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