Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 1928
                        Barcode 020844
                            CHAMBER ACTION
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       04/30/2007 12:25 PM         .                    
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11  Senator Baker moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 27, line 26, through
15            page 36, line 16, delete those lines
16  
17  and insert:  
18         Section 11.  Section 316.2123, Florida Statutes, is
19  amended to read:
20         316.2123  Operation of an ATV on certain roadways.--
21         (1)  The operation of an ATV, as defined in s.
22  317.0003, upon the public roads or streets of this state is
23  prohibited, except that an ATV may be operated during the
24  daytime on an unpaved roadway where the posted speed limit is
25  less than 35 miles per hour by a licensed driver or by a minor
26  under the supervision of a licensed driver. The operator must
27  provide proof of ownership pursuant to chapter 317 upon
28  request by a law enforcement officer.
29         (2)  A county is exempt from this section if the
30  governing body of the county, by majority vote, following a
31  noticed public hearing, votes to exempt the county from this
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    4:12 PM   04/28/07                              s1928.20tr.fff

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 section. Alternatively, a county may, by majority vote after 2 such a hearing, designate certain unpaved roadways where an 3 ATV may be operated during the daytime as long as each such 4 designated roadway has a posted speed limit of less than 35 5 miles per hour and is appropriately marked to indicate 6 permissible ATV use. 7 (3) Any ATV operation that is permitted under 8 subsection (1) or subsection (2) may be undertaken only by a 9 licensed driver or a minor who is under the direct supervision 10 of a licensed driver. The operator must provide proof of 11 ownership under chapter 317 upon the request of a law 12 enforcement officer. 13 Section 12. Subsection (1) of section 316.605, Florida 14 Statutes, is amended to read: 15 316.605 Licensing of vehicles.-- 16 (1) Every vehicle, at all times while driven, stopped, 17 or parked upon any highways, roads, or streets of this state, 18 shall be licensed in the name of the owner thereof in 19 accordance with the laws of this state unless such vehicle is 20 not required by the laws of this state to be licensed in this 21 state and shall, except as otherwise provided in s. 320.0706 22 for front-end registration license plates on truck tractors 23 and s. 320.086(5) which exempts display of license plates on 24 described former military vehicles, display the license plate 25 or both of the license plates assigned to it by the state, one 26 on the rear and, if two, the other on the front of the 27 vehicle, each to be securely fastened to the vehicle outside 28 the main body of the vehicle not higher than 60 inches and not 29 lower than 12 inches from the ground and no more than 24 30 inches to the left or right of the centerline of the vehicle, 31 and in such manner as to prevent the plates from swinging, and 2 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 all letters, numerals, printing, writing, and other 2 identification marks upon the plates regarding the word 3 "Florida," the registration decal, and the alphanumeric 4 designation shall be clear and distinct and free from 5 defacement, mutilation, grease, and other obscuring matter, so 6 that they will be plainly visible and legible at all times 100 7 feet from the rear or front. Vehicle license plates shall be 8 affixed and displayed in such a manner that the letters and 9 numerals shall be read from left to right parallel to the 10 ground. No vehicle license plate may be displayed in an 11 inverted or reversed position or in such a manner that the 12 letters and numbers and their proper sequence are not readily 13 identifiable. Nothing shall be placed upon the face of a 14 Florida plate except as permitted by law or by rule or 15 regulation of a governmental agency. No license plates other 16 than those furnished by the state shall be used. However, if 17 the vehicle is not required to be licensed in this state, the 18 license plates on such vehicle issued by another state, by a 19 territory, possession, or district of the United States, or by 20 a foreign country, substantially complying with the provisions 21 hereof, shall be considered as complying with this chapter. A 22 violation of this subsection is a noncriminal traffic 23 infraction, punishable as a nonmoving violation as provided in 24 chapter 318. 25 Section 13. Paragraph (b) of subsection (3) of section 26 316.650, Florida Statutes, is amended to read: 27 316.650 Traffic citations.-- 28 (3) 29 (b) If a traffic citation is issued pursuant to s. 30 316.1001, a traffic enforcement officer may deposit the 31 original and one copy of such traffic citation or, in the case 3 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 of a traffic enforcement agency that has an automated citation 2 system, may provide an electronic facsimile with a court 3 having jurisdiction over the alleged offense or with its 4 traffic violations bureau within 45 days after the date of 5 issuance of the citation to the violator. If the person cited 6 for the violation of s. 316.1001 makes the election provided 7 by s. 318.14(12) and pays the $25 fine, or such other amount 8 as imposed by the governmental entity owning the applicable 9 toll facility, plus the amount of the unpaid toll that is 10 shown on the traffic citation directly to the governmental 11 entity that issued the citation, or on whose behalf the 12 citation was issued, in accordance with s. 318.14(12), the 13 traffic citation will not be submitted to the court, the 14 disposition will be reported to the department by the 15 governmental entity that issued the citation, or on whose 16 behalf the citation was issued, and no points will be assessed 17 against the person's driver's license. 18 Section 14. Subsection (12) of section 318.14, Florida 19 Statutes, is amended to read: 20 318.14 Noncriminal traffic infractions; exception; 21 procedures.-- 22 (12) Any person cited for a violation of s. 316.1001 23 may, in lieu of making an election as set forth in subsection 24 (4) or s. 318.18(7), elect to pay a his or her fine of $25, or 25 such other amount as imposed by the governmental entity owning 26 the applicable toll facility, plus the amount of the unpaid 27 toll that is shown on the traffic citation directly to the 28 governmental entity that issued the citation, or on whose 29 behalf the citation was issued, within 30 days after the date 30 of issuance of the citation. Any person cited for a violation 31 of s. 316.1001 who does not elect to pay the fine imposed by 4 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 the governmental entity owning the applicable toll facility 2 plus the amount of the unpaid toll that is shown on the 3 traffic citation directly to the governmental entity that 4 issued the citation, or on whose behalf the citation was 5 issued, as described in this subsection section shall have an 6 additional 45 days after the date of the issuance of the 7 citation in which to request a court hearing or to pay the 8 civil penalty and delinquent fee, if applicable, as provided 9 in s. 318.18(7), either by mail or in person, in accordance 10 with subsection (4). 11 Section 15. Section 318.18, Florida Statutes, is 12 amended to read: 13 318.18 Amount of civil penalties.--The penalties 14 required for a noncriminal disposition pursuant to s. 318.14 15 or a criminal offense listed in s. 318.17 are as follows: 16 (1) Fifteen dollars for: 17 (a) All infractions of pedestrian regulations. 18 (b) All infractions of s. 316.2065, unless otherwise 19 specified. 20 (c) Other violations of chapter 316 by persons 14 21 years of age or under who are operating bicycles, regardless 22 of the noncriminal traffic infraction's classification. 23 (2) Thirty dollars for all nonmoving traffic 24 violations and: 25 (a) For all violations of s. 322.19. 26 (b) For all violations of ss. 320.0605, 320.07(1), 27 322.065, and 322.15(1). Any person who is cited for a 28 violation of s. 320.07(1) shall be charged a delinquent fee 29 pursuant to s. 320.07(4). 30 1. If a person who is cited for a violation of s. 31 320.0605 or s. 320.07 can show proof of having a valid 5 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 registration at the time of arrest, the clerk of the court may 2 dismiss the case and may assess a dismissal fee of up to 3 $7.50. A person who finds it impossible or impractical to 4 obtain a valid registration certificate must submit an 5 affidavit detailing the reasons for the impossibility or 6 impracticality. The reasons may include, but are not limited 7 to, the fact that the vehicle was sold, stolen, or destroyed; 8 that the state in which the vehicle is registered does not 9 issue a certificate of registration; or that the vehicle is 10 owned by another person. 11 2. If a person who is cited for a violation of s. 12 322.03, s. 322.065, or s. 322.15 can show a driver's license 13 issued to him or her and valid at the time of arrest, the 14 clerk of the court may dismiss the case and may assess a 15 dismissal fee of up to $7.50. 16 3. If a person who is cited for a violation of s. 17 316.646 can show proof of security as required by s. 627.733, 18 issued to the person and valid at the time of arrest, the 19 clerk of the court may dismiss the case and may assess a 20 dismissal fee of up to $7.50. A person who finds it impossible 21 or impractical to obtain proof of security must submit an 22 affidavit detailing the reasons for the impracticality. The 23 reasons may include, but are not limited to, the fact that the 24 vehicle has since been sold, stolen, or destroyed; that the 25 owner or registrant of the vehicle is not required by s. 26 627.733 to maintain personal injury protection insurance; or 27 that the vehicle is owned by another person. 28 (c) For all violations of ss. 316.2935 and 316.610. 29 However, for a violation of s. 316.2935 or s. 316.610, if the 30 person committing the violation corrects the defect and 31 obtains proof of such timely repair by an affidavit of 6 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 compliance executed by the law enforcement agency within 30 2 days from the date upon which the traffic citation was issued, 3 and pays $4 to the law enforcement agency, thereby completing 4 the affidavit of compliance, then upon presentation of said 5 affidavit by the defendant to the clerk within the 30-day time 6 period set forth under s. 318.14(4), the fine must be reduced 7 to $7.50, which the clerk of the court shall retain. 8 (d) For all violations of s. 316.126(1)(b), unless 9 otherwise specified. 10 (3)(a) Except as otherwise provided in this section, 11 $60 for all moving violations not requiring a mandatory 12 appearance. 13 (b) For moving violations involving unlawful speed, 14 the fines are as follows: 15 For speed exceeding the limit by:Fine: 16 1-5 m.p.h.......................................Warning 17 6-9 m.p.h..........................................$ 25 18 10-14 m.p.h........................................$100 19 15-19 m.p.h........................................$125 20 20-29 m.p.h........................................$150 21 30 m.p.h. and above................................$250 22 (c) Notwithstanding paragraph (b), a person cited for 23 exceeding the speed limit by up to 5 m.p.h. in a legally 24 posted school zone will be fined $50. A person exceeding the 25 speed limit in a school zone shall pay a fine double the 26 amount listed in paragraph (b). 27 (d) A person cited for exceeding the speed limit in a 28 posted construction zone, which posting must include 29 notification of the speed limit and the doubling of fines, 30 shall pay a fine double the amount listed in paragraph (b). 31 The fine shall be doubled for construction zone violations 7 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 only if construction personnel are present or operating 2 equipment on the road or immediately adjacent to the road 3 under construction. 4 (e) A person cited for exceeding the speed limit in an 5 enhanced penalty zone shall pay a fine amount of $50 plus the 6 amount listed in paragraph (b). Notwithstanding paragraph (b), 7 a person cited for exceeding the speed limit by up to 5 m.p.h. 8 in a legally posted enhanced penalty zone shall pay a fine 9 amount of $50. 10 (f) If a violation of s. 316.1301 or s. 316.1303 11 results in an injury to the pedestrian or damage to the 12 property of the pedestrian, an additional fine of up to $250 13 shall be paid. This amount must be distributed pursuant to s. 14 318.21. 15 (g) A person cited for exceeding the speed limit 16 within a zone posted for any electronic or manual toll 17 collection facility shall pay a fine double the amount listed 18 in paragraph (b). However, no person cited for exceeding the 19 speed limit in any toll collection zone shall be subject to a 20 doubled fine unless the governmental entity or authority 21 controlling the toll collection zone first installs a traffic 22 control device providing warning that speeding fines are 23 doubled. Any such traffic control device must meet the 24 requirements of the uniform system of traffic control devices. 25 (h) A person cited for a second or subsequent 26 conviction of speed exceeding the limit by 30 miles per hour 27 and above within a 12-month period shall pay a fine that is 28 double the amount listed in paragraph (b). For purposes of 29 this paragraph, the term "conviction" means a finding of guilt 30 as a result of a jury verdict, nonjury trial, or entry of a 31 plea of guilty. Moneys received from the increased fine 8 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 imposed by this paragraph shall be remitted to the Department 2 of Revenue and deposited into the Department of Health 3 Administrative Trust Fund to provide financial support to 4 certified trauma centers to assure the availability and 5 accessibility of trauma services throughout the state. Funds 6 deposited into the Administrative Trust Fund under this 7 section shall be allocated as follows: 8 1. Fifty percent shall be allocated equally among all 9 Level I, Level II, and pediatric trauma centers in recognition 10 of readiness costs for maintaining trauma services. 11 2. Fifty percent shall be allocated among Level I, 12 Level II, and pediatric trauma centers based on each center's 13 relative volume of trauma cases as reported in the Department 14 of Health Trauma Registry. 15 (4) The penalty imposed under s. 316.545 shall be 16 determined by the officer in accordance with the provisions of 17 ss. 316.535 and 316.545. 18 (5)(a) One hundred dollars for a violation of s. 19 316.172(1)(a), failure to stop for a school bus. If, at a 20 hearing, the alleged offender is found to have committed this 21 offense, the court shall impose a minimum civil penalty of 22 $100. In addition to this penalty, for a second or subsequent 23 offense within a period of 5 years, the department shall 24 suspend the driver's license of the person for not less than 25 90 days and not more than 6 months. 26 (b) Two hundred dollars for a violation of s. 27 316.172(1)(b), passing a school bus on the side that children 28 enter and exit when the school bus displays a stop signal. If, 29 at a hearing, the alleged offender is found to have committed 30 this offense, the court shall impose a minimum civil penalty 31 of $200. In addition to this penalty, for a second or 9 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 subsequent offense within a period of 5 years, the department 2 shall suspend the driver's license of the person for not less 3 than 180 days and not more than 1 year. 4 (6) One hundred dollars or the fine amount designated 5 by county ordinance, plus court costs for illegally parking, 6 under s. 316.1955, in a parking space provided for people who 7 have disabilities. However, this fine will be waived if a 8 person provides to the law enforcement agency that issued the 9 citation for such a violation proof that the person committing 10 the violation has a valid parking permit or license plate 11 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 12 320.0845, or s. 320.0848 or a signed affidavit that the owner 13 of the disabled parking permit or license plate was present at 14 the time the violation occurred, and that such a parking 15 permit or license plate was valid at the time the violation 16 occurred. The law enforcement officer, upon determining that 17 all required documentation has been submitted verifying that 18 the required parking permit or license plate was valid at the 19 time of the violation, must sign an affidavit of compliance. 20 Upon provision of the affidavit of compliance and payment of a 21 dismissal fee of up to $7.50 to the clerk of the circuit 22 court, the clerk shall dismiss the citation. 23 (7) Mandatory $100 fine One hundred dollars for each a 24 violation of s. 316.1001 plus the amount of the unpaid toll 25 shown on the traffic citation for each citation issued. The 26 clerk of the court shall forward $25 of the $100 fine 27 received, plus the amount of the unpaid toll that is shown on 28 the citation, to the governmental entity that issued the 29 citation, or on whose behalf the citation was issued. If a 30 plea arrangement is reached prior to the date set for a 31 scheduled evidentiary hearing and adjudication is withheld, 10 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 there shall be a mandatory fine assessed per citation of not 2 less than $50 and not more than $100, plus the amount of the 3 unpaid toll for each citation issued. The clerk of the court 4 shall forward $25 of the fine imposed plus the amount of the 5 unpaid toll that is shown on the citation to the governmental 6 entity that issued the citation or on whose behalf the 7 citation was issued. The court shall have specific authority 8 to consolidate issued citations for the same defendant for the 9 purpose of sentencing and aggregate jurisdiction. In addition, 10 the department shall suspend for 60 days the driver's license 11 of a person who is convicted of 10 violations of s. 316.1001 12 within a 36-month period. However, a person may elect to pay 13 $30 to the clerk of the court, in which case adjudication is 14 withheld, and no points are assessed under s. 322.27. Upon 15 receipt of the fine, the clerk of the court must retain $5 for 16 administrative purposes and must forward the $25 to the 17 governmental entity that issued the citation. Any funds 18 received by a governmental entity for this violation may be 19 used for any lawful purpose related to the operation or 20 maintenance of a toll facility. 21 (8)(a) Any person who fails to comply with the court's 22 requirements or who fails to pay the civil penalties specified 23 in this section within the 30-day period provided for in s. 24 318.14 must pay an additional civil penalty of $12, $2.50 of 25 which must be remitted to the Department of Revenue for 26 deposit in the General Revenue Fund, and $9.50 of which must 27 be remitted to the Department of Revenue for deposit in the 28 Highway Safety Operating Trust Fund. The department shall 29 contract with the Florida Association of Court Clerks, Inc., 30 to design, establish, operate, upgrade, and maintain an 31 automated statewide Uniform Traffic Citation Accounting System 11 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 to be operated by the clerks of the court which shall include, 2 but not be limited to, the accounting for traffic infractions 3 by type, a record of the disposition of the citations, and an 4 accounting system for the fines assessed and the subsequent 5 fine amounts paid to the clerks of the court. On or before 6 December 1, 2001, the clerks of the court must provide the 7 information required by this chapter to be transmitted to the 8 department by electronic transmission pursuant to the 9 contract. 10 (b) Any person who fails to comply with the court's 11 requirements as to civil penalties specified in this section 12 due to demonstrable financial hardship shall be authorized to 13 satisfy such civil penalties by public works or community 14 service. Each hour of such service shall be applied, at the 15 rate of the minimum wage, toward payment of the person's civil 16 penalties; provided, however, that if the person has a trade 17 or profession for which there is a community service need and 18 application, the rate for each hour of such service shall be 19 the average standard wage for such trade or profession. Any 20 person who fails to comply with the court's requirements as to 21 such civil penalties who does not demonstrate financial 22 hardship may also, at the discretion of the court, be 23 authorized to satisfy such civil penalties by public works or 24 community service in the same manner. 25 (c) If the noncriminal infraction has caused or 26 resulted in the death of another, the person who committed the 27 infraction may perform 120 community service hours under s. 28 316.027(4), in addition to any other penalties. 29 (9) One hundred dollars for a violation of s. 30 316.1575. 31 (10) Twenty-five dollars for a violation of s. 12 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 316.2074. 2 (11)(a) In addition to the stated fine, court costs 3 must be paid in the following amounts and shall be deposited 4 by the clerk into the fine and forfeiture fund established 5 pursuant to s. 142.01: 6 For pedestrian infractions........................$ 3. 7 For nonmoving traffic infractions.................$ 16. 8 For moving traffic infractions....................$ 30. 9 (b) In addition to the court cost required under 10 paragraph (a), up to $3 for each infraction shall be collected 11 and distributed by the clerk in those counties that have been 12 authorized to establish a criminal justice selection center or 13 a criminal justice access and assessment center pursuant to 14 the following special acts of the Legislature: 15 1. Chapter 87-423, Laws of Florida, for Brevard 16 County. 17 2. Chapter 89-521, Laws of Florida, for Bay County. 18 3. Chapter 94-444, Laws of Florida, for Alachua 19 County. 20 4. Chapter 97-333, Laws of Florida, for Pinellas 21 County. 22 23 Funds collected by the clerk pursuant to this paragraph shall 24 be distributed to the centers authorized by those special 25 acts. 26 (c) In addition to the court cost required under 27 paragraph (a), a $2.50 court cost must be paid for each 28 infraction to be distributed by the clerk to the county to 29 help pay for criminal justice education and training programs 30 pursuant to s. 938.15. Funds from the distribution to the 31 county not directed by the county to fund these centers or 13 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 programs shall be retained by the clerk and used for funding 2 the court-related services of the clerk. 3 (d) In addition to the court cost required under 4 paragraph (a), a $3 court cost must be paid for each 5 infraction to be distributed as provided in s. 938.01 and a $2 6 court cost as provided in s. 938.15 when assessed by a 7 municipality or county. 8 (12) Two hundred dollars for a violation of s. 9 316.520(1) or (2). If, at a hearing, the alleged offender is 10 found to have committed this offense, the court shall impose a 11 minimum civil penalty of $200. For a second or subsequent 12 adjudication within a period of 5 years, the department shall 13 suspend the driver's license of the person for not less than 1 14 year and not more than 2 years. 15 (13) In addition to any penalties imposed for 16 noncriminal traffic infractions pursuant to this chapter or 17 imposed for criminal violations listed in s. 318.17, a board 18 of county commissioners or any unit of local government which 19 is consolidated as provided by s. 9, Art. VIII of the State 20 Constitution of 1885, as preserved by s. 6(e), Art. VIII of 21 the Constitution of 1968: 22 (a) May impose by ordinance a surcharge of up to $15 23 for any infraction or violation to fund state court 24 facilities. The court shall not waive this surcharge. Up to 25 25 percent of the revenue from such surcharge may be used to 26 support local law libraries provided that the county or unit 27 of local government provides a level of service equal to that 28 provided prior to July 1, 2004, which shall include the 29 continuation of library facilities located in or near the 30 county courthouse or annexes. 31 (b) That imposed increased fees or service charges by 14 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the 2 purpose of securing payment of the principal and interest on 3 bonds issued by the county before July 1, 2003, to finance 4 state court facilities, may impose by ordinance a surcharge 5 for any infraction or violation for the exclusive purpose of 6 securing payment of the principal and interest on bonds issued 7 by the county before July 1, 2003, to fund state court 8 facilities until the date of stated maturity. The court shall 9 not waive this surcharge. Such surcharge may not exceed an 10 amount per violation calculated as the quotient of the maximum 11 annual payment of the principal and interest on the bonds as 12 of July 1, 2003, divided by the number of traffic citations 13 for county fiscal year 2002-2003 certified as paid by the 14 clerk of the court of the county. Such quotient shall be 15 rounded up to the next highest dollar amount. The bonds may be 16 refunded only if savings will be realized on payments of debt 17 service and the refunding bonds are scheduled to mature on the 18 same date or before the bonds being refunded. Notwithstanding 19 any of the foregoing provisions of this paragraph that limit 20 the use of surcharge revenues, if the revenues generated as a 21 result of the adoption of this ordinance exceed the debt 22 service on the bonds, the surplus revenues may be used to pay 23 down the debt service on the bonds; fund other 24 state-court-facility construction projects as may be certified 25 by the chief judge as necessary to address unexpected growth 26 in caseloads, emergency requirements to accommodate public 27 access, threats to the safety of the public, judges, staff, 28 and litigants, or other exigent circumstances; or support 29 local law libraries in or near the county courthouse or 30 annexes. 31 15 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 A county may not impose both of the surcharges authorized 2 under paragraphs (a) and (b) concurrently. The clerk of court 3 shall report, no later than 30 days after the end of the 4 quarter, the amount of funds collected under this subsection 5 during each quarter of the fiscal year. The clerk shall submit 6 the report, in a format developed by the Office of State 7 Courts Administrator, to the chief judge of the circuit, the 8 Governor, the President of the Senate, and the Speaker of the 9 House of Representatives. 10 (14) In addition to any penalties imposed for 11 noncriminal traffic infractions under this chapter or imposed 12 for criminal violations listed in s. 318.17, any unit of local 13 government that is consolidated as provided by s. 9, Art. VIII 14 of the State Constitution of 1885, as preserved by s. 6(e), 15 Art. VIII of the State Constitution of 1968, and that is 16 granted the authority in the State Constitution to exercise 17 all the powers of a municipal corporation, and any unit of 18 local government operating under a home rule charter adopted 19 pursuant to ss. 10, 11, and 24, Art. VIII of the State 20 Constitution of 1885, as preserved by s. 6(e), Art. VIII of 21 the State Constitution of 1968, that is granted the authority 22 in the State Constitution to exercise all the powers conferred 23 now or hereafter by general law upon municipalities, may 24 impose by ordinance a surcharge of up to $15 for any 25 infraction or violation. Revenue from the surcharge shall be 26 transferred to such unit of local government for the purpose 27 of replacing fine revenue deposited into the clerk's fine and 28 forfeiture fund under s. 142.01. The court may not waive this 29 surcharge. Proceeds from the imposition of the surcharge 30 authorized in this subsection shall not be used for the 31 purpose of securing payment of the principal and interest on 16 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 bonds. This subsection, and any surcharge imposed pursuant to 2 this subsection, shall stand repealed September 30, 2007. 3 (15) One hundred twenty-five dollars for a violation 4 of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has 5 failed to stop at a traffic signal. Sixty dollars shall be 6 distributed as provided in s. 318.21, and the remaining $65 7 shall be remitted to the Department of Revenue for deposit 8 into the Administrative Trust Fund of the Department of 9 Health. 10 (16) One hundred dollars for a violation of s. 11 316.622(3) or (4), for a vehicle that fails to display a 12 sticker authorizing it to transport migrant or seasonal farm 13 workers or fails to display standardized notification 14 instructions requiring passengers to fasten their seat belts. 15 Two hundred dollars for a violation of s. 316.622(1) or (2), 16 for operating a farm labor vehicle that fails to conform to 17 vehicle safety standards or lacks seat belt assemblies at each 18 passenger position. 19 (17) In addition to any penalties imposed, a surcharge 20 of $3 must be paid for all criminal offenses listed in s. 21 318.17 and for all noncriminal moving traffic violations under 22 chapter 316. Revenue from the surcharge shall be remitted to 23 the Department of Revenue and deposited quarterly into the 24 State Agency Law Enforcement Radio System Trust Fund of the 25 Department of Management Services for the state agency law 26 enforcement radio system, as described in s. 282.1095. This 27 subsection expires July 1, 2012. 28 Section 16. Subsection (17) is added to section 29 318.21, Florida Statutes, to read: 30 318.21 Disposition of civil penalties by county 31 courts.--All civil penalties received by a county court 17 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 pursuant to the provisions of this chapter shall be 2 distributed and paid monthly as follows: 3 (17) Notwithstanding subsections (1) and (2), the 4 proceeds from the surcharge imposed under s. 318.18(17) shall 5 be distributed as provided in that subsection. This subsection 6 expires July 1, 2012. 7 Section 17. Section 320.061, Florida Statutes, is 8 amended to read: 9 320.061 Unlawful to alter motor vehicle registration 10 certificates, license plates, mobile home stickers, or 11 validation stickers or to obscure license plates; penalty.--No 12 person shall alter the original appearance of any registration 13 license plate, mobile home sticker, validation sticker, or 14 vehicle registration certificate issued for and assigned to 15 any motor vehicle or mobile home, whether by mutilation, 16 alteration, defacement, or change of color or in any other 17 manner. No person shall apply or attach any substance, 18 reflective matter, illuminated device, spray, coating, 19 covering, or other material onto or around any license plate 20 that interferes with the legibility, angular visibility, or 21 detectability of any feature or detail on the license plate or 22 interferes with the ability to record any feature or detail on 23 the license plate. Any person who violates the provisions of 24 this section commits is guilty of a misdemeanor of the second 25 degree, punishable as provided in s. 775.082 or s. 775.083. 26 Section 18. Paragraph (c) of subsection (6) and 27 subsection (8) of section 332.007, Florida Statutes, are 28 amended to read: 29 332.007 Administration and financing of aviation and 30 airport programs and projects; state plan.-- 31 (6) Subject to the availability of appropriated funds, 18 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 the department may participate in the capital cost of eligible 2 public airport and aviation development projects in accordance 3 with the following rates, unless otherwise provided in the 4 General Appropriations Act or the substantive bill 5 implementing the General Appropriations Act: 6 (c) When federal funds are not available, the 7 department may fund up to 80 percent of master planning and 8 eligible aviation development projects at publicly owned, 9 publicly operated airports. If federal funds are available, 10 the department may fund up to 80 percent of the nonfederal 11 share of such projects. Such funding is limited to airports 12 that have no scheduled commercial service. 13 (8) Notwithstanding any other provision of law to the 14 contrary, the department is authorized to fund security 15 projects at provide operational and maintenance assistance to 16 publicly owned public-use airports. Such assistance shall be 17 to comply with enhanced federal security requirements or to 18 address related economic impacts from the events of September 19 11, 2001. For projects in the current adopted work program, or 20 projects added using the available budget of the department, 21 airports may request the department change the project purpose 22 in accordance with this provision notwithstanding the 23 provisions of s. 339.135(7). For purposes of this subsection, 24 the department may fund up to 100 percent of eligible project 25 costs that are not funded by the Federal Government. Prior to 26 releasing any funds under this section, the department shall 27 review and approve the expenditure plans submitted by the 28 airport. The department shall inform the Legislature of any 29 change that it approves under this subsection. This subsection 30 shall expire on June 30, 2012 2007. 31 Section 19. Subsection (4) of section 332.14, Florida 19 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 Statutes, is amended to read: 2 332.14 Secure Airports for Florida's Economy 3 Council.-- 4 (4) The council shall adopt bylaws governing the 5 manner in which the business of the council will be conducted. 6 The bylaws shall specify the procedure by which the chair of 7 the council is elected. The council shall meet at the call of 8 its chair, at the request of a majority of its membership, or 9 at such times as may be prescribed in its bylaws. However, the 10 council must meet at least twice a year. Except for the 11 members under paragraphs (2)(d), (e), and (f), all members of 12 the council are voting members. A majority of voting members 13 of the council constitutes a quorum for the purpose of 14 transacting the business of the council. A vote of the 15 majority of the members present is sufficient for any action 16 of the council, except that a member representing the 17 Department of Transportation, the Department of Community 18 Affairs, the Department of Law Enforcement, or the Office of 19 Tourism, Trade, and Economic Development may vote to overrule 20 any action of the council approving a project pursuant to 21 paragraph (7)(a). The bylaws of the council may require a 22 greater vote for a particular action. 23 Section 20. Section 334.351, Florida Statutes, is 24 amended to read: 25 334.351 Youth work experience program; findings and 26 intent; authority to contract; limitation.-- 27 (1) The Legislature finds and declares that young men 28 and women of the state should be given an opportunity to 29 obtain public service work and training experience that 30 protects and conserves the valuable resources of the state and 31 promotes participation in other community enhancement 20 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 projects. Notwithstanding the requirements of chapters 287 and 2 337, the Department of Transportation is authorized to 3 contract with public agencies and nonprofit organizations for 4 the performance of work related to the construction and 5 maintenance of transportation-related facilities by youths 6 enrolled in youth work experience programs. The total amount 7 of contracts entered into by the department under this section 8 in any fiscal year may not exceed the amount specifically 9 appropriated by the Legislature for this program. 10 (2) Each nonprofit youth organization that provides 11 services under a contract with the department must certify 12 that each young person enrolled in its work experience program 13 is a resident of this state and possesses a valid Florida 14 driver's license or identification card. 15 (3) When selecting a nonprofit youth organization to 16 perform work on transportation-related facilities and before 17 awarding a contract under this section, the department must 18 consider the following criteria: 19 (a) The number of participants receiving 20 life-management skills training; 21 (b) The number of participants receiving high school 22 diplomas or GEDs; 23 (c) The number of participants receiving scholarships; 24 (d) The number of participants receiving bonuses; 25 (e) The number of participants who have secured 26 full-time jobs; and 27 (f) The other programs or services that support the 28 development of disadvantaged youths. 29 (4) Each nonprofit youth organization under contract 30 with the department must: 31 (a) Submit an annual report to the department by 21 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 January 1 of each year. The report must include, but need not 2 be limited to, the applicable performance of the organization 3 when measured by the criteria in subsection (3) for the 4 organization's most recently completed fiscal year. 5 (b) Submit an independent audit of the organization's 6 financial records to the department each year. The 7 organization's contract with the department must allow the 8 department the right to inspect the organization's financial 9 and program records. 10 (c) Demonstrate participation in a peer assessment or 11 review process, such as the Excellence in Corps Operations of 12 the National Association of Service and Conservation Corps. 13 Section 21. Paragraph (c) of subsection (1) of section 14 336.025, Florida Statutes, is amended to read: 15 336.025 County transportation system; levy of local 16 option fuel tax on motor fuel and diesel fuel.-- 17 (1) 18 (c) Local governments may use the services of the 19 Division of Bond Finance of the State Board of Administration 20 pursuant to the State Bond Act to issue any bonds through the 21 provisions of this section and may pledge the revenues from 22 local option fuel taxes to secure the payment of the bonds. In 23 no case may a jurisdiction issue bonds pursuant to this 24 section more frequently than once per year. Counties and 25 municipalities may join together for the issuance of bonds 26 issued pursuant to this section. 27 Section 22. Subsection (3) of section 336.41, Florida 28 Statutes, is amended to read: 29 336.41 Counties; employing labor and providing road 30 equipment; accounting; when competitive bidding required.-- 31 (3) All construction and reconstruction of roads and 22 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 bridges, including resurfacing, full scale mineral seal 2 coating, and major bridge and bridge system repairs, to be 3 performed utilizing the proceeds of the 80-percent portion of 4 the surplus of the constitutional gas tax shall be let to 5 contract to the lowest responsible bidder by competitive bid, 6 except for: 7 (a) Construction and maintenance in emergency 8 situations, and 9 (b) In addition to emergency work, construction and 10 reconstruction, including resurfacing, mineral seal coating, 11 and bridge repairs, having a total cumulative annual value not 12 to exceed 5 percent of its 80-percent portion of the 13 constitutional gas tax or $400,000 $250,000, whichever is 14 greater, and 15 (c) Construction of sidewalks, curbing, accessibility 16 ramps, or appurtenances incidental to roads and bridges if 17 each project is estimated in accordance with generally 18 accepted cost-accounting principles to have total construction 19 project costs of less than $400,000 or as adjusted by the 20 percentage change in the Construction Cost Index from January 21 1, 2008, 22 23 for which the county may utilize its own forces. However, if, 24 after proper advertising, no bids are received by a county for 25 a specific project, the county may use its own forces to 26 construct the project, notwithstanding the limitation of this 27 subsection. Nothing in this section shall prevent the county 28 from performing routine maintenance as authorized by law. 29 Section 23. Construction aggregate materials.-- 30 (1) DEFINITIONS.--"Construction aggregate materials" 31 means crushed stone, limestone, dolomite, limerock, shell 23 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 rock, cemented coquina, sand for use as a component of 2 mortars, concrete, bituminous mixtures, or underdrain filters, 3 and other mined resources providing the basic material for 4 concrete, asphalt, and road base. 5 (2) LEGISLATIVE INTENT.--The Legislature finds that 6 there is a strategic and critical need for an available supply 7 of construction aggregate materials within the state and that 8 a disruption of the supply would cause a significant detriment 9 to the state's construction industry, transportation system, 10 and overall health, safety, and welfare. 11 (3) LOCAL GOVERNMENT DECISIONMAKING.--No local 12 government shall approve or deny a proposed land use zoning 13 change, comprehensive plan amendment, land use permit, 14 ordinance, or order regarding construction aggregate materials 15 without considering any information provided by the Department 16 of Transportation regarding the effect such change, amendment, 17 permit decision, ordinance, or order would have on the 18 availability, transportation, and potential extraction of 19 construction aggregate materials on the local area, the 20 region, and the state. The failure of the Department of 21 Transportation to provide this information shall not be a 22 basis for delay or invalidation of the local government 23 action. No local government may impose a moratorium, or 24 combination of moratoria, of more than 12 months' duration on 25 the mining or extraction of construction aggregate materials, 26 commencing on the date the vote was taken to impose the 27 moratorium. January 1, 2007, shall serve as the commencement 28 of the 12-month period for moratoria already in place as of 29 July 1, 2007. 30 (4) EXPEDITED PERMITTING.--Due to the state's critical 31 infrastructure needs and the potential shortfall in available 24 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 construction aggregate materials, limerock environmental 2 resource permitting and reclamation applications filed after 3 March 1, 2007, are eligible for the expedited permitting 4 processes contained in s. 403.973, Florida Statutes. 5 Challenges to state agency action in the expedited permitting 6 process for establishment of a limerock mine in this state 7 under s. 403.973, Florida Statutes, are subject to the same 8 requirements as challenges brought under s. 403.973(15)(a), 9 Florida Statutes, except that, notwithstanding s. 120.574, 10 Florida Statutes, summary proceedings must be conducted within 11 30 days after a party files the motion for summary hearing, 12 regardless of whether the parties agree to the summary 13 proceeding. 14 (5) STRATEGIC AGGREGATES REVIEW TASK FORCE.-- 15 (a) The Strategic Aggregates Review Task Force is 16 created to evaluate the availability and disposition of 17 construction aggregate materials and related mining and land 18 use practices in this state. 19 (b) The task force shall be appointed by August 1, 20 2007, and shall be composed of the following 19 members: 21 1. The President of the Senate, the Speaker of the 22 House of Representatives, and the Governor shall each appoint 23 one member from each of the following groups: 24 a. The mining industry. 25 b. The construction industry. 26 c. The transportation industries, including seaports, 27 trucking, railroads, or roadbuilders. 28 d. Elected officials representing counties identified 29 by the Department of Transportation as limestone or sand 30 resource areas. Rural, midsize, and urban counties shall each 31 have one elected official on the task force. 25 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 e. Environmental advocacy groups. 2 2. The Secretary of Environmental Protection or 3 designee. 4 3. The Secretary of Community Affairs or designee. 5 4. The Secretary of Transportation or designee. 6 5. One member appointed by the Florida League of 7 Cities, Inc. 8 (c) Members of the commission shall serve without 9 compensation. Travel and per diem expenses for members who are 10 not state employees shall be paid by the Department of 11 Transportation in accordance with s. 112.061, Florida 12 Statutes. 13 (d) The Department of Transportation shall organize 14 and provide administrative support for the task force and 15 coordinate with other state agencies and local governments in 16 obtaining and providing such data and information as may be 17 needed by the task force to complete its evaluation. The 18 department may conduct any supporting studies as are required 19 to obtain needed information or otherwise assist the task 20 force in its review and deliberations. 21 (e) The Department of Transportation shall collect and 22 provide information to the task force relating to construction 23 aggregate materials and the amount of such materials used by 24 the department on state road infrastructure projects and shall 25 provide any technical and supporting information relating to 26 the use of such materials as is available to the department. 27 (f) The task force shall report its findings to the 28 Governor, the President of the Senate, and the Speaker of the 29 House of Representatives by February 1, 2008. The report must 30 identify locations with significant concentrations of 31 construction aggregate materials and recommend actions 26 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 intended to ensure the continued extraction and availability 2 of construction aggregate materials. 3 (g) The task force shall be dissolved on July 1, 2008. 4 Section 24. Section 337.026, Florida Statutes, is 5 created to read: 6 337.026 Authority of department to enter into 7 agreements for construction aggregate materials.-- 8 (1) The department may pursue procurement techniques 9 that will provide the department with reliable and economic 10 supplies of construction aggregate materials and control time 11 and cost increases on construction projects. 12 (2) The department may enter into agreements with 13 private or public entities. Such agreements may include, but 14 are not limited to, department acquisition of materials or 15 resources or long-term leases for a term not to exceed 99 16 years that will advance the state's transportation needs. 17 (3) To the maximum extent practical, the department 18 must use the existing process to award and administer such 19 procurement techniques. When techniques authorized by this 20 section are to be used, the department is not required to 21 adhere to provisions of law that would prevent, preclude, or 22 prohibit it from using this procurement technique. However, 23 prior to using this procurement technique, the department must 24 document in writing the need for the exception and identify 25 the benefits the traveling public and the affected community 26 are anticipated to receive. 27 Section 25. Paragraph (a) of subsection (3) of section 28 337.11, Florida Statutes, is amended to read: 29 337.11 Contracting authority of department; bids; 30 emergency repairs, supplemental agreements, and change orders; 31 combined design and construction contracts; progress payments; 27 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 records; requirements of vehicle registration.-- 2 (3)(a) On all construction contracts of $250,000 or 3 less, and any construction contract of less than $500,000 for 4 which the department has waived prequalification under s. 5 337.14, the department shall advertise for bids in a newspaper 6 having general circulation in the county where the proposed 7 work is located. Publication shall be at least once a week for 8 no less than 2 consecutive weeks, and the first publication 9 shall be no less than 14 days prior to the date on which bids 10 are to be received. 11 Section 26. Subsection (1) of section 337.14, Florida 12 Statutes, is amended to read: 13 337.14 Application for qualification; certificate of 14 qualification; restrictions; request for hearing.-- 15 (1) Any person desiring to bid for the performance of 16 any construction contract in excess of $250,000 which the 17 department proposes to let must first be certified by the 18 department as qualified pursuant to this section and rules of 19 the department. The rules of the department shall address the 20 qualification of persons to bid on construction contracts in 21 excess of $250,000 and shall include requirements with respect 22 to the equipment, past record, experience, financial 23 resources, and organizational personnel of the applicant 24 necessary to perform the specific class of work for which the 25 person seeks certification. The department is authorized to 26 limit the dollar amount of any contract upon which a person is 27 qualified to bid or the aggregate total dollar volume of 28 contracts such person is allowed to have under contract at any 29 one time. Each applicant seeking qualification to bid on 30 construction contracts in excess of $250,000 shall furnish the 31 department a statement under oath, on such forms as the 28 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 department may prescribe, setting forth detailed information 2 as required on the application. Each application for 3 certification shall be accompanied by the latest annual 4 financial statement of the applicant completed within the last 5 12 months. If the annual financial statement shows the 6 financial condition of the applicant more than 4 months prior 7 to the date on which the application is received by the 8 department, then an interim financial statement must also be 9 submitted. The interim financial statement must cover the 10 period from the end date of the annual statement and must show 11 the financial condition of the applicant no more than 4 months 12 prior to the date on which the application is received by the 13 department. Each required annual or interim financial 14 statement must be audited and accompanied by the opinion of a 15 certified public accountant or a public accountant approved by 16 the department. The information required by this subsection is 17 confidential and exempt from the provisions of s. 18 119.07(1). The department shall act upon the application for 19 qualification within 30 days after the department determines 20 that the application is complete. The department may waive the 21 requirements of this subsection for projects having a contract 22 price of $500,000 or less if the department determines that 23 the project is of a noncritical nature and the waiver will not 24 endanger public health, safety, or property. 25 Section 27. Paragraph (a) of subsection (1) of section 26 337.18, Florida Statutes, is amended to read: 27 337.18 Surety bonds for construction or maintenance 28 contracts; requirement with respect to contract award; bond 29 requirements; defaults; damage assessments.-- 30 (1)(a) A surety bond shall be required of the 31 successful bidder in an amount equal to the awarded contract 29 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 price. However, the department may choose, in its discretion 2 and applicable only to multiyear maintenance contracts, to 3 allow for incremental annual contract bonds that cumulatively 4 total the full, awarded, multiyear contract price. For a 5 project for which the contract price is $250,000 $150,000 or 6 less, the department may waive the requirement for all or a 7 portion of a surety bond if it determines the project is of a 8 noncritical nature and nonperformance will not endanger public 9 health, safety, or property. If the secretary or his designee 10 determines that it is in the best interests of the department 11 to reduce the bonding requirement for a project and that to do 12 so will not endanger public health, safety, or property, the 13 department may waive the requirement of a surety bond in an 14 amount equal to the awarded contract price for a project 15 having a contract price of $250 million or more and, in its 16 place, may set a surety bond amount that is a portion of the 17 total contract price and provide an alternate means of 18 security for the balance of the contract amount that is not 19 covered by the surety bond or provide for incremental surety 20 bonding and provide an alternate means of security for the 21 balance of the contract amount that is not covered by the 22 surety bond. Such alternative means of security may include 23 letters of credit, United States bonds and notes, parent 24 company guarantees, and cash collateral. The department may 25 require alternate means of security if a surety bond is 26 waived. The surety on such bond shall be a surety company 27 authorized to do business in the state. All bonds shall be 28 payable to the department and conditioned for the prompt, 29 faithful, and efficient performance of the contract according 30 to plans and specifications and within the time period 31 specified, and for the prompt payment of all persons defined 30 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 in s. 713.01 furnishing labor, material, equipment, and 2 supplies for work provided in the contract; however, whenever 3 an improvement, demolition, or removal contract price is 4 $25,000 or less, the security may, in the discretion of the 5 bidder, be in the form of a cashier's check, bank money order 6 of any state or national bank, certified check, or postal 7 money order. The department shall adopt rules to implement 8 this subsection. Such rules shall include provisions under 9 which the department shall refuse to accept bonds on contracts 10 when a surety wrongfully fails or refuses to settle or provide 11 a defense for claims or actions arising under a contract for 12 which the surety previously furnished a bond. 13 Section 28. Section 338.161, Florida Statutes, is 14 amended to read: 15 338.161 Authority of department or toll agencies to 16 advertise and promote electronic toll collection; expanded 17 uses of electronic toll collection system; studies 18 authorized.-- 19 (1) The department is authorized to incur expenses for 20 paid advertising, marketing, and promotion of toll facilities 21 and electronic toll collection products and services. 22 Promotions may include discounts and free products. 23 (2) The department is authorized to receive funds from 24 advertising placed on electronic toll collection products and 25 promotional materials to defray the costs of products and 26 services. 27 (3)(a) The department or any toll agency created by 28 statute may incur expenses to advertise or promote its 29 electronic toll collection system to consumers on or off the 30 turnpike or toll system. 31 (b) If the department or any toll agency created by 31 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 statute finds that it can increase nontoll revenues or add 2 convenience or other value for its customers, the department 3 or toll agency may enter into agreements with any private or 4 public entity allowing the use of its electronic toll 5 collection system to pay parking fees for vehicles equipped 6 with a transponder or similar device. The department or toll 7 agency may initiate feasibility studies of additional future 8 uses of its electronic toll collection system and make 9 recommendations to the Legislature to authorize such uses. 10 Section 29. Subsections (1), (3), and (4) of section 11 338.2275, Florida Statutes, are amended to read: 12 338.2275 Approved turnpike projects.-- 13 (1) Legislative approval of the department's tentative 14 work program that contains the turnpike project constitutes 15 approval to issue bonds as required by s. 11(f), Art. VII of 16 the State Constitution. No more than $10 billion of bonds may 17 be outstanding to fund approved turnpike projects. Turnpike 18 projects approved to be included in future tentative work 19 programs include, but are not limited to, projects contained 20 in the 2003-2004 tentative work program. A maximum of $4.5 21 billion of bonds may be issued to fund approved turnpike 22 projects. 23 (3) Subject to verification of economic feasibility by 24 the department in accordance with s. 338.221(8), the 25 department shall acquire the assets and assume the liabilities 26 of the Sawgrass Expressway as a candidate project from the 27 Broward County Expressway Authority. The agreement to acquire 28 the Sawgrass Expressway shall be subject to the terms and 29 covenants of the Broward County Expressway Authority Bond 30 Series 1984 and 1986A lease-purchase agreements and shall not 31 act to the detriment of the bondholders nor decrease the 32 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 quality of the bonds. The department shall provide for the 2 cost of operations and maintenance expenses and for the 3 replacement of future Broward County gasoline tax funds 4 pledged for the payment of principal and interest on such 5 bonds. The department shall repay, to the extent possible, 6 Broward County gasoline tax funds used since July 6, 1988, for 7 debt service on such bonds. For the purpose of calculating the 8 economic feasibility of this project, the department is 9 authorized to exclude operations and maintenance expenses 10 accumulated between July 6, 1988, and the date of the 11 agreement. Upon performance of all terms of the agreement 12 between the parties, the Sawgrass Expressway will become a 13 part of the turnpike system. 14 (3)(4) Bonds may not be issued to fund a turnpike 15 project until the department has made a final determination 16 that the project is economically feasible in accordance with 17 s. 338.221, based on the most current information available. 18 Section 30. Subsections (3), (4), and (6) of section 19 338.231, Florida Statutes, are amended to read: 20 338.231 Turnpike tolls, fixing; pledge of tolls and 21 other revenues.--The department shall at all times fix, 22 adjust, charge, and collect such tolls for the use of the 23 turnpike system as are required in order to provide a fund 24 sufficient with other revenues of the turnpike system to pay 25 the cost of maintaining, improving, repairing, and operating 26 such turnpike system; to pay the principal of and interest on 27 all bonds issued to finance or refinance any portion of the 28 turnpike system as the same become due and payable; and to 29 create reserves for all such purposes. 30 (3) The department shall publish a proposed change in 31 the toll rate for the use of an existing toll facility, in the 33 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 manner provided for in s. 120.54, which will provide for 2 public notice and the opportunity for a public hearing before 3 the adoption of the proposed rate change. When the department 4 is evaluating a proposed turnpike toll project under s. 5 338.223 and has determined that there is a high probability 6 that the project will pass the test of economic feasibility 7 predicated on proposed toll rates, the toll rate that is 8 proposed to be charged after the project is constructed must 9 be adopted during the planning and project development phase 10 of the project, in the manner provided for in s. 120.54, 11 including public notice and the opportunity for a public 12 hearing. For such a new project, the toll rate becomes 13 effective upon the opening of the project to traffic. 14 (4) For the period July 1, 1998, through June 30, 2017 15 2007, the department shall, to the maximum extent feasible, 16 program sufficient funds in the tentative work program such 17 that the percentage of turnpike toll and bond financed 18 commitments in Dade County, Broward County, and Palm Beach 19 County as compared to total turnpike toll and bond financed 20 commitments shall be at least 90 percent of the share of net 21 toll collections attributable to users of the turnpike system 22 in Dade County, Broward County, and Palm Beach County as 23 compared to total net toll collections attributable to users 24 of the turnpike system. The requirements of this subsection do 25 not apply when the application of such requirements would 26 violate any covenant established in a resolution or trust 27 indenture relating to the issuance of turnpike bonds. 28 (6) In each fiscal year while any of the bonds of the 29 Broward County Expressway Authority series 1984 and series 30 1986-A remain outstanding, the department is authorized to 31 pledge revenues from the turnpike system to the payment of 34 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 principal and interest of such series of bonds, the repayment 2 of Broward County gasoline tax funds as provided in s. 3 338.2275(3), and the operation and maintenance expenses of the 4 Sawgrass Expressway, to the extent gross toll revenues of the 5 Sawgrass Expressway are insufficient to make such payments. 6 The terms of an agreement relative to the pledge of turnpike 7 system revenue will be negotiated with the parties of the 1984 8 and 1986 Broward County Expressway Authority lease-purchase 9 agreements, and subject to the covenants of those agreements. 10 The agreement shall establish that the Sawgrass Expressway 11 shall be subject to the planning, management, and operating 12 control of the department limited only by the terms of the 13 lease-purchase agreements. The department shall provide for 14 the payment of operation and maintenance expenses of the 15 Sawgrass Expressway until such agreement is in effect. This 16 pledge of turnpike system revenues shall be subordinate to the 17 debt service requirements of any future issue of turnpike 18 bonds, the payment of turnpike system operation and 19 maintenance expenses, and subject to provisions of any 20 subsequent resolution or trust indenture relating to the 21 issuance of such turnpike bonds. 22 23 (Redesignate subsequent sections.) 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 2, line 25, through 29 page 4, line 23, delete those lines 30 31 insert: 35 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 certain dredging projects; amending s. 2 316.2123, F.S.; authorizing a county to 3 designate certain unpaved roadways where an ATV 4 may be operated; providing conditions for such 5 operation; amending s. 316.605, F.S.; providing 6 height and placement requirements for vehicle 7 license plates; prohibiting display that 8 obscures identification of the letters and 9 numbers on a license plate; providing 10 penalties; amending s. 316.650, F.S.; revising 11 procedures for disposition of citations issued 12 for failure to pay toll; providing that the 13 citation will not be submitted to the court and 14 no points will be assessed on the driver's 15 license if the person cited elects to make 16 payment directly to the governmental entity 17 that issued the citation; providing for 18 reporting of the citation by the governmental 19 entity to the Department of Highway Safety and 20 Motor Vehicles; amending s. 318.14, F.S.; 21 providing for the amount required to be paid 22 under certain procedures for disposition of a 23 citation issued for failure to pay toll; 24 providing for the person cited to request a 25 court hearing; amending s. 318.18, F.S.; 26 revising penalties for failure to pay a 27 prescribed toll; providing for disposition of 28 amounts received by the clerk of court; 29 removing procedures for withholding of 30 adjudication; providing for suspension of a 31 driver's license under certain circumstances; 36 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 revising authorized uses of revenue received by 2 a county from a certain surcharge; revising 3 penalty provisions to provide for certain 4 criminal penalties; imposing a surcharge to be 5 paid for specified traffic-related criminal 6 offenses and all moving traffic violations; 7 providing for distribution of the proceeds of 8 the surcharge to be used for the state agency 9 law enforcement radio system; providing for 10 future expiration; amending s. 318.21, F.S.; 11 revising distribution provisions to provide for 12 distribution of the surcharge; providing for 13 future expiration; amending s. 320.061, F.S.; 14 prohibiting interfering with the legibility, 15 angular visibility, or detectability of any 16 feature or detail on a license plate or 17 interfering with the ability to photograph or 18 otherwise record any feature or detail on a 19 license plate; providing penalties; amending s. 20 332.007, F.S.; authorizing the Department of 21 Transportation to provide funds for certain 22 general aviation projects under certain 23 circumstances; extending the timeframe that the 24 department is authorized to provide operational 25 and maintenance assistance to certain airports 26 and may redirect the use of certain funds to 27 security-related or economic-impact projects 28 related to the events of September 11, 2001; 29 amending s. 332.14, F.S.; providing that 30 certain members of the Secure Airports for 31 Florida's Economy Council shall be nonvoting 37 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 members; authorizing certain members to 2 overrule certain actions of the council; 3 amending s. 334.351, F.S.; amending s. 334.351, 4 F.S.; requiring nonprofit youth organizations 5 that contract with the Department of 6 Transportation for the purpose of operating 7 youth work experience programs to certify that 8 the program participants are residents of the 9 state and possess valid identification; 10 specifying criteria for the department to 11 consider in awarding contracts to such 12 organizations; requiring that the nonprofit 13 youth organizations submit certain reports and 14 audits to the department and demonstrate 15 participation in a peer assessment or review 16 process; amending s. 336.025, F.S.; deleting a 17 prohibition against local governments issuing 18 certain bonds secured by revenues from local 19 option fuel taxes more than once a year; 20 amending s. 336.41, F.S.; revising an exception 21 to competitive-bid requirements for certain 22 county road construction and reconstruction 23 projects; increasing the value threshold under 24 which the exception applies; defining the term 25 "construction aggregate materials"; providing 26 legislative intent; prohibiting a local 27 government from approving or denying a land use 28 zoning change, comprehensive plan amendment, 29 land use permit, ordinance, or order regarding 30 construction aggregate materials without 31 considering information provided by the 38 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 Department of Transportation and considering 2 the effect of such decision; prohibiting an 3 agency from imposing a moratorium on the mining 4 and extraction of construction aggregate 5 materials of longer than a specified period; 6 providing that limerock environmental resource 7 permitting and reclamation applications are 8 eligible to be expedited; establishing the 9 Strategic Aggregates Review Task Force; 10 providing for membership, staffing, reporting, 11 and expiration; providing for support and the 12 coordination of data and information for the 13 task force; requiring that the task force 14 report its findings to the Governor and the 15 Legislature; providing report requirements; 16 providing for the dissolution of the task 17 force; creating s. 337.026, F.S.; authorizing 18 the Department of Transportation to pursue 19 procurement techniques relating to construction 20 aggregate materials; authorizing the department 21 to enter into agreements for construction 22 aggregate materials; providing exceptions; 23 providing requirements for such exceptions; 24 amending s. 337.11, F.S.; providing that 25 certain construction projects be advertised for 26 bids in local newspapers; amending s. 337.14, 27 F.S.; authorizing the department to waive 28 specified prequalification requirements for 29 certain transportation projects under certain 30 conditions; amending s. 337.18, F.S.; revising 31 surety bond requirements for construction or 39 4:12 PM 04/28/07 s1928.20tr.fff
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 020844 1 maintenance contracts; providing for 2 incremental annual surety bonds for multiyear 3 maintenance contracts under certain conditions; 4 revising the threshold for transportation 5 projects eligible for a waiver of surety bond 6 requirements; authorizing the department to 7 provide for phased surety bond coverage or an 8 alternate means of security for a portion of 9 the contract amount in lieu of the surety bond; 10 amending s. 338.161, F.S.; providing for the 11 Department of Transportation and certain toll 12 agencies to enter into agreements with public 13 or private entities for additional uses of 14 electronic toll collection products and 15 services; authorizing feasibility studies by 16 the department or a toll agency of additional 17 uses of electronic toll devices for legislative 18 consideration; amending s. 338.2275, F.S.; 19 raising the limit on outstanding bonds to fund 20 turnpike projects; removing a provision 21 authorizing the department to acquire the 22 Sawgrass Expressway from the Broward County 23 Expressway Authority; amending s. 338.231, 24 F.S.; extending the timeframe for application 25 of requirement that the department program in 26 the tentative work program certain funds 27 relative to the share of toll collections 28 attributable to users of the turnpike system in 29 certain areas; removing a reference to conform; 30 amending s. 339.08, F.S.; 31 40 4:12 PM 04/28/07 s1928.20tr.fff