to carry out his or her duties. The
483	inspector general is responsible for audits of departmental
484	operations and for audits of consultant contracts and
485	agreements, and such audits shall be conducted in accordance
486	with generally accepted governmental auditing standards. The
487	inspector general shall annually perform a sufficient number of
488	audits to determine the efficiency and effectiveness, as well as
489	verify the accuracy of estimates and charges, of contracts
490	executed by the department with private entities and other
491	governmental entities. The inspector general has the sole
492	responsibility for the contents of his or her reports, and a
493	copy of each report containing his or her findings and
494	recommendations shall be furnished directly to the secretary and
495	the commission.
496	2. In addition to the authority and responsibilities
497	herein provided, the inspector general is required to report to
498	the:
499	a. Secretary whenever the inspector general makes a
500	preliminary determination that particularly serious or flagrant
501	problems, abuses, or deficiencies relating to the administration
502	of programs and operations of the department have occurred. The
503	secretary shall review and assess the correctness of the
504	preliminary determination by the inspector general. If the
505	preliminary determination is substantiated, the secretary shall
506	submit such report to the appropriate committees of the
507	Legislature within 7 calendar days, together with a report by
508	the secretary containing any comments deemed appropriate.
509	Nothing in this section shall be construed to authorize the
510	public disclosure of information which is specifically
511	prohibited from disclosure by any other provision of law.
512	b. Transportation Commission and the Legislature any
513	actions by the secretary that prohibit the inspector general
514	from initiating, carrying out, or completing any audit after the
515	inspector general has decided to initiate, carry out, or
516	complete such audit. The secretary shall, within 30 days after
517	transmission of the report, set forth in a statement to the
518	Transportation Commission and the Legislature the reasons for
519	his or her actions.
520	(i)1. The secretary shall appoint a comptroller who is
521	responsible to the Assistant Secretary for Finance and
522	Administration. This position is exempt from part II of chapter
523	110.
524	2. The comptroller is the chief financial officer of the
525	department and must be a proven, effective administrator who by
526	a combination of education and experience clearly possesses a
527	broad knowledge of the administrative, financial, and technical
528	aspects of a complex cost-accounting system. The comptroller
529	must also have a working knowledge of generally accepted
530	accounting principles. At a minimum, the comptroller must hold
531	an active license to practice public accounting in Florida
532	pursuant to chapter 473 or an active license to practice public
533	accounting in any other state. In addition to the requirements
534	of the Florida Fiscal Accounting Management Information System
535	Act, the comptroller is responsible for the development,
536	maintenance, and modification of an accounting system that will
537	in a timely manner accurately reflect the revenues and
538	expenditures of the department and that includes a cost-
539	accounting system to properly identify, segregate, allocate, and
540	report department costs. The comptroller shall supervise and
541	direct preparation of a detailed 36-month forecast of cash and
542	expenditures and is responsible for managing cash and
543	determining cash requirements. The comptroller shall review all
544	comparative cost studies that examine the cost-effectiveness and
545	feasibility of contracting for services and operations performed
546	by the department. The review must state that the study was
547	prepared in accordance with generally accepted cost-accounting
548	standards applied in a consistent manner using valid and
549	accurate cost data.
550	3. The department shall by rule or internal management
551	memoranda as required by chapter 120 provide for the maintenance
552	by the comptroller of financial records and accounts of the
553	department as will afford a full and complete check against the
554	improper payment of bills and provide a system for the prompt
555	payment of the just obligations of the department, which records
556	must at all times disclose:
557	a. The several appropriations available for the use of the
558	department;
559	b. The specific amounts of each such appropriation
560	budgeted by the department for each improvement or purpose;
561	c. The apportionment or division of all such
562	appropriations among the several counties and districts, when
563	such apportionment or division is made;
564	d. The amount or portion of each such apportionment
565	against general contractual and other liabilities then created;
566	e. The amount expended and still to be expended in
567	connection with each contractual and other obligation of the
568	department;
569	f. The expense and operating costs of the various
570	activities of the department;
571	g. The receipts accruing to the department and the
572	distribution thereof;
573	h. The assets, investments, and liabilities of the
574	department; and
575	i. The cash requirements of the department for a 36-month
576	period.
577	4. The comptroller shall maintain a separate account for
578	each fund administered by the department.
579	5. The comptroller shall perform such other related duties
580	as designated by the department.
581	(f)(j)The secretary shall appoint a general counsel who
582	shall be employed full time and shall bedirectly responsible to
583	the secretary. The general counsel is responsible for all legal
584	matters of the department. The department may employ as many
585	attorneys as it deems necessary to advise and represent the
586	department in all transportation matters.
587	(g)(k) The secretary shall appoint a state transportation
588	development administratorplanner who shall report to the
589	Assistant Secretary for Transportation Policy. The state
590	transportation planner's responsibilities shall include, but are
591	not limited to, policy planning, systems planning, and
592	transportation statistics. This position shall be classified at
593	a level equal to a deputy assistant secretary.
594	(h)(l) The secretary shall appoint a state transportation
595	operations administratorhighway engineer who shall report to
596	the Assistant Secretary for Transportation Policy. The state
597	highway engineer's responsibilities shall include, but are not
598	limited to, design, construction, and maintenance of highway
599	facilities; acquisition and management of transportation rights-
600	of-way; traffic engineering; and materials testing.This
601	position shall be classified at a level equal to a deputy
602	assistant secretary.
603	(i)(m)The secretary shall appoint a state public
604	transportation and modal administrator who shall report to the
605	Assistant Secretary for Transportation Policy. The state public
606	transportation administrator's responsibilities shall include,
607	but are not limited to, the administration of statewide transit,
608	rail, intermodal development, and aviation programs.This
609	position shall be classified at a level equal to a deputy
610	assistant secretary. The department shall also assign to the
611	public transportation administrator an organizational unit the
612	primary function of which is to administer the high-speed rail
613	program.
614	(4)(a) The operations of the department shall be organized
615	into seven districts, each headed by a district secretary and a
616	turnpike enterprise, headed by an executive director. The
617	district secretaries and the turnpike executive director shall
618	be registered professional engineers in accordance with the
619	provisions of chapter 471 or, in lieu of professional engineer
620	registration, a district secretary or turnpike executive
621	director may hold an advanced degree in an appropriate related
622	discipline, such as a Master of Business Administration.The
623	district secretaries shall report to the Assistant Secretary for
624	District Operations.The headquarters of the districts shall be
625	located in Polk, Columbia, Washington, Broward, Volusia, Dade,
626	and Hillsborough Counties. The headquarters of the turnpike
627	enterprise shall be located in Orange County. In order to
628	provide for efficient operations and to expedite the
629	decisionmaking process, the department shall provide for maximum
630	decentralization to the districts. However, before making a
631	decision to centralize or decentralize department operations,
632	the department must first determine if the decision would be
633	cost-effective and in the public's best interest. The department
634	shall periodically evaluate such decisions to ensure that they
635	are appropriate.
636	(b) The primary responsibility for the implementation of
637	the department's transportation programs shall be delegated by
638	the secretary to the district secretaries, and sufficient
639	authority shall be vested in each district to ensure adequate
640	control of the resources commensurate with the delegated
641	responsibility. Each district secretary shall also be
642	accountable for ensuring their district's quality of performance
643	and compliance with all laws, rules, policies, and procedures
644	related to the operation of the department.
645	(b)(c)Each district secretary may appoint a district
646	director for transportation development, a district director for
647	transportation operations, and a district director for
648	transportation support or, until July 1, 2005, each district
649	secretary may appoint a district director forplanning and
650	programming, a district director for production, anda district
651	director for operations, and a district director for
652	administration. These positions are exempt from part II of
653	chapter 110.
654	(c)(d)Within each district, offices shall be established
655	for managing major functional responsibilities of the
656	department. The offices may include planning, design,
657	construction, right-of-way, maintenance, and public
658	transportation.The heads of these offices shall be exempt from
659	part II of chapter 110.
660	(d)(e)The district director for the Fort Myers Urban
661	Office of the Department of Transportation is responsible for
662	developing the 5-year Transportation Plan for Charlotte,
663	Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
664	Myers Urban Office also is responsible for providing policy,
665	direction, local government coordination, and planning for those
666	counties.
667	(e)(f)1. The responsibility for the turnpike system shall
668	be delegated by the secretary to the executive director of the
669	turnpike enterprise, who shall serve at the pleasure of the
670	secretary. The executive director shall report directly to the
671	secretary, and the turnpike enterprise shall operate pursuant to
672	ss. 338.22-338.241.
673	2. To facilitate the most efficient and effective
674	management of the turnpike enterprise, including the use of best
675	business practices employed by the private sector, the turnpike
676	enterprise, except as provided in s. 287.055, shall be exempt
677	from departmental policies, procedures, and standards, subject
678	to the secretary having the authority to apply any such
679	policies, procedures, and standards to the turnpike enterprise
680	from time to time as deemed appropriate.
681	(5) Notwithstanding the provisions of s. 110.205, the
682	Department of Management Services is authorized to exempt
683	positions within the Department of Transportation which are
684	comparable to positions within the Senior Management Service
685	pursuant to s. 110.205(2)(j) or positions which are comparable
686	to positions in the Selected Exempt Service under s.
687	110.205(2)(m).
688	(6) To facilitate the efficient and effective management
689	of the department in a businesslike manner, the department shall
690	develop a system for the submission of monthly management
691	reports to the Florida Transportation Commission and secretary
692	from the district secretaries. The commission and the secretary
693	shall determine which reports are required to fulfill their
694	respective responsibilities under this section. A copy of each
695	such report shall be submitted monthly to the appropriations and
696	transportation committees of the Senate and the House of
697	Representatives. Recommendations made by the Auditor General in
698	his or her audits of the department that relate to management
699	practices, systems, or reports shall be implemented in a timely
700	manner. However, if the department determines that one or more
701	of the recommendations should be altered or should not be
702	implemented, it shall provide a written explanation of such
703	determination to the Legislative Auditing Committee within 6
704	months after the date the recommendations were published.
705	(6)(7)The department is authorized to contract with local
706	governmental entities and with the private sector if the
707	department first determines that:
708	(a) Consultants can do the work at less cost than state
709	employees;
710	(b) State employees can do the work at less cost, but
711	sufficient positions have not been approved by the Legislature
712	as requested in the department's most recent legislative budget
713	request;
714	(c) The work requires specialized expertise, and it would
715	not be economical for the state to acquire, and then maintain,
716	the expertise after the work is done;
717	(d) The workload is at a peak level, and it would not be
718	economical to acquire, and then keep, extra personnel after the
719	workload decreases; or
720	(e) The use of such entities is clearly in the public's
721	best interest.
722
723	Such contracts shall require compliance with applicable federal
724	and state laws, and clearly specify the product or service to be
725	provided.
726	Section 2. Section 95.361, Florida Statutes, is amended to
727	read:
728	95.361 Roads presumed to be dedicated.--
729	(1) When a road, constructed by a county, a municipality,
730	or the Department of Transportation, has been maintained or
731	repaired continuously and uninterruptedly for 4 years by the
732	county, municipality, or the Department of Transportation,
733	jointly or severally, the road shall be deemed to be dedicated
734	to the public to the extent in width that has been actually
735	maintained for the prescribed period, whether or not the road
736	has been formally established as a public highway. The
737	dedication shall vest all right, title, easement, and
738	appurtenances in and to the road in:
739	(a) The county, if it is a county road;
740	(b) The municipality, if it is a municipal street or road;
741	or
742	(c) The state, if it is a road in the State Highway System
743	or State Park Road System,
744
745	whether or not there is a record of a conveyance, dedication, or
746	appropriation to the public use.
747	(2) In those instances where a road has been constructed
748	by a nongovernmental entity, or where the road was not
749	constructed by the entity currently maintaining or repairing it,
750	or where it cannot be determined who constructed the road, and
751	when such road has been regularly maintained or repaired for the
752	immediate past 7 years by a county, a municipality, or the
753	Department of Transportation, whether jointly or severally, such
754	road shall be deemed to be dedicated to the public to the extent
755	of the width that actually has been maintained or repaired for
756	the prescribed period, whether or not the road has been formally
757	established as a public highway. The dedication shall vest all
758	rights, title, easement, and appurtenances in and to the road
759	in:
760	(a) The county, if it is a county road;
761	(b) The municipality, if it is a municipal street or road;
762	or
763	(c) The state, if it is a road in the State Highway System
764	or State Park Road System, whether or not there is a record of
765	conveyance, dedication, or appropriation to the public use.
766	(3)The filing of a map in the office of the clerk of the
767	circuit court of the county where the road is located showing
768	the lands and reciting on it that the road has vested in the
769	state, a county, or a municipality in accordance with subsection
770	(1) or subsection (2)or by any other means of acquisition, duly
771	certified by:
772	(a) The secretary of the Department of Transportation, or
773	the secretary's designee, if the road is a road in the State
774	Highway System or State Park Road System;
775	(b) The chair and clerk of the board of county
776	commissioners of the county, if the road is a county road; or
777	(c) The mayor and clerk of the municipality, if the road
778	is a municipal road or street,
779
780	shall be prima facie evidence of ownership of the land by the
781	state, county, or municipality, as the case may be.
782	(4) Any person, firm, corporation, or entity having or
783	claiming any interest in and to any of the property affected by
784	subsection (2) shall have and is hereby allowed a period of 1
785	year after the effective date of this subsection, or a period of
786	7 years after the initial date of regular maintenance or repair
787	of the road, whichever period is greater, to file a claim in
788	equity or with a court of law against the particular governing
789	authority assuming jurisdiction over such property to cause a
790	cessation of the maintenance and occupation of the property.
791	Such timely filed and adjudicated claim shall prevent the
792	dedication of the road to the public pursuant to subsection (2).
793	Section 3. Paragraphs (j) and (m) of subsection (2) of
794	section 110.205, Florida Statutes, are amended to read:
795	110.205 Career service; exemptions.--
796	(2) EXEMPT POSITIONS.--The exempt positions that are not
797	covered by this part include the following:
798	(j) The appointed secretaries, assistant secretaries,
799	deputy secretaries, and deputy assistant secretaries of all
800	departments; the executive directors, assistant executive
801	directors, deputy executive directors, and deputy assistant
802	executive directors of all departments; the directors of all
803	divisions and those positions determined by the department to
804	have managerial responsibilities comparable to such positions,
805	which positions include, but are not limited to, program
806	directors, assistant program directors, district administrators,
807	deputy district administrators, the Director of Central
808	Operations Services of the Department of Children and Family
809	Services, and the State Transportation Development Administrator
810	Planner, the State Transportation Operations Administrator,
811	Highway Engineer, State Public Transportation and Modal
812	Administrator, district secretaries, district directors of
813	transportation development, transportation operations,
814	transportation support, captains and majors of the Office of
815	Motor Carrier Complianceplanning and programming, production,
816	and operations, and the managers of the offices specified in s.
817	20.23(3)(c)(d)2., of the Department of Transportation. Unless
818	otherwise fixed by law, the department shall set the salary and
819	benefits of these positions in accordance with the rules of the
820	Senior Management Service; and the county health department
821	directors and county health department administrators of the
822	Department of Health.
823	(m) All assistant division director, deputy division
824	director, and bureau chief positions in any department, and
825	those positions determined by the department to have managerial
826	responsibilities comparable to such positions, which positions
827	include, but are not limited to, positions in the Department of
828	Health, the Department of Children and Family Services, and the
829	Department of Corrections that are assigned primary duties of
830	serving as the superintendent or assistant superintendent, or
831	warden or assistant warden, of an institution; positions in the
832	Department of Corrections that are assigned primary duties of
833	serving as the circuit administrator or deputy circuit
834	administrator; positions in the Department of Transportation
835	that are assigned primary duties of serving as regional toll
836	managers and managers of offices as defined in s.
837	20.23(3)(c)(d)3.and (4)(d); positions in the Department of
838	Environmental Protection that are assigned the duty of an
839	Environmental Administrator or program administrator; and
840	positions in the Department of Health that are assigned the
841	duties of Environmental Administrator, Assistant County Health
842	Department Director, and County Health Department Financial
843	Administrator. Unless otherwise fixed by law, the department
844	shall set the salary and benefits of these positions in
845	accordance with the rules established for the Selected Exempt
846	Service.
847	Section 4. Paragraphs (a), (b), (c), (d), (e), (f), and
848	(g) of subsection (1) of section 255.20, Florida Statutes, are
849	redesignated as paragraphs (c), (d), (e), (f), (g), (h), and
850	(i), respectively, and new paragraphs (a) and (b) are added to
851	that subsection, to read:
852	255.20 Local bids and contracts for public construction
853	works; specification of state-produced lumber.--
854	(1) A county, municipality, special district as defined in
855	chapter 189, or other political subdivision of the state seeking
856	to construct or improve a public building, structure, or other
857	public construction works must competitively award to an
858	appropriately licensed contractor each project that is estimated
859	in accordance with generally accepted cost-accounting principles
860	to have total construction project costs of more than $200,000.
861	For electrical work, local government must competitively award
862	to an appropriately licensed contractor each project that is
863	estimated in accordance with generally accepted cost-accounting
864	principles to have a cost of more than $50,000. As used in this
865	section, the term "competitively award" means to award contracts
866	based on the submission of sealed bids, proposals submitted in
867	response to a request for proposal, proposals submitted in
868	response to a request for qualifications, or proposals submitted
869	for competitive negotiation. This subsection expressly allows
870	contracts for construction management services, design/build
871	contracts, continuation contracts based on unit prices, and any
872	other contract arrangement with a private sector contractor
873	permitted by any applicable municipal or county ordinance, by
874	district resolution, or by state law. For purposes of this
875	section, construction costs include the cost of all labor,
876	except inmate labor, and include the cost of equipment and
877	materials to be used in the construction of the project. Subject
878	to the provisions of subsection (3), the county, municipality,
879	special district, or other political subdivision may establish,
880	by municipal or county ordinance or special district resolution,
881	procedures for conducting the bidding process.
882	(a) Notwithstanding any other law to the contrary, a
883	county, municipality, special district as defined in chapter
884	189, or other political subdivision of the state seeking to
885	construct or improve bridges, roads, streets, highways, or
886	railroads, and services incidental thereto, at costs in excess
887	of $250,000 may require that persons interested in performing
888	work under contract first be certified or qualified to perform
889	such work. Any contractor may be considered ineligible to bid by
890	the governmental entity if the contractor is behind on
891	completing an approved progress schedule for the governmental
892	entity by 10 percent or more at the time of advertisement of the
893	work. Any contractor prequalified and considered eligible by the
894	Department of Transportation to bid to perform the type of work
895	described under the contract shall be presumed to be qualified
896	to perform the work described. The governmental entity may
897	provide an appeal process to overcome that presumption with de
898	novo review based on the record below to the circuit court.
899	(b) With respect to contractors not prequalified with the
900	Department of Transportation, the governmental entity shall
901	publish prequalification criteria and procedures prior to
902	advertisement or notice of solicitation. Such publications shall
903	include notice of a public hearing for comment on such criteria
904	and procedures prior to adoption. The procedures shall provide
905	for an appeal process within the authority for objections to the
906	prequalification process with de novo review based on the record
907	below to the circuit court within 30 days.
908	Section 5. Subsections (2) and (4) of section 316.1001,
909	Florida Statutes, are amended to read:
910	316.1001 Payment of toll on toll facilities required;
911	penalties.--
912	(2)(a) For the purpose of enforcing this section, any
913	governmental entity, as defined in s. 334.03, that owns or
914	operates a toll facility may, by rule or ordinance, authorize a
915	toll enforcement officer to issue a uniform traffic citation for
916	a violation of this section. Toll enforcement officer means the
917	designee of a governmental entity whose soleauthority is to
918	enforce the payment of tolls. The governmental entity may
919	designate toll enforcement officers pursuant to s. 316.640(1).
920	(b) A citation issued under this subsection may be issued
921	by mailing the citation by first class mail, or bycertified
922	mail, return receipt requested, to the address of the registered
923	owner of the motor vehicle involved in the violation. Mailing
924	the citation to this address constitutes notification.In the
925	case of joint ownership of a motor vehicle, the traffic citation
926	must be mailed to the first name appearing on the registration,
927	unless the first name appearing on the registration is a
928	business organization, in which case the second name appearing
929	on the registration may be used. A citation issued under this
930	paragraph must be mailed to the registered owner of the motor
931	vehicle involved in the violation within 14 days after the date
932	of issuance ofthe violation. In addition to the citation,
933	notification must be sent to the registered owner of the motor
934	vehicle involved in the violation specifying remediesthe remedy
935	available under ss. 318.14(12) ands.318.18(7).
936	(c) The owner of the motor vehicle involved in the
937	violation is responsible and liable for payment of a citation
938	issued for failure to pay a toll, unless the owner can establish
939	the motor vehicle was, at the time of the violation, in the
940	care, custody, or control of another person. In order to
941	establish such facts, the owner of the motor vehicle is
942	required, within 14 days after the date of issuance of the
943	citationnotification of the alleged violation, to furnish to
944	the appropriate governmental entity an affidavit setting forth:
945	1. The name, address, date of birth,and, if known, the
946	driver license number of the person who leased, rented, or
947	otherwise had the care, custody, or control of the motor vehicle
948	at the time of the alleged violation; or
949	2. If stolen, the police report indicating that the
950	vehicle was stolen at the time of the alleged violation.
951
952	Upon receipt of an affidavit the person designated as having
953	care, custody, and control of the motor vehicle at the time of
954	the violation may be issued a citation for failure to pay a
955	required toll. The affidavit shall be admissible in a
956	proceeding pursuant to this section for the purpose of providing
957	that the person identified in the affidavit was in actual care,
958	custody, or control of the motor vehicle.
959	(d) A written report of a toll enforcement officer or
960	photographic evidence that indicates that a required toll was
961	not paid is admissible in any proceeding to enforce this section
962	and raises a rebuttable presumption that the motor vehicle named
963	in the report or shown in the photographic evidence was used in
964	violation of this section.
965	(4) Any governmental entity may supply the department with
966	data that is machine readable by the department's computer
967	system, listing persons who have onethreeor more outstanding
968	violations of this section. Pursuant to s. 320.03(8), those
969	persons may not be issued a license plate or revalidation
970	sticker for any motor vehicle.
971	Section 6. Paragraph (b) of subsection (1), paragraphs
972	(a), (b), (c), (d), (e), (f), and (j) of subsection (2), and
973	subsection (5) of section 316.302, Florida Statutes, are amended
974	to read:
975	316.302 Commercial motor vehicles; safety regulations;
976	transporters and shippers of hazardous materials; enforcement.--
977	(1)
978	(b) Except as otherwise provided in this section, all
979	owners or drivers of commercial motor vehicles that are engaged
980	in intrastate commerce are subject to the rules and regulations
981	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
982	exception of 49 C.F.R. s. 390.5 as it relates to the definition
983	of bus, as such rules and regulations existed on October 1, 2002
984	2001.
985	(2)(a) A person who operates a commercial motor vehicle
986	solely in intrastate commerce not transporting any hazardous
987	material in amounts that require placarding pursuant to 49
988	C.F.R. part 172need not comply with 49 C.F.R. ss. 391.11(b)(1)
989	and 395.3(a) and (b).
990	(b) A person who operates a commercial motor vehicle
991	solely in intrastate commerce not transporting any hazardous
992	material in amounts that require placarding pursuant to 49
993	C.F.R. part 172is exempt from 49 C.F.R. s. 395.3(a) and (b) and
994	may, after 8 hours' rest, and following the required initial
995	motor vehicle inspection, be permitted to drive any part of the
996	first 15 on-duty hours in any 24-hour period, but may not be
997	permitted to operate a commercial motor vehicle after that until
998	the requirement of another 8 hours' rest has been fulfilled. The
999	provisions of this paragraph do not apply to drivers of public
1000	utility vehicles or authorized emergency vehicles during periods
1001	of severe weather or other emergencies.
1002	(c) A person who operates a commercial motor vehicle
1003	solely in intrastate commerce not transporting any hazardous
1004	material in amounts that require placarding pursuant to 49
1005	C.F.R. part 172may not be on duty more than 72 hours in any
1006	period of 7 consecutive days, but carriers operating every day
1007	in a week may permit drivers to remain on duty for a total of
1008	not more than 84 hours in any period of 8 consecutive days;
1009	however, 24 consecutive hours off duty shall constitute the end
1010	of any such period of 7 or 8 consecutive days. This weekly limit
1011	does not apply to a person who operates a commercial motor
1012	vehicle solely within this state while transporting, during
1013	harvest periods, any unprocessed agricultural products that are
1014	subject to seasonal harvesting from place of harvest to the
1015	first place of processing or storage or from place of harvest
1016	directly to market. Upon request of the Department of
1017	Transportation, motor carriers shall furnish time records or
1018	other written verification to that department so that the
1019	Department of Transportation can determine compliance with this
1020	subsection. These time records must be furnished to the
1021	Department of Transportation within 10 days after receipt of
1022	that department's request. Falsification of such information is
1023	subject to a civil penalty not to exceed $100. The provisions of
1024	this paragraph do not apply to drivers of public utility
1025	vehicles or authorized emergency vehicles during periods of
1026	severe weather or other emergencies.
1027	(d) A person who operates a commercial motor vehicle
1028	solely in intrastate commerce not transporting any hazardous
1029	material in amounts that require placarding pursuant to 49
1030	C.F.R. part 172within a 200 air-mile radius of the location
1031	where the vehicle is based need not comply with 49 C.F.R. s.
1032	395.8, except that time records shall be maintained as
1033	prescribed in 49 C.F.R. s. 395.1(e)(5).
1034	(e) A person who operates a commercial motor vehicle
1035	solely in intrastate commerce is exempt from subsection (1)
1036	while transporting agricultural products, including
1037	horticultural or forestry products, from farm or harvest place
1038	to the first place of processing or storage, or from farm or
1039	harvest place directly to market. However, such person must
1040	comply with 49 C.F.R. parts 382, 392, and 393, and with 49
1041	C.F.R. ss. 396.3(a)(1) and 396.9. A vehicle or combination of
1042	vehicles operated pursuant to this paragraph having a gross
1043	vehicle weight of 26,001 pounds or more or having three or more
1044	axles on the power unit, regardless of weight, must display the
1045	name of the vehicle owner or motor carrier and the municipality
1046	or town where the vehicle is based on each side of the power
1047	unit in letters that contrast with the background and that are
1048	readable from a distance of 50 feet. A person who violates this
1049	vehicle identification requirement may be assessed a penalty as
1050	provided in s. 316.3025(3)(a).
1051	(f) A person who operates a commercial motor vehicle
1052	having a declared gross vehicle weight of less than 26,000
1053	pounds solely in intrastate commerce and who is not transporting
1054	hazardous materials in amounts that require placarding pursuant
1055	to 49 C.F.R. part 172, or who is transporting petroleum products
1056	as defined in s. 376.301(31), is exempt from subsection(1).
1057	However, such person must comply with 49 C.F.R. parts 382, 392,
1058	and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
1059	(j) A person who is otherwise qualified as a driver under
1060	49 C.F.R. part 391, andwho operates a commercial motor vehicle
1061	in intrastate commerce only, and who does not transport
1062	hazardous materials in amounts that require placarding pursuant
1063	to 49 C.F.R. part 172, isshall beexempt from the requirements
1064	of 49 C.F.R. part 391, subpart E, ss. 391.41(b)(3) and
1065	391.43(e), relating to diabetes.
1066	(5) The Department of Transportation may adopt and revise
1067	rules to assure the safe operation of commercial motor vehicles.
1068	The Department of Transportation may enter into cooperative
1069	agreements as provided in 49 C.F.R. part 388. Department of
1070	Transportation personnel may conduct motor carrier and shipper
1071	compliance reviewsterminal audits onlyfor the purpose of
1072	determining compliance with this section49 C.F.R. parts 171,
1073	172, 173, 177, 178, 180, 382, 391, 393, 396, and 397; 49 C.F.R.
1074	s. 395.1(e)(5);and s. 627.7415.
1075	Section 7. Section 316.3025, Florida Statutes, is amended
1076	to read:
1077	316.3025 Penalties.--
1078	(1) A commercial motor vehicle that is found to be
1079	operating in such an unsafe condition as to be declared out-of-
1080	service or a driver declared out-of-service or removed from
1081	driving status pursuant to the North American StandardUniform
1082	Out-of-Service Criteria must be repaired or returned to driving
1083	status before being returned to service.
1084	(2) Any person who owns, operates, or causes or permits a
1085	commercial motor vehicle that has been declared out-of-service
1086	pursuant to the North American StandardUniformOut-of-Service
1087	Criteria to be driven before the completion of required repairs
1088	is subject to the imposition of a penalty as provided in 49
1089	C.F.R. s. 383.53, in addition to any other penalties imposed
1090	against him or her. Any person who operates a commercial motor
1091	vehicle while he or she is declared out-of-service or removed
1092	from driving status pursuant to the North American Standard
1093	UniformOut-of-Service Criteria, or who causes or permits such
1094	out-of-service driver to operate a commercial motor vehicle, is
1095	subject to the imposition of a penalty as provided in 49 C.F.R.
1096	s. 383.53, in addition to any other penalties imposed against
1097	the person.
1098	(3)(a) A civil penalty of $50 may be assessed for a
1099	violation of the identification requirementsof 49 C.F.R. s.
1100	390.21 or s. 316.302(2)(e).
1101	(b) A civil penalty of $100 may be assessed for:
1102	1. Each violation of the North American Uniform Driver
1103	Out-of-Service Criteria;
1104	2. A violation of s. 316.302(2)(b) or (c); or
1105	3. A violation of 49 C.F.R. s. 392.60; or.
1106	4. A violation of the North American Standard Vehicle Out-
1107	of-Service Criteria resulting from an inspection of a commercial
1108	motor vehicle involved in a crash.
1109	(c) A civil penalty of $250 may be assessed for:
1110	1. A violation of the placarding requirements of 49 C.F.R.
1111	parts 171-179;
1112	2. A violation of the shipping paper requirements of 49
1113	C.F.R. parts 171-179;
1114	3. A violation of 49 C.F.R. s. 392.10;
1115	4. A violation of 49 C.F.R. s. 397.5;
1116	5. A violation of 49 C.F.R. s. 397.7;
1117	6. A violation of 49 C.F.R. s. 397.13; or
1118	7. A violation of 49 C.F.R. s. 397.15.
1119	(d) A civil penalty of $500 may be assessed for:
1120	1. Each violation of the North American Standard Hazardous
1121	Materials Out-of-Service Criteria;
1122	2. Each violation of 49 C.F.R. s. 390.19, for failure of
1123	an interstate or intrastate motor carrier to register;
1124	3. Each violation of 49 C.F.R. s. 392.9a, for failure of
1125	an interstate motor carrier to obtain operating authority; or
1126	4. Each violation of 49 C.F.R. s. 392.9a, for operating
1127	beyond the scope of an interstate motor carrier's operating
1128	authority.each violation of the North American Uniform
1129	Hazardous Materials Out-of-Service Criteria.
1130	(e) A civil penalty not to exceed $5,000 in the aggregate
1131	may be assessed for violations found in the conduct of
1132	compliance reviewsterminal audits pursuant to s. 316.302(5). A
1133	civil penalty not to exceed $25,000 in the aggregate may be
1134	assessed for violations found in a follow-up compliance review
1135	conducted within a 24-month period. A civil penalty not to
1136	exceed $25,000 in the aggregate may be assessed and the motor
1137	carrier may be enjoined pursuant to s. 316.3026 if violations
1138	are found after a second follow-up compliance review within 12
1139	months after the first follow-up compliance review. Motor
1140	carriers found to be operating without insurance required by s.
1141	627.7415 may be enjoined as provided in s. 316.3026.
1142	(4) A vehicle operated by an interstate motor carrier
1143	found to be in violation of 49 C.F.R. s. 392.9a may be placed
1144	out of service for the carrier's failure to obtain operating
1145	authority or operating beyond the scope of its operating
1146	authority.
1147	(5)(4)Whenever any person or motor carrier as defined in
1148	chapter 320 violates the provisions of this section and becomes
1149	indebted to the state because of such violation and refuses to
1150	pay the appropriate penalty, in addition to the provisions of s.
1151	316.3026, suchthepenalty becomes a lien upon the property
1152	including the motor vehicles of such person or motor carrier and
1153	may be foreclosed by the state in a civil action in any court of
1154	this state. It shall be presumed that the owner of the motor
1155	vehicle is liable for the sum, and the vehicle may be detained
1156	or impounded until the penalty is paid.
1157	(6)(5)(a) Any officer or agent collecting the penalties
1158	imposed pursuant to this section shall give to the owner, motor
1159	carrier, or driver of the vehicle an official receipt for all
1160	penalties collected from him or her.Only an officer or agent of
1161	the Department of Transportation is authorized to collect the
1162	penalty provided by this section. Such officer or agent shall
1163	cooperate with the owner or driver of the motor vehicle so as
1164	not to unduly delay the vehicle.
1165	(b) All penalties imposed and collected under this section
1166	by any state agency having jurisdictionshall be paid to the
1167	Treasurer, who shall credit the total amount collected to the
1168	State Transportation Trust Fund for use in repairing and
1169	maintaining the roads of this state.
1170	(7)(6)Any person aggrieved by the imposition of a civil
1171	penalty pursuant to this section may apply to the Commercial
1172	Motor Vehicle Review Board for a modification, cancellation, or
1173	revocation of the penalty. The Commercial Motor Vehicle Review
1174	Board may modify, cancel, revoke, or sustain such penalty.
1175	Section 8. Section 316.3026, Florida Statutes, is amended
1176	to read:
1177	316.3026 Unlawful operation of motor carriersmay be
1178	enjoined.--
1179	(1) The Office of Motor Carrier Compliance of the
1180	Department of Transportation may issue out-of-service orders to
1181	motor carriers, as defined in s. 320.01(33), who have after
1182	proper notice failed to pay any penalty or fine assessed by the
1183	department, or its agent, against any owner or motor carrier for
1184	violations of state law, refused to submit to a compliance
1185	review and provide records pursuant to s. 316.302(5) or s.
1186	316.70, or violated safety regulations pursuant to s. 316.302 or
1187	insurance requirements found in s. 627.7415. Such out-of-service
1188	orders shall have the effect of prohibiting the operations of
1189	any motor vehicles owned, leased, or otherwise operated by the
1190	motor carrier upon the roadways of this state, until such time
1191	as the violations have been corrected or penalties have been
1192	paid. Out-of-service orders issued under this section must be
1193	approved by the Secretary of Transportation or his or her
1194	designee. An administrative hearing pursuant to s. 120.569 shall
1195	be afforded to motor carriers subject to such orders.
1196	(2) Any motor carrier enjoined or prohibited from
1197	operating by an out-of-service order by this state, any other
1198	state, or the Federal Motor Carrier Safety Administration may
1199	not operate on the roadways of this state until the motor
1200	carrier has been authorized to resume operations by the
1201	originating enforcement jurisdiction. Commercial motor vehicles
1202	owned or operated by any motor carrier prohibited from operation
1203	found on the roadways of this state shall be placed out of
1204	service by law enforcement officers of the Department of
1205	Transportation, and the motor carrier assessed a $10,000 civil
1206	penalty pursuant to 49 C.F.R. s. 383.53, in addition to any
1207	other penalties imposed on the driver or other responsible
1208	person. Any person who knowingly drives, operates, or causes to
1209	be operated any commercial motor vehicle in violation of an out-
1210	of-service order issued by the department in accordance with
1211	this section commits a felony of the third degree, punishable as
1212	provided in s. 775.082(3)(d). Any costs associated with the
1213	impoundment or storage of such vehicles are the responsibility
1214	of the motor carrier. Vehicle out-of-service orders may be
1215	rescinded when the department receives proof of authorization
1216	for the motor carrier to resume operation.
1217	(3) In addition to the sanctions found in subsections (1)
1218	and (2), the Department of Transportation may petition the
1219	circuit courts of this state to enjoin any motor carrier from
1220	operating when it fails to comply with out-of-service orders
1221	issued by a competent authority within or outside this state.
1222	Any motor carrier which operates a commercial motor vehicle upon
1223	the highways of this state in violation of the provisions of
1224	this chapter may be enjoined by the courts of this state from
1225	any such violation. Such injunctive proceeding may be
1226	instituted by the Department of Transportation.
1227	Section 9. Section 316.3027, Florida Statutes, is
1228	repealed.
1229	Section 10. Paragraph (b) of subsection (3) of section
1230	316.515, Florida Statutes, is amended to read:
1231	316.515 Maximum width, height, length.--
1232	(3) LENGTH LIMITATION.--Except as otherwise provided in
1233	this section, length limitations apply solely to a semitrailer
1234	or trailer, and not to a truck tractor or to the overall length
1235	of a combination of vehicles. No combination of commercial
1236	motor vehicles coupled together and operating on the public
1237	roads may consist of more than one truck tractor and two
1238	trailing units. Unless otherwise specifically provided for in
1239	this section, a combination of vehicles not qualifying as
1240	commercial motor vehicles may consist of no more than two units
1241	coupled together; such nonqualifying combination of vehicles may
1242	not exceed a total length of 65 feet, inclusive of the load
1243	carried thereon, but exclusive of safety and energy conservation
1244	devices approved by the department for use on vehicles using
1245	public roads. Notwithstanding any other provision of this
1246	section, a truck tractor-semitrailer combination engaged in the
1247	transportation of automobiles or boats may transport motor
1248	vehicles or boats on part of the power unit; and, except as may
1249	otherwise be mandated under federal law, an automobile or boat
1250	transporter semitrailer may not exceed 50 feet in length,
1251	exclusive of the load; however, the load may extend up to an
1252	additional 6 feet beyond the rear of the trailer. The 50-feet
1253	length limitation does not apply to non-stinger-steered
1254	automobile or boat transporters that are 65 feet or less in
1255	overall length, exclusive of the load carried thereon, or to
1256	stinger-steered automobile or boat transporters that are 75 feet
1257	or less in overall length, exclusive of the load carried
1258	thereon. For purposes of this subsection, a "stinger-steered
1259	automobile or boat transporter" is an automobile or boat
1260	transporter configured as a semitrailer combination wherein the
1261	fifth wheel is located on a drop frame located behind and below
1262	the rearmost axle of the power unit. Notwithstanding paragraphs
1263	(a) and (b), any straight truck or truck tractor-semitrailer
1264	combination engaged in the transportation of horticultural trees
1265	may allow the load to extend up to an additional 10 feet beyond
1266	the rear of the vehicle, provided said trees are resting against
1267	a retaining bar mounted above the truck bed so that the root
1268	balls of the trees rest on the floor and to the front of the
1269	truck bed and the tops of the trees extend up over and to the
1270	rear of the truck bed, and provided the overhanging portion of
1271	the load is covered with protective fabric.
1272	(b) Semitrailers.--
1273	1. A semitrailer operating in a truck tractor-semitrailer
1274	combination may not exceed 48 feet in extreme overall outside
1275	dimension, measured from the front of the unit to the rear of
1276	the unit and the load carried thereon, exclusive of safety and
1277	energy conservation devices approved by the department for use
1278	on vehicles using public roads, unless it complies with
1279	subparagraph 2. A semitrailer which exceeds 48 feet in length
1280	and is used to transport divisible loads may operate in this
1281	state only if issued a permit under s. 316.550 and if such
1282	trailer meets the requirements of this chapter relating to
1283	vehicle equipment and safety. Except for highways on the tandem
1284	trailer truck highway network, public roads deemed unsafe for
1285	longer semitrailer vehicles or those roads on which such longer
1286	vehicles are determined not to be in the interest of public
1287	convenience shall, in conformance with s. 316.006, be restricted
1288	by the Department of Transportation or by the local authority to
1289	use by semitrailers not exceeding a length of 48 feet, inclusive
1290	of the load carried thereon but exclusive of safety and energy
1291	conservation devices approved by the department for use on
1292	vehicles using public roads. Truck tractor-semitrailer
1293	combinations shall be afforded reasonable access to terminals;
1294	facilities for food, fuel, repairs, and rest; and points of
1295	loading and unloading.
1296	2. A semitrailer which is more than 48 feet but not more
1297	than 53 feet in extreme overall outside dimension, as measured
1298	pursuant to subparagraph 1., may operate on public roads, except
1299	roads on the State Highway System which are restricted by the
1300	Department of Transportation or other roads restricted by local
1301	authorities, if:
1302	a. The distance between the kingpin or other peg that
1303	whichlocks into the fifth wheel of a truck tractor and the
1304	center of the rear axle or rear group of axles does not exceed
1305	41 feet, or, in the case of a semitrailer used exclusively or
1306	primarily to transport vehicles in connection with motorsports
1307	competition events, the distance does not exceed 46 feet from
1308	the kingpin to the center of the rear axles; and
1309	b. It is equipped with a substantial rear-end underride
1310	protection device meeting the requirements of 49 C.F.R. s.
1311	393.86, "Rear End Protection."
1312	Section 11. Subsections (5), (6), and (10) of section
1313	316.545, Florida Statutes, are amended to read:
1314	316.545 Weight and load unlawful; special fuel and motor
1315	fuel tax enforcement; inspection; penalty; review.--
1316	(5) Whenever any person violates the provisions of this
1317	chapter and becomes indebted to the state because of such
1318	violation in the amounts aforesaid and refuses to pay said
1319	penalty, in addition to the provisions of s. 316.3026,such
1320	penalty shall become a lien upon the motor vehicle, and the same
1321	may be foreclosed by the state in a court of equity. It shall be
1322	presumed that the owner of the motor vehicle is liable for the
1323	sum. Any person, firm, or corporation claiming an interest in
1324	the seized motor vehicle may, at any time after the lien of the
1325	state attaches to the motor vehicle, obtain possession of the
1326	seized vehicle by filing a good and sufficient forthcoming bond
1327	with the officer having possession of the vehicle, payable to
1328	the Governor of the state in twice the amount of the state's
1329	lien, with a corporate surety duly authorized to transact
1330	business in this state as surety, conditioned to have the motor
1331	vehicle or combination of vehicles forthcoming to abide the
1332	result of any suit for the foreclosure of such lien. It shall
1333	be presumed that the owner of the motor vehicle is liable for
1334	the penalty imposed under this section. Upon the posting of such
1335	bond with the officer making the seizure, the vehicle shall be
1336	released and the bond shall be forwarded to the Department of
1337	Transportation for safekeeping. The lien of the state against
1338	the motor vehicle aforesaid shall be foreclosed in equity, and
1339	the ordinary rules of court relative to proceedings in equity
1340	shall control. If it appears that the seized vehicle has been
1341	released to the defendant upon his or her forthcoming bond, the
1342	state shall take judgment of foreclosure against the property
1343	itself, and judgment against the defendant and the sureties on
1344	the bond for the amount of the lien, including cost of
1345	proceedings. After the rendition of the decree, the state may,
1346	at its option, proceed to sue out execution against the
1347	defendant and his or her sureties for the amount recovered as
1348	aforesaid or direct the sale of the vehicle under foreclosure.
1349	(6) Any officer or agent collecting the penalties herein
1350	imposed shall give to the owner or driver of the vehicle an
1351	official receipt for all penalties collected. Such officers or
1352	agents of the state departments shallcooperate with the owners
1353	or drivers of motor vehicles so as not to delay unduly the
1354	vehicles. All penalties imposed and collected under this section
1355	by any state agency having jurisdiction shall be paid to the
1356	Treasurer, who shall credit the total amount thereof to the
1357	State Transportation Trust Fund, which shall be used to repair
1358	and maintain the roads of this state and to enforce this
1359	section.
1360	(10) The Department of Transportation may employ weight
1361	inspectors to operate its fixed-scale facilities. Weight
1362	inspectors on duty at a fixed-scale facility are authorized to
1363	enforce the laws governing commercial motor vehicle weight,
1364	registration, size, and load and to assess and collect civil
1365	penalties for violations of said laws. A weight inspector may
1366	detain a commercial motor vehicle that has an obvious safety
1367	defect critical to the continued safe operation of the vehicle
1368	or that is operating in violation of an out-of-service order as
1369	reported on the federal Safety and Fitness Electronic Records
1370	database. The weight inspector may immediately summon a law
1371	enforcement officer of the Department of Transportation, or
1372	other law enforcement officer authorized by s. 316.640 to
1373	enforce the traffic laws of this state, to take appropriate
1374	enforcement action. The vehicle shall be released if the defect
1375	is repaired prior to the arrival of a law enforcement officer.
1376	Weight inspectors shall not be classified as law enforcement
1377	officers subject to certification requirements of chapter 943,
1378	and are not authorized to carry weapons or make arrests. Any
1379	person who obstructs, opposes, or resists a weight inspector in
1380	the performance of the duties herein prescribed shall be guilty
1381	of an offense as described in subsection (1) for obstructing,
1382	opposing, or resisting a law enforcement officer.
1383	Section 12. Subsection (3) of section 316.610, Florida
1384	Statutes, is repealed.
1385	Section 13. Paragraph (a) of subsection (1) of section
1386	316.640, Florida Statutes, is amended to read:
1387	316.640 Enforcement.--The enforcement of the traffic laws
1388	of this state is vested as follows:
1389	(1) STATE.--
1390	(a)1.a. The Division of Florida Highway Patrol of the
1391	Department of Highway Safety and Motor Vehicles, the Division of
1392	Law Enforcement of the Fish and Wildlife Conservation
1393	Commission, the Division of Law Enforcement of the Department of
1394	Environmental Protection, and law enforcement officers of the
1395	Department of Transportation each have authority to enforce all
1396	of the traffic laws of this state on all the streets and
1397	highways thereof and elsewhere throughout the state wherever the
1398	public has a right to travel by motor vehicle. The Division of
1399	the Florida Highway Patrol may employ as a traffic accident
1400	investigation officer any individual who successfully completes
1401	instruction in traffic accident investigation and court
1402	presentation through the Selective Traffic Enforcement Program
1403	as approved by the Criminal Justice Standards and Training
1404	Commission and funded through the National Highway Traffic
1405	Safety Administration or a similar program approved by the
1406	commission, but who does not necessarily meet the uniform
1407	minimum standards established by the commission for law
1408	enforcement officers or auxiliary law enforcement officers under
1409	chapter 943. Any such traffic accident investigation officer who
1410	makes an investigation at the scene of a traffic accident may
1411	issue traffic citations, based upon personal investigation, when
1412	he or she has reasonable and probable grounds to believe that a
1413	person who was involved in the accident committed an offense
1414	under this chapter, chapter 319, chapter 320, or chapter 322 in
1415	connection with the accident. This paragraph does not permit the
1416	carrying of firearms or other weapons, nor do such officers have
1417	arrest authority.
1418	b. University police officers shall have authority to
1419	enforce all of the traffic laws of this state when such
1420	violations occur on or about any property or facilities that are
1421	under the guidance, supervision, regulation, or control of a
1422	state university, a direct-support organization of such state
1423	university, or any other organization controlled by the state
1424	university or a direct-support organization of the state
1425	university, except that traffic laws may be enforced off-campus
1426	when hot pursuit originates on or adjacent to any such property
1427	or facilities.
1428	c. Community college police officers shall have the
1429	authority to enforce all the traffic laws of this state only
1430	when such violations occur on any property or facilities that
1431	are under the guidance, supervision, regulation, or control of
1432	the community college system.
1433	d. Police officers employed by an airport authority shall
1434	have the authority to enforce all of the traffic laws of this
1435	state only when such violations occur on any property or
1436	facilities that are owned or operated by an airport authority.
1437	(I) An airport authority may employ as a parking
1438	enforcement specialist any individual who successfully completes
1439	a training program established and approved by the Criminal
1440	Justice Standards and Training Commission for parking
1441	enforcement specialists but who does not otherwise meet the
1442	uniform minimum standards established by the commission for law
1443	enforcement officers or auxiliary or part-time officers under s.
1444	943.12. Nothing in this sub-sub-subparagraph shall be construed
1445	to permit the carrying of firearms or other weapons, nor shall
1446	such parking enforcement specialist have arrest authority.
1447	(II) A parking enforcement specialist employed by an
1448	airport authority is authorized to enforce all state, county,
1449	and municipal laws and ordinances governing parking only when
1450	such violations are on property or facilities owned or operated
1451	by the airport authority employing the specialist, by
1452	appropriate state, county, or municipal traffic citation.
1453	e. The Office of Agricultural Law Enforcement of the
1454	Department of Agriculture and Consumer Services shall have the
1455	authority to enforce traffic laws of this state.
1456	f. School safety officers shall have the authority to
1457	enforce all of the traffic laws of this state when such
1458	violations occur on or about any property or facilities which
1459	are under the guidance, supervision, regulation, or control of
1460	the district school board.
1461	2. An agency of the state as described in subparagraph 1.
1462	is prohibited from establishing a traffic citation quota. A
1463	violation of this subparagraph is not subject to the penalties
1464	provided in chapter 318.
1465	3. Any disciplinary action taken or performance evaluation
1466	conducted by an agency of the state as described in subparagraph
1467	1. of a law enforcement officer's traffic enforcement activity
1468	must be in accordance with written work-performance standards.
1469	Such standards must be approved by the agency and any collective
1470	bargaining unit representing such law enforcement officer. A
1471	violation of this subparagraph is not subject to the penalties
1472	provided in chapter 318.
1473	4. The Division of the Florida Highway Patrol may employ
1474	as a traffic accident investigation officer any individual who
1475	successfully completes instruction in traffic accident
1476	investigation and court presentation through the Selective
1477	Traffic Enforcement Program as approved by the Criminal Justice
1478	Standards and Training Commission and funded through the
1479	National Highway Traffic Safety Administration or a similar
1480	program approved by the commission, but who does not necessarily
1481	meet the uniform minimum standards established by the commission
1482	for law enforcement officers or auxiliary law enforcement
1483	officers under chapter 943. Any such traffic accident
1484	investigation officer who makes an investigation at the scene of
1485	a traffic accident may issue traffic citations, based upon
1486	personal investigation, when he or she has reasonable and
1487	probable grounds to believe that a person who was involved in
1488	the accident committed an offense under this chapter, chapter
1489	319, chapter 320, or chapter 322 in connection with the
1490	accident. This subparagraph does not permit the officer to carry
1491	firearms or other weapons and such an officer does not have
1492	authority to make arrests.
1493	Section 14. Subsection (3) of section 316.650, Florida
1494	Statutes, is amended to read:
1495	316.650 Traffic citations.--
1496	(3)(a) Except for a traffic citation issued pursuant to s.
1497	316.1001, eachEverytraffic enforcement officer, upon issuing a
1498	traffic citation to an alleged violator of any provision of the
1499	motor vehicle laws of this state or of any traffic ordinance of
1500	any city or town, shall deposit the original and one copy of
1501	such traffic citation or, in the case of a traffic enforcement
1502	agency which has an automated citation issuance system, shall
1503	provide an electronic facsimile with a court having jurisdiction
1504	over the alleged offense or with its traffic violations bureau
1505	within 5 days after issuance to the violator.
1506	(b) If a traffic citation is issued pursuant to s.
1507	316.1001, a traffic enforcement officer may deposit the original
1508	and one copy of such traffic citation or, in the case of a
1509	traffic enforcement agency that has an automated citation
1510	system, may provide an electronic facsimile with a court having
1511	jurisdiction over the alleged offense or with its traffic
1512	violations bureau within 45 days after the date of issuance of
1513	the citation to the violator.
1514	Section 15. Subsection (2) of section 316.70, Florida
1515	Statutes, is amended to read:
1516	316.70 Nonpublic sector buses; safety rules.--
1517	(2) Department of Transportation personnel may conduct
1518	compliance reviews for the purpose of determining compliance
1519	with this section. A civil penalty not to exceed $5,000 in the
1520	aggregate may be assessed against any person who violates any
1521	provision of this section or who violates any rule or order of
1522	the Department of Transportation. A civil penalty not to exceed
1523	$25,000 in the aggregate may be assessed for violations found in
1524	a follow-up compliance review conducted within a 24-month
1525	period. A civil penalty not to exceed $25,000 in the aggregate
1526	may be assessed and the motor carrier may be enjoined pursuant
1527	to s. 316.3026 if violations are found after a second follow-up
1528	compliance review within 12 months after the first follow-up
1529	compliance review. Motor carriers found to be operating without
1530	insurance coverage required by s. 627.742 or 49 C.F.R. part 387
1531	may be enjoined as provided in s. 316.3026.The Department of
1532	Transportation may assess a civil penalty of up to $5,000 per
1533	infraction against any person who violates any provision of this
1534	section or who violates any rule or order of the department.
1535	Section 16. Subsection (4) of section 318.14, Florida
1536	Statutes, is amended, and subsection(12) is added to that
1537	section, to read:
1538	318.14 Noncriminal traffic infractions; exception;
1539	procedures.--
1540	(4) Except as provided in subsection (12),any person
1541	charged with a noncriminal infraction under this section who
1542	does not elect to appear shall pay the civil penalty and
1543	delinquent fee, if applicable, either by mail or in person,
1544	within 30 days after the date of issuance ofreceivingthe
1545	citation. If the person cited follows the above procedure, he
1546	or she shall be deemed to have admitted the infraction and to
1547	have waived his or her right to a hearing on the issue of
1548	commission of the infraction. Such admission shall not be used
1549	as evidence in any other proceedings. Any person who is cited
1550	for a violation of s. 320.0605 or s. 322.15(1), or subject to a
1551	penalty under s. 320.07(3)(a) or (b) or s. 322.065, and who
1552	makes an election under this subsection shall submit proof of
1553	compliance with the applicable section to the clerk of the
1554	court. For the purposes of this subsection, proof of compliance
1555	consists of a valid driver's license or a valid registration
1556	certificate.
1557	(12) Any person cited for a violation of s. 316.1001 may,
1558	in lieu of making an election as set forth in subsection (4) or
1559	s. 318.18(7), elect to pay his or her fine directly to the
1560	governmental entity that issued the citation, within 30 days
1561	after the date of issuance of the citation. Any person cited for
1562	a violation of s. 316.1001 who does not elect to pay the fine
1563	directly to the governmental entity that issued the citation as
1564	described in this section shall have an additional 45 days after
1565	the date of the issuance of the citation in which to pay the
1566	civil penalty and delinquent fee, if applicable, as provided in
1567	s. 318.18(7), either by mail or in person, in accordance with
1568	subsection (4).
1569	Section 17. Effective October 1, 2003, section 330.27,
1570	Florida Statutes, is amended to read:
1571	330.27 Definitions, when used in ss. 330.29-330.36,
1572	330.38, 330.39.--
1573	(1) "Aircraft" means a powered or unpowered machine or
1574	device capable of atmospheric flightany motor vehicle or
1575	contrivance now known, or hereafter invented, which is used or
1576	designed for navigation of or flight in the air, except a
1577	parachute or other such devicecontrivance designed for such
1578	navigation butused primarily as safety equipment.
1579	(2) "Airport" means anany area of land or water, or any
1580	manmade object or facility located thereon, which is used for,
1581	or intended to be used for,use, for thelanding and takeoff of
1582	aircraft, includingand any appurtenant areas,which are used,
1583	or intended for use, for airport buildings,or other airport
1584	facilities, or rights-of-way necessary to facilitate such use or
1585	intended use, together with all airport buildings and facilities
1586	located thereon.
1587	(3) "Airport hazard" means any structure, object of
1588	natural growth, or use of land which obstructs the airspace
1589	required for the flight of aircraft in landing or taking off at
1590	an airport or which is otherwise hazardous to such landing or
1591	taking off.
1592	(4) "Aviation" means the science and art of flight and
1593	includes, but is not limited to, transportation by aircraft; the
1594	operation, construction, repair, or maintenance of aircraft,
1595	aircraft power plants, and accessories, including the repair,
1596	packing, and maintenance of parachutes; the design,
1597	establishment, construction, extension, operation, improvement,
1598	repair, or maintenance of airports or other air navigation
1599	facilities; and instruction in flying or ground subjects
1600	pertaining thereto.
1601	(3)(5)"Department" means the Department of
1602	Transportation.
1603	(4)(6) "Limited airport" means anyan airport, publicly or
1604	privately owned,limited exclusively to the specific conditions
1605	stated on the site approval order or license.
1606	(7) "Operation of aircraft" or "operate aircraft" means
1607	the use, navigation, or piloting of aircraft in the airspace
1608	over this state or upon any airport within this state.
1609	(8) "Political subdivision" means any county,
1610	municipality, district, port or aviation commission or
1611	authority, or similar entity authorized to establish or operate
1612	an airport in this state.
1613	(5)(9)"Private airport" means an airport, publicly or
1614	privately owned, which is not open or available for use by the
1615	public,used primarily by the licensee but may be madewhich is
1616	available to othersfor use by invitation of the owner or
1617	managerlicensee. Services may be provided if authorized by the
1618	department.
1619	(6)(10)"Public airport" means an airport, publicly or
1620	privately owned, which meets minimum safety and service
1621	standards andis open for use by the public.
1622	(7)(11) "Temporary airport" means anyan airport, publicly
1623	or privately owned, that will be used for a period of less than
1624	3090days with no more than 10 operations per day.
1625	(8)(12) "Ultralight aircraft" means any heavier-than-air,
1626	motorized aircraft meetingwhich meets the criteria for maximum
1627	weight, fuel capacity, and airspeed established for such
1628	aircraft by the Federal Aviation Administration underPart 103
1629	of the Federal Aviation Regulations.
1630	Section 18. Effective October 1, 2003, section 330.29,
1631	Florida Statutes, is amended to read:
1632	330.29 Administration and enforcement; rules; requirements
1633	standardsfor airport sites and airports.--It is the duty of the
1634	department to:
1635	(1) Administer and enforce the provisions of this chapter.
1636	(2) Establish requirements for airport site approval,
1637	licensure, and registrationminimum standards for airport sites
1638	and airports under its licensing jurisdiction.
1639	(3) Establish and maintain a state aviation facility data
1640	system to facilitate licensing and registration of all airports.
1641	(4)(3)Adopt rules pursuant to ss. 120.536(1) and 120.54
1642	to implement the provisions of this chapter.
1643	Section 19. Effective October 1, 2003, section 330.30,
1644	Florida Statutes, is amended to read:
1645	330.30 Approval of airport sites; registration and
1646	licensurelicensing of airports; fees.--
1647	(1) SITE APPROVALS; REQUIREMENTS, FEES,EFFECTIVE PERIOD,
1648	REVOCATION.--
1649	(a) Except as provided in subsection (3), the owner or
1650	lessee of any proposed airport shall, prior to sitethe
1651	acquisition of the site or prior to theconstruction or
1652	establishment of the proposed airport, obtain approval of the
1653	airport site from the department. Applications for approval of a
1654	site and for an original license shall be jointly made inona
1655	form and manner prescribed by the department and shall be
1656	accompanied by a site approval fee of $100. The department,
1657	after inspection of the airport site,shall grant the site
1658	approval if it is satisfied:
1659	1. That the site hasis adequate area allocated for the
1660	airport as proposed.airport;
1661	2. That the proposed airport, if constructed or
1662	established, will conform to licensing or registration
1663	requirementsminimum standards of safety and will comply with
1664	the applicable local government land development regulations or
1665	county or municipal zoning requirements.;
1666	3. That all affectednearby airports, local governments
1667	municipalities, and property owners have been notified and any
1668	comments submitted by them have been given adequate
1669	consideration.; and
1670	4. That safe air-traffic patterns can be established
1671	worked out for the proposed airport withand forall existing
1672	airports and approved airport sites in its vicinity.
1673	(b) Site approval shall be granted for public airports
1674	only after a favorable department inspection of the proposed
1675	site.
1676	(c) Site approval shall be granted for private airports
1677	only after receipt of documentation in a form and manner the
1678	department deems necessary to satisfy the conditions in
1679	paragraph (a).
1680	(d)(b)Site approval may be granted subject to any
1681	reasonable conditions which the department deemsmay deem
1682	necessary to protect the public health, safety, or welfare.
1683	(e)Such Approval shall remain validin effect for a
1684	period of 2 years after the date of issueissuance of the site
1685	approval order, unless sooner revoked by the department or
1686	unless, prior to the expiration of the 2-year period, a public
1687	airport license is issued or private airport registration
1688	completedfor an airport located on the approved site has been
1689	issued pursuant to subsection (2) prior to the expiration date.
1690	(f) The department may extend a site approval may be
1691	extended for subsequent periods of 2 years per extension fora
1692	maximum of 2 years upon good cause shown by the owner or lessee
1693	of the airport site.
1694	(g)(c) The department may revoke a sitesuchapproval if
1695	it determines:
1696	1. That there has been an abandonment of the site has been
1697	abandonedas an airport site;
1698	2. That there has been a failure within a reasonable time
1699	to develop the site has not been developed as an airport within
1700	a reasonable time period or development does nottocomply with
1701	the conditions of the siteapproval;
1702	3. That, except as required for in-flight emergencies,the
1703	operation of aircraft have operatedof a nonemergency nature has
1704	occurredon the site; or
1705	4. That, because of changed physical or legal conditions
1706	or circumstances, the site is no longer usable for theaviation
1707	purposes due to physical or legal changes in conditions that
1708	were the subject of thefor which the approval wasgranted.
1709	(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
1710	RENEWAL, REVOCATION.--
1711	(a) Except as provided in subsection (3), the owner or
1712	lessee of anyan airport in this state shall have either a
1713	public airportmust obtain a license or private airport
1714	registration prior to the operation of aircraft to or from the
1715	facilityon the airport. An Application for asuch license or
1716	registration shall be made inon a form and mannerprescribed by
1717	the department and shall be accomplished jointly with an
1718	application for site approval. Upon granting site approval:,
1719	making a favorable final airport inspection report indicating
1720	compliance with all license requirements, and receiving the
1721	appropriate license fee, the department shall issue a license to
1722	the applicant, subject to any reasonable conditions that the
1723	department may deem necessary to protect the public health,
1724	safety, or welfare.
1725	1. For a public airport, the department shall issue a
1726	license after a final airport inspection finds the facility to
1727	be in compliance with all requirements for the license. The
1728	license may be subject to any reasonable conditions that the
1729	department may deem necessary to protect the public health,
1730	safety, or welfare.
1731	2. For a private airport, the department shall provide
1732	controlled electronic access to the state aviation facility data
1733	system to permit the applicant to complete the registration
1734	process. Registration shall be completed upon self-certification
1735	by the registrant of operational and configuration data deemed
1736	necessary by the department.
1737	(b) The department mayis authorized to license a public
1738	an airport that does not meet all of the minimumstandards only
1739	if it determines that such exception is justified by unusual
1740	circumstances or is in the interest of public convenience and
1741	does not endanger the public health, safety, or welfare. Such a
1742	license shall bear the designation "special" and shall state the
1743	conditions subject to which the license is granted.
1744	(c) The department may license a public airport or a
1745	private airport may registerauthorize a siteas a temporary
1746	airport providedif it finds, after inspection of the site,that
1747	the airport will not endanger the public health, safety, or
1748	welfare and the airport meets the temporary airport requirements
1749	established by the department. A temporary airport license or
1750	registration shall be valid for lessSuch authorization shall
1751	expire not later than 3090 days after issuanceand is not
1752	renewable.
1753	(d) The license fees for the four categories of airport
1754	licenses are:
1755	1. Public airport: $100.
1756	2. Private airport: $70.
1757	3. Limited airport: $50.
1758	4. Temporary airport: $25.
1759
1760	Airports owned or operated by the state, a county, or a
1761	municipality and emergency helistops operated by licensed
1762	hospitals are required to be licensed but are exempt from the
1763	payment of site approval fees and annual license fees.
1764	(d)(e)1. Each public airport license shallwillexpire no
1765	later than 1 year after the effective date of the license,
1766	except that the expiration date of a license may be adjusted to
1767	provide a maximum license period of 18 months to facilitate
1768	airport inspections, recognize seasonal airport operations, or
1769	improve administrative efficiency. If the expiration date for a
1770	public airport is adjusted, the appropriate license fee shall be
1771	determined by prorating the annual fee based on the length of
1772	the adjusted license period.
1773	2. RegistrationThe license period for privateall
1774	airports shall remain valid provided specific elements of
1775	airport data, established by the department, are periodically
1776	recertified by the airport registrant. The ability to recertify
1777	private airport registration data shall be available at all
1778	times by electronic submittal. A private airport registration
1779	that has not been recertified in the 24-month period following
1780	the last certification shall expire, unless the registration
1781	period has been adjusted by the department for purposes of
1782	informing private airport owners of their registration
1783	responsibilities or promoting administrative efficiency. The
1784	expiration date of the current registration period will be
1785	clearly identifiable from the state aviation facility data
1786	systemother than public airports will be set by the department,
1787	but shall not exceed a period of 5 years. In determining the
1788	license period for such airports, the department shall consider
1789	the number of based aircraft, the airport location relative to
1790	adjacent land uses and other airports, and any other factors
1791	deemed by the department to be critical to airport operation and
1792	safety.
1793	3. The effective date and expiration date shall be shown
1794	on public airport licensesstated on the face of the license.
1795	Upon receiving an application for renewal of an airporta
1796	license inon a form and manner prescribed by the department and
1797	receiving, makinga favorable inspection report indicating
1798	compliance with all applicable requirements and conditions, and
1799	receiving the appropriate annual license fee, the department
1800	shall renew the license, subject to any conditions deemed
1801	necessary to protect the public health, safety, or welfare.
1802	4. The department may require a new site approval for any
1803	an airport if the license or registrationof the airport has
1804	expirednot been renewed by the expiration date.
1805	5. If the renewal application for a public airport license
1806	hasand fees have not been received by the department or no
1807	private airport registration recertification has been
1808	accomplished within 15 days after the date of expiration of the
1809	license, the department may revokeclose the airport license or
1810	registration.
1811	(e)(f) The department may revoke, or refuse to allow or
1812	issue, any airport registration or recertification, or any
1813	license or license renewal thereof, or refuse to issue a
1814	renewal, if it determines:
1815	1. That the sitethere has been abandoned as an
1816	abandonment of the airport as such;
1817	2. That the airport does notthere has been a failure to
1818	comply with the conditions of the license, licenseor renewal,
1819	or site approvalthereof; or
1820	3. That, because of changed physical or legal conditions
1821	or circumstances,the airport has become either unsafe or
1822	unusable for flight operation due to physical or legal changes
1823	in conditions that were the subject of approvalthe aeronautical
1824	purposes for which the license or renewal was issued.
1825	(3) EXEMPTIONS.--The provisions of this section do not
1826	apply to:
1827	(a) An airport owned or operated by the United States.
1828	(b) An ultralight aircraft landing area; except that any
1829	public ultralight airport located more thanwithin5 nautical
1830	miles from aof another public airport or military airport,
1831	exceptorany ultralight landing area with more than 10
1832	ultralight aircraft operating atfrom the site is subject to the
1833	provisions of this section.
1834	(c) A helistop used solely in conjunction with a
1835	construction project undertaken pursuant to the performance of a
1836	state contract if the purpose of the helicopter operations at
1837	the site is to expedite construction.
1838	(d) An airport under the jurisdiction or control of a
1839	county or municipal aviation authority or a county or municipal
1840	port authority or the Florida Space Authority; however, the
1841	department shall license any such airport if such authority does
1842	not elect to exercise its exemption under this subsection.
1843	(d)(e)A helistop used by mosquito control or emergency
1844	services, not to include areas where permanent facilities are
1845	installed, such as hospital landing sites.
1846	(e)(f)An airport which meets the criteria of s.
1847	330.27(7)(11)used exclusively for aerial application or
1848	spraying of crops on a seasonal basis, not to include any
1849	licensed airport where permanent crop aerial application or
1850	spraying facilities are installed, if the period of operation
1851	does not exceed 30 days per calendar year. Such proposed
1852	airports, which will be located within 3 miles of existing
1853	airports or approved airport sites, shall establishwork out
1854	safe air-traffic patterns with such existing airports or
1855	approved airport sites, by memorandums of understanding, or by
1856	letters of agreement between the parties representing the
1857	airports or sites.
1858	(f) Any body of water used for the takeoff and landing of
1859	aircraft, including any land, building, structure, or any other
1860	contrivance that facilitates private use or intended private
1861	use.
1862	(4) EXCEPTIONS.--Private airports with 10 or more based
1863	aircraft may request to be inspected and licensed by the
1864	department. Private airports licensed according to this
1865	subsection shall be considered private airports as defined in s.
1866	330.27(5) in all other respects.
1867	Section 20. Effective October 1, 2003, section 330.35,
1868	Florida Statutes, is amended to read:
1869	330.35 Airport zoning, approach zoneprotection.--
1870	(1) Nothing in ss. 330.29-330.36, 330.38, and 330.39 shall
1871	be construed to limit any right, power, or authority of the
1872	state or a political subdivision to regulate airport hazards by
1873	zoning.
1874	(2) Airports licensed for generalpublic use under the
1875	provisions of s. 330.30 are eligible for airport zoningapproach
1876	zone protection, and the procedure shall be the same as is
1877	prescribed in chapter 333.
1878	(3) The department is granted all powers conferred upon
1879	political subdivisions of this state by chapter 333 to regulate
1880	airport hazards at state-owned publicairports. The procedure
1881	shall be to form a joint zoning board with the political
1882	subdivision of the state in which the state-owned publicairport
1883	is located as prescribed in chapter 333.
1884	Section 21. Effective October 1, 2003, subsection (2) of
1885	section 330.36, Florida Statutes, is amended to read:
1886	330.36 Prohibition against county or municipal licensing
1887	of airports; regulation of seaplane landings.--
1888	(2) Upon adoption of zoning requirements in compliance
1889	with subsection (1),a municipality may prohibit or otherwise
1890	regulate, for specified public health and safety purposes, the
1891	landing of seaplanes in and upon any public waters of the state
1892	which are located within the limits or jurisdiction of, or
1893	bordering on, the municipality.
1894	Section 22. Subsection (8) of section 332.007, Florida
1895	Statutes, is amended to read:
1896	332.007 Administration and financing of aviation and
1897	airport programs and projects; state plan.--
1898	(8) Notwithstanding any other provision of law to the
1899	contrary, the department is authorized to provide operational
1900	and maintenance assistance to publicly owned public-use
1901	airports. Such assistance shall be to comply with enhanced
1902	federal security requirements or to address related economic
1903	impacts from the events of September 11, 2001. For projects in
1904	the current adopted work program, or projects added using the
1905	available budget of the department, airports may request the
1906	department change the project purpose in accordance with this
1907	provision notwithstanding the provisions of s. 339.135(7). For
1908	purposes of this subsection, the department may fund up to 100
1909	percent of eligible project costs that are not funded by the
1910	Federal Government. Prior to releasing any funds under this
1911	section, the department shall review and approve the expenditure
1912	plans submitted by the airport. The department shall inform the
1913	Legislature of any change that it approves under this
1914	subsection. This subsection shall expire on June 30, 20072004.
1915	Section 23. Subsections (37) and (38) are added to section
1916	334.03, Florida Statutes, to read:
1917	334.03 Definitions.--When used in the Florida
1918	Transportation Code, the term:
1919	(37) "511" or "511 services" means three-digit
1920	telecommunications dialing to access interactive voice response
1921	telephone traveler information services provided in the state as
1922	defined by the Federal Communications Commission in FCC Order
1923	No. 00-256, July 31, 2000.
1924	(38) "Interactive voice response" means a software
1925	application that accepts a combination of voice telephone input
1926	and touch-tone keypad selection and provides appropriate
1927	responses in the form of voice, fax, callback, e-mail, and other
1928	media.
1929	Section 24. Present subsection (31) of section 334.044,
1930	Florida Statutes, is renumbered as subsection (32), and a new
1931	subsection (31) is added to that section to read:
1932	334.044 Department; powers and duties.--The department
1933	shall have the following general powers and duties:
1934	(31) To provide oversight of traveler information systems
1935	that may include the provision of interactive voice response
1936	telephone systems accessible via the 511 number as assigned by
1937	the Federal Communications Commission for traveler information
1938	services. The department shall ensure that uniform standards and
1939	criteria for the collection and dissemination of traveler
1940	information are applied using interactive voice response
1941	systems.
1942	Section 25. Subsection (3) is added to section 334.071,
1943	Florida Statutes, to read:
1944	334.071 Legislative designation of transportation
1945	facilities.--
1946	(3) Erection of markers shall be contingent on the
1947	appropriate city or county commission passing a resolution in
1948	support of the particular honorary designation. If the bridge or
1949	road segment being designated is located in more than one city
1950	or county, resolutions supporting the designation must be passed
1951	by each affected local government prior to the erection of the
1952	markers.
1953	Section 26. Section 334.14, Florida Statutes, is amended
1954	to read:
1955	334.14 Employees of department who are required to be
1956	engineers.--Each employee performing engineering as defined in
1957	chapter 471 shall be registered in accordance with the
1958	provisions of chapter 471.
1959	(1) At a minimum, each of the following employees of the
1960	department must be a professional engineer registered under
1961	chapter 471:
1962	(a) The State Highway Engineer and the district secretary
1963	for each district, except that in lieu of engineering
1964	registration the district secretary for each district may hold
1965	an advanced degree in an appropriate related discipline such as
1966	a master of business administration.
1967	(b)1. The head of each office, or equivalent unit, of the
1968	department that is responsible for the design of transportation
1969	facilities.
1970	2. Any person who is employed or assigned by any such unit
1971	to be in responsible charge of an engineering project designed
1972	by the unit, regardless of whether such person is employed in
1973	the central office or in a field office.
1974	(c)1. The head of each office, or equivalent unit, of the
1975	department that is responsible for the construction of
1976	transportation facilities or materials testing.
1977	2. Any area or resident engineer who is in responsible
1978	charge of an engineering construction project.
1979	(d)1. The head of each office, or equivalent unit, of the
1980	department that is directly responsible for traffic operations
1981	or the maintenance of transportation facilities.
1982	2. The senior maintenance engineer assigned to a field
1983	office.
1984	3. The senior maintenance engineers in charge of the
1985	various area maintenance yards assigned to the field units.
1986	(2) As used in this section, the term "responsible charge"
1987	means the rendering of engineering judgment and decisions in the
1988	development of technical policy and programs or the direct
1989	control and personal supervision of work performed by himself or
1990	herself or by others over whom the person holds supervisory
1991	authority.
1992	(3) Any person holding the position of resident engineer
1993	of construction or senior maintenance engineer of a field unit
1994	on July 1, 1984, or the position of designer as identified in
1995	subparagraph (1)(b)2. on July 1, 1985, is not subject to the
1996	engineering registration requirement. However, when such person
1997	vacates his or her position, his or her replacement must comply
1998	with that requirement.
1999	(4) The department shall employ a district secretary for
2000	each transportation district whose duties shall be fixed by the
2001	department and who shall be responsible for the efficient
2002	operation and administration of that district.
2003	(5) In addition to the requirement for engineering
2004	registration in subsection (1), the department, in filling the
2005	positions described in this section, shall place emphasis on
2006	proven management ability and experience.
2007	Section 27. Section 334.60, Florida Statutes, is created
2008	to read:
2009	334.60 511 traveler information system.--
2010	(1) The department is the state's lead agency for
2011	implementing 511 services and is the state's point of contact
2012	for coordinating 511 services with telecommunications service
2013	providers. The department shall:
2014	(a) Implement and administer 511 services in the state;
2015	(b) Coordinate with other transportation authorities in
2016	the state to provide multimodal traveler information through 511
2017	services and other means;
2018	(c) Develop uniform standards and criteria for the
2019	collection and dissemination of traveler information using the
2020	511 number or other interactive voice response systems; and
2021	(d) Enter into joint participation agreements or contracts
2022	with highway authorities and public transit districts to share
2023	the costs of implementing and administering 511 services in the
2024	state. The department may also enter into other agreements or
2025	contracts with private firms relating to the 511 services to
2026	offset the costs of implementing and administering 511 services
2027	in the state.
2028
2029	The department shall adopt rules to administer the coordination
2030	of 511 traveler information phone services in the state.
2031	Section 28. Subsection (4) is added to section 335.02,
2032	Florida Statutes, to read:
2033	335.02 Authority to designate transportation facilities
2034	and rights-of-way and establish lanes; procedure for
2035	redesignation and relocation.--
2036	(4) Notwithstanding any general law or special act,
2037	regulations of any county, municipality, or special district,
2038	including any instrumentality thereof, shall not apply to
2039	existing or future transportation facilities, or appurtenances
2040	thereto, on the State Highway System.
2041	Section 29. Section 336.467, Florida Statutes, is amended
2042	to read:
2043	336.467 County-state right-of-way acquisition
2044	agreements.--A county or other governmental entitymay enter
2045	into an agreement with the department to provide for the
2046	department to acquire rights-of-way for the county or other
2047	governmental entity, provided the highway project is to be
2048	funded by the 80-percent portion of the constitutional gas tax
2049	allocated to that county and requires the acquisition of at
2050	least 10 parcels of land, the total cost of which will equal or
2051	exceed $100,000.
2052	Section 30. Subsection (16) is added to section 337.11,
2053	Florida Statutes, to read:
2054	337.11 Contracting authority of department; bids;
2055	emergency repairs, supplemental agreements, and change orders;
2056	combined design and construction contracts; progress payments;
2057	records; requirements of vehicle registration.--
2058	(16) Department procurements under this section are exempt
2059	from the transaction fees imposed by contract, rule, or statute
2060	for MyFloridaMarketPlace.com or any successor Internet
2061	procurement system.
2062	Section 31. Subsections (1), (4), and (7) of section
2063	337.14, Florida Statutes, are amended to read:
2064	337.14 Application for qualification; certificate of
2065	qualification; restrictions; request for hearing.--
2066	(1) Any person desiring to bid for the performance of any
2067	construction contract in excess of $250,000 which the department
2068	proposes to let must first be certified by the department as
2069	qualified pursuant to this section and rules of the department.
2070	The rules of the department shall address the qualification of
2071	persons to bid on construction contracts in excess of $250,000
2072	and shall include requirements with respect to the equipment,
2073	past record, experience, financial resources, and organizational
2074	personnel of the applicant necessary to perform the specific
2075	class of work for which the person seeks certification. The
2076	department is authorized to limit the dollar amount of any
2077	contract upon which a person is qualified to bid or the
2078	aggregate total dollar volume of contracts such person is
2079	allowed to have under contract at any one time. Each applicant
2080	seeking qualification to bid on construction contracts in excess
2081	of $250,000 shall furnish the department a statement under oath,
2082	on such forms as the department may prescribe, setting forth
2083	detailed information as required on the application. Each
2084	application for certification shall be accompanied by the latest
2085	annual financial statement of the applicant completed within the
2086	last 12 months. If the annual financial statement shows the
2087	financial condition of the applicant more than 4 months prior to
2088	the date on which the application is received by the department,
2089	then an interim financial statement must also be submitted. The
2090	interim financial statement must cover the period from the end
2091	date of the annual statement and must show the financial
2092	condition of the applicant no more than 4 months prior to the
2093	date on which the application is received by the department.
2094	Each required annual or interim financial statement must be
2095	audited and accompanied by the opinion of a certified public
2096	accountant or a public accountant approved by the department.
2097	The information required by this subsection is confidential and
2098	exempt from the provisions of s. 119.07(1). The department
2099	shall act upon the application for qualification within 30 days
2100	after the department determines that the application is complete
2101	it is presented.
2102	(4) If the applicant is found to possess the prescribed
2103	qualifications, the department shall issue to him or her a
2104	certificate of qualification that, unless thereafter revoked by
2105	the department for good cause, will be valid for a period of 18
2106	months after the date of the applicant's financial statement or
2107	such shorter period as the department prescribes. Submission of
2108	an application shall not affect expiration of the certificate of
2109	qualification.If the department finds that an application is
2110	incomplete or contains inadequate information or information
2111	that cannot be verified, the department may request in writing
2112	that the applicant provide the necessary information to complete
2113	the application or provide the source from which any information
2114	in the application may be verified. If the applicant fails to
2115	comply with the initial written request within a reasonable
2116	period of time as specified therein, the department shall
2117	request the information a second time. If the applicant fails to
2118	comply with the second request within a reasonable period of
2119	time as specified therein, the application shall be denied.
2120	(7) No "contractor" as defined in s. 337.165(1)(d) or his
2121	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
2122	the department under this section may also qualify under s.
2123	287.055 or s. 337.105 to provide testing services,construction,
2124	engineering, and inspection services to the department. This
2125	limitation shall not apply to any design-build prequalification
2126	under s. 337.11(7).
2127	Section 32. Section 337.18, Florida Statutes, is amended
2128	to read:
2129	337.18 Surety bonds for construction or maintenance
2130	contracts; requirement with respect to contract award; bond
2131	requirements;defaults; damage assessments.--
2132	(1)(a)A surety bond shall be required of the successful
2133	bidder in an amount equal to the awarded contract price. For a
2134	project for which the contract price is $150,000 or less, the
2135	department may waive the requirement for all or a portion of a
2136	surety bond if it determines the project is of a noncritical
2137	nature and nonperformance will not endanger public health,
2138	safety, or property. The department may require alternate means
2139	of security if a surety bond is waived. The surety on such bond
2140	shall be a surety company authorized to do business in the
2141	state. All bonds shall be payable to the department and
2142	conditioned for the prompt, faithful, and efficient performance
2143	of the contract according to plans and specifications and within
2144	the time period specified, and for the prompt payment of all
2145	persons defined in s. 713.01furnishing labor, material,
2146	equipment, and supplies for work provided in the contract
2147	therefor; however, whenever an improvement, demolition, or
2148	removal contract price is $25,000 or less, the security may, in
2149	the discretion of the bidder, be in the form of a cashier's
2150	check, bank money order of any state or national bank, certified
2151	check, or postal money order. The department shall adopt rules
2152	to implement this subsection. Such rules shall include
2153	provisions under which the department shall refuse to accept
2154	bonds on contracts when a surety wrongfully fails or refuses to
2155	settle or provide a defense for claims or actions arising under
2156	a contract for which the surety previously furnished a bond.
2157	(b) Upon execution of the contract, and prior to beginning
2158	any work under the contract, the contractor shall record in the
2159	public records of the county where the improvement is located
2160	the payment and performance bond required under this section. A
2161	claimant shall have a right of action against the contractor and
2162	surety for the amount due him or her, including unpaid finance
2163	charges due under the claimant's contract. Such action shall not
2164	involve the department in any expense.
2165	(c) A claimant, except a laborer, who is not in privity
2166	with the contractor shall, before commencing or not later than
2167	90 days after commencing to furnish labor, materials, or
2168	supplies for the prosecution of the work, furnish the contractor
2169	with a notice that he or she intends to look to the bond for
2170	protection. A claimant who is not in privity with the contractor
2171	and who has not received payment for his or her labor,
2172	materials, or supplies shall deliver to the contractor and to
2173	the surety written notice of the performance of the labor or
2174	delivery of the materials or supplies and of the nonpayment. The
2175	notice of nonpayment may be served at any time during the
2176	progress of the work or thereafter but not before 45 days after
2177	the first furnishing of labor, services, or materials, and not
2178	later than 90 days after the final furnishing of the labor,
2179	services, or materials by the claimant or, with respect to
2180	rental equipment, not later than 90 days after the date that the
2181	rental equipment was last on the job site available for use. An
2182	action by a claimant, except a laborer, who is not in privity
2183	with the contractor for the labor, materials, or supplies may
2184	not be instituted against the contractor or the surety unless
2185	both notices have been given. Notices required or permitted
2186	under this section may be served in any manner provided in s.
2187	713.18.
2188	(d) An action must be instituted by a claimant, whether in
2189	privity with the contractor or not, against the contractor or
2190	the surety on the payment bond or the payment provisions of a
2191	combined payment and performance bond within 365 days after the
2192	final acceptance of the contract work by the department. A
2193	claimant may not waive in advance his or her right to bring an
2194	action under the bond against the surety. In any action brought
2195	to enforce a claim against a payment bond under this section,
2196	the prevailing party is entitled to recover a reasonable fee for
2197	the services of his or her attorney for trial and appeal or for
2198	arbitration, in an amount to be determined by the court, which
2199	fee must be taxed as part of the prevailing party's costs, as
2200	allowed in equitable actions.
2201	(e) When a contractor has furnished a payment bond
2202	pursuant to this section, he or she may, when the department
2203	makes any payment to the contractor, serve a written demand on
2204	any claimant who is not in privity with the contractor for a
2205	written statement under oath of his or her account showing the
2206	nature of the labor or services performed to date, if any; the
2207	materials furnished; the materials to be furnished, if known;
2208	the amount paid on account to date; the amount due; and the
2209	amount to become due, if known, as of the date of the statement
2210	by the claimant. Any such demand to a claimant who is not in
2211	privity with the contractor must be served on the claimant at
2212	the address and to the attention of any person who is designated
2213	to receive the demand in the notice to the contractor served by
2214	the claimant. The failure or refusal to furnish the statement
2215	does not deprive the claimant of his or her rights under the
2216	bond if the demand is not served at the address of the claimant
2217	or directed to the attention of the person designated to receive
2218	the demand in the notice to contractor. The failure to furnish
2219	the statement within 60 days after the demand, or the furnishing
2220	of a false or fraudulent statement, deprives the claimant who
2221	fails to furnish the statement, or who furnishes the false or
2222	fraudulent statement, of his or her rights under the bond. If
2223	the contractor serves more than one demand for statement of
2224	account on a claimant and none of the information regarding the
2225	account has changed since the claimant's last response to a
2226	demand, the failure or refusal to furnish such statement does
2227	not deprive the claimant of his or her rights under the bond.
2228	The negligent inclusion or omission of any information deprives
2229	the claimant of his or her rights under the bond to the extent
2230	that the contractor can demonstrate prejudice from such act or
2231	omission by the claimant. The failure to furnish a response to a
2232	demand for statement of account does not affect the validity of
2233	any claim on the bond being enforced in a lawsuit filed before
2234	the date the demand for statement of account is received by the
2235	claimant.
2236	(f) The bonds provided for in this section are statutory
2237	bonds. The provisions of s. 255.05 are not applicable to bonds
2238	issued pursuant to this section.
2239	(2) The department shall provide in its contracts for the
2240	determination of default on the part of any contractor for cause
2241	attributable to such contractor. The department shall have no
2242	liability for anticipated profits for unfinished work on a
2243	contract which has been determined to be in default. Every
2244	contract let by the department for the performance of work shall
2245	contain a provision for payment to the department by the
2246	contractor of liquidated damages due to failure of the
2247	contractor to complete the contract work within the time
2248	stipulated in the contract or within such additional time as may
2249	have been granted by the department. The contractual provision
2250	shall include a reasonable estimate of the damages that would be
2251	incurred by the department as a result of such failure. The
2252	department shall establish a schedule of daily liquidated damage
2253	charges, based on original contract amounts, for construction
2254	contracts entered into by the department, which schedule shall
2255	be incorporated by reference into the contract. The department
2256	shall update the schedule of liquidated damages at least once
2257	every 2 years, but no more often than once a year. The schedule
2258	shall, at a minimum, be based on the average construction,
2259	engineering, and inspection costs experienced by the department
2260	on contracts over the 2 preceding fiscal years. The schedule
2261	shall also include anticipated costs of project-related delays
2262	and inconveniences to the department and traveling public.
2263	Anticipated costs may include, but are not limited to, road user
2264	costs, a portion of the projected revenues that will be lost due
2265	to failure to timely open a project to revenue-producing
2266	traffic, costs resulting from retaining detours for an extended
2267	time, and other similar costs. Any such liquidated damages paid
2268	to the department shall be deposited to the credit of the fund
2269	from which payment for the work contracted was authorized.
2270	(3) In addition to the provision for payment to the
2271	department by the contractor of liquidated damages due to the
2272	failure of the contractor to complete the project within the
2273	time stipulated in the contract or within such additional time
2274	as may have been granted by the department, the department may
2275	also recover from the contractor amounts paid by the department
2276	for damages suffered by third parties as a result of the
2277	contractor's failure to complete the project within the time
2278	stipulated in the contract or within such additional time as may
2279	have been granted by the department, unless the failure to
2280	timely complete the project was caused by the department's act
2281	or omission. However, nothing herein shall create a cause of
2282	action against the department, or against a contractor by an
2283	abutting property owner or business entity, where none has
2284	previously existed.
2285	(4)(a) If the department determines and adequately
2286	documents that the timely completion of any project will provide
2287	a substantial benefit to the public health, safety, or welfare;
2288	will limit the disruptive effect of construction on the
2289	community; or is cost beneficial on a revenue-producing project,
2290	the contract for such project may provide for an incentive
2291	payment payable to the contractor for early completion of the
2292	project or critical phases of the work and for additional
2293	damages to be assessed against the contractor for the completion
2294	of the project or critical phases of the work in excess of the
2295	time specified. All contracts containing such provisions shall
2296	be approved by the head of the department or his or her
2297	designee. The amount of such incentive payment or such
2298	additional damages shall be established in the contract based on
2299	an analysis of the cost savings to the traveling public or
2300	revenue projections for a revenue-producing projectbut shall
2301	not exceed $10,000 per calendar day, except that for revenue-
2302	producing projects the amounts and periods of the incentive may
2303	be greater if an analysis indicates that additional revenues
2304	projected to be received upon completion of the project will
2305	exceed the cost of the incentive payments. Any liquidated
2306	damages provided for under subsection (2) and any additional
2307	damages provided for under this subsection shall be payable to
2308	the department because of the contractor's failure to complete
2309	the contract work within the time stipulated in the contract or
2310	within such additional time as may have been granted by the
2311	department.
2312	(b) The department shall adopt rules to implement this
2313	subsection. Such rules shall include procedures and criteria for
2314	the selection of projects on which incentive payments and
2315	additional damages may be provided for by contract.
2316	(5) Such bonds shall be subject to the additional
2317	obligation that the principal and surety executing the same
2318	shall be liable to the state in a civil action instituted by the
2319	department or any officer of the state authorized in such cases,
2320	for double any amount in money or property the state may lose or
2321	be overcharged or otherwise defrauded of, by reason of any
2322	wrongful or criminal act, if any, of the contractor, the
2323	contractor's agent, or employees.
2324	Section 33. Subsection (1) of section 337.401, Florida
2325	Statutes, is amended to read:
2326	337.401 Use of right-of-way for utilities subject to
2327	regulation; permit; fees.--
2328	(1) The department and local governmental entities,
2329	referred to in ss. 337.401-337.404 as the "authority," that have
2330	jurisdiction and control of public roads or publicly owned rail
2331	corridors are authorized to prescribe and enforce reasonable
2332	rules or regulations with reference to the placing and
2333	maintaining along, across, or on any road or publicly owned rail
2334	corridors under their respective jurisdictions any electric
2335	transmission, telephone, telegraph, or other communications
2336	services lines; pole lines; poles; railways; ditches; sewers;
2337	water, heat, or gas mains; pipelines; fences; gasoline tanks and
2338	pumps; or other structures hereinafter referred to as the
2339	"utility." The department may enter into a permit-delegation
2340	agreement with a governmental entity if issuance of a permit is
2341	based on requirements that the department finds will ensure the
2342	safety and integrity of facilities of the Department of
2343	Transportation.
2344	Section 34. Subsection (3) of section 338.165, Florida
2345	Statutes, is amended to read:
2346	338.165 Continuation of tolls.--
2347	(3) Notwithstanding any other law to the contrary,
2348	pursuant to s. 11, Art. VII of the State Constitution, and
2349	subject to the requirements of subsection(2), the Department of
2350	Transportation may request the Division of Bond Finance to issue
2351	bonds secured by toll revenues collected on the Alligator Alley,
2352	Sunshine Skyway Bridge, Beeline-East Expressway, and Pinellas
2353	Bayway to fund transportation projects located within the county
2354	or counties in which the facility is located andcontained in
2355	the 1993-1994 Adopted Work Program or in any subsequentadopted
2356	work program of the department.
2357	Section 35. Paragraph (b) of subsection (1) of section
2358	338.2216, Florida Statutes, is amended to read:
2359	338.2216 Florida Turnpike Enterprise; powers and
2360	authority.--
2361	(1)
2362	(b) It is the express intention of this part thatThe
2363	Florida Turnpike Enterprise isbeauthorized to plan, develop,
2364	own, purchase, lease, or otherwise acquire, demolish, construct,
2365	improve, relocate, equip, repair, maintain, operate, and manage
2366	the Florida Turnpike System; to expend funds to publicize,
2367	advertise, and promote the advantages of using the turnpike
2368	system and its facilities; and to cooperate, coordinate,
2369	partner, and contract with other entities, public and private,
2370	to accomplish these purposes.
2371	Section 36. Subsection (2) of section 338.235, Florida
2372	Statutes, is amended to read:
2373	338.235 Contracts with department for provision of
2374	services on the turnpike system.--
2375	(2) In order to secure high-quality products, business
2376	opportunities, and services on the turnpike system, products,
2377	business opportunities, and services authorized by s. 338.234
2378	may be secured by competitive solicitationfor turnpike patrons,
2379	products and services authorized by s. 338.234(1) may be secured
2380	through the request-for-proposal process. If the department
2381	receives an unsolicited proposal for products, business
2382	opportunities, or services that it wishes to consider, it shall
2383	publish a notice in a newspaper of general circulation at least
2384	once a week for 2 weeks, or may broadcast such notice by
2385	electronic media for 2 weeks, stating that it has received a
2386	proposal and will accept other proposals on the same subject for
2387	30 days after the date of publication. The department may select
2388	offers thatthe proposal and fee whichbest satisfy the
2389	conditions of a quality service, business opportunity, orand
2390	product operationfor the turnpike system. The factors to be
2391	used in evaluating proposals include, but are not limited to:
2392	(a) The financial capacity of the provider;
2393	(b) The willingness to contribute toward the cost of
2394	facility construction;
2395	(c) The type and quality of the service or product
2396	offered;
2397	(d) The price structure of the service or product offered;
2398	(e) Management experience and capabilities;
2399	(f) The national brand names offered;
2400	(g) The originality of the concept and its relationship to
2401	the turnpike system;
2402	(h) The lease rate; and
2403	(i) Other factors that the department may deem pertinent.
2404	Section 37. Chapter 339, Florida Statutes, is designated
2405	as part I of said chapter, and part II, consisting of sections
2406	339.61, 339.62, 339.63, and 339.64, is created to read:
2407	PART II
2408	FLORIDA STRATEGIC INTERMODAL SYSTEM
2409	339.61 Florida Strategic Intermodal System; legislative
2410	findings, declaration, and intent.--
2411	(1) There is hereby created the Florida Strategic
2412	Intermodal System.
2413	(2) The Legislature finds that increasing demands are
2414	continuing to be placed on the state's transportation system by
2415	a fast-growing economy, continued population growth, and
2416	projected increases in freight movement, international trade,
2417	and tourism. The Legislature also finds that the state's growing
2418	regional and intercity economic centers will increase the demand
2419	for interregional and intercity travel and that the evolving
2420	service-based and information-based industries will change the
2421	type of transportation system that business and industry demand,
2422	increasing the importance of speed and reliability. The
2423	Legislature further finds that the state's transportation system
2424	must be designed and operated in such a way that it preserves
2425	the abundance of natural and manmade amenities that have been so
2426	successful in attracting new residents, businesses, and tourists
2427	to this state. Therefore, the Legislature declares that the
2428	designation of a strategic intermodal system, composed of
2429	facilities and services of statewide and interregional
2430	significance, will efficiently serve the mobility needs of
2431	Florida's citizens, businesses, and visitors and will help
2432	Florida become a worldwide economic leader, enhance economic
2433	prosperity and competitiveness, enrich quality of life, and
2434	reflect responsible environmental stewardship. To that end, it
2435	is the intent of the Legislature that the Florida Strategic
2436	Intermodal System consist of transportation facilities that meet
2437	a strategic and essential state interest and that limited
2438	resources available for the implementation of statewide and
2439	interregional transportation priorities be focused on that
2440	system.
2441	339.62 System components.--The Florida Strategic
2442	Intermodal System shall consist of appropriate components of:
2443	(1) The Florida Intrastate Highway System established
2444	pursuant to s. 338.001.
2445	(2) The National Highway System.
2446	(3) Airport, seaport, and spaceport facilities.
2447	(4) Rail lines and rail facilities.
2448	(5) Selected intermodal facilities; passenger and freight
2449	terminals; and appropriate components of the State Highway
2450	System, county road system, city street system, and local public
2451	transit systems that serve as existing or planned connectors
2452	between the components listed in subsections (1)-(4).
2453	(6) Existing or planned corridors that serve a statewide
2454	or interregional purpose.
2455	339.63 System facilities designated; additions and
2456	deletions.--
2457	(1) The initial Florida Strategic Intermodal System shall
2458	include all facilities that meet the criteria recommended by the
2459	Strategic Intermodal Steering Committee in a report entitled
2460	"Steering Committee Final Report: Recommendations for
2461	Designating the Florida Strategic Intermodal System" dated
2462	December 2002.
2463	(2) Subsequent to the initial designation of the Florida
2464	Strategic Intermodal System pursuant to subsection (1), the
2465	Secretary of Transportation shall periodically add facilities to
2466	or delete facilities from the Florida Strategic Intermodal
2467	System based upon adopted criteria.
2468	339.64 Strategic Intermodal System Plan.--
2469	(1) The department, in cooperation with metropolitan
2470	planning organizations, regional planning councils, local
2471	governments, the Statewide Intermodal Transportation Advisory
2472	Council, and other transportation providers, shall develop a
2473	Strategic Intermodal System Plan. The plan shall be consistent
2474	with the Florida Transportation Plan developed pursuant to s.
2475	339.155 and shall be updated at least once every 5 years,
2476	subsequent to updates of the Florida Transportation Plan.
2477	(2) In association with the development of the initial
2478	Strategic Intermodal System Plan, the Florida Transportation
2479	Commission shall conduct an assessment of the need for an
2480	improved philosophical approach to regional and intermodal input
2481	in the planning for and governing of the Florida Strategic
2482	Intermodal System. The Florida Transportation Commission shall
2483	coordinate with the department, the Statewide Intermodal
2484	Transportation Advisory Council, and other appropriate entities
2485	when developing this assessment. The Florida Transportation
2486	Commission shall deliver a report to the Governor and
2487	Legislature by December 15, 2003, with recommendations as
2488	necessary to fully implement the Florida Strategic Intermodal
2489	System.
2490	(3) During the development of the Strategic Intermodal
2491	System Plan and the development of all subsequent updates, the
2492	department shall provide metropolitan planning organizations,
2493	regional planning councils, local governments, transportation
2494	providers, affected public agencies, and citizens with an
2495	opportunity to participate in and comment on the development of
2496	the proposed plan or update.
2497	(4) The Strategic Intermodal System Plan shall include the
2498	following:
2499	(a) A needs assessment.
2500	(b) A project prioritization process.
2501	(c) A map of facilities designated as Florida Strategic
2502	Intermodal System facilities and facilities that are emerging in
2503	importance that are likely to become part of the system in the
2504	future.
2505	(d) A finance plan based on reasonable projections of
2506	anticipated revenues, including both 10-year and 20-year cost-
2507	feasible components.
2508	Section 38. Section 339.1372, Florida Statutes, is created
2509	to read:
2510	339.1372 Transportation funding for intermodal funding.--
2511	(1) The Legislature finds that in order to meet the
2512	prevailing principles of enhancing Florida's economic
2513	competitiveness and improving travel choices to ensure mobility,
2514	major capital investments are required in transportation
2515	projects and economic development infrastructure that ensure the
2516	safe and efficient movement of goods, people, and services;
2517	assist local governments in developing intermodal linkages;
2518	promote logical linkages between different modes of
2519	transportation; attract federal, state, local, and private
2520	sector funds; and enhance the state's economy.
2521	(2) The department shall allocate $100 million annually
2522	from the former Transportation Outreach Program established
2523	under ss. 339.137 and 339.1371 to be used for projects in
2524	accordance with this section. In any year in which the State
2525	Transportation Trust Fund is required to transfer funds to the
2526	General Revenue Fund or other state trust funds, or in which
2527	existing revenue sources available to the department are
2528	temporarily or permanently reduced, this shall reduce the amount
2529	allocated to projects under this section in the impacted fiscal
2530	year up to the total available under this section. The projects
2531	shall be qualified and selected by the department and the
2532	Statewide Intermodal Transportation Advisory Council in
2533	accordance with the following requirements:
2534	(a) Seventy-five percent of the available funds under this
2535	section shall be for projects that are part of the Florida
2536	Strategic Intermodal System established in accordance with part
2537	II of this chapter with priority given to statewide
2538	transportation corridors established in s. 341.0532.
2539	(b) Twenty-five percent of the available funds under this
2540	section shall be for intermodal projects that are not part of
2541	the Florida Strategic Intermodal System but are part of the
2542	statewide transportation corridors established in s. 341.0532,
2543	including facilities that are emerging in importance that are
2544	likely to become part of the Florida Strategic Intermodal System
2545	in the future.
2546	(c) In any given year, the actual percentage of funds
2547	under paragraphs (a) and (b) may vary by up to 10 percent,
2548	provided that the total percentage over a 5-year period equals
2549	the percentage outlined in paragraphs (a) and (b).
2550	(d) Projects selected shall meet the following
2551	requirements prior to being included on the proposed list of
2552	projects:
2553	1. Projects that are not part of the State Highway System
2554	shall include a 25-percent match of the state funds from any
2555	combination of local or private funds or federal funds not
2556	designated for the department.
2557	2. Projects must be consistent with the Florida
2558	Transportation Plan and current transportation system plans,
2559	including, but not limited to, the Strategic Intermodal System
2560	Plan, the Florida Intrastate Highway System Plan, and aviation,
2561	rail, intermodal, seaport, spaceport, or transit system plans.
2562	3. The project phase will be production-ready in the year
2563	included in the proposed project list.
2564	4. The project must be consistent, to the maximum extent
2565	feasible, with applicable local metropolitan planning
2566	organization plans and local government comprehensive plans.
2567	(e) The department and the Statewide Intermodal
2568	Transportation Advisory Council shall consider, but are not
2569	limited to considering, the following criteria in the selection
2570	of projects to be included in the proposed list of projects:
2571	1. The demonstration that the project will encourage,
2572	enhance, or create economic benefits.
2573	2. The extent to which the project will provide for
2574	increased mobility and connectivity between the State Highway
2575	System and airports, seaports, rail facilities, and other
2576	transportation terminals and intermodal centers for the
2577	increased accessibility and movement of people and goods.
2578	3. Projects not on the State Highway System that include a
2579	matching percentage greater than 25 percent may be given
2580	priority over other projects.
2581	4. The extent to which the assistance would foster
2582	innovative public-private partnerships and attract private debt
2583	or equity investment.
2584	(3) The department shall develop and implement a process
2585	to solicit proposals for projects that are eligible to receive
2586	funding under this section. The process for 2003 shall include a
2587	solicitation for projects that can utilize funding in fiscal
2588	years 2004-2005 through 2008-2009. The department, after review
2589	and approval by the Governor, shall provide a list of proposed
2590	projects that totals 150 percent of the amount available under
2591	this section for fiscal years 2004-2005 through 2008-2009 to the
2592	Statewide Intermodal Transportation Advisory Council by November
2593	14, 2003. The Statewide Intermodal Transportation Advisory
2594	Council shall provide a report of comments and prioritized
2595	recommendations on the proposed list of projects for fiscal
2596	years 2004-2005 through 2008-2009 to the President of the Senate
2597	and the Speaker of the House of Representatives by January 16,
2598	2004. The Legislature shall approve the final list of projects
2599	up to the funding available under this section from the projects
2600	proposed by the department for fiscal year 2004-2005 in the
2601	General Appropriations Act. The President of the Senate and the
2602	Speaker of the House of Representatives shall jointly approve,
2603	in writing, a final list of projects for this section up to $100
2604	million per year by May 14, 2004, from the projects proposed by
2605	the department for fiscal years 2005-2006 through 2008-2009,
2606	subject to appropriation in subsequent General Appropriations
2607	Acts. Notwithstanding any other law to the contrary, the
2608	requirements of ss. 339.135, 339.155, and 339.175 shall not
2609	apply to projects funded in this section, and the department is
2610	directed to include the final list of approved projects in the
2611	Adopted Work Program, July 1, 2004.
2612	(4) In 2004 and each year thereafter, the department shall
2613	solicit projects for a new fifth year that totals 150 percent of
2614	the amount available under this section and, after review and
2615	approval by the Governor, present a list of proposed projects to
2616	the Statewide Intermodal Transportation Advisory Council at
2617	least 120 days prior to the start of the regular legislative
2618	session. The Statewide Intermodal Transportation Advisory
2619	Council shall provide a report of comments and prioritized
2620	recommendations on the proposed list of projects to the
2621	President of the Senate and the Speaker of the House of
2622	Representatives at least 60 days prior to the start of the
2623	regular legislative session. The President of the Senate and the
2624	Speaker of the House of Representatives shall jointly approve,
2625	in writing, a final list of projects up to $100 million by May
2626	15, 2005, and each May 15 thereafter from the projects proposed
2627	by the department in the new fifth year, subject to
2628	appropriation in subsequent General Appropriations Acts.
2629	Notwithstanding any other law to the contrary, the requirements
2630	of ss. 339.135, 339.155, and 339.175 shall not apply to projects
2631	funded in this section, and the department is directed to
2632	include the final list of approved projects in the fifth year of
2633	the Adopted Work Program, July 1 of that year.
2634	(5) There is created the Statewide Intermodal
2635	Transportation Advisory Council.
2636	(a) The Statewide Intermodal Transportation Advisory
2637	Council is created to advise and make recommendations to the
2638	Legislature and the department on policies, planning, and
2639	funding of intermodal transportation projects considered for
2640	funding under this section. The council's responsibilities shall
2641	include:
2642	1. Advising the department on the policies, planning, and
2643	implementation of strategies related to intermodal
2644	transportation and specific projects as outlined in this section
2645	to move people and goods in the most efficient and effective
2646	manner for the state.
2647	2. Providing advice and recommendations to the Legislature
2648	on funding for projects as outlined in this section that provide
2649	strategic investments to move goods and people in the most
2650	efficient and effective manner for the state.
2651	(b) Members of the Statewide Intermodal Transportation
2652	Advisory Council shall consist of the following:
2653	1. Five intermodal industry representatives selected by
2654	the Governor as follows:
2655	a. Two representatives from airports involved in the
2656	movement of freight and people from the airport facility to
2657	another transportation mode. In no event may both of the
2658	representatives be employed by the same company or airport.
2659	b. One representative from a fixed-route, local government
2660	transit system.
2661	c. One representative from an intercity bus company
2662	providing regularly scheduled bus travel as determined by
2663	federal regulations.
2664	d. One representative from a spaceport.
2665	2. Three intermodal industry representatives selected by
2666	the President of the Senate as follows:
2667	a. One representative from a major-line railroad.
2668	b. One representative from a seaport listed in s.
2669	311.09(1) from the Atlantic Coast.
2670	c. One representative from an intermodal trucking company.
2671	3. Three intermodal industry representatives selected by
2672	the Speaker of the House of Representatives as follows:
2673	a. One representative from a short-line railroad.
2674	b. One representative from a seaport listed in s.
2675	311.09(1) from the Gulf Coast.
2676	c. One representative from an intermodal trucking company.
2677	In no event may this representative be employed by the same
2678	company that employs the intermodal trucking company
2679	representative selected by the President of the Senate.
2680	(c) Initial appointments to the council must be made no
2681	later than 30 days after the effective date of this section.
2682	1. The council members initially appointed by the
2683	President of the Senate and the Speaker of the House of
2684	Representatives shall serve terms concurrent with those of the
2685	respective appointing officer. Beginning January 15, 2005, and
2686	for all subsequent appointments, council members appointed by
2687	the President of the Senate and the Speaker of the House of
2688	Representatives shall serve 2-year terms, concurrent with the
2689	term of the respective appointing officer.
2690	2. All council members appointed by the Governor shall
2691	serve 2-year terms.
2692	3. Vacancies on the council shall be filled in the same
2693	manner as the initial appointments.
2694	(d) Each member of the council shall be allowed one vote.
2695	The council shall select a chair from among its membership.
2696	Meetings shall be held at the call of the chair but not less
2697	frequently than quarterly. The members of the council shall be
2698	reimbursed for per diem and travel expenses as provided in s.
2699	112.061.
2700	(e) The department shall provide administrative staff
2701	support and shall ensure that council meetings are
2702	electronically recorded. Such recordings and all documents
2703	received, prepared for, or used by the council in conducting its
2704	business shall be preserved pursuant to chapters 119 and 257.
2705	Section 39. Section 341.0532, Florida Statutes, is created
2706	to read:
2707	341.0532 Statewide transportation corridors.--
2708	(1) "Statewide transportation corridor" means a system of
2709	transportation infrastructure that collectively provides for the
2710	efficient movement of significant volumes of intrastate,
2711	interstate, and international commerce by seamlessly linking
2712	multiple modes of transport.
2713	(2) Florida's statewide transportation corridors are:
2714	(a) The Atlantic Coast Corridor, from Jacksonville to
2715	Miami, including Interstate 95.
2716	(b) The Gulf Coast Corridor, from Pensacola to St.
2717	Petersburg and to Tampa including U.S. Route 98 and U.S. Route
2718	19, State Road 27.
2719	(c) The Central Florida North-South Corridor, from the
2720	Florida-Georgia border to Naples and Fort Lauderdale and Miami,
2721	including Interstate 75.
2722	(d) The Central Florida East-West Corridor from St.
2723	Petersburg to Tampa and to Titusville, including Interstate 4
2724	and the Beeline Expressway.
2725	(e) The North Florida Corridor, from Pensacola to
2726	Jacksonville, including Interstate 10, and U.S. Route 231, State
2727	Road 77, and State Road 79 from the Florida-Alabama border to
2728	Panama City.
2729	(f) The Jacksonville to Tampa Corridor, including U.S.
2730	Route 301.
2731	(g) The Jacksonville to Orlando Corridor, including U.S.
2732	17.
2733	(h) The Southeastern Everglades Corridor, linking
2734	Wildwood, Winter Garden, Orlando, and West Palm Beach via the
2735	Florida Turnpike.
2736
2737	For the purposes of this subsection, the term "corridor"
2738	includes railways adjacent to such corridor and the roadways
2739	linking to transportation terminals, and intermodal service
2740	centers to the major highways listed in this subsection.
2741	Section 40. Subsections (1) and (2) of section 339.08,
2742	Florida Statutes, are amended to read:
2743	339.08 Use of moneys in State Transportation Trust Fund.--
2744	(1) The department shall expendby rule provide for the
2745	expenditure of themoneys in the State Transportation Trust Fund
2746	accruing to the department, in accordance with its annual
2747	budget.
2748	(2) These rules must restrict The use of such moneys shall
2749	be restrictedto the following purposes:
2750	(a) To pay administrative expenses of the department,
2751	including administrative expenses incurred by the several state
2752	transportation districts, but excluding administrative expenses
2753	of commuter rail authorities that do not operate rail service.
2754	(b) To pay the cost of construction of the State Highway
2755	System.
2756	(c) To pay the cost of maintaining the State Highway
2757	System.
2758	(d) To pay the cost of public transportation projects in
2759	accordance with chapter 341 and ss. 332.003-332.007.
2760	(e) To reimburse counties or municipalities for
2761	expenditures made on projects in the State Highway System as
2762	authorized by s. 339.12(4) upon legislative approval.
2763	(f) To pay the cost of economic development transportation
2764	projects in accordance with s. 288.063.
2765	(g) To lend or pay a portion of the operating,
2766	maintenance, and capital costs of a revenue-producing
2767	transportation project that is located on the State Highway
2768	System or that is demonstrated to relieve traffic congestion on
2769	the State Highway System.
2770	(h) To match any federal-aid funds allocated for any other
2771	transportation purpose, including funds allocated to projects
2772	not located in the State Highway System.
2773	(i) To pay the cost of county road projects selected in
2774	accordance with the Small County Road Assistance Program created
2775	in s. 339.2816.
2776	(j) To pay the cost of county or municipal road projects
2777	selected in accordance with the County Incentive Grant Program
2778	created in s. 339.2817 and the Small County Outreach Program
2779	created in s. 339.2818.
2780	(k) To provide loans and credit enhancements for use in
2781	constructing and improving highway transportation facilities
2782	selected in accordance with the state-funded infrastructure bank
2783	created in s. 339.55.
2784	(l) To fund transportation projects pursuant to s.
2785	339.1372the Transportation Outreach Program created in s.
2786	339.137.
2787	(m) To pay the cost of projects on the Florida Strategic
2788	Intermodal System developed pursuant to s. 339.61.
2789	(n)(m)To pay other lawful expenditures of the department.
2790	Section 41. Section 339.1371, Florida Statutes, is amended
2791	to read:
2792	339.1371 Mobility 2000; Transportation Outreach Program;
2793	funding.--
2794	(1) Beginning in fiscal year 2000-2001 the Department of
2795	Transportation shall allocate sufficient funds to implement the
2796	Mobility 2000 (Building Roads for the 21st Century) initiative.
2797	The department shall develop a plan to expend these revenues and
2798	amend the current tentative work program for the time period
2799	2000-2001 through 2004-2005 prior to adoption to include
2800	Mobility 2000 projects. In addition, prior to work program
2801	adoption, the department shall submit a budget amendment
2802	pursuant to s. 339.135(7), requesting budget authority needed to
2803	implement the Mobility 2000 initiative. Funds will be used for
2804	corridors that link Florida's economic regions to seaports,
2805	international airports, and markets to provide connections
2806	through major gateways, improved mobility in major urbanized
2807	areas, and access routes for emergency evacuation to coastal
2808	communities based on analysis of current and projected traffic
2809	conditions.
2810	(2) Notwithstanding any other provision of law, in fiscal
2811	year 2001-2002 and each year thereafter, the increase in revenue
2812	to the State Transportation Trust Fund derived from ss. 1, 2, 3,
2813	7, 9, and 10, ch. 2000-257, Laws of Florida, shall be first used
2814	by the Department of Transportation to fund the Mobility 2000
2815	initiative and any remaining funds shall be used to fund the
2816	Transportation Outreach Program created pursuant to s. 339.137.
2817	Notwithstanding any other law to the contrary, the requirements
2818	of ss. 206.46(3) and 206.606(2) shall not apply to the Mobility
2819	2000 initiative.
2820	Section 42. Section 339.137, Florida Statutes, is
2821	repealed.
2822	Section 43. Subsection (10) of section 339.12, Florida
2823	Statutes, as created by section 83 of chapter 2002-20, Laws of
2824	Florida, and amended by section 58 of chapter 2002-402, Laws of
2825	Florida, is repealed.
2826	Section 44. Section 348.7546, Florida Statutes, is created
2827	to read:
2828	348.7546 Payment of toll on toll facilities required;
2829	exemptions.--No person shall use any toll facility owned or
2830	operated by the Orlando-Orange County Expressway Authority
2831	without payment of tolls, except that the following shall be
2832	exempt from toll payment:
2833	(1) Any person exempt from paying tolls pursuant to s.
2834	338.155.
2835	(2) Any person traveling as part of a law enforcement
2836	officer's or a firefighter's funeral procession.
2837	Section 45. Except as otherwise provided herein, this act
2838	shall take effect upon becoming a law.