CS/CS/HB 1399

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 20.23, F.S.; providing for the salary and
4	benefits of the executive director of the Florida
5	Transportation Commission to be set in accordance with the
6	Senior Management Service; amending s. 125.42, F.S.;
7	providing for counties to incur certain costs related to
8	relocation or removal of certain utility facilities under
9	specified circumstances; amending s. 163.3177, F.S.;
10	revising requirements for comprehensive plans; providing a
11	timeframe for submission of certain information to the
12	state land planning agency; providing for airports, land
13	adjacent to airports, and certain interlocal agreements
14	relating thereto in certain elements of the plan; amending
15	s. 163.3178, F.S.; providing that certain port-related
16	facilities are not developments of regional impact under
17	certain circumstances; amending s. 163.3182, F.S.,
18	relating to transportation concurrency backlog
19	authorities; providing legislative findings and
20	declarations; expanding the power of authorities to borrow
21	money to include issuing certain debt obligations;
22	providing a maximum maturity date for certain debt
23	incurred to finance or refinance certain transportation
24	concurrency backlog projects; authorizing authorities to
25	continue operations and administer certain trust funds for
26	the period of the remaining outstanding debt; requiring
27	local transportation concurrency backlog trust funds to
28	continue to be funded for certain purposes; providing for
29	increased ad valorem tax increment funding for such trust
30	funds under certain circumstances; revising provisions for
31	dissolution of an authority; amending s. 287.055, F.S.;
32	conforming a cross-reference; amending s. 316.0741, F.S.;
33	redefining the term "hybrid vehicle"; authorizing the
34	driving of a hybrid, low-emission, or energy-efficient
35	vehicle in a high-occupancy-vehicle lane regardless of
36	occupancy; requiring certain vehicles to comply with
37	specified federal standards to be driven in an HOV lane
38	regardless of occupancy; revising provisions for issuance
39	of a decal and certificate; providing for the Department
40	of Highway Safety and Motor Vehicles to limit or
41	discontinue issuance of decals for the use of HOV
42	facilities by hybrid and low-emission and energy-efficient
43	vehicles under certain circumstances; directing the
44	department to review a specified federal rule and make a
45	report to the Legislature; exempting certain vehicles from
46	the payment of certain tolls; amending s. 316.193, F.S.;
47	revising the prohibition against driving under the
48	influence of alcohol; revising the blood-alcohol or
49	breath-alcohol level at which certain penalties apply;
50	revising requirement for placement of an ignition
51	interlock device; amending s. 316.2397, F.S.; allowing
52	county correctional agencies to use blue lights on
53	vehicles when responding to emergencies; amending s.
54	316.302, F.S.; revising references to rules, regulations,
55	and criteria governing commercial motor vehicles engaged
56	in intrastate commerce; providing that the department
57	performs duties assigned to the Field Administrator of the
58	Federal Motor Carrier Safety Administration under the
59	federal rules and may enforce those rules; amending ss.
60	316.613 and 316.614, F.S.; revising the definition of
61	"motor vehicle" for purposes of child restraint and safety
62	belt usage requirements; amending s. 316.656, F.S.;
63	revising the prohibition against a judge accepting a plea
64	to a lesser offense from a person charged under certain
65	DUI provisions; revising the blood-alcohol or breath-
66	alcohol level at which the prohibition applies; amending
67	s. 318.18, F.S.; providing that a license may not be
68	suspended for failure to pay tolls if a SunPass is
69	registered to the vehicle involved; amending s. 320.02,
70	F.S.; removing a requirement for a motorcycle endorsement
71	at the time of original registration of a motorcycle,
72	motor-driven cycle, or moped; amending s. 322.64, F.S.;
73	providing that refusal to submit to a breath, urine, or
74	blood test disqualifies a person from operating a
75	commercial motor vehicle; providing a period of
76	disqualification if a person has an unlawful blood-alcohol
77	or breath-alcohol level; providing for issuance of a
78	notice of disqualification; revising the requirements for
79	a formal review hearing following a person's
80	disqualification from operating a commercial motor
81	vehicle; amending s. 334.044, F.S.; revising powers and
82	duties of the department; requiring the department to
83	maintain certain training programs; authorizing such
84	programs to provide for incremental increases to base
85	salary for employees successfully completing training
86	phases; providing that a county, municipality, or special
87	district may not own or operate an asphalt plant or a
88	portable or stationary concrete batch plant having an
89	independent mixer; provides exemptions; amending s.
90	337.0261, F.S.; providing legislative intent; revising the
91	sunset date for the Strategic Aggregate Review Task Force;
92	providing for an assessment of aggregate construction
93	materials in the state; providing duties of the Department
94	of Transportation, the Department of Environmental
95	Protection, the Department of Community Affairs, and the
96	Florida Geological Survey; providing for measures of the
97	assessment; directing the Strategic Aggregate Review Task
98	Force to prepare findings and make reports to the
99	Governor, the Legislature, and the department; authorizing
100	the department to adopt rules; providing an appropriation;
101	amending s. 337.11, F.S.; providing for the department to
102	pay a portion of certain proposal development costs;
103	requiring the department to advertise certain contracts as
104	design-build contracts; directing the department to adopt
105	rules for certain procedures; amending ss. 337.14 and
106	337.16, F.S.; conforming cross-references; amending s.
107	337.18, F.S.; requiring the contractor to maintain a copy
108	of the required payment and performance bond at certain
109	locations and provide a copy upon request; providing that
110	a copy may be obtained directly from the department;
111	removing a provision requiring a copy be recorded in the
112	public records of the county; amending s. 337.185, F.S.;
113	providing for the State Arbitration Board to arbitrate
114	certain claims relating to maintenance contracts;
115	providing for a member of the board to be elected by
116	maintenance companies as well as construction companies;
117	amending s. 337.403, F.S.; providing for the department or
118	local governmental entity to pay certain costs of removal
119	or relocation of a utility facility that is found to be
120	interfering with the use, maintenance, improvement,
121	extension, or expansion of a public road or publicly owned
122	rail corridor under described circumstances; amending s.
123	337.408, F.S.; providing for public pay telephones and
124	advertising thereon to be installed within the right-of-
125	way limits of any municipal, county, or state road;
126	amending s. 338.01, F.S.; requiring new and replacement
127	electronic toll collection systems to be interoperable
128	with the department's system; amending s. 338.165, F.S.;
129	revising provisions for use of certain toll revenue;
130	providing for application; amending s. 338.2216, F.S.;
131	directing the Florida Turnpike Enterprise to implement new
132	technologies and processes in its operations and
133	collection of tolls and other amounts; providing contract
134	bid requirements for fuel and food on the turnpike system;
135	amending s. 338.223, F.S.; conforming a cross-reference;
136	amending s. 338.231, F.S.; revising provisions for
137	establishing and collecting tolls; authorizing collection
138	of amounts to cover costs of toll collection and payment
139	methods; requiring public notice and hearing; amending s.
140	339.12, F.S.; revising requirements for aid and
141	contributions by governmental entities for transportation
142	projects; revising limits under which the department may
143	enter into an agreement with a county for a project or
144	project phase not in the adopted work program; authorizing
145	the department to enter into certain long-term repayment
146	agreements; amending s. 339.135, F.S.; revising the
147	department's authority to amend the adopted work program;
148	providing for a notification and review process for
149	certain work program amendments; amending s. 339.155,
150	F.S.; revising provisions for development of the Florida
151	Transportation Plan; amending s. 339.2816, F.S., relating
152	to the small county road assistance program; providing for
153	resumption of certain funding for the program; revising
154	the criteria for counties eligible to participate in the
155	program; amending ss. 339.2819 and 339.285, F.S.;
156	conforming cross-references; amending s. 341.301, F.S.;
157	providing definitions relating to commuter rail service,
158	rail corridors, and railroad operation for purposes of the
159	rail program within the department; amending s. 341.302,
160	F.S.; authorizing the department to assume certain
161	liability on a rail corridor; authorizing the department
162	to indemnify and hold harmless a railroad company when the
163	department acquires a rail corridor from the company;
164	providing allocation of risk; providing a specific cap on
165	the amount of the contractual duty for such
166	indemnification; authorizing the department to purchase
167	and provide insurance in relation to rail corridors;
168	authorizing marketing and promotional expenses; extending
169	provisions to other governmental entities providing
170	commuter rail service on public right-of-way; creating s.
171	341.3023, F.S.; requiring the department to review and
172	study commuter rail programs and intercity rail
173	transportation systems; requiring a report to the Governor
174	and the Legislature; repealing part III of ch. 343 F.S.;
175	abolishing the Tampa Bay Commuter Transit Authority;
176	amending s. 348.0003, F.S.; providing for financial
177	disclosure for expressway, transportation, bridge, and
178	toll authorities; amending s. 348.0004, F.S.; providing
179	for certain expressway authorities to index toll rate
180	increases; amending s. 479.01, F.S.; revising provisions
181	for outdoor advertising; revising the definition of the
182	term "automatic changeable facing"; amending s. 479.07,
183	F.S.; revising a prohibition against signs on the State
184	Highway System; revising requirements for display of the
185	sign permit tag; directing the department to establish by
186	rule a fee for furnishing a replacement permit tag;
187	revising the pilot project for permitted signs to include
188	Hillsborough County and areas within the boundaries of the
189	City of Miami; amending s. 479.08, F.S.; revising
190	provisions for denial or revocation of a sign permit;
191	amending s. 479.156, F.S.; revising provisions for a
192	municipality or county to permit and regulate wall murals;
193	amending s. 479.261, F.S.; revising provisions for the
194	logo sign program; revising requirements for businesses to
195	participate in the program; authorizing the department to
196	adopt rules for removing and adding businesses on a
197	rotating basis; removing a provision for an application
198	fee; revising the provisions for an annual permit fee;
199	providing for rules to phase in the fee; creating a
200	business partnership pilot program; authorizing the Palm
201	Beach County School District to display names of business
202	partners on district property; exempting the program from
203	specified provisions; amending s. 768.28, F.S.; expanding
204	the list of entities considered agents of the state;
205	providing for construction in relation to certain federal
206	laws; requiring the department to ensure certain providers
207	of railroad related services meet certain requirements;
208	requiring the department to conduct a study of
209	transportation alternatives for the Interstate 95
210	corridor; requiring a report to the Governor and the
211	Legislature; transferring the Office of Motor Carrier
212	Compliance to the Division of the Florida Highway Patrol
213	of the Department of Highway Safety and Motor Vehicles;
214	providing for assistance to certain legislative
215	substantive committees by the Division of Statutory
216	Revision of the Office of Legislative Services for certain
217	purposes; requiring the Office of Program Policy Analysis
218	and Government Accountability to review the operations and
219	efficiencies of the Miami-Dade Expressway Authority and
220	submit a report on its findings to the Legislature;
221	reenacting ss. 316.066(3)(a), 316.072(4)(b), 316.1932(3),
222	316.1933(4), 316.1937(1) and (2)(d), 316.1939(1)(b),
223	316.656(1), 318.143(4) and (5), 318.17(3), 320.055(1)(c),
224	322.03(2), 322.0602(2)(a), 322.21(8), 322.25(5),
225	322.26(1)(a), 322.2615(14)(a) and (16), 322.2616(15) and
226	(19), 322.264(1)(b), 322.271(2)(a), (c) and (4),
227	322.2715(2), (3)(a), (c), and (4), 322.28(2),
228	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
229	322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
230	(14), and (15), 323.001(4)(f), 324.023, 324.131,
231	327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
232	493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
233	and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
234	to written reports of crashes, obedience to and effect of
235	traffic laws, tests for alcohol, chemical substances, or
236	controlled substances, implied consent, refusal, blood
237	test for impairment or intoxication in cases of death or
238	serious bodily injury, right to use reasonable force,
239	ignition interlock devices, requiring, unlawful acts,
240	refusal to submit to testing, penalties, mandatory
241	adjudication, prohibition against accepting plea to lesser
242	included offense, sanctions for infractions by minors,
243	offenses excepted, registration periods, renewal periods,
244	drivers must be licensed, penalties, youthful drunk driver
245	visitation program, license fees, procedure for handling
246	and collecting fees, when court to forward license to
247	department and report convictions, temporary reinstatement
248	of driving privileges, mandatory revocation of license by
249	department, suspension of license, right to review,
250	suspension of license, persons under 21 years of age,
251	right to review, "habitual traffic offender" defined,
252	authority to modify revocation, cancellation, or
253	suspension order, ignition interlock device, period of
254	suspension or revocation, procedure when court revokes or
255	suspends license or driving privilege and orders
256	reinstatement, driver improvement schools or dui programs,
257	required in certain suspension and revocation cases,
258	driving while license suspended, revoked, canceled, or
259	disqualified, driving under the influence, commercial
260	motor vehicle operators, alcohol or drug testing,
261	commercial motor vehicle operators, holder of commercial
262	driver's license, driving with unlawful blood-alcohol
263	level, refusal to submit to breath, urine, or blood test,
264	wrecker operator storage facilities, vehicle holds,
265	financial responsibility for bodily injury or death,
266	period of suspension, boating under the influence,
267	penalties, "designated drivers," limits on liability,
268	definitions, coverage, license requirements, posting,
269	motor vehicle liability, surety on auto club traffic
270	arrest bond, conditions, limit, bail bond, license to
271	carry concealed weapon or firearm, guaranteed arrest bond
272	certificates as cash bail, and pretrial detention and
273	release, to incorporate references in changes made by the
274	act; providing effective dates.
275
276	Be It Enacted by the Legislature of the State of Florida:
277
278	Section 1.  Paragraph (h) of subsection (2) of section
279	20.23, Florida Statutes, is amended to read:
280	20.23  Department of Transportation.--There is created a
281	Department of Transportation which shall be a decentralized
282	agency.
283	(2)
284	(h)  The commission shall appoint an executive director and
285	assistant executive director, who shall serve under the
286	direction, supervision, and control of the commission. The
287	executive director, with the consent of the commission, shall
288	employ such staff as are necessary to perform adequately the
289	functions of the commission, within budgetary limitations. All
290	employees of the commission are exempt from part II of chapter
291	110 and shall serve at the pleasure of the commission. The
292	salary and benefits of the executive director shall be set in
293	accordance with the Senior Management Service. The salaries and
294	benefits of all other employees of the commission shall be set
295	in accordance with the Selected Exempt Service; provided,
296	however, that the commission has shall have complete authority
297	for fixing the salary of the executive director and assistant
298	executive director.
299	Section 2.  Subsection (5) of section 125.42, Florida
300	Statutes, is amended to read:
301	125.42  Water, sewage, gas, power, telephone, other
302	utility, and television lines along county roads and highways.--
303	(5)  In the event of widening, repair, or reconstruction of
304	any such road, the licensee shall move or remove such water,
305	sewage, gas, power, telephone, and other utility lines and
306	television lines at no cost to the county except as provided in
307	s. 337.403(1)(e).
308	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
309	of section 163.3177, Florida Statutes, are amended to read:
310	163.3177  Required and optional elements of comprehensive
311	plan; studies and surveys.--
312	(6)  In addition to the requirements of subsections (1)-(5)
313	and (12), the comprehensive plan shall include the following
314	elements:
315	(a)  A future land use plan element designating proposed
316	future general distribution, location, and extent of the uses of
317	land for residential uses, commercial uses, industry,
318	agriculture, recreation, conservation, education, public
319	buildings and grounds, other public facilities, and other
320	categories of the public and private uses of land. Counties are
321	encouraged to designate rural land stewardship areas, pursuant
322	to the provisions of paragraph (11)(d), as overlays on the
323	future land use map. Each future land use category must be
324	defined in terms of uses included, and must include standards to
325	be followed in the control and distribution of population
326	densities and building and structure intensities. The proposed
327	distribution, location, and extent of the various categories of
328	land use shall be shown on a land use map or map series which
329	shall be supplemented by goals, policies, and measurable
330	objectives. The future land use plan shall be based upon
331	surveys, studies, and data regarding the area, including the
332	amount of land required to accommodate anticipated growth; the
333	projected population of the area; the character of undeveloped
334	land; the availability of water supplies, public facilities, and
335	services; the need for redevelopment, including the renewal of
336	blighted areas and the elimination of nonconforming uses which
337	are inconsistent with the character of the community; the
338	compatibility of uses on lands adjacent to or closely proximate
339	to military installations; lands adjacent to an airport as
340	defined in s. 330.35 and consistent with provisions in s.
341	333.02; and, in rural communities, the need for job creation,
342	capital investment, and economic development that will
343	strengthen and diversify the community's economy. The future
344	land use plan may designate areas for future planned development
345	use involving combinations of types of uses for which special
346	regulations may be necessary to ensure development in accord
347	with the principles and standards of the comprehensive plan and
348	this act. The future land use plan element shall include
349	criteria to be used to achieve the compatibility of adjacent or
350	closely proximate lands with military installations; lands
351	adjacent to an airport as defined in s. 330.35 and consistent
352	with provisions in s. 333.02. In addition, for rural
353	communities, the amount of land designated for future planned
354	industrial use shall be based upon surveys and studies that
355	reflect the need for job creation, capital investment, and the
356	necessity to strengthen and diversify the local economies, and
357	shall not be limited solely by the projected population of the
358	rural community. The future land use plan of a county may also
359	designate areas for possible future municipal incorporation. The
360	land use maps or map series shall generally identify and depict
361	historic district boundaries and shall designate historically
362	significant properties meriting protection. For coastal
363	counties, the future land use element must include, without
364	limitation, regulatory incentives and criteria that encourage
365	the preservation of recreational and commercial working
366	waterfronts as defined in s. 342.07. The future land use element
367	must clearly identify the land use categories in which public
368	schools are an allowable use. When delineating the land use
369	categories in which public schools are an allowable use, a local
370	government shall include in the categories sufficient land
371	proximate to residential development to meet the projected needs
372	for schools in coordination with public school boards and may
373	establish differing criteria for schools of different type or
374	size. Each local government shall include lands contiguous to
375	existing school sites, to the maximum extent possible, within
376	the land use categories in which public schools are an allowable
377	use. The failure by a local government to comply with these
378	school siting requirements will result in the prohibition of the
379	local government's ability to amend the local comprehensive
380	plan, except for plan amendments described in s. 163.3187(1)(b),
381	until the school siting requirements are met. Amendments
382	proposed by a local government for purposes of identifying the
383	land use categories in which public schools are an allowable use
384	are exempt from the limitation on the frequency of plan
385	amendments contained in s. 163.3187. The future land use element
386	shall include criteria that encourage the location of schools
387	proximate to urban residential areas to the extent possible and
388	shall require that the local government seek to collocate public
389	facilities, such as parks, libraries, and community centers,
390	with schools to the extent possible and to encourage the use of
391	elementary schools as focal points for neighborhoods. For
392	schools serving predominantly rural counties, defined as a
393	county with a population of 100,000 or fewer, an agricultural
394	land use category shall be eligible for the location of public
395	school facilities if the local comprehensive plan contains
396	school siting criteria and the location is consistent with such
397	criteria. Local governments required to update or amend their
398	comprehensive plan to include criteria and address compatibility
399	of lands adjacent to an airport as defined in s. 330.35 and
400	consistent with provisions in s. 333.02 adjacent or closely
401	proximate lands with existing military installations in their
402	future land use plan element shall transmit the update or
403	amendment to the state land planning agency department by June
404	30, 2011 2006.
405	(h)1.  An intergovernmental coordination element showing
406	relationships and stating principles and guidelines to be used
407	in the accomplishment of coordination of the adopted
408	comprehensive plan with the plans of school boards, regional
409	water supply authorities, and other units of local government
410	providing services but not having regulatory authority over the
411	use of land, with the comprehensive plans of adjacent
412	municipalities, the county, adjacent counties, or the region,
413	with the state comprehensive plan and with the applicable
414	regional water supply plan approved pursuant to s. 373.0361, as
415	the case may require and as such adopted plans or plans in
416	preparation may exist. This element of the local comprehensive
417	plan shall demonstrate consideration of the particular effects
418	of the local plan, when adopted, upon the development of
419	adjacent municipalities, the county, adjacent counties, or the
420	region, or upon the state comprehensive plan, as the case may
421	require.
422	a.  The intergovernmental coordination element shall
423	provide for procedures to identify and implement joint planning
424	areas, especially for the purpose of annexation, municipal
425	incorporation, and joint infrastructure service areas.
426	b.  The intergovernmental coordination element shall
427	provide for recognition of campus master plans prepared pursuant
428	to s. 1013.30, and airport master plans pursuant to paragraph
429	(k).
430	c.  The intergovernmental coordination element may provide
431	for a voluntary dispute resolution process as established
432	pursuant to s. 186.509 for bringing to closure in a timely
433	manner intergovernmental disputes. A local government may
434	develop and use an alternative local dispute resolution process
435	for this purpose.
436	d.  The intergovernmental coordination element shall
437	provide for interlocal agreements, as established pursuant to s.
438	333.03(1)(b).
439	2.  The intergovernmental coordination element shall
440	further state principles and guidelines to be used in the
441	accomplishment of coordination of the adopted comprehensive plan
442	with the plans of school boards and other units of local
443	government providing facilities and services but not having
444	regulatory authority over the use of land. In addition, the
445	intergovernmental coordination element shall describe joint
446	processes for collaborative planning and decisionmaking on
447	population projections and public school siting, the location
448	and extension of public facilities subject to concurrency, and
449	siting facilities with countywide significance, including
450	locally unwanted land uses whose nature and identity are
451	established in an agreement. Within 1 year of adopting their
452	intergovernmental coordination elements, each county, all the
453	municipalities within that county, the district school board,
454	and any unit of local government service providers in that
455	county shall establish by interlocal or other formal agreement
456	executed by all affected entities, the joint processes described
457	in this subparagraph consistent with their adopted
458	intergovernmental coordination elements.
459	3.  To foster coordination between special districts and
460	local general-purpose governments as local general-purpose
461	governments implement local comprehensive plans, each
462	independent special district must submit a public facilities
463	report to the appropriate local government as required by s.
464	189.415.
465	4.a.  Local governments must execute an interlocal
466	agreement with the district school board, the county, and
467	nonexempt municipalities pursuant to s. 163.31777. The local
468	government shall amend the intergovernmental coordination
469	element to provide that coordination between the local
470	government and school board is pursuant to the agreement and
471	shall state the obligations of the local government under the
472	agreement.
473	b.  Plan amendments that comply with this subparagraph are
474	exempt from the provisions of s. 163.3187(1).
475	5.  The state land planning agency shall establish a
476	schedule for phased completion and transmittal of plan
477	amendments to implement subparagraphs 1., 2., and 3. from all
478	jurisdictions so as to accomplish their adoption by December 31,
479	1999. A local government may complete and transmit its plan
480	amendments to carry out these provisions prior to the scheduled
481	date established by the state land planning agency. The plan
482	amendments are exempt from the provisions of s. 163.3187(1).
483	6.  By January 1, 2004, any county having a population
484	greater than 100,000, and the municipalities and special
485	districts within that county, shall submit a report to the
486	Department of Community Affairs which:
487	a.  Identifies all existing or proposed interlocal service
488	delivery agreements regarding the following: education; sanitary
489	sewer; public safety; solid waste; drainage; potable water;
490	parks and recreation; and transportation facilities.
491	b.  Identifies any deficits or duplication in the provision
492	of services within its jurisdiction, whether capital or
493	operational. Upon request, the Department of Community Affairs
494	shall provide technical assistance to the local governments in
495	identifying deficits or duplication.
496	7.  Within 6 months after submission of the report, the
497	Department of Community Affairs shall, through the appropriate
498	regional planning council, coordinate a meeting of all local
499	governments within the regional planning area to discuss the
500	reports and potential strategies to remedy any identified
501	deficiencies or duplications.
502	8.  Each local government shall update its
503	intergovernmental coordination element based upon the findings
504	in the report submitted pursuant to subparagraph 6. The report
505	may be used as supporting data and analysis for the
506	intergovernmental coordination element.
507	(j)  For each unit of local government within an urbanized
508	area designated for purposes of s. 339.175, a transportation
509	element, which shall be prepared and adopted in lieu of the
510	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
511	and (d) and which shall address the following issues:
512	1.  Traffic circulation, including major thoroughfares and
513	other routes, including bicycle and pedestrian ways.
514	2.  All alternative modes of travel, such as public
515	transportation, pedestrian, and bicycle travel.
516	3.  Parking facilities.
517	4.  Aviation, rail, seaport facilities, access to those
518	facilities, and intermodal terminals.
519	5.  The availability of facilities and services to serve
520	existing land uses and the compatibility between future land use
521	and transportation elements.
522	6.  The capability to evacuate the coastal population prior
523	to an impending natural disaster.
524	7.  Airports, projected airport and aviation development,
525	and land use compatibility around airports that includes areas
526	defined in ss. 333.01 and 333.02.
527	8.  An identification of land use densities, building
528	intensities, and transportation management programs to promote
529	public transportation systems in designated public
530	transportation corridors so as to encourage population densities
531	sufficient to support such systems.
532	9.  May include transportation corridors, as defined in s.
533	334.03, intended for future transportation facilities designated
534	pursuant to s. 337.273. If transportation corridors are
535	designated, the local government may adopt a transportation
536	corridor management ordinance.
537	Section 4.  Subsection (3) of section 163.3178, Florida
538	Statutes, is amended to read:
539	163.3178  Coastal management.--
540	(3)  Expansions to port harbors, spoil disposal sites,
541	navigation channels, turning basins, harbor berths, and other
542	related inwater harbor facilities of ports listed in s.
543	403.021(9); port transportation facilities and projects listed
544	in s. 311.07(3)(b); and intermodal transportation facilities
545	identified pursuant to s. 311.09(3) and facilities determined by
546	the Department of Community Affairs and applicable general
547	purpose local government to be port-related industrial or
548	commercial projects located within 3 miles of or in a port
549	master plan area which rely upon the utilization of port and
550	intermodal transportation facilities shall not be developments
551	of regional impact where such expansions, projects, or
552	facilities are consistent with comprehensive master plans that
553	are in compliance with this section.
554	Section 5.  Paragraph (c) is added to subsection (2) of
555	section 163.3182, Florida Statutes, and paragraph (d) of
556	subsection (3), paragraph (a) of subsection (4), and subsections
557	(5) and (8) of that section are amended, to read:
558	163.3182  Transportation concurrency backlogs.--
559	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
560	AUTHORITIES.--
561	(c)  The Legislature finds and declares that there exists
562	in many counties and municipalities areas with significant
563	transportation deficiencies and inadequate transportation
564	facilities; that many such insufficiencies and inadequacies
565	severely limit or prohibit the satisfaction of transportation
566	concurrency standards; that such transportation insufficiencies
567	and inadequacies affect the health, safety, and welfare of the
568	residents of such counties and municipalities; that such
569	transportation insufficiencies and inadequacies adversely affect
570	economic development and growth of the tax base for the areas in
571	which such insufficiencies and inadequacies exist; and that the
572	elimination of transportation deficiencies and inadequacies and
573	the satisfaction of transportation concurrency standards are
574	paramount public purposes for the state and its counties and
575	municipalities.
576	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
577	AUTHORITY.--Each transportation concurrency backlog authority
578	has the powers necessary or convenient to carry out the purposes
579	of this section, including the following powers in addition to
580	others granted in this section:
581	(d)  To borrow money, including, but not limited to,
582	issuing debt obligations, such as, but not limited to, bonds,
583	notes, certificates, and similar debt instruments; to apply for
584	and accept advances, loans, grants, contributions, and any other
585	forms of financial assistance from the Federal Government or the
586	state, county, or any other public body or from any sources,
587	public or private, for the purposes of this part; to give such
588	security as may be required; to enter into and carry out
589	contracts or agreements; and to include in any contracts for
590	financial assistance with the Federal Government for or with
591	respect to a transportation concurrency backlog project and
592	related activities such conditions imposed pursuant to federal
593	laws as the transportation concurrency backlog authority
594	considers reasonable and appropriate and which are not
595	inconsistent with the purposes of this section.
596	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
597	(a)  Each transportation concurrency backlog authority
598	shall adopt a transportation concurrency backlog plan as a part
599	of the local government comprehensive plan within 6 months after
600	the creation of the authority. The plan shall:
601	1.  Identify all transportation facilities that have been
602	designated as deficient and require the expenditure of moneys to
603	upgrade, modify, or mitigate the deficiency.
604	2.  Include a priority listing of all transportation
605	facilities that have been designated as deficient and do not
606	satisfy concurrency requirements pursuant to s. 163.3180, and
607	the applicable local government comprehensive plan.
608	3.  Establish a schedule for financing and construction of
609	transportation concurrency backlog projects that will eliminate
610	transportation concurrency backlogs within the jurisdiction of
611	the authority within 10 years after the transportation
612	concurrency backlog plan adoption. The schedule shall be adopted
613	as part of the local government comprehensive plan.
614	Notwithstanding such schedule requirements, as long as the
615	schedule provides for the elimination of all transportation
616	concurrency backlogs within 10 years after the adoption of the
617	concurrency backlog plan, the final maturity date of any debt
618	incurred to finance or refinance the related projects may be no
619	later than 40 years after the date such debt is incurred and the
620	authority may continue operations and administer the trust fund
621	established as provided in subsection (5) for as long as such
622	debt remains outstanding.
623	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
624	concurrency backlog authority shall establish a local
625	transportation concurrency backlog trust fund upon creation of
626	the authority. Each local trust fund shall be administered by
627	the transportation concurrency backlog authority within which a
628	transportation concurrency backlog has been identified. Each
629	local trust fund shall continue to be funded pursuant to this
630	section for as long as the projects set forth in the related
631	transportation concurrency backlog plan remain to be completed
632	or until any debt incurred to finance or refinance the related
633	projects are no longer outstanding, whichever occurs later.
634	Beginning in the first fiscal year after the creation of the
635	authority, each local trust fund shall be funded by the proceeds
636	of an ad valorem tax increment collected within each
637	transportation concurrency backlog area to be determined
638	annually and shall be a minimum of 25 percent of the difference
639	between the amounts set forth in paragraphs (a) and (b), except
640	that if all of the affected taxing authorities agree pursuant to
641	an interlocal agreement, a particular local trust fund may be
642	funded by the proceeds of an ad valorem tax increment greater
643	than 25 percent of the difference between the amounts set forth
644	in paragraphs (a) and (b):
645	(a)  The amount of ad valorem tax levied each year by each
646	taxing authority, exclusive of any amount from any debt service
647	millage, on taxable real property contained within the
648	jurisdiction of the transportation concurrency backlog authority
649	and within the transportation backlog area; and
650	(b)  The amount of ad valorem taxes which would have been
651	produced by the rate upon which the tax is levied each year by
652	or for each taxing authority, exclusive of any debt service
653	millage, upon the total of the assessed value of the taxable
654	real property within the transportation concurrency backlog area
655	as shown on the most recent assessment roll used in connection
656	with the taxation of such property of each taxing authority
657	prior to the effective date of the ordinance funding the trust
658	fund.
659	(8)  DISSOLUTION.--Upon completion of all transportation
660	concurrency backlog projects and repayment or defeasance of all
661	debt issued to finance or refinance such projects, a
662	transportation concurrency backlog authority shall be dissolved,
663	and its assets and liabilities shall be transferred to the
664	county or municipality within which the authority is located.
665	All remaining assets of the authority must be used for
666	implementation of transportation projects within the
667	jurisdiction of the authority. The local government
668	comprehensive plan shall be amended to remove the transportation
669	concurrency backlog plan.
670	Section 6.  Paragraph (c) of subsection (9) of section
671	287.055, Florida Statutes, is amended to read:
672	287.055  Acquisition of professional architectural,
673	engineering, landscape architectural, or surveying and mapping
674	services; definitions; procedures; contingent fees prohibited;
675	penalties.--
676	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
677	(c)  Except as otherwise provided in s. 337.11(8)(7), the
678	Department of Management Services shall adopt rules for the
679	award of design-build contracts to be followed by state
680	agencies. Each other agency must adopt rules or ordinances for
681	the award of design-build contracts. Municipalities, political
682	subdivisions, school districts, and school boards shall award
683	design-build contracts by the use of a competitive proposal
684	selection process as described in this subsection, or by the use
685	of a qualifications-based selection process pursuant to
686	subsections (3), (4), and (5) for entering into a contract
687	whereby the selected firm will, subsequent to competitive
688	negotiations, establish a guaranteed maximum price and
689	guaranteed completion date. If the procuring agency elects the
690	option of qualifications-based selection, during the selection
691	of the design-build firm the procuring agency shall employ or
692	retain a licensed design professional appropriate to the project
693	to serve as the agency's representative. Procedures for the use
694	of a competitive proposal selection process must include as a
695	minimum the following:
696	1.  The preparation of a design criteria package for the
697	design and construction of the public construction project.
698	2.  The qualification and selection of no fewer than three
699	design-build firms as the most qualified, based on the
700	qualifications, availability, and past work of the firms,
701	including the partners or members thereof.
702	3.  The criteria, procedures, and standards for the
703	evaluation of design-build contract proposals or bids, based on
704	price, technical, and design aspects of the public construction
705	project, weighted for the project.
706	4.  The solicitation of competitive proposals, pursuant to
707	a design criteria package, from those qualified design-build
708	firms and the evaluation of the responses or bids submitted by
709	those firms based on the evaluation criteria and procedures
710	established prior to the solicitation of competitive proposals.
711	5.  For consultation with the employed or retained design
712	criteria professional concerning the evaluation of the responses
713	or bids submitted by the design-build firms, the supervision or
714	approval by the agency of the detailed working drawings of the
715	project; and for evaluation of the compliance of the project
716	construction with the design criteria package by the design
717	criteria professional.
718	6.  In the case of public emergencies, for the agency head
719	to declare an emergency and authorize negotiations with the best
720	qualified design-build firm available at that time.
721	Section 7.  Section 316.0741, Florida Statutes, is amended
722	to read:
723	316.0741  High-occupancy-vehicle High occupancy vehicle
724	lanes.--
725	(1)  As used in this section, the term:
726	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
727	or "HOV lane" means a lane of a public roadway designated for
728	use by vehicles in which there is more than one occupant unless
729	otherwise authorized by federal law.
730	(b)  "Hybrid vehicle" means a motor vehicle:
731	1.  That draws propulsion energy from onboard sources of
732	stored energy which are both an internal combustion or heat
733	engine using combustible fuel and a rechargeable energy-storage
734	system; and
735	2.  That, in the case of a passenger automobile or light
736	truck, has received a certificate of conformity under the Clean
737	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
738	equivalent qualifying California standards for a low-emission
739	vehicle.
740	(2)  The number of persons that must be in a vehicle to
741	qualify for legal use of the HOV lane and the hours during which
742	the lane will serve as an HOV lane, if it is not designated as
743	such on a full-time basis, must also be indicated on a traffic
744	control device.
745	(3)  Except as provided in subsection (4), a vehicle may
746	not be driven in an HOV lane if the vehicle is occupied by fewer
747	than the number of occupants indicated by a traffic control
748	device. A driver who violates this section shall be cited for a
749	moving violation, punishable as provided in chapter 318.
750	(4)(a)  Notwithstanding any other provision of this
751	section, an inherently low-emission vehicle (ILEV) that is
752	certified and labeled in accordance with federal regulations may
753	be driven in an HOV lane at any time, regardless of its
754	occupancy. In addition, upon the state's receipt of written
755	notice from the proper federal regulatory agency authorizing
756	such use, a vehicle defined as a hybrid vehicle under this
757	section may be driven in an HOV lane at any time, regardless of
758	its occupancy.
759	(b)  All eligible hybrid and all eligible other low-
760	emission and energy-efficient vehicles driven in an HOV lane
761	must comply with the minimum fuel economy standards in 23 U.S.C.
762	s. 166(f)(3)(B).
763	(c)  Upon issuance of the applicable Environmental
764	Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
765	relating to the eligibility of hybrid and other low-emission and
766	energy-efficient vehicles for operation in an HOV lane
767	regardless of occupancy, the Department of Transportation shall
768	review the rule and recommend to the Legislature any statutory
769	changes necessary for compliance with the federal rule. The
770	department shall provide its recommendations no later than 30
771	days following issuance of the final rule.
772	(5)  The department shall issue a decal and registration
773	certificate, to be renewed annually, reflecting the HOV lane
774	designation on such vehicles meeting the criteria in subsection
775	(4) authorizing driving in an HOV lane at any time such use. The
776	department may charge a fee for a decal, not to exceed the costs
777	of designing, producing, and distributing each decal, or $5,
778	whichever is less. The proceeds from sale of the decals shall be
779	deposited in the Highway Safety Operating Trust Fund. The
780	department may, for reasons of operation and management of HOV
781	facilities, limit or discontinue issuance of decals for the use
782	of HOV facilities by hybrid and low-emission and energy-
783	efficient vehicles, regardless of occupancy, if it has been
784	determined by the Department of Transportation that the
785	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
786	(6)  Vehicles having decals by virtue of compliance with
787	the minimum fuel economy standards under 23 U.S.C. s.
788	166(f)(3)(B), and which are registered for use in high-occupancy
789	toll lanes or express lanes in accordance with Department of
790	Transportation rule, shall be allowed to use any HOV lanes
791	redesignated as high-occupancy toll lanes or express lanes
792	without payment of a toll.
793	(5)  As used in this section, the term "hybrid vehicle"
794	means a motor vehicle:
795	(a)  That draws propulsion energy from onboard sources of
796	stored energy which are both:
797	1.  An internal combustion or heat engine using combustible
798	fuel; and
799	2.  A rechargeable energy storage system; and
800	(b)  That, in the case of a passenger automobile or light
801	truck:
802	1.  Has received a certificate of conformity under the
803	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
804	2.  Meets or exceeds the equivalent qualifying California
805	standards for a low-emission vehicle.
806	(7)(6)  The department may adopt rules necessary to
807	administer this section.
808	Section 8.  Subsection (4) of section 316.193, Florida
809	Statutes, is amended to read:
810	316.193  Driving under the influence; penalties.--
811	(4)(a)  Any person who is convicted of a violation of
812	subsection (1) and who has a blood-alcohol level or breath-
813	alcohol level of 0.15 0.20 or higher, or any person who is
814	convicted of a violation of subsection (1) and who at the time
815	of the offense was accompanied in the vehicle by a person under
816	the age of 18 years, shall be punished:
817	1.(a)  By a fine of:
818	a.1.  Not less than $500 or more than $1,000 for a first
819	conviction.
820	b.2.  Not less than $1,000 or more than $2,000 for a second
821	conviction.
822	c.3.  Not less than $2,000 for a third or subsequent
823	conviction.
824	2.(b)  By imprisonment for:
825	a.1.  Not more than 9 months for a first conviction.
826	b.2.  Not more than 12 months for a second conviction.
827	(b)  For the purposes of this subsection, only the instant
828	offense is required to be a violation of subsection (1) by a
829	person who has a blood-alcohol level or breath-alcohol level of
830	0.15 0.20 or higher.
831	(c)  In addition to the penalties in subparagraphs (a)1.
832	and 2. paragraphs (a) and (b), the court shall order the
833	mandatory placement, at the convicted person's sole expense, of
834	an ignition interlock device approved by the department in
835	accordance with s. 316.1938 upon all vehicles that are
836	individually or jointly leased or owned and routinely operated
837	by the convicted person for not less than up to 6 continuous
838	months for the first offense and for not less than at least 2
839	continuous years for a second offense, when the convicted person
840	qualifies for a permanent or restricted license. The
841	installation of such device may not occur before July 1, 2003.
842	Section 9.  Subsection (2) of section 316.2397, Florida
843	Statutes, is amended to read:
844	316.2397  Certain lights prohibited; exceptions.--
845	(2)  It is expressly prohibited for any vehicle or
846	equipment, except police vehicles, to show or display blue
847	lights. However, vehicles owned, operated, or leased by the
848	Department of Corrections or any county correctional agency, may
849	show or display blue lights when responding to emergencies.
850	Section 10.  Effective October 1, 2008, paragraph (b) of
851	subsection (1) and subsections (6) and (8) of section 316.302,
852	Florida Statutes, are amended to read:
853	316.302  Commercial motor vehicles; safety regulations;
854	transporters and shippers of hazardous materials; enforcement.--
855	(1)
856	(b)  Except as otherwise provided in this section, all
857	owners or drivers of commercial motor vehicles that are engaged
858	in intrastate commerce are subject to the rules and regulations
859	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
860	exception of 49 C.F.R. s. 390.5 as it relates to the definition
861	of bus, as such rules and regulations existed on October 1, 2007
862	2005.
863	(6)  The state Department of Transportation shall perform
864	the duties that are assigned to the Field Administrator, Federal
865	Motor Carrier Safety Administration Regional Federal Highway
866	Administrator under the federal rules, and an agent of that
867	department, as described in s. 316.545(9), may enforce those
868	rules.
869	(8)  For the purpose of enforcing this section, any law
870	enforcement officer of the Department of Transportation or duly
871	appointed agent who holds a current safety inspector
872	certification from the Commercial Vehicle Safety Alliance may
873	require the driver of any commercial vehicle operated on the
874	highways of this state to stop and submit to an inspection of
875	the vehicle or the driver's records. If the vehicle or driver is
876	found to be operating in an unsafe condition, or if any required
877	part or equipment is not present or is not in proper repair or
878	adjustment, and the continued operation would present an unduly
879	hazardous operating condition, the officer may require the
880	vehicle or the driver to be removed from service pursuant to the
881	North American Standard Uniform Out-of-Service Criteria, until
882	corrected. However, if continuous operation would not present an
883	unduly hazardous operating condition, the officer may give
884	written notice requiring correction of the condition within 14
885	days.
886	(a)  Any member of the Florida Highway Patrol or any law
887	enforcement officer employed by a sheriff's office or municipal
888	police department authorized to enforce the traffic laws of this
889	state pursuant to s. 316.640 who has reason to believe that a
890	vehicle or driver is operating in an unsafe condition may, as
891	provided in subsection (10), enforce the provisions of this
892	section.
893	(b)  Any person who fails to comply with an officer's
894	request to submit to an inspection under this subsection commits
895	a violation of s. 843.02 if the person resists the officer
896	without violence or a violation of s. 843.01 if the person
897	resists the officer with violence.
898	Section 11.  Subsection (2) of section 316.613, Florida
899	Statutes, is amended to read:
900	316.613  Child restraint requirements.--
901	(2)  As used in this section, the term "motor vehicle"
902	means a motor vehicle as defined in s. 316.003 which that is
903	operated on the roadways, streets, and highways of the state.
904	The term does not include:
905	(a)  A school bus as defined in s. 316.003(45).
906	(b)  A bus used for the transportation of persons for
907	compensation, other than a bus regularly used to transport
908	children to or from school, as defined in s. 316.615(1) (b), or
909	in conjunction with school activities.
910	(c)  A farm tractor or implement of husbandry.
911	(d)  A truck having a gross vehicle weight rating of more
912	than 26,000 of net weight of more than 5,000 pounds.
913	(e)  A motorcycle, moped, or bicycle.
914	Section 12.  Paragraph (a) of subsection (3) of section
915	316.614, Florida Statutes, is amended to read:
916	316.614  Safety belt usage.--
917	(3)  As used in this section:
918	(a)  "Motor vehicle" means a motor vehicle as defined in s.
919	316.003 which that is operated on the roadways, streets, and
920	highways of this state. The term does not include:
921	1.  A school bus.
922	2.  A bus used for the transportation of persons for
923	compensation.
924	3.  A farm tractor or implement of husbandry.
925	4.  A truck having a gross vehicle weight rating of more
926	than 26,000 of a net weight of more than 5,000 pounds.
927	5.  A motorcycle, moped, or bicycle.
928	Section 13.  Paragraph (a) of subsection (2) of section
929	316.656, Florida Statutes, is amended to read:
930	316.656  Mandatory adjudication; prohibition against
931	accepting plea to lesser included offense.--
932	(2)(a)  No trial judge may accept a plea of guilty to a
933	lesser offense from a person charged under the provisions of
934	this act who has been given a breath or blood test to determine
935	blood or breath alcohol content, the results of which show a
936	blood or breath alcohol content by weight of 0.15 0.20 percent
937	or more.
938	Section 14.  Subsection (7) of section 318.18, Florida
939	Statutes, is amended to read:
940	318.18  Amount of penalties.--The penalties required for a
941	noncriminal disposition pursuant to s. 318.14 or a criminal
942	offense listed in s. 318.17 are as follows:
943	(7)  Mandatory $100 fine for each violation of s. 316.1001
944	plus the amount of the unpaid toll shown on the traffic citation
945	for each citation issued. The clerk of the court shall forward
946	$25 of the $100 fine received, plus the amount of the unpaid
947	toll that is shown on the citation, to the governmental entity
948	that issued the citation, or on whose behalf the citation was
949	issued. If a plea arrangement is reached prior to the date set
950	for a scheduled evidentiary hearing and adjudication is
951	withheld, there shall be a mandatory fine assessed per citation
952	of not less than $50 and not more than $100, plus the amount of
953	the unpaid toll for each citation issued. The clerk of the court
954	shall forward $25 of the fine imposed plus the amount of the
955	unpaid toll that is shown on the citation to the governmental
956	entity that issued the citation or on whose behalf the citation
957	was issued. The court shall have specific authority to
958	consolidate issued citations for the same defendant for the
959	purpose of sentencing and aggregate jurisdiction. In addition,
960	the department shall suspend for 60 days the driver's license of
961	a person who is convicted of 10 violations of s. 316.1001 within
962	a 36-month period; however, the department shall not suspend the
963	driver's license if, at the time of the violations, a valid and
964	active SunPass account is registered to the vehicle identified
965	in the citations. Any funds received by a governmental entity
966	for this violation may be used for any lawful purpose related to
967	the operation or maintenance of a toll facility.
968	Section 15.  Effective July 1, 2008, subsection (1) of
969	section 320.02, Florida Statutes, as amended by section 28 of
970	chapter 2006-290, Laws of Florida, is amended to read:
971	320.02  Registration required; application for
972	registration; forms.--
973	(1)  Except as otherwise provided in this chapter, every
974	owner or person in charge of a motor vehicle that is operated or
975	driven on the roads of this state shall register the vehicle in
976	this state. The owner or person in charge shall apply to the
977	department or to its authorized agent for registration of each
978	such vehicle on a form prescribed by the department. Prior to
979	the original registration of a motorcycle, motor-driven cycle,
980	or moped, the owner, if a natural person, must present proof
981	that he or she has a valid motorcycle endorsement as required in
982	chapter 322. A registration is not required for any motor
983	vehicle that is not operated on the roads of this state during
984	the registration period.
985	Section 16.  Section 322.64, Florida Statutes, is amended
986	to read:
987	322.64  Holder of commercial driver's license; persons
988	operating a commercial motor vehicle; driving with unlawful
989	blood-alcohol level; refusal to submit to breath, urine, or
990	blood test.--
991	(1)(a)  A law enforcement officer or correctional officer
992	shall, on behalf of the department, disqualify from operating
993	any commercial motor vehicle a person who while operating or in
994	actual physical control of a commercial motor vehicle is
995	arrested for a violation of s. 316.193, relating to unlawful
996	blood-alcohol level or breath-alcohol level, or a person who has
997	refused to submit to a breath, urine, or blood test authorized
998	by s. 322.63 arising out of the operation or actual physical
999	control of a commercial motor vehicle. A law enforcement officer
1000	or correctional officer shall, on behalf of the department,
1001	disqualify the holder of a commercial driver's license from
1002	operating any commercial motor vehicle if the licenseholder,
1003	while operating or in actual physical control of a motor
1004	vehicle, is arrested for a violation of s. 316.193, relating to
1005	unlawful blood-alcohol level or breath-alcohol level, or refused
1006	to submit to a breath, urine, or blood test authorized by s.
1007	322.63. Upon disqualification of the person, the officer shall
1008	take the person's driver's license and issue the person a 10-day
1009	temporary permit for the operation of noncommercial vehicles
1010	only if the person is otherwise eligible for the driving
1011	privilege and shall issue the person a notice of
1012	disqualification. If the person has been given a blood, breath,
1013	or urine test, the results of which are not available to the
1014	officer at the time of the arrest, the agency employing the
1015	officer shall transmit such results to the department within 5
1016	days after receipt of the results. If the department then
1017	determines that the person was arrested for a violation of s.
1018	316.193 and that the person had a blood-alcohol level or breath-
1019	alcohol level of 0.08 or higher, the department shall disqualify
1020	the person from operating a commercial motor vehicle pursuant to
1021	subsection (3).
1022	(b)  The disqualification under paragraph (a) shall be
1023	pursuant to, and the notice of disqualification shall inform the
1024	driver of, the following:
1025	1.a.  The driver refused to submit to a lawful breath,
1026	blood, or urine test and he or she is disqualified from
1027	operating a commercial motor vehicle for a period of 1 year, for
1028	a first refusal, or permanently, if he or she has previously
1029	been disqualified as a result of a refusal to submit to such a
1030	test; or
1031	b.  The driver was driving or in actual physical control of
1032	a commercial motor vehicle, or any motor vehicle if the driver
1033	holds a commercial driver's license, had an unlawful blood-
1034	alcohol level or breath-alcohol level of 0.08 or higher, and his
1035	or her driving privilege shall be disqualified for a period of 1
1036	year for a first offense or permanently disqualified if his or
1037	her driving privilege has been previously disqualified under
1038	this section. violated s. 316.193 by driving with an unlawful
1039	blood-alcohol level and he or she is disqualified from operating
1040	a commercial motor vehicle for a period of 6 months for a first
1041	offense or for a period of 1 year if he or she has previously
1042	been disqualified, or his or her driving privilege has been
1043	previously suspended, for a violation of s. 316.193.
1044	2.  The disqualification period for operating commercial
1045	vehicles shall commence on the date of arrest or issuance of the
1046	notice of disqualification, whichever is later.
1047	3.  The driver may request a formal or informal review of
1048	the disqualification by the department within 10 days after the
1049	date of arrest or issuance of the notice of disqualification,
1050	whichever is later.
1051	4.  The temporary permit issued at the time of arrest or
1052	disqualification expires will expire at midnight of the 10th day
1053	following the date of disqualification.
1054	5.  The driver may submit to the department any materials
1055	relevant to the disqualification arrest.
1056	(2)  Except as provided in paragraph (1)(a), the law
1057	enforcement officer shall forward to the department, within 5
1058	days after the date of the arrest or the issuance of the notice
1059	of disqualification, whichever is later, a copy of the notice of
1060	disqualification, the driver's license of the person
1061	disqualified arrested, and a report of the arrest, including, if
1062	applicable, an affidavit stating the officer's grounds for
1063	belief that the person disqualified arrested was operating or in
1064	actual physical control of a commercial motor vehicle, or holds
1065	a commercial driver's license, and had an unlawful blood-alcohol
1066	or breath-alcohol level in violation of s. 316.193; the results
1067	of any breath or blood or urine test or an affidavit stating
1068	that a breath, blood, or urine test was requested by a law
1069	enforcement officer or correctional officer and that the person
1070	arrested refused to submit; a copy of the notice of
1071	disqualification citation issued to the person arrested; and the
1072	officer's description of the person's field sobriety test, if
1073	any. The failure of the officer to submit materials within the
1074	5-day period specified in this subsection or subsection (1) does
1075	shall not affect the department's ability to consider any
1076	evidence submitted at or prior to the hearing. The officer may
1077	also submit a copy of a videotape of the field sobriety test or
1078	the attempt to administer such test and a copy of the crash
1079	report, if any.
1080	(3)  If the department determines that the person arrested
1081	should be disqualified from operating a commercial motor vehicle
1082	pursuant to this section and if the notice of disqualification
1083	has not already been served upon the person by a law enforcement
1084	officer or correctional officer as provided in subsection (1),
1085	the department shall issue a notice of disqualification and,
1086	unless the notice is mailed pursuant to s. 322.251, a temporary
1087	permit which expires 10 days after the date of issuance if the
1088	driver is otherwise eligible.
1089	(4)  If the person disqualified arrested requests an
1090	informal review pursuant to subparagraph (1)(b)3., the
1091	department shall conduct the informal review by a hearing
1092	officer employed by the department. Such informal review hearing
1093	shall consist solely of an examination by the department of the
1094	materials submitted by a law enforcement officer or correctional
1095	officer and by the person disqualified arrested, and the
1096	presence of an officer or witness is not required.
1097	(5)  After completion of the informal review, notice of the
1098	department's decision sustaining, amending, or invalidating the
1099	disqualification must be provided to the person. Such notice
1100	must be mailed to the person at the last known address shown on
1101	the department's records, and to the address provided in the law
1102	enforcement officer's report if such address differs from the
1103	address of record, within 21 days after the expiration of the
1104	temporary permit issued pursuant to subsection (1) or subsection
1105	(3).
1106	(6)(a)  If the person disqualified arrested requests a
1107	formal review, the department must schedule a hearing to be held
1108	within 30 days after such request is received by the department
1109	and must notify the person of the date, time, and place of the
1110	hearing.
1111	(b)  Such formal review hearing shall be held before a
1112	hearing officer employed by the department, and the hearing
1113	officer shall be authorized to administer oaths, examine
1114	witnesses and take testimony, receive relevant evidence, issue
1115	subpoenas for the officers and witnesses identified in documents
1116	as provided in subsection (2), regulate the course and conduct
1117	of the hearing, and make a ruling on the disqualification. The
1118	department and the person disqualified arrested may subpoena
1119	witnesses, and the party requesting the presence of a witness
1120	shall be responsible for the payment of any witness fees. If the
1121	person who requests a formal review hearing fails to appear and
1122	the hearing officer finds such failure to be without just cause,
1123	the right to a formal hearing is waived and the department shall
1124	conduct an informal review of the disqualification under
1125	subsection (4).
1126	(c)  A party may seek enforcement of a subpoena under
1127	paragraph (b) by filing a petition for enforcement in the
1128	circuit court of the judicial circuit in which the person
1129	failing to comply with the subpoena resides. A failure to comply
1130	with an order of the court shall result in a finding of contempt
1131	of court. However, a person shall not be in contempt while a
1132	subpoena is being challenged.
1133	(d)  The department must, within 7 days after a formal
1134	review hearing, send notice to the person of the hearing
1135	officer's decision as to whether sufficient cause exists to
1136	sustain, amend, or invalidate the disqualification.
1137	(7)  In a formal review hearing under subsection (6) or an
1138	informal review hearing under subsection (4), the hearing
1139	officer shall determine by a preponderance of the evidence
1140	whether sufficient cause exists to sustain, amend, or invalidate
1141	the disqualification. The scope of the review shall be limited
1142	to the following issues:
1143	(a)  If the person was disqualified from operating a
1144	commercial motor vehicle for driving with an unlawful blood-
1145	alcohol level in violation of s. 316.193:
1146	1.  Whether the arresting law enforcement officer had
1147	probable cause to believe that the person was driving or in
1148	actual physical control of a commercial motor vehicle, or any
1149	motor vehicle if the driver holds a commercial driver's license,
1150	in this state while he or she had any alcohol, chemical
1151	substances, or controlled substances in his or her body.
1152	2.  Whether the person was placed under lawful arrest for a
1153	violation of s. 316.193.
1154	2.3.  Whether the person had an unlawful blood-alcohol
1155	level or breath-alcohol level of 0.08 or higher as provided in
1156	s. 316.193.
1157	(b)  If the person was disqualified from operating a
1158	commercial motor vehicle for refusal to submit to a breath,
1159	blood, or urine test:
1160	1.  Whether the law enforcement officer had probable cause
1161	to believe that the person was driving or in actual physical
1162	control of a commercial motor vehicle, or any motor vehicle if
1163	the driver holds a commercial driver's license, in this state
1164	while he or she had any alcohol, chemical substances, or
1165	controlled substances in his or her body.
1166	2.  Whether the person refused to submit to the test after
1167	being requested to do so by a law enforcement officer or
1168	correctional officer.
1169	3.  Whether the person was told that if he or she refused
1170	to submit to such test he or she would be disqualified from
1171	operating a commercial motor vehicle for a period of 1 year or,
1172	in the case of a second refusal, permanently.
1173	(8)  Based on the determination of the hearing officer
1174	pursuant to subsection (7) for both informal hearings under
1175	subsection (4) and formal hearings under subsection (6), the
1176	department shall:
1177	(a)  Sustain the disqualification for a period of 1 year
1178	for a first refusal, or permanently if such person has been
1179	previously disqualified from operating a commercial motor
1180	vehicle as a result of a refusal to submit to such tests. The
1181	disqualification period commences on the date of the arrest or
1182	issuance of the notice of disqualification, whichever is later.
1183	(b)  Sustain the disqualification:
1184	1.  For a period of 1 year if the person was driving or in
1185	actual physical control of a commercial motor vehicle, or any
1186	motor vehicle if the driver holds a commercial driver's license,
1187	and had an unlawful blood-alcohol level or breath-alcohol level
1188	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1189	for a period of 1 year
1190	2.  Permanently if the person has been previously
1191	disqualified from operating a commercial motor vehicle or his or
1192	her driving privilege has been previously suspended for driving
1193	or being in actual physical control of a commercial motor
1194	vehicle, or any motor vehicle if the driver holds a commercial
1195	driver's license, and had an unlawful blood-alcohol level or
1196	breath-alcohol level of 0.08 or higher as a result of a
1197	violation of s. 316.193.
1198
1199	The disqualification period commences on the date of the arrest
1200	or issuance of the notice of disqualification, whichever is
1201	later.
1202	(9)  A request for a formal review hearing or an informal
1203	review hearing shall not stay the disqualification. If the
1204	department fails to schedule the formal review hearing to be
1205	held within 30 days after receipt of the request therefor, the
1206	department shall invalidate the disqualification. If the
1207	scheduled hearing is continued at the department's initiative,
1208	the department shall issue a temporary driving permit limited to
1209	noncommercial vehicles which is shall be valid until the hearing
1210	is conducted if the person is otherwise eligible for the driving
1211	privilege. Such permit shall not be issued to a person who
1212	sought and obtained a continuance of the hearing. The permit
1213	issued under this subsection shall authorize driving for
1214	business purposes or employment use only.
1215	(10)  A person who is disqualified from operating a
1216	commercial motor vehicle under subsection (1) or subsection (3)
1217	is eligible for issuance of a license for business or employment
1218	purposes only under s. 322.271 if the person is otherwise
1219	eligible for the driving privilege. However, such business or
1220	employment purposes license shall not authorize the driver to
1221	operate a commercial motor vehicle.
1222	(11)  The formal review hearing may be conducted upon a
1223	review of the reports of a law enforcement officer or a
1224	correctional officer, including documents relating to the
1225	administration of a breath test or blood test or the refusal to
1226	take either test. However, as provided in subsection (6), the
1227	driver may subpoena the officer or any person who administered
1228	or analyzed a breath or blood test.
1229	(12)  The formal review hearing and the informal review
1230	hearing are exempt from the provisions of chapter 120. The
1231	department is authorized to adopt rules for the conduct of
1232	reviews under this section.
1233	(13)  A person may appeal any decision of the department
1234	sustaining the disqualification from operating a commercial
1235	motor vehicle by a petition for writ of certiorari to the
1236	circuit court in the county wherein such person resides or
1237	wherein a formal or informal review was conducted pursuant to s.
1238	322.31. However, an appeal shall not stay the disqualification.
1239	This subsection shall not be construed to provide for a de novo
1240	appeal.
1241	(14)  The decision of the department under this section
1242	shall not be considered in any trial for a violation of s.
1243	316.193, s. 322.61, or s. 322.62, nor shall any written
1244	statement submitted by a person in his or her request for
1245	departmental review under this section be admissible into
1246	evidence against him or her in any such trial. The disposition
1247	of any related criminal proceedings shall not affect a
1248	disqualification imposed pursuant to this section.
1249	(15)  This section does not preclude the suspension of the
1250	driving privilege pursuant to s. 322.2615. The driving privilege
1251	of a person who has been disqualified from operating a
1252	commercial motor vehicle also may be suspended for a violation
1253	of s. 316.193.
1254	Section 17.  Notwithstanding any law to the contrary, a
1255	county, municipality, or special district may not own or operate
1256	an asphalt plant or a portable or stationary concrete batch
1257	plant having an independent mixer; however, this prohibition
1258	does not apply to any county that owns or is under contract to
1259	purchase an asphalt plant as of April 15, 2008, and that
1260	furnishes its plant-generated asphalt solely for use by local
1261	governments or company's under contract with local governments
1262	for projects within the boundaries of such county. Sale of plant
1263	generated asphalt to private entities or local governments
1264	outside the boundaries of such county is prohibited.
1265	Section 18.  Subsection (16) of section 344.044, Florida
1266	Statutes, is amended, and subsection (34) is added to that
1267	section, to read:
1268	334.044  Department; powers and duties.--The department
1269	shall have the following general powers and duties:
1270	(16)  To plan, acquire, lease, construct, maintain, and
1271	operate toll facilities; to authorize the issuance and refunding
1272	of bonds; and to establish fix and collect tolls, variable rate
1273	tolls, or other charges for travel on any such facilities.
1274	(34)  To maintain training programs for department
1275	employees and prospective employees who are graduates from an
1276	approved engineering curriculum of 4 years or more in a school,
1277	college, or university approved by the Board of Professional
1278	Engineers to provide broad practical expertise in the field of
1279	transportation engineering leading to licensure as a
1280	professional engineer. The department shall maintain training
1281	programs for department employees to provide broad practical
1282	experience and enhanced knowledge in the areas of right-of-way
1283	property management, real estate appraisal, and business
1284	valuation relating to department right-of-way acquisition
1285	activities. These training programs may provide for incremental
1286	increases to base salary for all employees enrolled in the
1287	programs upon successful completion of training phases.
1288	Section 19.  Subsection (2)and paragraph (g) of subsection
1289	(5) of section 337.0261, Florida Statutes, are amended, and
1290	subsection (6) is added to that section, to read:
1291	337.0261  Construction aggregate materials.--
1292	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1293	is a strategic and critical need for an available supply of
1294	construction aggregate materials within the state and that a
1295	disruption of the supply would cause a significant detriment to
1296	the state's construction industry, transportation system, and
1297	overall health, safety, and welfare. The Legislature further
1298	finds:
1299	(a)  Construction aggregate materials are a finite natural
1300	resource.
1301	(b)  Construction aggregate materials mining is an industry
1302	of critical importance to the state and is therefore in the
1303	public interest.
1304	(c)  There is a need for a reliable, predictable, and
1305	sustainable supply of construction aggregate materials so that
1306	public and private construction is maintained without
1307	interruption.
1308	(d)  There are a limited number of aggregate resource
1309	counties within the State where aggregate and sand resources
1310	exist.
1311	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1312	(g)  The task force shall be dissolved on March July 1,
1313	2010 2008.
1314	(6)  STRATEGIC AGGREGATE RESOURCE ASSESSMENT (SARA).--
1315	(a)  The department shall organize and provide
1316	administrative support in the preparation of the strategic
1317	aggregate resource assessment. The department, in consultation
1318	with the Department of Environmental Protection, the Department
1319	of Community Affairs, the regional planning councils, shall work
1320	with local governments in the preparation of the strategic
1321	aggregate resource assessment.
1322	1.  For construction aggregate materials the strategic
1323	aggregate resource assessment shall:
1324	a.  Identify and map areas where construction aggregate
1325	materials deposits are located in the state.
1326	b.  Identify and superimpose on the aggregate map a high to
1327	low quality grading classification to identify the areas that
1328	contain the materials needed for road building and repair.
1329	c.  Identify and superimpose on the aggregate map the areas
1330	of natural resources subject to federal or state permitting
1331	requirements in order to identify any potential conflicts
1332	between the location of geologically valuable resources and
1333	natural land and water resources.
1334	d.  Identify and superimpose on the aggregate map the areas
1335	of existing future land use elements of local comprehensive
1336	plans and local zoning regulations in order to identify with
1337	natural resources and existing communities and any potential
1338	conflicts between the areas where growth and development is
1339	planned or placed adjacent to or over deposits of construction
1340	aggregate materials.
1341	e.  Provide a projection of 5-year, 25-year, and 50-year
1342	demand for aggregate.
1343	f.  Provide an estimate of volume of aggregate available
1344	from already permitted mines to meet demand projections.
1345	g.  Identify the availability and estimate the volume of
1346	alternative material, including recycled and reused construction
1347	aggregate, which may substitute for construction aggregate.
1348	h.  Identify international and out-of-state construction
1349	aggregate materials available to meet demand projections.
1350	2.  For infrastructure the strategic aggregate resource
1351	assessment shall:
1352	a.  Provide a rating structure assessing the ability to
1353	mine the deposits in an economic manner, taking into account the
1354	proximity of the materials to the available markets, the
1355	thickness of overburden, and the quantity and quality of the
1356	materials. In assessing the economic viability of a geologic
1357	deposit the strategic aggregate resource assessment shall take
1358	into account the proximity to rail and port facilities where
1359	similar or replacement products can be imported at a lower cost
1360	than producing them locally.
1361	b.  Identify the current and potential capacity of
1362	construction aggregate material imports into the state utilizing
1363	current and planned rail, connecting roadways, and port
1364	infrastructure.
1365	3.  In addition to the information gathered in
1366	subparagraphs 1. and 2., for each of the six "Materials Resource
1367	Planning Areas" identified in the Department of Transportation
1368	report titled, "Strategic Aggregates Study: Sources,
1369	Constraints, and Economic Value of Limestone and Sand in
1370	Florida," dated February 2007, the strategic aggregate resource
1371	assessment shall:
1372	a.  Provide a summary of all regional and local regulatory
1373	jurisdictions impacting the approval of mining, including, but
1374	not limited to, county, municipal, and special district
1375	regulations.
1376	b.  Provide a description of federal, state, and local
1377	environmental regulatory issues impacting access to construction
1378	aggregate reserves.
1379	c.  Identify and map rare, threatened, or endangered
1380	habitats, water resources, and other natural resources subject
1381	to federal, state, and local protection or regulation.
1382	d.  Identify local transportation infrastructure issues
1383	impacting the distribution of aggregate materials, including
1384	level of service and quality of roads, rail access, and, as
1385	appropriate, port capacity and access.
1386	e.  Identify alternatives for when the local construction
1387	mining aggregate supply is exhausted.
1388	(b)  The strategic aggregate resource assessment shall be
1389	updated every 5 years and be included as part of the Florida
1390	Transportation Plan.
1391	(c)  The Strategic Aggregate Review Task Force shall
1392	prepare the findings of the strategic aggregate resource
1393	assessment in an initial report submitted to the Governor, the
1394	President of the Senate, and the Speaker of the House of
1395	Representatives no later than February 1, 2010. Subsequent
1396	reports shall be submitted by department on February 1 following
1397	each 5-year strategic aggregate resource assessment update.
1398	(d)  Information acquired by means of the strategic
1399	aggregate resource assessment may be submitted by willing land
1400	owners to the Florida Geological Survey for inclusion in the
1401	state data repository. Proprietary or business information
1402	submitted to or acquired by the Florida Geological Survey shall
1403	be maintained in an electronic database under the control of the
1404	Florida Geological Survey and protected as trade secrets
1405	pursuant to s. 815.045.
1406	(e)  The department is authorized to adopt rules pursuant
1407	to ss. 120.536(1) and 120.54 to administer this section and in
1408	the preparation of the strategic aggregate resource assessment.
1409	(f)  There is appropriated from the State Transportation
1410	Trust Fund, for fiscal year 2008-2009 only, the sum of $700,000,
1411	which shall require a 50-percent nonstate match, to be used for
1412	the purposes of this subsection.
1413	Section 20.  Subsections (8) through (15) of section
1414	337.11, Florida Statutes, are renumbered as subsections (9)
1415	through (16), respectively, present subsection (7) is renumbered
1416	as subsection (8) and amended, and a new subsection (7) is added
1417	to that section, to read:
1418	337.11  Contracting authority of department; bids;
1419	emergency repairs, supplemental agreements, and change orders;
1420	combined design and construction contracts; progress payments;
1421	records; requirements of vehicle registration.--
1422	(7)  If the department determines that it is in the best
1423	interest of the public, the department may pay a stipend to
1424	unsuccessful firms who have submitted responsive proposals for
1425	construction or maintenance contracts. The decision and amount
1426	of a stipend will be based upon department analysis of the
1427	estimated proposal development costs and the anticipated degree
1428	of competition during the procurement process. Stipends shall be
1429	used to encourage competition and compensate unsuccessful firms
1430	for a portion of their proposal development costs. The
1431	department shall retain the right to use ideas from unsuccessful
1432	firms that accept a stipend.
1433	(8)(7)(a)  If the head of the department determines that it
1434	is in the best interests of the public, the department may
1435	combine the design and construction phases of a building, a
1436	major bridge, a limited access facility, or a rail corridor
1437	project into a single contract. Such contract is referred to as
1438	a design-build contract. The department shall advertise for bid
1439	a minimum of 25 percent of the construction contracts which add
1440	capacity in the 5-year adopted work program as design-build
1441	contracts. Design-build contracts may be advertised and awarded
1442	notwithstanding the requirements of paragraph (3)(c). However,
1443	construction activities may not begin on any portion of such
1444	projects for which the department has not yet obtained title to
1445	the necessary rights-of-way and easements for the construction
1446	of that portion of the project has vested in the state or a
1447	local governmental entity and all railroad crossing and utility
1448	agreements have been executed. Title to rights-of-way shall be
1449	deemed to have vested in the state when the title has been
1450	dedicated to the public or acquired by prescription.
1451	(b)  The department shall adopt by rule procedures for
1452	administering design-build contracts. Such procedures shall
1453	include, but not be limited to:
1454	1.  Prequalification requirements.
1455	2.  Public announcement procedures.
1456	3.  Scope of service requirements.
1457	4.  Letters of interest requirements.
1458	5.  Short-listing criteria and procedures.
1459	6.  Bid proposal requirements.
1460	7.  Technical review committee.
1461	8.  Selection and award processes.
1462	9.  Stipend requirements.
1463	(c)  The department must receive at least three letters of
1464	interest in order to proceed with a request for proposals. The
1465	department shall request proposals from no fewer than three of
1466	the design-build firms submitting letters of interest. If a
1467	design-build firm withdraws from consideration after the
1468	department requests proposals, the department may continue if at
1469	least two proposals are received.
1470	Section 21.  Subsection (7) of section 337.14, Florida
1471	Statutes, is amended to read:
1472	337.14  Application for qualification; certificate of
1473	qualification; restrictions; request for hearing.--
1474	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
1475	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1476	the department under this section may also qualify under s.
1477	287.055 or s. 337.105 to provide testing services, construction,
1478	engineering, and inspection services to the department. This
1479	limitation shall not apply to any design-build prequalification
1480	under s. 337.11(8)(7).
1481	Section 22.  Paragraph (a) of subsection (2) of section
1482	337.16, Florida Statutes, is amended to read:
1483	337.16  Disqualification of delinquent contractors from
1484	bidding; determination of contractor nonresponsibility; denial,
1485	suspension, and revocation of certificates of qualification;
1486	grounds; hearing.--
1487	(2)  For reasons other than delinquency in progress, the
1488	department, for good cause, may determine any contractor not
1489	having a certificate of qualification nonresponsible for a
1490	specified period of time or may deny, suspend, or revoke any
1491	certificate of qualification. Good cause includes, but is not
1492	limited to, circumstances in which a contractor or the
1493	contractor's official representative:
1494	(a)  Makes or submits to the department false, deceptive,
1495	or fraudulent statements or materials in any bid proposal to the
1496	department, any application for a certificate of qualification,
1497	any certification of payment pursuant to s. 337.11(11)(10), or
1498	any administrative or judicial proceeding;
1499	Section 23.  Paragraph (b) of subsection (1) of section
1500	337.18 is amended to read:
1501	337.18  Surety bonds for construction or maintenance
1502	contracts; requirement with respect to contract award; bond
1503	requirements; defaults; damage assessments.--
1504	(1)
1505	(b)  Prior to beginning any work under the contract, the
1506	contractor shall maintain a copy of the payment and performance
1507	bond required under this section at its principal place of
1508	business and at the jobsite office, if one is established, and
1509	the contractor shall provide a copy of the payment and
1510	performance bond within 5 days after receipt of any written
1511	request therefor. A copy of the payment and performance bond
1512	required under this section may also be obtained directly from
1513	the department via a request made pursuant to chapter 119. Upon
1514	execution of the contract, and prior to beginning any work under
1515	the contract, the contractor shall record in the public records
1516	of the county where the improvement is located the payment and
1517	performance bond required under this section. A claimant shall
1518	have a right of action against the contractor and surety for the
1519	amount due him or her, including unpaid finance charges due
1520	under the claimant's contract. Such action shall not involve the
1521	department in any expense.
1522	Section 24.  Subsections (1), (2), and (7) of section
1523	337.185, Florida Statutes, are amended to read:
1524	337.185  State Arbitration Board.--
1525	(1)  To facilitate the prompt settlement of claims for
1526	additional compensation arising out of construction and
1527	maintenance contracts between the department and the various
1528	contractors with whom it transacts business, the Legislature
1529	does hereby establish the State Arbitration Board, referred to
1530	in this section as the "board." For the purpose of this section,
1531	"claim" shall mean the aggregate of all outstanding claims by a
1532	party arising out of a construction or maintenance contract.
1533	Every contractual claim in an amount up to $250,000 per contract
1534	or, at the claimant's option, up to $500,000 per contract or,
1535	upon agreement of the parties, up to $1 million per contract
1536	that cannot be resolved by negotiation between the department
1537	and the contractor shall be arbitrated by the board after
1538	acceptance of the project by the department. As an exception,
1539	either party to the dispute may request that the claim be
1540	submitted to binding private arbitration. A court of law may not
1541	consider the settlement of such a claim until the process
1542	established by this section has been exhausted.
1543	(2)  The board shall be composed of three members. One
1544	member shall be appointed by the head of the department, and one
1545	member shall be elected by those construction or maintenance
1546	companies who are under contract with the department. The third
1547	member shall be chosen by agreement of the other two members.
1548	Whenever the third member has a conflict of interest regarding
1549	affiliation with one of the parties, the other two members shall
1550	select an alternate member for that hearing. The head of the
1551	department may select an alternative or substitute to serve as
1552	the department member for any hearing or term. Each member shall
1553	serve a 2-year term. The board shall elect a chair, each term,
1554	who shall be the administrator of the board and custodian of its
1555	records.
1556	(7)  The members of the board may receive compensation for
1557	the performance of their duties hereunder, from administrative
1558	fees received by the board, except that no employee of the
1559	department may receive compensation from the board. The
1560	compensation amount shall be determined by the board, but shall
1561	not exceed $125 per hour, up to a maximum of $1,000 per day for
1562	each member authorized to receive compensation. Nothing in this
1563	section shall prevent the member elected by construction or
1564	maintenance companies from being an employee of an association
1565	affiliated with the industry, even if the sole responsibility of
1566	that member is service on the board. Travel expenses for the
1567	industry member may be paid by an industry association, if
1568	necessary. The board may allocate funds annually for clerical
1569	and other administrative services.
1570	Section 25.  Subsection (1) of section 337.403, Florida
1571	Statutes, is amended to read:
1572	337.403  Relocation of utility; expenses.--
1573	(1)  Any utility heretofore or hereafter placed upon,
1574	under, over, or along any public road or publicly owned rail
1575	corridor that is found by the authority to be unreasonably
1576	interfering in any way with the convenient, safe, or continuous
1577	use, or the maintenance, improvement, extension, or expansion,
1578	of such public road or publicly owned rail corridor shall, upon
1579	30 days' written notice to the utility or its agent by the
1580	authority, be removed or relocated by such utility at its own
1581	expense except as provided in paragraphs (a)-(f) (a), (b), and
1582	(c).
1583	(a)  If the relocation of utility facilities, as referred
1584	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1585	627 of the 84th Congress, is necessitated by the construction of
1586	a project on the federal-aid interstate system, including
1587	extensions thereof within urban areas, and the cost of such
1588	project is eligible and approved for reimbursement by the
1589	Federal Government to the extent of 90 percent or more under the
1590	Federal Aid Highway Act, or any amendment thereof, then in that
1591	event the utility owning or operating such facilities shall
1592	relocate such facilities upon order of the department, and the
1593	state shall pay the entire expense properly attributable to such
1594	relocation after deducting therefrom any increase in the value
1595	of the new facility and any salvage value derived from the old
1596	facility.
1597	(b)  When a joint agreement between the department and the
1598	utility is executed for utility improvement, relocation, or
1599	removal work to be accomplished as part of a contract for
1600	construction of a transportation facility, the department may
1601	participate in those utility improvement, relocation, or removal
1602	costs that exceed the department's official estimate of the cost
1603	of such work by more than 10 percent. The amount of such
1604	participation shall be limited to the difference between the
1605	official estimate of all the work in the joint agreement plus 10
1606	percent and the amount awarded for this work in the construction
1607	contract for such work. The department may not participate in
1608	any utility improvement, relocation, or removal costs that occur
1609	as a result of changes or additions during the course of the
1610	contract.
1611	(c)  When an agreement between the department and utility
1612	is executed for utility improvement, relocation, or removal work
1613	to be accomplished in advance of a contract for construction of
1614	a transportation facility, the department may participate in the
1615	cost of clearing and grubbing necessary to perform such work.
1616	(d)  If the utility facility being removed or relocated was
1617	initially installed to exclusively serve the department, its
1618	tenants, or both the department and its tenants, the department
1619	shall bear the costs of removal or relocation of that utility
1620	facility. The department shall not be responsible, however, for
1621	bearing the cost of removal or relocation of any subsequent
1622	additions to that facility for the purpose of serving others.
1623	(e)  If, pursuant to an agreement between a utility and the
1624	authority entered into after the effective date of this
1625	subsection, the utility conveys, subordinates, or relinquishes a
1626	compensable property right to the authority for the purpose of
1627	accommodating the acquisition or use of the right-of-way by the
1628	authority, without the agreement expressly addressing future
1629	responsibility for cost of removal or relocation of the utility,
1630	then the authority shall bear the cost of such removal or
1631	relocation. Nothing in this paragraph is intended to impair or
1632	restrict, or be used to interpret, the terms of any such
1633	agreement entered into prior to the effective date of this
1634	paragraph.
1635	(f)  If the utility is an electric facility being relocated
1636	underground in order to enhance vehicular, bicycle, and
1637	pedestrian safety and in which ownership of the electric
1638	facility to be placed underground has been transferred from a
1639	private to a public utility within the past 5 years, the
1640	department shall incur all costs of the relocation.
1641	Section 26.  Subsections (4) and (5) of section 337.408,
1642	Florida Statutes, are amended, subsection (7) is renumbered as
1643	subsection (8), and a new subsection (7) is added to that
1644	section, to read:
1645	337.408  Regulation of benches, transit shelters, street
1646	light poles, waste disposal receptacles, and modular news racks
1647	within rights-of-way.--
1648	(4)  The department has the authority to direct the
1649	immediate relocation or removal of any bench, transit shelter,
1650	waste disposal receptacle, public pay telephone, or modular news
1651	rack which endangers life or property, except that transit bus
1652	benches which have been placed in service prior to April 1,
1653	1992, are not required to comply with bench size and advertising
1654	display size requirements which have been established by the
1655	department prior to March 1, 1992. Any transit bus bench that
1656	was in service prior to April 1, 1992, may be replaced with a
1657	bus bench of the same size or smaller, if the bench is damaged
1658	or destroyed or otherwise becomes unusable. The department is
1659	authorized to adopt rules relating to the regulation of bench
1660	size and advertising display size requirements. If a
1661	municipality or county within which a bench is to be located has
1662	adopted an ordinance or other applicable regulation that
1663	establishes bench size or advertising display sign requirements
1664	different from requirements specified in department rule, the
1665	local government requirement shall be applicable within the
1666	respective municipality or county. Placement of any bench or
1667	advertising display on the National Highway System under a local
1668	ordinance or regulation adopted pursuant to this subsection
1669	shall be subject to approval of the Federal Highway
1670	Administration.
1671	(5)  No bench, transit shelter, waste disposal receptacle,
1672	public pay telephone, or modular news rack, or advertising
1673	thereon, shall be erected or so placed on the right-of-way of
1674	any road which conflicts with the requirements of federal law,
1675	regulations, or safety standards, thereby causing the state or
1676	any political subdivision the loss of federal funds. Competition
1677	among persons seeking to provide bench, transit shelter, waste
1678	disposal receptacle, or modular news rack services or
1679	advertising on such benches, shelters, receptacles, or news
1680	racks may be regulated, restricted, or denied by the appropriate
1681	local government entity consistent with the provisions of this
1682	section.
1683	(7)  Public pay telephones, including advertising displayed
1684	thereon, may be installed within the right-of-way limits of any
1685	municipal, county, or state road, except on a limited access
1686	highway, provided that such pay telephones are installed by a
1687	provider duly authorized and regulated by the Public Service
1688	Commission pursuant to s. 364.3375, that such pay telephones are
1689	operated in accordance with all applicable state and federal
1690	telecommunications regulations, and that written authorization
1691	has been given to a public pay telephone provider by the
1692	appropriate municipal or county government. Each advertisement
1693	shall be limited to a size no greater than 8 square feet and no
1694	public pay telephone booth shall display more than 3 such
1695	advertisements at any given time. No advertisements shall be
1696	allowed on public pay telephones located in rest areas, welcome
1697	centers, and other such facilities located on an interstate
1698	highway.
1699	Section 27.  Subsection (6) is added to section 338.01,
1700	Florida Statutes, to read:
1701	338.01  Authority to establish and regulate limited access
1702	facilities.--
1703	(6)  All new limited access facilities and existing
1704	transportation facilities on which new or replacement electronic
1705	toll collection systems are installed shall be interoperable
1706	with the department's electronic toll collection system.
1707	Section 28.  Subsections (7) and (8) of section 338.165,
1708	Florida Statutes, are renumbered as subsections (8) and (9),
1709	respectively, subsections (2) and (4) are amended, and a new
1710	subsection (7) is added to that section, to read:
1711	338.165  Continuation of tolls.--
1712	(2)  If the revenue-producing project is on the State
1713	Highway System, any remaining toll revenue shall be used within
1714	the county or counties in which the revenue-producing project is
1715	located for the construction, maintenance, or improvement of any
1716	road on the State Highway System or public transit within the
1717	county or counties in which the revenue-producing project is
1718	located, except as provided in s. 348.0004.
1719	(4)  Notwithstanding any other law to the contrary,
1720	pursuant to s. 11, Art. VII of the State Constitution, and
1721	subject to the requirements of subsection (2), the Department of
1722	Transportation may request the Division of Bond Finance to issue
1723	bonds secured by toll revenues to be collected on the Alligator
1724	Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
1725	the Navarre Bridge, and the Pinellas Bayway to fund
1726	transportation projects located within the county or counties in
1727	which the project is located and contained in the adopted work
1728	program of the department.
1729	(7)  This section does not apply to high-occupancy toll
1730	lanes or express lanes.
1731	Section 29.  Paragraphs (d) and (e) are added to subsection
1732	(1) of section 338.2216, Florida Statutes, to read:
1733	338.2216  Florida Turnpike Enterprise; powers and
1734	authority.--
1735	(1)
1736	(d)  The Florida Turnpike Enterprise is directed to pursue
1737	and implement new technologies and processes in its operations
1738	and collection of tolls and the collection of other amounts
1739	associated with road and infrastructure usage. Such technologies
1740	and processes shall include, without limitation, video billing
1741	and variable pricing.
1742	(e)1.  The Florida Turnpike Enterprise shall not under any
1743	circumstances contract with any vendor for the retail sale of
1744	fuel along the Florida Turnpike if such contract is negotiated
1745	or bid together with any other contract, including, but not
1746	limited to, the retail sale of food, maintenance services, or
1747	construction, with the exception that any contract for the
1748	retail sale of fuel along the Florida Turnpike shall be bid and
1749	contracted together with the retail sale of food at any
1750	convenience store attached to the fuel station.
1751	2.  All contracts related to service plazas, including, but
1752	not limited to, the sale of fuel, the retail sale of food,
1753	maintenance services, or construction, except for services
1754	provided as defined in s. 287.055(2)(a), awarded by the Florida
1755	Turnpike Enterprise shall be procured through individual
1756	competitive solicitations and awarded to the most cost-effective
1757	responder. This paragraph does not prohibit the award of more
1758	than one individual contract to a single vendor if he or she
1759	submits the most cost-effective response.
1760	Section 30.  Paragraph (b) of subsection (1) of section
1761	338.223, Florida Statutes, is amended to read:
1762	338.223  Proposed turnpike projects.--
1763	(1)
1764	(b)  Any proposed turnpike project or improvement shall be
1765	developed in accordance with the Florida Transportation Plan and
1766	the work program pursuant to s. 339.135. Turnpike projects that
1767	add capacity, alter access, affect feeder roads, or affect the
1768	operation of the local transportation system shall be included
1769	in the transportation improvement plan of the affected
1770	metropolitan planning organization. If such turnpike project
1771	does not fall within the jurisdiction of a metropolitan planning
1772	organization, the department shall notify the affected county
1773	and provide for public hearings in accordance with s.
1774	339.155(5)(6)(c).
1775	Section 31.  Section 338.231, Florida Statutes, is amended
1776	to read:
1777	338.231  Turnpike tolls, fixing; pledge of tolls and other
1778	revenues.--The department shall at all times fix, adjust,
1779	charge, and collect such tolls and amounts for the use of the
1780	turnpike system as are required in order to provide a fund
1781	sufficient with other revenues of the turnpike system to pay the
1782	cost of maintaining, improving, repairing, and operating such
1783	turnpike system; to pay the principal of and interest on all
1784	bonds issued to finance or refinance any portion of the turnpike
1785	system as the same become due and payable; and to create
1786	reserves for all such purposes.
1787	(1)  In the process of effectuating toll rate increases
1788	over the period 1988 through 1992, the department shall, to the
1789	maximum extent feasible, equalize the toll structure, within
1790	each vehicle classification, so that the per mile toll rate will
1791	be approximately the same throughout the turnpike system. New
1792	turnpike projects may have toll rates higher than the uniform
1793	system rate where such higher toll rates are necessary to
1794	qualify the project in accordance with the financial criteria in
1795	the turnpike law. Such higher rates may be reduced to the
1796	uniform system rate when the project is generating sufficient
1797	revenues to pay the full amount of debt service and operating
1798	and maintenance costs at the uniform system rate. If, after 15
1799	years of opening to traffic, the annual revenue of a turnpike
1800	project does not meet or exceed the annual debt service
1801	requirements and operating and maintenance costs attributable to
1802	such project, the department shall, to the maximum extent
1803	feasible, establish a toll rate for the project which is higher
1804	than the uniform system rate as necessary to meet such annual
1805	debt service requirements and operating and maintenance costs.
1806	The department may, to the extent feasible, establish a
1807	temporary toll rate at less than the uniform system rate for the
1808	purpose of building patronage for the ultimate benefit of the
1809	turnpike system. In no case shall the temporary rate be
1810	established for more than 1 year. The requirements of this
1811	subsection shall not apply when the application of such
1812	requirements would violate any covenant established in a
1813	resolution or trust indenture relating to the issuance of
1814	turnpike bonds.
1815	(1)(2)  Notwithstanding any other provision of law, the
1816	department may defer the scheduled July 1, 1993, toll rate
1817	increase on the Homestead Extension of the Florida Turnpike
1818	until July 1, 1995. The department may also advance funds to the
1819	Turnpike General Reserve Trust Fund to replace estimated lost
1820	revenues resulting from this deferral. The amount advanced must
1821	be repaid within 12 years from the date of advance; however, the
1822	repayment is subordinate to all other debt financing of the
1823	turnpike system outstanding at the time repayment is due.
1824	(2)(3)  The department shall publish a proposed change in
1825	the toll rate for the use of an existing toll facility, in the
1826	manner provided for in s. 120.54, which will provide for public
1827	notice and the opportunity for a public hearing before the
1828	adoption of the proposed rate change. When the department is
1829	evaluating a proposed turnpike toll project under s. 338.223 and
1830	has determined that there is a high probability that the project
1831	will pass the test of economic feasibility predicated on
1832	proposed toll rates, the toll rate that is proposed to be
1833	charged after the project is constructed must be adopted during
1834	the planning and project development phase of the project, in
1835	the manner provided for in s. 120.54, including public notice
1836	and the opportunity for a public hearing. For such a new
1837	project, the toll rate becomes effective upon the opening of the
1838	project to traffic.
1839	(3)(a)(4)  For the period July 1, 1998, through June 30,
1840	2017, the department shall, to the maximum extent feasible,
1841	program sufficient funds in the tentative work program such that
1842	the percentage of turnpike toll and bond financed commitments in
1843	Dade County, Broward County, and Palm Beach County as compared
1844	to total turnpike toll and bond financed commitments shall be at
1845	least 90 percent of the share of net toll collections
1846	attributable to users of the turnpike system in Dade County,
1847	Broward County, and Palm Beach County as compared to total net
1848	toll collections attributable to users of the turnpike system.
1849	The requirements of this subsection do not apply when the
1850	application of such requirements would violate any covenant
1851	established in a resolution or trust indenture relating to the
1852	issuance of turnpike bonds. The department at any time for
1853	economic considerations may establish lower temporary toll rates
1854	for a new or existing toll facility for a period not to exceed 1
1855	year, after which the toll rates promulgated under s. 120.54
1856	shall become effective.
1857	(b)  The department shall also fix, adjust, charge, and
1858	collect such amounts needed to cover the costs of administering
1859	the different toll collection and payment methods and types of
1860	accounts being offered and utilized, in the manner provided for
1861	in s. 120.54, which will provide for public notice and the
1862	opportunity for a public hearing before adoption. Such amounts
1863	may stand alone, or be incorporated in a toll rate structure, or
1864	be a combination thereof.
1865	(4)(5)  When bonds are outstanding which have been issued
1866	to finance or refinance any turnpike project, the tolls and all
1867	other revenues derived from the turnpike system and pledged to
1868	such bonds shall be set aside as may be provided in the
1869	resolution authorizing the issuance of such bonds or the trust
1870	agreement securing the same. The tolls or other revenues or
1871	other moneys so pledged and thereafter received by the
1872	department are immediately subject to the lien of such pledge
1873	without any physical delivery thereof or further act. The lien
1874	of any such pledge is valid and binding as against all parties
1875	having claims of any kind in tort or contract or otherwise
1876	against the department irrespective of whether such parties have
1877	notice thereof. Neither the resolution nor any trust agreement
1878	by which a pledge is created need be filed or recorded except in
1879	the records of the department.
1880	(5)(6)  In each fiscal year while any of the bonds of the
1881	Broward County Expressway Authority series 1984 and series 1986-
1882	A remain outstanding, the department is authorized to pledge
1883	revenues from the turnpike system to the payment of principal
1884	and interest of such series of bonds and the operation and
1885	maintenance expenses of the Sawgrass Expressway, to the extent
1886	gross toll revenues of the Sawgrass Expressway are insufficient
1887	to make such payments. The terms of an agreement relative to the
1888	pledge of turnpike system revenue will be negotiated with the
1889	parties of the 1984 and 1986 Broward County Expressway Authority
1890	lease-purchase agreements, and subject to the covenants of those
1891	agreements. The agreement shall establish that the Sawgrass
1892	Expressway shall be subject to the planning, management, and
1893	operating control of the department limited only by the terms of
1894	the lease-purchase agreements. The department shall provide for
1895	the payment of operation and maintenance expenses of the
1896	Sawgrass Expressway until such agreement is in effect. This
1897	pledge of turnpike system revenues shall be subordinate to the
1898	debt service requirements of any future issue of turnpike bonds,
1899	the payment of turnpike system operation and maintenance
1900	expenses, and subject to provisions of any subsequent resolution
1901	or trust indenture relating to the issuance of such turnpike
1902	bonds.
1903	(6)(7)  The use and disposition of revenues pledged to
1904	bonds are subject to the provisions of ss. 338.22-338.241 and
1905	such regulations as the resolution authorizing the issuance of
1906	such bonds or such trust agreement may provide.
1907	Section 32.  Subsection (4) of section 339.12, Florida
1908	Statutes, is amended to read:
1909	339.12  Aid and contributions by governmental entities for
1910	department projects; federal aid.--
1911	(4)(a)  Prior to accepting the contribution of road bond
1912	proceeds, time warrants, or cash for which reimbursement is
1913	sought, the department shall enter into agreements with the
1914	governing body of the governmental entity for the project or
1915	project phases in accordance with specifications agreed upon
1916	between the department and the governing body of the
1917	governmental entity. The department in no instance is to receive
1918	from such governmental entity an amount in excess of the actual
1919	cost of the project or project phase. By specific provision in
1920	the written agreement between the department and the governing
1921	body of the governmental entity, the department may agree to
1922	reimburse the governmental entity for the actual amount of the
1923	bond proceeds, time warrants, or cash used on a highway project
1924	or project phases that are not revenue producing and are
1925	contained in the department's adopted work program, or any
1926	public transportation project contained in the adopted work
1927	program. Subject to appropriation of funds by the Legislature,
1928	the department may commit state funds for reimbursement of such
1929	projects or project phases. Reimbursement to the governmental
1930	entity for such a project or project phase must be made from
1931	funds appropriated by the Legislature, and reimbursement for the
1932	cost of the project or project phase is to begin in the year the
1933	project or project phase is scheduled in the work program as of
1934	the date of the agreement. Funds advanced pursuant to this
1935	section, which were originally designated for transportation
1936	purposes and so reimbursed to a county or municipality, shall be
1937	used by the county or municipality for any transportation
1938	expenditure authorized under s. 336.025(7). Also, cities and
1939	counties may receive funds from persons, and reimburse those
1940	persons, for the purposes of this section. Such persons may
1941	include, but are not limited to, those persons defined in s.
1942	607.01401(19).
1943	(b)  Prior to entering an agreement to advance a project or
1944	project phase pursuant to this subsection and subsection (5),
1945	the department shall first update the estimated cost of the
1946	project or project phase and certify that the estimate is
1947	accurate and consistent with the amount estimated in the adopted
1948	work program. If the original estimate and the updated estimate
1949	vary, the department shall amend the adopted work program
1950	according to the amendatory procedures for the work program set
1951	forth in s. 339.135(7). The amendment shall reflect all
1952	corresponding increases and decreases to the affected projects
1953	within the adopted work program.
1954	(c)  The department may enter into agreements under this
1955	subsection for a project or project phase not included in the
1956	adopted work program. As used in this paragraph, the term
1957	"project phase" means acquisition of rights-of-way,
1958	construction, construction inspection, and related support
1959	phases. The project or project phase must be a high priority of
1960	the governmental entity. Reimbursement for a project or project
1961	phase must be made from funds appropriated by the Legislature
1962	pursuant to s. 339.135(5). All other provisions of this
1963	subsection apply to agreements entered into under this
1964	paragraph. The total amount of project agreements for projects
1965	or project phases not included in the adopted work program
1966	authorized by this paragraph may not at any time exceed $500
1967	$100 million, of which a maximum of $200 million may be related
1968	to the purchase of rights-of-way. However, notwithstanding such
1969	$500 $100 million limit and any similar limit in s. 334.30,
1970	project advances for any inland county with a population greater
1971	than 500,000 dedicating amounts equal to $500 million or more of
1972	its Local Government Infrastructure Surtax pursuant to s.
1973	212.055(2) for improvements to the State Highway System which
1974	are included in the local metropolitan planning organization's
1975	or the department's long-range transportation plans shall be
1976	excluded from the calculation of the statewide limit of project
1977	advances.
1978	(d)  The department may enter into agreements under this
1979	subsection with any county that has a population of 150,000 or
1980	less as determined by the most recent official estimate pursuant
1981	to s. 186.901 for a project or project phase not included in the
1982	adopted work program. As used in this paragraph, the term
1983	"project phase" means acquisition of rights-of-way,
1984	construction, construction inspection, and related support
1985	phases. The project or project phase must be a high priority of
1986	the governmental entity. Reimbursement for a project or project
1987	phase must be made from funds appropriated by the Legislature
1988	pursuant to s. 339.135(5). All other provisions of this
1989	subsection apply to agreements entered into under this
1990	paragraph. The total amount of project agreements for projects
1991	or project phases not included in the adopted work program
1992	authorized by this paragraph may not at any time exceed $200
1993	million. The project must be included in the local government's
1994	adopted comprehensive plan. The department is authorized to
1995	enter into long-term repayment agreements of up to 30 years.
1996	Section 33.  Paragraphs (c) and (d) of subsection (7) of
1997	section 339.135, Florida Statutes, are amended to read:
1998	339.135  Work program; legislative budget request;
1999	definitions; preparation, adoption, execution, and amendment.--
2000	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
2001	(c)  The department may amend the adopted work program to
2002	transfer fixed capital outlay appropriations for projects within
2003	the same appropriations category or between appropriations
2004	categories, including the following amendments which shall be
2005	subject to the procedures in paragraph (d):
2006	1.  Any amendment which deletes any project or project
2007	phase;
2008	2.  Any amendment which adds a project estimated to cost
2009	over $500,000 $150,000 in funds appropriated by the Legislature;
2010	3.  Any amendment which advances or defers to another
2011	fiscal year, a right-of-way phase, a construction phase, or a
2012	public transportation project phase estimated to cost over
2013	$500,000 in funds appropriated by the Legislature, except an
2014	amendment advancing a phase to the current fiscal year by 1
2015	fiscal year or deferring a phase for a period of 90 days or
2016	less; or
2017	4.  Any amendment which advances or defers to another
2018	fiscal year, any preliminary engineering phase or design phase
2019	estimated to cost over $500,000 $150,000 in funds appropriated
2020	by the Legislature, except an amendment advancing a phase to the
2021	current fiscal year by 1 fiscal year or deferring a phase for a
2022	period of 90 days or less.
2023	(d)1.  Whenever the department proposes any amendment to
2024	the adopted work program, as defined in subparagraph (c)1. or
2025	subparagraph (c)3., which deletes or defers a construction phase
2026	on a capacity project, it shall notify each county affected by
2027	the amendment and each municipality within the county. The
2028	notification shall be issued in writing to the chief elected
2029	official of each affected county, each municipality within the
2030	county, and to the chair of each affected metropolitan planning
2031	organization. Each affected county and each municipality within
2032	a county are encouraged to coordinate with one another to
2033	determine how the amendment impacts local concurrency management
2034	and regional transportation planning efforts. Each affected
2035	county and each municipality within the county shall have 14
2036	calendar days to provide written comments to the department
2037	regarding how the amendment will impact its respective
2038	concurrency management systems, including whether any
2039	development permits were issued contingent upon the capacity
2040	improvement, if applicable. After receipt of written comments
2041	from the affected local governments, the department shall
2042	include any written comments submitted by the affected local
2043	governments in its preparation of the proposed amendment.
2044	2.  Following the 14-day comment period in subparagraph 1.,
2045	if applicable, whenever the department proposes any amendment to
2046	the adopted work program, which amendment is defined in
2047	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
2048	subparagraph (c)4., it shall submit the proposed amendment to
2049	the Governor for approval and shall immediately notify the
2050	chairs of the legislative appropriations committees, the chairs
2051	of the legislative transportation committees, and each member of
2052	the Legislature who represents a district affected by the
2053	proposed amendment. The department shall also notify, each
2054	metropolitan planning organization affected by the proposed
2055	amendment, and each unit of local government affected by the
2056	proposed amendment unless the department provided to each
2057	organization or government the notification required in
2058	subparagraph 1. Such proposed amendment shall provide a complete
2059	justification of the need for the proposed amendment.
2060	3.2.  The Governor shall not approve a proposed amendment
2061	until 14 days following the notification required in
2062	subparagraph 2. 1.
2063	4.3.  If either of the chairs of the legislative
2064	appropriations committees or the President of the Senate or the
2065	Speaker of the House of Representatives objects in writing to a
2066	proposed amendment within 14 days following notification and
2067	specifies the reasons for such objection, the Governor shall
2068	disapprove the proposed amendment.
2069	Section 34.  Section 339.155, Florida Statutes, is amended
2070	to read:
2071	339.155  Transportation planning.--
2072	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
2073	develop and annually update a statewide transportation plan, to
2074	be known as the Florida Transportation Plan. The plan shall be
2075	designed so as to be easily read and understood by the general
2076	public. The purpose of the Florida Transportation Plan is to
2077	establish and define the state's long-range transportation goals
2078	and objectives to be accomplished over a period of at least 20
2079	years within the context of the State Comprehensive Plan, and
2080	any other statutory mandates and authorizations and based upon
2081	the prevailing principles of: preserving the existing
2082	transportation infrastructure; enhancing Florida's economic
2083	competitiveness; and improving travel choices to ensure
2084	mobility. The Florida Transportation Plan shall consider the
2085	needs of the entire state transportation system and examine the
2086	use of all modes of transportation to effectively and
2087	efficiently meet such needs.
2088	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
2089	out a transportation planning process in conformance with s.
2090	334.046(1). which provides for consideration of projects and
2091	strategies that will:
2092	(a)  Support the economic vitality of the United States,
2093	Florida, and the metropolitan areas, especially by enabling
2094	global competitiveness, productivity, and efficiency;
2095	(b)  Increase the safety and security of the transportation
2096	system for motorized and nonmotorized users;
2097	(c)  Increase the accessibility and mobility options
2098	available to people and for freight;
2099	(d)  Protect and enhance the environment, promote energy
2100	conservation, and improve quality of life;
2101	(e)  Enhance the integration and connectivity of the
2102	transportation system, across and between modes throughout
2103	Florida, for people and freight;
2104	(f)  Promote efficient system management and operation; and
2105	(g)  Emphasize the preservation of the existing
2106	transportation system.
2107	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
2108	Transportation Plan shall be a unified, concise planning
2109	document that clearly defines the state's long-range
2110	transportation goals and objectives and documents the
2111	department's short-range objectives developed to further such
2112	goals and objectives. The plan shall:
2113	(a)  Include a glossary that clearly and succinctly defines
2114	any and all phrases, words, or terms of art included in the
2115	plan, with which the general public may be unfamiliar. and shall
2116	consist of, at a minimum, the following components:
2117	(b)(a)  Document A long-range component documenting the
2118	goals and long-term objectives necessary to implement the
2119	results of the department's findings from its examination of the
2120	prevailing principles and criteria provided under listed in
2121	subsection (2) and s. 334.046(1). The long-range component must
2122	(c)  Be developed in cooperation with the metropolitan
2123	planning organizations and reconciled, to the maximum extent
2124	feasible, with the long-range plans developed by metropolitan
2125	planning organizations pursuant to s. 339.175. The plan must
2126	also
2127	(d)  Be developed in consultation with affected local
2128	officials in nonmetropolitan areas and with any affected Indian
2129	tribal governments. The plan must
2130	(e)  Provide an examination of transportation issues likely
2131	to arise during at least a 20-year period. The long-range
2132	component shall
2133	(f)  Be updated at least once every 5 years, or more often
2134	as necessary, to reflect substantive changes to federal or state
2135	law.
2136	(b)  A short-range component documenting the short-term
2137	objectives and strategies necessary to implement the goals and
2138	long-term objectives contained in the long-range component. The
2139	short-range component must define the relationship between the
2140	long-range goals and the short-range objectives, specify those
2141	objectives against which the department's achievement of such
2142	goals will be measured, and identify transportation strategies
2143	necessary to efficiently achieve the goals and objectives in the
2144	plan. It must provide a policy framework within which the
2145	department's legislative budget request, the strategic
2146	information resource management plan, and the work program are
2147	developed. The short-range component shall serve as the
2148	department's annual agency strategic plan pursuant to s.
2149	186.021. The short-range component shall be developed consistent
2150	with available and forecasted state and federal funds. The
2151	short-range component shall also be submitted to the Florida
2152	Transportation Commission.
2153	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
2154	develop an annual performance report evaluating the operation of
2155	the department for the preceding fiscal year. The report shall
2156	also include a summary of the financial operations of the
2157	department and shall annually evaluate how well the adopted work
2158	program meets the short-term objectives contained in the short-
2159	range component of the Florida Transportation Plan. This
2160	performance report shall be submitted to the Florida
2161	Transportation Commission and the legislative appropriations and
2162	transportation committees.
2163	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
2164	(a)  Upon request by local governmental entities, the
2165	department may in its discretion develop and design
2166	transportation corridors, arterial and collector streets,
2167	vehicular parking areas, and other support facilities which are
2168	consistent with the plans of the department for major
2169	transportation facilities. The department may render to local
2170	governmental entities or their planning agencies such technical
2171	assistance and services as are necessary so that local plans and
2172	facilities are coordinated with the plans and facilities of the
2173	department.
2174	(b)  Each regional planning council, as provided for in s.
2175	186.504, or any successor agency thereto, shall develop, as an
2176	element of its strategic regional policy plan, transportation
2177	goals and policies. The transportation goals and policies must
2178	be prioritized to comply with the prevailing principles provided
2179	in subsection (2) and s. 334.046(1). The transportation goals
2180	and policies shall be consistent, to the maximum extent
2181	feasible, with the goals and policies of the metropolitan
2182	planning organization and the Florida Transportation Plan. The
2183	transportation goals and policies of the regional planning
2184	council will be advisory only and shall be submitted to the
2185	department and any affected metropolitan planning organization
2186	for their consideration and comments. Metropolitan planning
2187	organization plans and other local transportation plans shall be
2188	developed consistent, to the maximum extent feasible, with the
2189	regional transportation goals and policies. The regional
2190	planning council shall review urbanized area transportation
2191	plans and any other planning products stipulated in s. 339.175
2192	and provide the department and respective metropolitan planning
2193	organizations with written recommendations which the department
2194	and the metropolitan planning organizations shall take under
2195	advisement. Further, the regional planning councils shall
2196	directly assist local governments which are not part of a
2197	metropolitan area transportation planning process in the
2198	development of the transportation element of their comprehensive
2199	plans as required by s. 163.3177.
2200	(c)  Regional transportation plans may be developed in
2201	regional transportation areas in accordance with an interlocal
2202	agreement entered into pursuant to s. 163.01 by two or more
2203	contiguous metropolitan planning organizations; one or more
2204	metropolitan planning organizations and one or more contiguous
2205	counties, none of which is a member of a metropolitan planning
2206	organization; a multicounty regional transportation authority
2207	created by or pursuant to law; two or more contiguous counties
2208	that are not members of a metropolitan planning organization; or
2209	metropolitan planning organizations comprised of three or more
2210	counties.
2211	(d)  The interlocal agreement must, at a minimum, identify
2212	the entity that will coordinate the development of the regional
2213	transportation plan; delineate the boundaries of the regional
2214	transportation area; provide the duration of the agreement and
2215	specify how the agreement may be terminated, modified, or
2216	rescinded; describe the process by which the regional
2217	transportation plan will be developed; and provide how members
2218	of the entity will resolve disagreements regarding
2219	interpretation of the interlocal agreement or disputes relating
2220	to the development or content of the regional transportation
2221	plan. Such interlocal agreement shall become effective upon its
2222	recordation in the official public records of each county in the
2223	regional transportation area.
2224	(e)  The regional transportation plan developed pursuant to
2225	this section must, at a minimum, identify regionally significant
2226	transportation facilities located within a regional
2227	transportation area and contain a prioritized list of regionally
2228	significant projects. The level-of-service standards for
2229	facilities to be funded under this subsection shall be adopted
2230	by the appropriate local government in accordance with s.
2231	163.3180(10). The projects shall be adopted into the capital
2232	improvements schedule of the local government comprehensive plan
2233	pursuant to s. 163.3177(3).
2234	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
2235	TRANSPORTATION PLANNING.--
2236	(a)  During the development of the long-range component of
2237	the Florida Transportation Plan and prior to substantive
2238	revisions, the department shall provide citizens, affected
2239	public agencies, representatives of transportation agency
2240	employees, other affected employee representatives, private
2241	providers of transportation, and other known interested parties
2242	with an opportunity to comment on the proposed plan or
2243	revisions. These opportunities shall include, at a minimum,
2244	publishing a notice in the Florida Administrative Weekly and
2245	within a newspaper of general circulation within the area of
2246	each department district office.
2247	(b)  During development of major transportation
2248	improvements, such as those increasing the capacity of a
2249	facility through the addition of new lanes or providing new
2250	access to a limited or controlled access facility or
2251	construction of a facility in a new location, the department
2252	shall hold one or more hearings prior to the selection of the
2253	facility to be provided; prior to the selection of the site or
2254	corridor of the proposed facility; and prior to the selection of
2255	and commitment to a specific design proposal for the proposed
2256	facility. Such public hearings shall be conducted so as to
2257	provide an opportunity for effective participation by interested
2258	persons in the process of transportation planning and site and
2259	route selection and in the specific location and design of
2260	transportation facilities. The various factors involved in the
2261	decision or decisions and any alternative proposals shall be
2262	clearly presented so that the persons attending the hearing may
2263	present their views relating to the decision or decisions which
2264	will be made.
2265	(c)  Opportunity for design hearings:
2266	1.  The department, prior to holding a design hearing,
2267	shall duly notify all affected property owners of record, as
2268	recorded in the property appraiser's office, by mail at least 20
2269	days prior to the date set for the hearing. The affected
2270	property owners shall be:
2271	a.  Those whose property lies in whole or in part within
2272	300 feet on either side of the centerline of the proposed
2273	facility.
2274	b.  Those whom the department determines will be
2275	substantially affected environmentally, economically, socially,
2276	or safetywise.
2277	2.  For each subsequent hearing, the department shall
2278	publish notice prior to the hearing date in a newspaper of
2279	general circulation for the area affected. These notices must be
2280	published twice, with the first notice appearing at least 15
2281	days, but no later than 30 days, before the hearing.
2282	3.  A copy of the notice of opportunity for the hearing
2283	must be furnished to the United States Department of
2284	Transportation and to the appropriate departments of the state
2285	government at the time of publication.
2286	4.  The opportunity for another hearing shall be afforded
2287	in any case when proposed locations or designs are so changed
2288	from those presented in the notices specified above or at a
2289	hearing as to have a substantially different social, economic,
2290	or environmental effect.
2291	5.  The opportunity for a hearing shall be afforded in each
2292	case in which the department is in doubt as to whether a hearing
2293	is required.
2294	Section 35.  Subsection (3) and paragraphs (b) and (c) of
2295	subsection (4) of section 339.2816, Florida Statutes, are
2296	amended to read:
2297	339.2816  Small County Road Assistance Program.--
2298	(3)  Beginning with fiscal year 1999-2000 until fiscal year
2299	2009-2010, and beginning again with fiscal year 2012-2013, up to
2300	$25 million annually from the State Transportation Trust Fund
2301	may be used for the purposes of funding the Small County Road
2302	Assistance Program as described in this section.
2303	(4)
2304	(b)  In determining a county's eligibility for assistance
2305	under this program, the department may consider whether the
2306	county has attempted to keep county roads in satisfactory
2307	condition, including the amount of local option fuel tax and ad
2308	valorem millage rate imposed by the county. The department may
2309	also consider the extent to which the county has offered to
2310	provide a match of local funds with state funds provided under
2311	the program. At a minimum, small counties shall be eligible only
2312	if:
2313	1.  The county has enacted the maximum rate of the local
2314	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2315	an ad valorem millage rate of at least 8 mills; or
2316	2.  The county has imposed an ad valorem millage rate of 10
2317	mills.
2318	(c)  The following criteria shall be used to prioritize
2319	road projects for funding under the program:
2320	1.  The primary criterion is the physical condition of the
2321	road as measured by the department.
2322	2.  As secondary criteria the department may consider:
2323	a.  Whether a road is used as an evacuation route.
2324	b.  Whether a road has high levels of agricultural travel.
2325	c.  Whether a road is considered a major arterial route.
2326	d.  Whether a road is considered a feeder road.
2327	e.  Whether a road is located in a fiscally constrained
2328	county, as defined in s. 218.67(1).
2329	f.e.  Other criteria related to the impact of a project on
2330	the public road system or on the state or local economy as
2331	determined by the department.
2332	Section 36.  Subsections (1) and (3) of section 339.2819,
2333	Florida Statutes, are amended to read:
2334	339.2819  Transportation Regional Incentive Program.--
2335	(1)  There is created within the Department of
2336	Transportation a Transportation Regional Incentive Program for
2337	the purpose of providing funds to improve regionally significant
2338	transportation facilities in regional transportation areas
2339	created pursuant to s. 339.155(4)(5).
2340	(3)  The department shall allocate funding available for
2341	the Transportation Regional Incentive Program to the districts
2342	based on a factor derived from equal parts of population and
2343	motor fuel collections for eligible counties in regional
2344	transportation areas created pursuant to s. 339.155(4)(5).
2345	Section 37.  Subsection (6) of section 339.285, Florida
2346	Statutes, is amended to read:
2347	339.285  Enhanced Bridge Program for Sustainable
2348	Transportation.--
2349	(6)  Preference shall be given to bridge projects located
2350	on corridors that connect to the Strategic Intermodal System,
2351	created under s. 339.64, and that have been identified as
2352	regionally significant in accordance with s. 339.155(4)(5)(c),
2353	(d), and (e).
2354	Section 38.  Subsections (8) through (14) are added to
2355	section 341.301, Florida Statutes, to read:
2356	341.301  Definitions; ss. 341.302 and 341.303.--As used in
2357	ss. 341.302 and 341.303, the term:
2358	(8)  "Commuter rail passenger or passengers" means and
2359	includes any and all persons, ticketed or unticketed, using the
2360	commuter rail service on a department owned rail corridor:
2361	(a)  On board trains, locomotives, rail cars, or rail
2362	equipment employed in commuter rail service or entraining and
2363	detraining therefrom;
2364	(b)  On or about the rail corridor for any purpose related
2365	to the commuter rail service, including, without limitation,
2366	parking, inquiring about commuter rail service or purchasing
2367	tickets therefor and coming to, waiting for, leaving from, or
2368	observing trains, locomotives, rail cars, or rail equipment; or
2369	(c)  Meeting, assisting, or in the company of any person
2370	described in paragraph (a) or paragraph (b).
2371	(9)  "Commuter rail service" means the transportation of
2372	commuter rail passengers and other passengers by rail pursuant
2373	to a rail program provided by the department or any other
2374	governmental entities.
2375	(10)  "Rail corridor invitee" means and includes any and
2376	all persons who are on or about a department-owned rail
2377	corridor:
2378	(a)  For any purpose related to any ancillary development
2379	thereon; or
2380	(b)  Meeting, assisting, or in the company of any person
2381	described in paragraph (a).
2382	(11)  "Rail corridor" means a linear contiguous strip of
2383	real property that is used for rail service. The term includes
2384	the corridor and structures essential to the operation of a
2385	railroad, including the land, structures, improvements, rights-
2386	of-way, easements, rail lines, rail beds, guideway structures,
2387	switches, yards, parking facilities, power relays, switching
2388	houses, rail stations, ancillary development, and any other
2389	facilities or equipment used for the purposes of construction,
2390	operation, or maintenance of a railroad that provides rail
2391	service.
2392	(12)  "Railroad operations" means the use of the rail
2393	corridor to conduct commuter rail service, intercity rail
2394	passenger service, or freight rail service.
2395	(13)  "Ancillary development" includes any lessee or
2396	licensee of the department, including, but not limited to, other
2397	governmental entities, vendors, retailers, restaurateurs, or
2398	contract service providers, within a department-owned rail
2399	corridor, except for providers of commuter rail service,
2400	intercity rail passenger service, or freight rail service.
2401	(14)  "Governmental entity or entities" means as defined in
2402	s. 11.45, including a "public agency" as defined in s. 163.01.
2403	Section 39.  Section 341.302, Florida Statutes, is amended
2404	to read:
2405	341.302  Rail program, duties and responsibilities of the
2406	department.--The department, in conjunction with other
2407	governmental entities units and the private sector, shall
2408	develop and implement a rail program of statewide application
2409	designed to ensure the proper maintenance, safety,
2410	revitalization, and expansion of the rail system to assure its
2411	continued and increased availability to respond to statewide
2412	mobility needs. Within the resources provided pursuant to
2413	chapter 216, and as authorized under federal law Title 49 C.F.R.
2414	part 212, the department shall:
2415	(1)  Provide the overall leadership, coordination, and
2416	financial and technical assistance necessary to assure the
2417	effective responses of the state's rail system to current and
2418	anticipated mobility needs.
2419	(2)  Promote and facilitate the implementation of advanced
2420	rail systems, including high-speed rail and magnetic levitation
2421	systems.
2422	(3)  Develop and periodically update the rail system plan,
2423	on the basis of an analysis of statewide transportation needs.
2424	The plan shall be consistent with the Florida Transportation
2425	Plan developed pursuant to s. 339.155. The rail system plan
2426	shall include an identification of priorities, programs, and
2427	funding levels required to meet statewide needs. The rail system
2428	plan shall be developed in a manner that will assure the maximum
2429	use of existing facilities and the optimum integration and
2430	coordination of the various modes of transportation, public and
2431	private, in the most cost-effective manner possible. The rail
2432	system plan shall be updated at least every 2 years and include
2433	plans for both passenger rail service and freight rail service.
2434	(4)  As part of the work program of the department,
2435	formulate a specific program of projects and financing to
2436	respond to identified railroad needs.
2437	(5)  Provide technical and financial assistance to units of
2438	local government to address identified rail transportation
2439	needs.
2440	(6)  Secure and administer federal grants, loans, and
2441	apportionments for rail projects within this state when
2442	necessary to further the statewide program.
2443	(7)  Develop and administer state standards concerning the
2444	safety and performance of rail systems, hazardous material
2445	handling, and operations. Such standards shall be developed
2446	jointly with representatives of affected rail systems, with full
2447	consideration given to nationwide industry norms, and shall
2448	define the minimum acceptable standards for safety and
2449	performance.
2450	(8)  Conduct, at a minimum, inspections of track and
2451	rolling stock; train signals and related equipment; hazardous
2452	materials transportation, including the loading, unloading, and
2453	labeling of hazardous materials at shippers', receivers', and
2454	transfer points; and train operating practices to determine
2455	adherence to state and federal standards. Department personnel
2456	may enforce any safety regulation issued under the Federal
2457	Government's preemptive authority over interstate commerce.
2458	(9)  Assess penalties, in accordance with the applicable
2459	federal regulations, for the failure to adhere to the state
2460	standards.
2461	(10)  Administer rail operating and construction programs,
2462	which programs shall include the regulation of maximum train
2463	operating speeds, the opening and closing of public grade
2464	crossings, the construction and rehabilitation of public grade
2465	crossings, and the installation of traffic control devices at
2466	public grade crossings, the administering of the programs by the
2467	department including participation in the cost of the programs.
2468	(11)  Coordinate and facilitate the relocation of railroads
2469	from congested urban areas to nonurban areas when relocation has
2470	been determined feasible and desirable from the standpoint of
2471	safety, operational efficiency, and economics.
2472	(12)  Implement a program of branch line continuance
2473	projects when an analysis of the industrial and economic
2474	potential of the line indicates that public involvement is
2475	required to preserve essential rail service and facilities.
2476	(13)  Provide new rail service and equipment when:
2477	(a)  Pursuant to the transportation planning process, a
2478	public need has been determined to exist;
2479	(b)  The cost of providing such service does not exceed the
2480	sum of revenues from fares charged to users, services purchased
2481	by other public agencies, local fund participation, and specific
2482	legislative appropriation for this purpose; and
2483	(c)  Service cannot be reasonably provided by other
2484	governmental or privately owned rail systems.
2485
2486	The department may own, lease, and otherwise encumber
2487	facilities, equipment, and appurtenances thereto, as necessary
2488	to provide new rail services; or the department may provide such
2489	service by contracts with privately owned service providers.
2490	(14)  Furnish required emergency rail transportation
2491	service if no other private or public rail transportation
2492	operation is available to supply the required service and such
2493	service is clearly in the best interest of the people in the
2494	communities being served. Such emergency service may be
2495	furnished through contractual arrangement, actual operation of
2496	state-owned equipment and facilities, or any other means
2497	determined appropriate by the secretary.
2498	(15)  Assist in the development and implementation of
2499	marketing programs for rail services and of information systems
2500	directed toward assisting rail systems users.
2501	(16)  Conduct research into innovative or potentially
2502	effective rail technologies and methods and maintain expertise
2503	in state-of-the-art rail developments.
2504	(17)  In conjunction with the acquisition, ownership,
2505	construction, operation, maintenance, and management of a rail
2506	corridor, have the authority to:
2507	(a)  Assume the obligation by contract to forever protect,
2508	defend, and indemnify and hold harmless the freight rail
2509	operator, or its successors, from whom the department has
2510	acquired a real property interest in the rail corridor, and that
2511	freight rail operator's officers, agents, and employees, from
2512	and against any liability, cost, and expense including, but not
2513	limited to, commuter rail passengers, rail corridor invitees,
2514	and trespassers in the rail corridor, regardless of whether the
2515	loss, damage, destruction, injury, or death giving rise to any
2516	such liability, cost, or expense is caused in whole or in part
2517	and to whatever nature or degree by the fault, failure,
2518	negligence, misconduct, nonfeasance, or misfeasance of such
2519	freight rail operator, its successors, or its officers, agents,
2520	and employees, or any other person or persons whomsoever,
2521	provided that such assumption of liability of the department by
2522	contract shall not in any instance exceed the following
2523	parameters of allocation of risk:
2524	1.  The department may be solely responsible for any loss,
2525	injury, or damage to commuter rail passengers, rail corridor
2526	invitees, or trespassers, regardless of circumstances or cause,
2527	subject to subparagraphs 2., 3., and 4.
2528	2.  When only one train is involved in an incident, the
2529	department may be solely responsible for any loss, injury, or
2530	damage if the train is a department train or other train
2531	pursuant to subparagraph 3., but only if in an instance when
2532	only a freight rail operator train is involved the freight rail
2533	operator is solely responsible for any loss, injury, or damage,
2534	except for commuter rail passengers, rail corridor invitees, and
2535	trespassers; and, the freight rail operator is solely
2536	responsible for its property and all of its people in any
2537	instance when its train is involved in an incident.
2538	3.  For the purposes of this subsection, any train involved
2539	in an incident that is neither the department's train nor the
2540	freight rail operator's train, hereinafter referred to in this
2541	subsection as an "other train," may be treated as a department
2542	train, solely for purposes of any allocation of liability
2543	between the department and the freight rail operator only, but
2544	only if the department and the freight rail operator share
2545	responsibility equally as to third parties outside the rail
2546	corridor who incur loss, injury, or damage as a result of any
2547	incident involving both a department train and a freight rail
2548	operator train; and, the allocation as between the department
2549	and the freight rail operator, regardless of whether the other
2550	train is treated as a department train, shall remain one-half
2551	each as to third parties outside the rail corridor who incur
2552	loss, injury, or damage as a result of the incident, and the
2553	involvement of any other train shall not alter the sharing of
2554	equal responsibility as to third parties outside the rail
2555	corridor who incur loss, injury, or damage as a result of the
2556	incident.
2557	4.  When more than one train is involved in an incident:
2558	a.  If only a department train and a freight rail
2559	operator's train, or only another train as described in
2560	subparagraph 3. and a freight rail operator's train, are
2561	involved in an incident, the department may be responsible for
2562	its property and all of its people, all commuter rail
2563	passengers, rail corridor invitees, and trespassers, but only if
2564	the freight rail operator is responsible for its property and
2565	all of its people; and the department and the freight rail
2566	operator share responsibility one-half each as to third parties
2567	outside the rail corridor who incur loss, injury, or damage as a
2568	result of the incident.
2569	b.  If a department train, a freight rail operator train,
2570	and any other train are involved in an incident, the allocation
2571	of liability as between the department and the freight rail
2572	operator, regardless of whether the other train is treated as a
2573	department train, shall remain one-half each as to third parties
2574	outside the rail corridor who incur loss, injury, or damage as a
2575	result of the incident; the involvement of any other train shall
2576	not alter the sharing of equal responsibility as to third
2577	parties outside the rail corridor who incur loss, injury, or
2578	damage as a result of the incident; and, if the owner, operator,
2579	or insurer of the other train makes any payment to injured third
2580	parties outside the rail corridor who incur loss, injury, or
2581	damage as a result of the incident, the allocation of credit
2582	between the department and the freight rail operator as to such
2583	payment shall not in any case reduce the freight rail operator's
2584	third party sharing allocation of one-half under this paragraph
2585	to less than one-third of the total third party liability.
2586	5.  Any such contractual duty to protect, defend,
2587	indemnify, and hold harmless such a freight rail operator shall
2588	expressly: include a specific cap on the amount of the
2589	contractual duty, which amount shall not exceed $200 million
2590	without prior legislative approval; require the department to
2591	purchase liability insurance and establish a self-insurance
2592	retention fund in the amount of the specific cap established
2593	under this paragraph; provide that no such contractual duty
2594	shall in any case be effective nor otherwise extend the
2595	department's liability in scope and effect beyond the
2596	contractual liability insurance and self-insurance retention
2597	fund required pursuant to this paragraph; and provide that the
2598	freight rail operator's compensation to the department for
2599	future use of the department's rail corridor shall include a
2600	monetary contribution to the cost of such liability coverage for
2601	the sole benefit of the freight rail operator.
2602	(b)  Purchase liability insurance which amount shall not
2603	exceed $200 million and establish a self-insurance retention
2604	fund for the purpose of paying the deductible limit established
2605	in the insurance policies it may obtain, including coverage for
2606	the department, any freight rail operator as described in
2607	paragraph (a), commuter rail service providers, governmental
2608	entities, or ancillary development; however, the insureds shall
2609	pay a reasonable monetary contribution to the cost of such
2610	liability coverage for the sole benefit of the insured. Such
2611	insurance and self-insurance retention fund may provide coverage
2612	for all damages, including, but not limited to, compensatory,
2613	special, and exemplary, and be maintained to provide an adequate
2614	fund to cover claims and liabilities for loss, injury, or damage
2615	arising out of or connected with the ownership, operation,
2616	maintenance, and management of a rail corridor.
2617	(c)  Incur expenses for the purchase of advertisements,
2618	marketing, and promotional items.
2619
2620	Neither the assumption by contract to protect, defend,
2621	indemnify, and hold harmless; the purchase of insurance; nor the
2622	establishment of a self-insurance retention fund shall be deemed
2623	to be a waiver of any defense of sovereign immunity for torts
2624	nor deemed to increase the limits of the department's or the
2625	governmental entity's liability for torts as provided in s.
2626	768.28. The requirements of s. 287.022(1) shall not apply to the
2627	purchase of any insurance hereunder. The provisions of this
2628	subsection shall apply and inure fully as to any other
2629	governmental entity providing commuter rail service and
2630	constructing, operating, maintaining, or managing a rail
2631	corridor on publicly owned right-of-way under contract by the
2632	governmental entity with the department or a governmental entity
2633	designated by the department.
2634	(18)(17)  Exercise such other functions, powers, and duties
2635	in connection with the rail system plan as are necessary to
2636	develop a safe, efficient, and effective statewide
2637	transportation system.
2638	Section 40.  Section 341.3023, Florida Statutes, is created
2639	to read:
2640	341.3023  Commuter rail programs and intercity rail
2641	transportation system study.--
2642	(1)  The department shall undertake a comprehensive review
2643	and study of commuter railroad programs and intercity railroad
2644	transportation system plans and their impacts in the state
2645	through 2028.
2646	(2)  The review and study shall encompass and include
2647	information concerning:
2648	(a)  Commuter rail programs and intercity rail
2649	transportation system facility and improvement needs and plans,
2650	including those associated with connectivity to such facilities
2651	and improvements, outlined or contained in, without limitation
2652	thereto, the current Florida Transportation Plan developed
2653	pursuant to s. 339.155(1); regional transportation plans
2654	developed pursuant to s. 339.155(5); the Strategic Intermodal
2655	System Plan developed pursuant to s. 339.64; the adopted work
2656	plan developed pursuant to s. 339.135; long-range transportation
2657	plans developed pursuant to s. 339.175(7); transportation
2658	improvement plans of relevant metropolitan planning
2659	organizations developed pursuant to s. 339.175(8); plans,
2660	information, and studies prepared for or by the authorities
2661	created in parts I, II, III, and V of chapter 343; relevant
2662	studies and information previously prepared by the department
2663	and the Transportation Commission; and the transportation and
2664	capital improvement elements of relevant approved local
2665	government comprehensive plans.
2666	(b)  A detailed review of funding in the state for commuter
2667	rail programs and intercity rail transportation system
2668	improvements, projects, facilities, equipment, rights-of-way,
2669	operating costs, and other costs during the previous 20 years
2670	from state, federal, and local government sources.
2671	(c)  An assessment of the impacts of commuter rail programs
2672	and intercity rail transportation system improvements, projects,
2673	and facilities that have been undertaken in the state during the
2674	previous 20 years and their impact on the state, regional, and
2675	local transportation system and Florida's economic development.
2676	(d)  Proposed commuter rail programs and intercity rail
2677	transportation system improvements, projects, and facilities
2678	throughout the state to be undertaken during the next 20 years,
2679	including, based upon the best available, existing data, a
2680	detailed listing of specific projects with estimates of the
2681	costs of each specific project; projected timelines for such
2682	improvements, projects, and facilities; and the estimated
2683	priority of each such improvement, project, and facility.
2684	(e)  A map of those proposed improvements, projects, and
2685	facilities.
2686	(f)  A finance plan based upon reasonable projections of
2687	anticipated revenues available to the department and units of
2688	local government, including both 10-year and 20-year cost-
2689	feasible components, for such improvements, projects, and
2690	facilities that demonstrates how or what portion of such
2691	improvements, projects, and facilities can be implemented.
2692	(g)  A feasibility study of the best alternatives for
2693	implementing intercity passenger railroad service between the
2694	Tampa Bay region and the greater Orlando area.
2695	(h)  A proposed prioritization process, including
2696	alternatives, for commuter railroad and intercity railroad
2697	improvements, projects, and facilities.
2698	(i)  Funding alternatives for commuter rail programs and
2699	intercity rail transportation system improvements, projects, and
2700	facilities including specific resources, both public and
2701	private, that are reasonably expected to be available to
2702	accomplish such improvements, projects, and facilities and any
2703	innovative financing techniques that might be used to fund such
2704	improvements, projects, and facilities.
2705	(3)  The report shall also include detailed information and
2706	findings about negative impacts caused by current, or projected
2707	to be caused by proposed, commuter rail programs and intercity
2708	rail transportation system projects or freight railroad traffic
2709	in urban areas of the state. For the purpose of this section,
2710	"negative impacts" means those caused by noise, vibration, and
2711	vehicular traffic congestion and delays occurring at rail and
2712	road intersections. "Urban areas" means those areas within or
2713	adjacent to a municipality generally characterized by high
2714	density development and building patterns, greater concentration
2715	of population, and a high level and concentration of public
2716	services and facilities. The Orlando commuter rail project means
2717	the Central Florida Rail Corridor, a line of railroad between
2718	Deland and Poinciana. The report shall include, without
2719	limitation:
2720	(a)  Options and alternatives for eliminating negative
2721	impacts associated with increased freight railroad traffic and
2722	freight railroad congestions within urban areas resulting from
2723	commuter rail programs or intercity rail transportation system
2724	improvements, projects, and facilities, including specifically
2725	those associated with the Orlando commuter railroad project.
2726	(b)  Proposed freight railroad improvements, projects, and
2727	facilities to be undertaken in the next 20 years, including
2728	those associated with the Orlando commuter railroad project, to
2729	eliminate such negative impacts, including, based upon the best
2730	available, existing data, a detailed listing of specific
2731	projects with estimates of the costs of each specific
2732	improvement, project, and facility; projected timelines for such
2733	improvements, projects, and facilities; the estimated priority
2734	of each such improvement, project, and facility; and the
2735	benefits to public safety, economic development, and downtown
2736	development and redevelopment from such improvements, projects,
2737	and facilities.
2738	(c)  A map of those proposed improvements, projects, and
2739	facilities.
2740	(d)  A finance plan based upon reasonable projections of
2741	anticipated revenues available to the department and units of
2742	local government, including both 10-year and 20-year cost-
2743	feasible components, for such improvements, projects, and
2744	facilities that demonstrates how or what portion of such
2745	improvements, projects, and facilities can be implemented, as it
2746	is the intent of the Legislature and the public policy of the
2747	state that such negative impacts of commuter rail programs, and
2748	intercity rail transportation system projects funded by the
2749	state, including those associated with the Orlando commuter
2750	railroad project, be eliminated not later than 8 years after
2751	commuter rail programs and intercity rail transportation system
2752	projects begin operation.
2753	(4)  The report containing the information required
2754	pursuant to subsections (1), (2), and (3) shall be delivered to
2755	the Governor, the President of the Senate, the Speaker of the
2756	House of Representatives, and the leaders of the minority
2757	parties of the Senate and House of Representatives on or before
2758	January 15, 2009.
2759	Section 41.  Part III of chapter 343, Florida Statutes,
2760	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2761	343.76, and 343.77, is repealed.
2762	Section 42.  Subsection (4) of section 348.0003, Florida
2763	Statutes, is amended to read:
2764	348.0003  Expressway authority; formation; membership.--
2765	(4)(a)  An authority may employ an executive secretary, an
2766	executive director, its own counsel and legal staff, technical
2767	experts, and such engineers and employees, permanent or
2768	temporary, as it may require and shall determine the
2769	qualifications and fix the compensation of such persons, firms,
2770	or corporations. An authority may employ a fiscal agent or
2771	agents; however, the authority must solicit sealed proposals
2772	from at least three persons, firms, or corporations for the
2773	performance of any services as fiscal agents. An authority may
2774	delegate to one or more of its agents or employees such of its
2775	power as it deems necessary to carry out the purposes of the
2776	Florida Expressway Authority Act, subject always to the
2777	supervision and control of the authority. Members of an
2778	authority may be removed from office by the Governor for
2779	misconduct, malfeasance, misfeasance, or nonfeasance in office.
2780	(b)  Members of an authority are entitled to receive from
2781	the authority their travel and other necessary expenses incurred
2782	in connection with the business of the authority as provided in
2783	s. 112.061, but they may not draw salaries or other
2784	compensation.
2785	(c)  Members of each expressway an authority,
2786	transportation authority, bridge authority, or toll authority,
2787	created pursuant to this chapter, chapter 343, or chapter 349,
2788	or pursuant to any other legislative enactment, shall be
2789	required to comply with the applicable financial disclosure
2790	requirements of s. 8, Art. II of the State Constitution. This
2791	subsection does not subject a statutorily created expressway
2792	authority, transportation authority, bridge authority, or toll
2793	authority, other than one created under this part, to any of the
2794	requirements of this part other than those contained in this
2795	subsection.
2796	Section 43.  Paragraph (c) is added to subsection (1) of
2797	section 348.0004, Florida Statutes, to read:
2798	348.0004  Purposes and powers.--
2799	(1)
2800	(c)  Notwithstanding any other provision of law, expressway
2801	authorities as defined in chapter 348 shall index toll rates on
2802	toll facilities to the annual Consumer Price Index or similar
2803	inflation indicators. Toll rate index for inflation under this
2804	subsection must be adopted and approved by the expressway
2805	authority board at a public meeting and may be made no more
2806	frequently than once a year and must be made no less frequently
2807	than once every 5 years as necessary to accommodate cash toll
2808	rate schedules. Toll rates may be increased beyond these limits
2809	as directed by bond documents, covenants, or governing body
2810	authorization or pursuant to department administrative rule.
2811	Section 44.  Subsection (1) of section 479.01, Florida
2812	Statutes, is amended to read:
2813	479.01  Definitions.--As used in this chapter, the term:
2814	(1)  "Automatic changeable facing" means a facing that
2815	which through a mechanical system is capable of delivering two
2816	or more advertising messages through an automated or remotely
2817	controlled process and shall not rotate so rapidly as to cause
2818	distraction to a motorist.
2819	Section 45.  Subsections (1), (5), and (9) of section
2820	479.07, Florida Statutes, are amended to read:
2821	479.07  Sign permits.--
2822	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2823	person may not erect, operate, use, or maintain, or cause to be
2824	erected, operated, used, or maintained, any sign on the State
2825	Highway System outside an urban incorporated area, as defined in
2826	s. 334.03(32), or on any portion of the interstate or federal-
2827	aid primary highway system without first obtaining a permit for
2828	the sign from the department and paying the annual fee as
2829	provided in this section. For purposes of this section, "on any
2830	portion of the State Highway System, interstate, or federal-aid
2831	primary system" shall mean a sign located within the controlled
2832	area which is visible from any portion of the main-traveled way
2833	of such system.
2834	(5)(a)  For each permit issued, the department shall
2835	furnish to the applicant a serially numbered permanent metal
2836	permit tag. The permittee is responsible for maintaining a valid
2837	permit tag on each permitted sign facing at all times. The tag
2838	shall be securely attached to the sign facing or, if there is no
2839	facing, on the pole nearest the highway; and it shall be
2840	attached in such a manner as to be plainly visible from the
2841	main-traveled way. Effective July 1, 2011, the tag shall be
2842	securely attached to the upper 50 percent of the pole nearest
2843	the highway and shall be attached in such a manner as to be
2844	plainly visible from the main-traveled way. The permit will
2845	become void unless the permit tag is properly and permanently
2846	displayed at the permitted site within 30 days after the date of
2847	permit issuance. If the permittee fails to erect a completed
2848	sign on the permitted site within 270 days after the date on
2849	which the permit was issued, the permit will be void, and the
2850	department may not issue a new permit to that permittee for the
2851	same location for 270 days after the date on which the permit
2852	became void.
2853	(b)  If a permit tag is lost, stolen, or destroyed, the
2854	permittee to whom the tag was issued may must apply to the
2855	department for a replacement tag. The department shall establish
2856	by rule a service fee for replacement tags in an amount that
2857	will recover the actual cost of providing the replacement tag.
2858	Upon receipt of the application accompanied by the a service fee
2859	of $3, the department shall issue a replacement permit tag.
2860	Alternatively, the permittee may provide its own replacement tag
2861	pursuant to department specifications which the department shall
2862	establish by rule at the time it establishes the service fee for
2863	replacement tags.
2864	(9)(a)  A permit shall not be granted for any sign for
2865	which a permit had not been granted by the effective date of
2866	this act unless such sign is located at least:
2867	1.  One thousand five hundred feet from any other permitted
2868	sign on the same side of the highway, if on an interstate
2869	highway.
2870	2.  One thousand feet from any other permitted sign on the
2871	same side of the highway, if on a federal-aid primary highway.
2872
2873	The minimum spacing provided in this paragraph does not preclude
2874	the permitting of V-type, back-to-back, side-to-side, stacked,
2875	or double-faced signs at the permitted sign site. If a sign is
2876	visible from the controlled area of more than one highway
2877	subject to the jurisdiction of the department, the sign shall
2878	meet the permitting requirements of, and, if the sign meets the
2879	applicable permitting requirements, be permitted to, the highway
2880	with the more stringent permitting requirements.
2881	(b)  A permit shall not be granted for a sign pursuant to
2882	this chapter to locate such sign on any portion of the
2883	interstate or federal-aid primary highway system, which sign:
2884	1.  Exceeds 50 feet in sign structure height above the
2885	crown of the main-traveled way, if outside an incorporated area;
2886	2.  Exceeds 65 feet in sign structure height above the
2887	crown of the main-traveled way, if inside an incorporated area;
2888	or
2889	3.  Exceeds 950 square feet of sign facing including all
2890	embellishments.
2891	(c)  Notwithstanding subparagraph (a)1., there is
2892	established a pilot program in Orange, Hillsborough, and Osceola
2893	Counties, and within the boundaries of the City of Miami, under
2894	which the distance between permitted signs on the same side of
2895	an interstate highway may be reduced to 1,000 feet if all other
2896	requirements of this chapter are met and if:
2897	1.  The local government has adopted a plan, program,
2898	resolution, ordinance, or other policy encouraging the voluntary
2899	removal of signs in a downtown, historic, redevelopment, infill,
2900	or other designated area which also provides for a new or
2901	replacement sign to be erected on an interstate highway within
2902	that jurisdiction if a sign in the designated area is removed;
2903	2.  The sign owner and the local government mutually agree
2904	to the terms of the removal and replacement; and
2905	3.  The local government notifies the department of its
2906	intention to allow such removal and replacement as agreed upon
2907	pursuant to subparagraph 2.
2908
2909	The department shall maintain statistics tracking the use of the
2910	provisions of this pilot program based on the notifications
2911	received by the department from local governments under this
2912	paragraph.
2913	Section 46.  Section 479.08, Florida Statutes, is amended
2914	to read:
2915	479.08  Denial or revocation of permit.--The department has
2916	the authority to deny or revoke any permit requested or granted
2917	under this chapter in any case in which it determines that the
2918	application for the permit contains knowingly false or knowingly
2919	misleading information. The department has the authority to
2920	revoke any permit granted under this chapter in any case in
2921	which or that the permittee has violated any of the provisions
2922	of this chapter, unless such permittee, within 30 days after the
2923	receipt of notice by the department, corrects such false or
2924	misleading information and complies with the provisions of this
2925	chapter. For the purpose of this section, the notice of
2926	violation issued by the department shall describe in detail the
2927	alleged violation. Any person aggrieved by any action of the
2928	department in denying or revoking a permit under this chapter
2929	may, within 30 days after receipt of the notice, apply to the
2930	department for an administrative hearing pursuant to chapter
2931	120. If a timely request for hearing has been filed and the
2932	department issues a final order revoking a permit, such
2933	revocation shall be effective 30 days after the date of
2934	rendition. Except for department action pursuant to s.
2935	479.107(1), the filing of a timely and proper notice of appeal
2936	shall operate to stay the revocation until the department's
2937	action is upheld.
2938	Section 47.  Section 479.156, Florida Statutes, is amended
2939	to read:
2940	479.156  Wall murals.--Notwithstanding any other provision
2941	of this chapter, a municipality or county may permit and
2942	regulate wall murals within areas designated by such government.
2943	If a municipality or county permits wall murals, a wall mural
2944	that displays a commercial message and is within 660 feet of the
2945	nearest edge of the right-of-way within an area adjacent to the
2946	interstate highway system or the federal-aid primary highway
2947	system shall be located in an area that is zoned for industrial
2948	or commercial use and the municipality or county shall establish
2949	and enforce regulations for such areas that, at a minimum, set
2950	forth criteria governing the size, lighting, and spacing of wall
2951	murals consistent with the intent of the Highway Beautification
2952	Act of 1965 and with customary use. Whenever a municipality or
2953	county exercises such control and makes a determination of
2954	customary use, pursuant to 23 U.S.C. s. 131(d), such
2955	determination shall be accepted in lieu of controls in the
2956	agreement between the state and the United States Department of
2957	Transportation, and the department shall certify effective local
2958	control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s.
2959	750.706(c). A wall mural that is subject to municipal or county
2960	regulation and the Highway Beautification Act of 1965 must be
2961	approved by the Department of Transportation pursuant to and the
2962	Federal Highway Administration and may not violate the agreement
2963	and between the state and the United States Department of
2964	Transportation or violate federal regulations enforced by the
2965	Department of Transportation under s. 479.02(1). The existence
2966	of a wall mural as defined in s. 479.01(27) shall not be
2967	considered in determining whether a sign as defined in s.
2968	479.01(17), either existing or new, is in compliance with s.
2969	479.07(9)(a).
2970	Section 48.  Subsections (1), (3), (4), and (5) of section
2971	479.261, Florida Statutes, are amended to read:
2972	479.261  Logo sign program.--
2973	(1)  The department shall establish a logo sign program for
2974	the rights-of-way of the interstate highway system to provide
2975	information to motorists about available gas, food, lodging, and
2976	camping, attractions, and other services which are approved by
2977	the Federal Highway Administration at interchanges, through the
2978	use of business logos, and may include additional interchanges
2979	under the program. A logo sign for nearby attractions may be
2980	added to this program if allowed by federal rules.
2981	(a)  An attraction as used in this chapter is defined as an
2982	establishment, site, facility, or landmark which is open a
2983	minimum of 5 days a week for 52 weeks a year; which charges an
2984	admission for entry; which has as its principal focus family-
2985	oriented entertainment, cultural, educational, recreational,
2986	scientific, or historical activities; and which is publicly
2987	recognized as a bona fide tourist attraction. However, the
2988	permits for businesses seeking to participate in the attractions
2989	logo sign program shall be awarded by the department annually to
2990	the highest bidders, notwithstanding the limitation on fees in
2991	subsection (5), which are qualified for available space at each
2992	qualified location, but the fees therefor may not be less than
2993	the fees established for logo participants in other logo
2994	categories.
2995	(b)  The department shall incorporate the use of RV-
2996	friendly markers on specific information logo signs for
2997	establishments that cater to the needs of persons driving
2998	recreational vehicles. Establishments that qualify for
2999	participation in the specific information logo program and that
3000	also qualify as "RV-friendly" may request the RV-friendly marker
3001	on their specific information logo sign. An RV-friendly marker
3002	must consist of a design approved by the Federal Highway
3003	Administration. The department shall adopt rules in accordance
3004	with chapter 120 to administer this paragraph, including rules
3005	setting forth the minimum requirements that establishments must
3006	meet in order to qualify as RV-friendly. These requirements
3007	shall include large parking spaces, entrances, and exits that
3008	can easily accommodate recreational vehicles and facilities
3009	having appropriate overhead clearances, if applicable.
3010	(c)  The department is authorized to implement by rule a
3011	rotation-based logo program providing for the removal and
3012	addition of participating businesses in the program.
3013	(3)  Logo signs may be installed upon the issuance of an
3014	annual permit by the department or its agent and payment of a an
3015	application and permit fee to the department or its agent.
3016	(4)  The department may contract pursuant to s. 287.057 for
3017	the provision of services related to the logo sign program,
3018	including recruitment and qualification of businesses, review of
3019	applications, permit issuance, and fabrication, installation,
3020	and maintenance of logo signs. The department may reject all
3021	proposals and seek another request for proposals or otherwise
3022	perform the work. If the department contracts for the provision
3023	of services for the logo sign program, the contract must
3024	require, unless the business owner declines, that businesses
3025	that previously entered into agreements with the department to
3026	privately fund logo sign construction and installation be
3027	reimbursed by the contractor for the cost of the signs which has
3028	not been recovered through a previously agreed upon waiver of
3029	fees. The contract also may allow the contractor to retain a
3030	portion of the annual fees as compensation for its services.
3031	(5)  Permit fees for businesses that participate in the
3032	logo program must be established in an amount not less than that
3033	sufficient to offset the total cost to the department for the
3034	program, including contract costs. The department shall provide
3035	the services in the most efficient and cost-effective manner
3036	through department staff or by contracting for some or all of
3037	the services. Such annual permit fee shall not exceed $1,250.
3038	Annual permit fees shall be set by department rule based upon
3039	factors such as population, traffic volume, market demand, and
3040	costs. The annual permit fees shall be phased in by rule over a
3041	4-year period of time.
3042	Section 49.  Business partnerships; display of names.--
3043	(1)  School districts are encouraged to partner with local
3044	businesses for the purposes of mentorship opportunities,
3045	development of employment options and additional funding
3046	sources, and other mutual benefits.
3047	(2)  As a pilot program through June 30, 2011, the Palm
3048	Beach County School District may publicly display the names and
3049	recognitions of their business partners on school district
3050	property. Examples of appropriate business partner recognition
3051	include "Project Graduation" and athletic sponsorships. The
3052	district shall make every effort to display business partner
3053	names in a manner that is consistent with the county standards
3054	for uniformity in size, color, and placement of the signs.
3055	Whenever the provisions of this section are inconsistent with
3056	the provisions of the county ordinances or regulations relating
3057	to signs or the provisions of chapter 125, chapter 166, or
3058	chapter 479, Florida Statutes, in the unincorporated areas, the
3059	provisions of this section shall prevail.
3060	Section 50.  Paragraph (d) of subsection (10) of section
3061	768.28, Florida Statutes, is amended to read:
3062	768.28  Waiver of sovereign immunity in tort actions;
3063	recovery limits; limitation on attorney fees; statute of
3064	limitations; exclusions; indemnification; risk management
3065	programs.--
3066	(10)
3067	(d)1.  For the purposes of this section, operators,
3068	dispatchers, and providers of security for rail services and
3069	rail facility maintenance providers in any rail corridor owned
3070	by the Department of Transportation the South Florida Rail
3071	Corridor, or any of their employees or agents, performing such
3072	services under contract with and on behalf of the South Florida
3073	Regional Transportation Authority or the Department of
3074	Transportation, or a governmental entity that is under contract
3075	with the Department of Transportation to perform such services
3076	or a governmental entity designated by the Department of
3077	Transportation, shall be considered agents of the state while
3078	acting within the scope of and pursuant to guidelines
3079	established in said contract or by rule. This subsection shall
3080	not be construed as designating persons providing contracted
3081	operator, dispatcher, security services, rail facility
3082	maintenance, or other services as employees or agents of the
3083	state for the purposes of the Federal Employers Liability Act,
3084	the Federal Railway Labor Act, or chapter 440.
3085	2.  The Department of Transportation shall ensure that
3086	operators, dispatchers, and providers of security for rail
3087	services and rail facility maintenance providers in any rail
3088	corridor owned by the Department of Transportation meet
3089	requirements, as applicable to the service provided,
3090	demonstrating that, at a minimum, the provider:
3091	a.  Has complete knowledge of railroad specific dispatch
3092	operating rules, physical characteristics of the rail line for
3093	which the provider is responsible, and overall railroad
3094	operations including responsibilities of various departments
3095	within the railroad organization.
3096	b.  Has complete knowledge of railroad track maintenance
3097	standards and the Federal Railroad Administration Track Safety
3098	Standards, 49 C.F.R. part 213, and the Railroad Worker
3099	Protection, 49 C.F.R. part 214.
3100	c.  Meets the requirements of 49 C.F.R. s. 213.7,
3101	specifying the minimum qualifications and abilities for those
3102	persons to supervise the restoration and renewal of railroad
3103	track and for those persons to inspect such track for compliance
3104	with railroad specific maintenance standards and Federal
3105	Railroad Administration track safety standards.
3106	d.  Has complete knowledge of railroad signal maintenance
3107	standards and Federal Railroad Administration Grade Crossing
3108	Signal System Safety Standards, 49 C.F.R. part 234, and the
3109	Railroad Worker Protection, 49 C.F.R. part 214.
3110	e.  Has the ability to read and understand highly complex
3111	wiring diagrams and technical instruction manuals relating to
3112	railroad signals.
3113	f.  Understands rail corridor operating and safety rules.
3114	g.  Has the ability to develop and comply with Federal
3115	Transit Administration Management plans.
3116	h.  Has the ability to develop and comply with Federal
3117	Railroad Administration Safety and Security Program plans.
3118	Section 51.  The Department of Transportation, in
3119	consultation with the Department of Law Enforcement, the
3120	Division of Emergency Management of the Department of Community
3121	Affairs, and the Office of Tourism, Trade, and Economic
3122	Development, and regional planning councils within whose
3123	jurisdictional area the I-95 corridor lies, shall complete a
3124	study of transportation alternatives for the travel corridor
3125	parallel to Interstate 95 which takes into account the
3126	transportation, emergency management, homeland security, and
3127	economic development needs of the state. The report must include
3128	identification of cost effective measures that may be
3129	implemented to alleviate congestion on Interstate 95, facilitate
3130	emergency and security responses, and foster economic
3131	development. The Department of Transportation shall send the
3132	report to the Governor, the President of the Senate, the Speaker
3133	of the House of Representatives, and each affected metropolitan
3134	planning organization by June 30, 2009.
3135	Section 52.  (1)  The Office of Motor Carrier Compliance of
3136	the Department of Transportation is hereby transferred by a type
3137	two transfer, as defined in s. 20.06(2), Florida Statutes, to
3138	the Division of the Florida Highway Patrol of the Department of
3139	Highway Safety and Motor Vehicles. The Department of Highway
3140	Safety and Motor Vehicles shall be reimbursed by the Department
3141	of Transportation for such expenses incurred to provide motor
3142	carrier compliance functions within the division of the Florida
3143	Highway Patrol. This amount shall be determined annually by the
3144	Department of Highway Safety and Motor Vehicles based upon the
3145	appropriation provided for these functions, less any federal
3146	grant funds, in the General Appropriations Act.
3147	(2)  The Legislature recognizes that there is a need to
3148	conform the Florida Statutes to the organizational changes in
3149	this section and that there may be a need to resolve apparent
3150	conflicts with any other legislation that has been or may be
3151	enacted during the 2008 Regular Session. Therefore, in the
3152	interim between this act becoming a law and the 2009 Regular
3153	Session of the Legislature or an earlier special session
3154	addressing this issue, the Division of Statutory Revision shall
3155	provide the relevant substantive committees of the Senate and
3156	the House of Representatives with assistance, upon request, to
3157	enable such committees to prepare draft legislation to conform
3158	the Florida Statutes and any legislation enacted during 2008 to
3159	the provisions of this section.
3160	Section 53.  The Office of Program Policy Analysis and
3161	Government Accountability shall review the operations and
3162	efficiencies of the Miami-Dade Expressway Authority and submit a
3163	report on its findings to the President of the Senate, the
3164	Speaker of the House of Representatives, and the majority and
3165	minority leaders of the Senate and the House of Representatives.
3166	Section 54.  For the purpose of incorporating the amendment
3167	made by this act to section 316.193, Florida Statutes, in a
3168	reference thereto, paragraph (a) of subsection (3) of section
3169	316.066, Florida Statutes, is reenacted to read:
3170	316.066  Written reports of crashes.--
3171	(3)(a)  Every law enforcement officer who in the regular
3172	course of duty investigates a motor vehicle crash:
3173	1.  Which crash resulted in death or personal injury shall,
3174	within 10 days after completing the investigation, forward a
3175	written report of the crash to the department or traffic records
3176	center.
3177	2.  Which crash involved a violation of s. 316.061(1) or s.
3178	316.193 shall, within 10 days after completing the
3179	investigation, forward a written report of the crash to the
3180	department or traffic records center.
3181	3.  In which crash a vehicle was rendered inoperative to a
3182	degree which required a wrecker to remove it from traffic may,
3183	within 10 days after completing the investigation, forward a
3184	written report of the crash to the department or traffic records
3185	center if such action is appropriate, in the officer's
3186	discretion.
3187	Section 55.  For the purpose of incorporating the amendment
3188	made by this act to section 316.193, Florida Statutes, in a
3189	reference thereto, paragraph (b) of subsection (4) of section
3190	316.072, Florida Statutes, is reenacted to read:
3191	316.072  Obedience to and effect of traffic laws.--
3192	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
3193	EXCEPTIONS.--
3194	(b)  Unless specifically made applicable, the provisions of
3195	this chapter, except those contained in ss. 316.192, 316.1925,
3196	and 316.193, shall not apply to persons, teams, or motor
3197	vehicles and other equipment while actually engaged in work upon
3198	the surface of a highway, but shall apply to such persons and
3199	vehicles when traveling to or from such work.
3200	Section 56.  For the purpose of incorporating the amendment
3201	made by this act to section 316.193, Florida Statutes, in a
3202	reference thereto, subsection (3) of section 316.1932, Florida
3203	Statutes, is reenacted to read:
3204	316.1932  Tests for alcohol, chemical substances, or
3205	controlled substances; implied consent; refusal.--
3206	(3)  Notwithstanding any provision of law pertaining to the
3207	confidentiality of hospital records or other medical records,
3208	information relating to the alcoholic content of the blood or
3209	breath or the presence of chemical substances or controlled
3210	substances in the blood obtained pursuant to this section shall
3211	be released to a court, prosecuting attorney, defense attorney,
3212	or law enforcement officer in connection with an alleged
3213	violation of s. 316.193 upon request for such information.
3214	Section 57.  For the purpose of incorporating the amendment
3215	made by this act to section 316.193, Florida Statutes, in a
3216	reference thereto, subsection (4) of section 316.1933, Florida
3217	Statutes, is reenacted to read:
3218	316.1933  Blood test for impairment or intoxication in
3219	cases of death or serious bodily injury; right to use reasonable
3220	force.--
3221	(4)  Notwithstanding any provision of law pertaining to the
3222	confidentiality of hospital records or other medical records,
3223	information relating to the alcoholic content of the blood or
3224	the presence of chemical substances or controlled substances in
3225	the blood obtained pursuant to this section shall be released to
3226	a court, prosecuting attorney, defense attorney, or law
3227	enforcement officer in connection with an alleged violation of
3228	s. 316.193 upon request for such information.
3229	Section 58.  For the purpose of incorporating the amendment
3230	made by this act to section 316.193, Florida Statutes, in
3231	references thereto, subsection (1) and paragraph (d) of
3232	subsection (2) of section 316.1937, Florida Statutes, are
3233	reenacted to read:
3234	316.1937  Ignition interlock devices, requiring; unlawful
3235	acts.--
3236	(1)  In addition to any other authorized penalties, the
3237	court may require that any person who is convicted of driving
3238	under the influence in violation of s. 316.193 shall not operate
3239	a motor vehicle unless that vehicle is equipped with a
3240	functioning ignition interlock device certified by the
3241	department as provided in s. 316.1938, and installed in such a
3242	manner that the vehicle will not start if the operator's blood
3243	alcohol level is in excess of 0.05 percent or as otherwise
3244	specified by the court. The court may require the use of an
3245	approved ignition interlock device for a period of not less than
3246	6 months, if the person is permitted to operate a motor vehicle,
3247	whether or not the privilege to operate a motor vehicle is
3248	restricted, as determined by the court. The court, however,
3249	shall order placement of an ignition interlock device in those
3250	circumstances required by s. 316.193.
3251	(2)  If the court imposes the use of an ignition interlock
3252	device, the court shall:
3253	(d)  Determine the person's ability to pay for installation
3254	of the device if the person claims inability to pay. If the
3255	court determines that the person is unable to pay for
3256	installation of the device, the court may order that any portion
3257	of a fine paid by the person for a violation of s. 316.193 shall
3258	be allocated to defray the costs of installing the device.
3259	Section 59.  For the purpose of incorporating the amendment
3260	made by this act to section 316.193, Florida Statutes, in a
3261	reference thereto, paragraph (b) of subsection (1) of section
3262	316.1939, Florida Statutes, is reenacted to read:
3263	316.1939  Refusal to submit to testing; penalties.--
3264	(1)  Any person who has refused to submit to a chemical or
3265	physical test of his or her breath, blood, or urine, as
3266	described in s. 316.1932, and whose driving privilege was
3267	previously suspended for a prior refusal to submit to a lawful
3268	test of his or her breath, urine, or blood, and:
3269	(b)  Who was placed under lawful arrest for a violation of
3270	s. 316.193 unless such test was requested pursuant to s.
3271	316.1932(1)(c);
3272
3273	commits a misdemeanor of the first degree and is subject to
3274	punishment as provided in s. 775.082 or s. 775.083.
3275	Section 60.  For the purpose of incorporating the amendment
3276	made by this act to section 316.193, Florida Statutes, in a
3277	reference thereto, subsection (1) of section 316.656, Florida
3278	Statutes, is reenacted to read:
3279	316.656  Mandatory adjudication; prohibition against
3280	accepting plea to lesser included offense.--
3281	(1)  Notwithstanding the provisions of s. 948.01, no court
3282	may suspend, defer, or withhold adjudication of guilt or
3283	imposition of sentence for any violation of s. 316.193, for
3284	manslaughter resulting from the operation of a motor vehicle, or
3285	for vehicular homicide.
3286	Section 61.  For the purpose of incorporating the amendment
3287	made by this act to section 316.193, Florida Statutes, in
3288	references thereto, subsections (4) and (5) of section 318.143,
3289	Florida Statutes, are reenacted to read:
3290	318.143  Sanctions for infractions by minors.--
3291	(4)  For the first conviction for a violation of s.
3292	316.193, the court may order the Department of Highway Safety
3293	and Motor Vehicles to revoke the minor's driver's license until
3294	the minor is 18 years of age. For a second or subsequent
3295	conviction for such a violation, the court may order the
3296	Department of Highway Safety and Motor Vehicles to revoke the
3297	minor's driver's license until the minor is 21 years of age.
3298	(5)  A minor who is arrested for a violation of s. 316.193
3299	may be released from custody as soon as:
3300	(a)  The minor is no longer under the influence of
3301	alcoholic beverages, of any chemical substance set forth in s.
3302	877.111, or of any substance controlled under chapter 893, and
3303	is not affected to the extent that his or her normal faculties
3304	are impaired;
3305	(b)  The minor's blood-alcohol level is less than 0.05
3306	percent; or
3307	(c)  Six hours have elapsed after the minor's arrest.
3308	Section 62.  For the purpose of incorporating the amendment
3309	made by this act to section 316.193, Florida Statutes, in a
3310	reference thereto, subsection (3) of section 318.17, Florida
3311	Statutes, is reenacted to read:
3312	318.17  Offenses excepted.--No provision of this chapter is
3313	available to a person who is charged with any of the following
3314	offenses:
3315	(3)  Driving, or being in actual physical control of, any
3316	vehicle while under the influence of alcoholic beverages, any
3317	chemical substance set forth in s. 877.111, or any substance
3318	controlled under chapter 893, in violation of s. 316.193, or
3319	driving with an unlawful blood-alcohol level;
3320	Section 63.  For the purpose of incorporating the amendment
3321	made by this act to section 316.193, Florida Statutes, in a
3322	reference thereto, paragraph (c) of subsection (1) of section
3323	320.055, Florida Statutes, is reenacted to read:
3324	320.055  Registration periods; renewal periods.--The
3325	following registration periods and renewal periods are
3326	established:
3327	(1)
3328	(c)  Notwithstanding the requirements of paragraph (a), the
3329	owner of a motor vehicle subject to paragraph (a) who has had
3330	his or her driver's license suspended pursuant to a violation of
3331	s. 316.193 or pursuant to s. 322.26(2) for driving under the
3332	influence must obtain a 6-month registration as a condition of
3333	reinstating the license, subject to renewal during the 3-year
3334	period that financial responsibility requirements apply. The
3335	registration period begins the first day of the birth month of
3336	the owner and ends the last day of the fifth month immediately
3337	following the owner's birth month. For such vehicles, the
3338	department shall issue a vehicle registration certificate that
3339	is valid for 6 months and shall issue a validation sticker that
3340	displays an expiration date of 6 months after the date of
3341	issuance. The license tax required by s. 320.08 and all other
3342	applicable license taxes shall be one-half of the amount
3343	otherwise required, except the service charge required by s.
3344	320.04 shall be paid in full for each 6-month registration. A
3345	vehicle required to be registered under this paragraph is not
3346	eligible for the extended registration period under paragraph
3347	(b).
3348	Section 64.  For the purpose of incorporating the amendment
3349	made by this act to section 316.193, Florida Statutes, in a
3350	reference thereto, subsection (2) of section 322.03, Florida
3351	Statutes, is reenacted to read:
3352	322.03  Drivers must be licensed; penalties.--
3353	(2)  Prior to issuing a driver's license, the department
3354	shall require any person who has been convicted two or more
3355	times of a violation of s. 316.193 or of a substantially similar
3356	alcohol-related or drug-related offense outside this state
3357	within the preceding 5 years, or who has been convicted of three
3358	or more such offenses within the preceding 10 years, to present
3359	proof of successful completion of or enrollment in a department-
3360	approved substance abuse education course. If the person fails
3361	to complete such education course within 90 days after issuance,
3362	the department shall cancel the license. Further, prior to
3363	issuing the driver's license the department shall require such
3364	person to present proof of financial responsibility as provided
3365	in s. 324.031. For the purposes of this paragraph, a previous
3366	conviction for violation of former s. 316.028, former s.
3367	316.1931, or former s. 860.01 shall be considered a previous
3368	conviction for violation of s. 316.193.
3369	Section 65.  For the purpose of incorporating the amendment
3370	made by this act to section 316.193, Florida Statutes, in a
3371	reference thereto, paragraph (a) of subsection (2) of section
3372	322.0602, Florida Statutes, is reenacted to read:
3373	322.0602  Youthful Drunk Driver Visitation Program.--
3374	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
3375	PARTICIPATION.--
3376	(a)  If a person is convicted of a violation of s. 316.193,
3377	the court may order, as a term and condition of probation in
3378	addition to any other term or condition required or authorized
3379	by law, that the probationer participate in the Youthful Drunk
3380	Driver Visitation Program.
3381	Section 66.  For the purpose of incorporating the amendment
3382	made by this act to section 316.193, Florida Statutes, in a
3383	reference thereto, subsection (8) of section 322.21, Florida
3384	Statutes, is reenacted to read:
3385	322.21  License fees; procedure for handling and collecting
3386	fees.--
3387	(8)  Any person who applies for reinstatement following the
3388	suspension or revocation of the person's driver's license shall
3389	pay a service fee of $35 following a suspension, and $60
3390	following a revocation, which is in addition to the fee for a
3391	license. Any person who applies for reinstatement of a
3392	commercial driver's license following the disqualification of
3393	the person's privilege to operate a commercial motor vehicle
3394	shall pay a service fee of $60, which is in addition to the fee
3395	for a license. The department shall collect all of these fees at
3396	the time of reinstatement. The department shall issue proper
3397	receipts for such fees and shall promptly transmit all funds
3398	received by it as follows:
3399	(a)  Of the $35 fee received from a licensee for
3400	reinstatement following a suspension, the department shall
3401	deposit $15 in the General Revenue Fund and $20 in the Highway
3402	Safety Operating Trust Fund.
3403	(b)  Of the $60 fee received from a licensee for
3404	reinstatement following a revocation or disqualification, the
3405	department shall deposit $35 in the General Revenue Fund and $25
3406	in the Highway Safety Operating Trust Fund.
3407
3408	If the revocation or suspension of the driver's license was for
3409	a violation of s. 316.193, or for refusal to submit to a lawful
3410	breath, blood, or urine test, an additional fee of $115 must be
3411	charged. However, only one $115 fee may be collected from one
3412	person convicted of violations arising out of the same incident.
3413	The department shall collect the $115 fee and deposit the fee
3414	into the Highway Safety Operating Trust Fund at the time of
3415	reinstatement of the person's driver's license, but the fee may
3416	not be collected if the suspension or revocation is overturned.
3417	If the revocation or suspension of the driver's license was for
3418	a conviction for a violation of s. 817.234(8) or (9) or s.
3419	817.505, an additional fee of $180 is imposed for each offense.
3420	The department shall collect and deposit the additional fee into
3421	the Highway Safety Operating Trust Fund at the time of
3422	reinstatement of the person's driver's license.
3423	Section 67.  For the purpose of incorporating the amendment
3424	made by this act to section 316.193, Florida Statutes, in a
3425	reference thereto, subsection (5) of section 322.25, Florida
3426	Statutes, is reenacted to read:
3427	322.25  When court to forward license to department and
3428	report convictions; temporary reinstatement of driving
3429	privileges.--
3430	(5)  For the purpose of this chapter, the entrance of a
3431	plea of nolo contendere by the defendant to a charge of driving
3432	while intoxicated, driving under the influence, driving with an
3433	unlawful blood-alcohol level, or any other alcohol-related or
3434	drug-related traffic offense similar to the offenses specified
3435	in s. 316.193, accepted by the court and under which plea the
3436	court has entered a fine or sentence, whether in this state or
3437	any other state or country, shall be equivalent to a conviction.
3438	Section 68.  For the purpose of incorporating the amendment
3439	made by this act to section 316.193, Florida Statutes, in a
3440	reference thereto, paragraph (a) of subsection (1) of section
3441	322.26, Florida Statutes, is reenacted to read:
3442	322.26  Mandatory revocation of license by department.--The
3443	department shall forthwith revoke the license or driving
3444	privilege of any person upon receiving a record of such person's
3445	conviction of any of the following offenses:
3446	(1)(a)  Murder resulting from the operation of a motor
3447	vehicle, DUI manslaughter where the conviction represents a
3448	subsequent DUI-related conviction, or a fourth violation of s.
3449	316.193 or former s. 316.1931. For such cases, the revocation of
3450	the driver's license or driving privilege shall be permanent.
3451	Section 69.  For the purpose of incorporating the amendment
3452	made by this act to section 316.193, Florida Statutes, in
3453	references thereto, paragraph (a) of subsection (14) and
3454	subsection (16) of section 322.2615, Florida Statutes, are
3455	reenacted to read:
3456	322.2615  Suspension of license; right to review.--
3457	(14)(a)  The decision of the department under this section
3458	or any circuit court review thereof may not be considered in any
3459	trial for a violation of s. 316.193, and a written statement
3460	submitted by a person in his or her request for departmental
3461	review under this section may not be admitted into evidence
3462	against him or her in any such trial.
3463	(16)  The department shall invalidate a suspension for
3464	driving with an unlawful blood-alcohol level or breath-alcohol
3465	level imposed under this section if the suspended person is
3466	found not guilty at trial of an underlying violation of s.
3467	316.193.
3468	Section 70.  For the purpose of incorporating the amendment
3469	made by this act to section 316.193, Florida Statutes, in
3470	references thereto, subsections (15) and (19) of section
3471	322.2616, Florida Statutes, are reenacted to read:
3472	322.2616  Suspension of license; persons under 21 years of
3473	age; right to review.--
3474	(15)  The decision of the department under this section
3475	shall not be considered in any trial for a violation of s.
3476	316.193, nor shall any written statement submitted by a person
3477	in his or her request for departmental review under this section
3478	be admissible into evidence against him or her in any such
3479	trial. The disposition of any related criminal proceedings shall
3480	not affect a suspension imposed under this section.
3481	(19)  A violation of this section is neither a traffic
3482	infraction nor a criminal offense, nor does being detained
3483	pursuant to this section constitute an arrest. A violation of
3484	this section is subject to the administrative action provisions
3485	of this section, which are administered by the department
3486	through its administrative processes. Administrative actions
3487	taken pursuant to this section shall be recorded in the motor
3488	vehicle records maintained by the department. This section does
3489	not bar prosecution under s. 316.193. However, if the department
3490	suspends a person's license under s. 322.2615 for a violation of
3491	s. 316.193, it may not also suspend the person's license under
3492	this section for the same episode that was the basis for the
3493	suspension under s. 322.2615.
3494	Section 71.  For the purpose of incorporating the amendment
3495	made by this act to section 316.193, Florida Statutes, in a
3496	reference thereto, paragraph (b) of subsection (1) of section
3497	322.264, Florida Statutes, is reenacted to read:
3498	322.264  "Habitual traffic offender" defined.--A "habitual
3499	traffic offender" is any person whose record, as maintained by
3500	the Department of Highway Safety and Motor Vehicles, shows that
3501	such person has accumulated the specified number of convictions
3502	for offenses described in subsection (1) or subsection (2)
3503	within a 5-year period:
3504	(1)  Three or more convictions of any one or more of the
3505	following offenses arising out of separate acts:
3506	(b)  Any violation of s. 316.193, former s. 316.1931, or
3507	former s. 860.01;
3508
3509	Any violation of any federal law, any law of another state or
3510	country, or any valid ordinance of a municipality or county of
3511	another state similar to a statutory prohibition specified in
3512	subsection (1) or subsection (2) shall be counted as a violation
3513	of such prohibition. In computing the number of convictions, all
3514	convictions during the 5 years previous to July 1, 1972, will be
3515	used, provided at least one conviction occurs after that date.
3516	The fact that previous convictions may have resulted in
3517	suspension, revocation, or disqualification under another
3518	section does not exempt them from being used for suspension or
3519	revocation under this section as a habitual offender.
3520	Section 72.  For the purpose of incorporating the amendment
3521	made by this act to section 316.193, Florida Statutes, in
3522	references thereto, paragraphs (a) and (c) of subsection (2) and
3523	subsection (4) of section 322.271, Florida Statutes, are
3524	reenacted to read:
3525	322.271  Authority to modify revocation, cancellation, or
3526	suspension order.--
3527	(2)(a)  Upon such hearing, the person whose license has
3528	been suspended, canceled, or revoked may show that such
3529	suspension, cancellation, or revocation of his or her license
3530	causes a serious hardship and precludes the person's carrying
3531	out his or her normal business occupation, trade, or employment
3532	and that the use of the person's license in the normal course of
3533	his or her business is necessary to the proper support of the
3534	person or his or her family. Except as otherwise provided in
3535	this subsection, the department shall require proof of the
3536	successful completion of the applicable department-approved
3537	driver training course operating pursuant to s. 318.1451 or DUI
3538	program substance abuse education course and evaluation as
3539	provided in s. 316.193(5). Letters of recommendation from
3540	respected business persons in the community, law enforcement
3541	officers, or judicial officers may also be required to determine
3542	whether such person should be permitted to operate a motor
3543	vehicle on a restricted basis for business or employment use
3544	only and in determining whether such person can be trusted to so
3545	operate a motor vehicle. If a driver's license has been
3546	suspended under the point system or pursuant to s. 322.2615, the
3547	department shall require proof of enrollment in the applicable
3548	department-approved driver training course or licensed DUI
3549	program substance abuse education course, including evaluation
3550	and treatment, if referred, and may require letters of
3551	recommendation described in this subsection to determine if the
3552	driver should be reinstated on a restricted basis. If such
3553	person fails to complete the approved course within 90 days
3554	after reinstatement or subsequently fails to complete treatment,
3555	if applicable, the department shall cancel his or her driver's
3556	license until the course and treatment, if applicable, is
3557	successfully completed, notwithstanding the terms of the court
3558	order or any suspension or revocation of the driving privilege.
3559	The department may temporarily reinstate the driving privilege
3560	on a restricted basis upon verification from the DUI program
3561	that the offender has reentered and is currently participating
3562	in treatment and has completed the DUI education course and
3563	evaluation requirement. If the DUI program notifies the
3564	department of the second failure to complete treatment, the
3565	department shall reinstate the driving privilege only after
3566	notice of completion of treatment from the DUI program. The
3567	privilege of driving on a limited or restricted basis for
3568	business or employment use shall not be granted to a person who
3569	has been convicted of a violation of s. 316.193 until completion
3570	of the DUI program substance abuse education course and
3571	evaluations as provided in s. 316.193(5). Except as provided in
3572	paragraph (b), the privilege of driving on a limited or
3573	restricted basis for business or employment use shall not be
3574	granted to a person whose license is revoked pursuant to s.
3575	322.28 or suspended pursuant to s. 322.2615 and who has been
3576	convicted of a violation of s. 316.193 two or more times or
3577	whose license has been suspended two or more times for refusal
3578	to submit to a test pursuant to s. 322.2615 or former s.
3579	322.261.
3580	(c)  For the purpose of this section, a previous conviction
3581	of driving under the influence, driving while intoxicated,
3582	driving with an unlawful blood-alcohol level, or any other
3583	similar alcohol-related or drug-related offense outside this
3584	state or a previous conviction of former s. 316.1931, former s.
3585	316.028, or former s. 860.01 shall be considered a previous
3586	conviction for violation of s. 316.193.
3587	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3588	person whose driving privilege has been permanently revoked
3589	because he or she has been convicted of DUI manslaughter in
3590	violation of s. 316.193 and has no prior convictions for DUI-
3591	related offenses may, upon the expiration of 5 years after the
3592	date of such revocation or the expiration of 5 years after the
3593	termination of any term of incarceration under s. 316.193 or
3594	former s. 316.1931, whichever date is later, petition the
3595	department for reinstatement of his or her driving privilege.
3596	(a)  Within 30 days after the receipt of such a petition,
3597	the department shall afford the petitioner an opportunity for a
3598	hearing. At the hearing, the petitioner must demonstrate to the
3599	department that he or she:
3600	1.  Has not been arrested for a drug-related offense during
3601	the 5 years preceding the filing of the petition;
3602	2.  Has not driven a motor vehicle without a license for at
3603	least 5 years prior to the hearing;
3604	3.  Has been drug-free for at least 5 years prior to the
3605	hearing; and
3606	4.  Has completed a DUI program licensed by the department.
3607	(b)  At such hearing, the department shall determine the
3608	petitioner's qualification, fitness, and need to drive. Upon
3609	such determination, the department may, in its discretion,
3610	reinstate the driver's license of the petitioner. Such
3611	reinstatement must be made subject to the following
3612	qualifications:
3613	1.  The license must be restricted for employment purposes
3614	for not less than 1 year; and
3615	2.  Such person must be supervised by a DUI program
3616	licensed by the department and report to the program for such
3617	supervision and education at least four times a year or
3618	additionally as required by the program for the remainder of the
3619	revocation period. Such supervision shall include evaluation,
3620	education, referral into treatment, and other activities
3621	required by the department.
3622	(c)  Such person must assume the reasonable costs of
3623	supervision. If such person fails to comply with the required
3624	supervision, the program shall report the failure to the
3625	department, and the department shall cancel such person's
3626	driving privilege.
3627	(d)  If, after reinstatement, such person is convicted of
3628	an offense for which mandatory revocation of his or her license
3629	is required, the department shall revoke his or her driving
3630	privilege.
3631	(e)  The department shall adopt rules regulating the
3632	providing of services by DUI programs pursuant to this section.
3633	Section 73.  For the purpose of incorporating the amendment
3634	made by this act to section 316.193, Florida Statutes, in
3635	references thereto, subsection (2), paragraphs (a) and (c) of
3636	subsection (3), and subsection (4) of section 322.2715, Florida
3637	Statutes, are reenacted to read:
3638	322.2715  Ignition interlock device.--
3639	(2)  For purposes of this section, any conviction for a
3640	violation of s. 316.193, a previous conviction for a violation
3641	of former s. 316.1931, or a conviction outside this state for
3642	driving under the influence, driving while intoxicated, driving
3643	with an unlawful blood-alcohol level, or any other similar
3644	alcohol-related or drug-related traffic offense is a conviction
3645	of driving under the influence.
3646	(3)  If the person is convicted of:
3647	(a)  A first offense of driving under the influence under
3648	s. 316.193 and has an unlawful blood-alcohol level or breath-
3649	alcohol level as specified in s. 316.193(4), or if a person is
3650	convicted of a violation of s. 316.193 and was at the time of
3651	the offense accompanied in the vehicle by a person younger than
3652	18 years of age, the person shall have the ignition interlock
3653	device installed for 6 months for the first offense and for at
3654	least 2 years for a second offense.
3655	(c)  A third offense of driving under the influence which
3656	occurs within 10 years after a prior conviction for a violation
3657	of s. 316.193, the ignition interlock device shall be installed
3658	for a period of not less than 2 years.
3659	(4)  If the court fails to order the mandatory placement of
3660	the ignition interlock device or fails to order for the
3661	applicable period the mandatory placement of an ignition
3662	interlock device under s. 316.193 or s. 316.1937 at the time of
3663	imposing sentence or within 30 days thereafter, the department
3664	shall immediately require that the ignition interlock device be
3665	installed as provided in this section, except that consideration
3666	may be given to those individuals having a documented medical
3667	condition that would prohibit the device from functioning
3668	normally. This subsection applies to the reinstatement of the
3669	driving privilege following a revocation, suspension, or
3670	cancellation that is based upon a conviction for the offense of
3671	driving under the influence which occurs on or after July 1,
3672	2005.
3673	Section 74.  For the purpose of incorporating the amendment
3674	made by this act to section 316.193, Florida Statutes, in a
3675	reference thereto, subsection (2) of section 322.28, Florida
3676	Statutes, is reenacted to read:
3677	322.28  Period of suspension or revocation.--
3678	(2)  In a prosecution for a violation of s. 316.193 or
3679	former s. 316.1931, the following provisions apply:
3680	(a)  Upon conviction of the driver, the court, along with
3681	imposing sentence, shall revoke the driver's license or driving
3682	privilege of the person so convicted, effective on the date of
3683	conviction, and shall prescribe the period of such revocation in
3684	accordance with the following provisions:
3685	1.  Upon a first conviction for a violation of the
3686	provisions of s. 316.193, except a violation resulting in death,
3687	the driver's license or driving privilege shall be revoked for
3688	not less than 180 days or more than 1 year.
3689	2.  Upon a second conviction for an offense that occurs
3690	within a period of 5 years after the date of a prior conviction
3691	for a violation of the provisions of s. 316.193 or former s.
3692	316.1931 or a combination of such sections, the driver's license
3693	or driving privilege shall be revoked for not less than 5 years.
3694	3.  Upon a third conviction for an offense that occurs
3695	within a period of 10 years after the date of a prior conviction
3696	for the violation of the provisions of s. 316.193 or former s.
3697	316.1931 or a combination of such sections, the driver's license
3698	or driving privilege shall be revoked for not less than 10
3699	years.
3700
3701	For the purposes of this paragraph, a previous conviction
3702	outside this state for driving under the influence, driving
3703	while intoxicated, driving with an unlawful blood-alcohol level,
3704	or any other alcohol-related or drug-related traffic offense
3705	similar to the offense of driving under the influence as
3706	proscribed by s. 316.193 will be considered a previous
3707	conviction for violation of s. 316.193, and a conviction for
3708	violation of former s. 316.028, former s. 316.1931, or former s.
3709	860.01 is considered a conviction for violation of s. 316.193.
3710	(b)  If the period of revocation was not specified by the
3711	court at the time of imposing sentence or within 30 days
3712	thereafter, and is not otherwise specified by law, the
3713	department shall forthwith revoke the driver's license or
3714	driving privilege for the maximum period applicable under
3715	paragraph (a) for a first conviction and for the minimum period
3716	applicable under paragraph (a) for any subsequent convictions.
3717	The driver may, within 30 days after such revocation by the
3718	department, petition the court for further hearing on the period
3719	of revocation, and the court may reopen the case and determine
3720	the period of revocation within the limits specified in
3721	paragraph (a).
3722	(c)  The forfeiture of bail bond, not vacated within 20
3723	days, in any prosecution for the offense of driving while under
3724	the influence of alcoholic beverages, chemical substances, or
3725	controlled substances to the extent of depriving the defendant
3726	of his or her normal faculties shall be deemed equivalent to a
3727	conviction for the purposes of this paragraph, and the
3728	department shall forthwith revoke the defendant's driver's
3729	license or driving privilege for the maximum period applicable
3730	under paragraph (a) for a first conviction and for the minimum
3731	period applicable under paragraph (a) for a second or subsequent
3732	conviction; however, if the defendant is later convicted of the
3733	charge, the period of revocation imposed by the department for
3734	such conviction shall not exceed the difference between the
3735	applicable maximum for a first conviction or minimum for a
3736	second or subsequent conviction and the revocation period under
3737	this subsection that has actually elapsed; upon conviction of
3738	such charge, the court may impose revocation for a period of
3739	time as specified in paragraph (a). This paragraph does not
3740	apply if an appropriate motion contesting the forfeiture is
3741	filed within the 20-day period.
3742	(d)  When any driver's license or driving privilege has
3743	been revoked pursuant to the provisions of this section, the
3744	department shall not grant a new license, except upon
3745	reexamination of the licensee after the expiration of the period
3746	of revocation so prescribed. However, the court may, in its
3747	sound discretion, issue an order of reinstatement on a form
3748	furnished by the department which the person may take to any
3749	driver's license examining office for reinstatement by the
3750	department pursuant to s. 322.282.
3751	(e)  The court shall permanently revoke the driver's
3752	license or driving privilege of a person who has been convicted
3753	four times for violation of s. 316.193 or former s. 316.1931 or
3754	a combination of such sections. The court shall permanently
3755	revoke the driver's license or driving privilege of any person
3756	who has been convicted of DUI manslaughter in violation of s.
3757	316.193. If the court has not permanently revoked such driver's
3758	license or driving privilege within 30 days after imposing
3759	sentence, the department shall permanently revoke the driver's
3760	license or driving privilege pursuant to this paragraph. No
3761	driver's license or driving privilege may be issued or granted
3762	to any such person. This paragraph applies only if at least one
3763	of the convictions for violation of s. 316.193 or former s.
3764	316.1931 was for a violation that occurred after July 1, 1982.
3765	For the purposes of this paragraph, a conviction for violation
3766	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3767	also considered a conviction for violation of s. 316.193. Also,
3768	a conviction of driving under the influence, driving while
3769	intoxicated, driving with an unlawful blood-alcohol level, or
3770	any other similar alcohol-related or drug-related traffic
3771	offense outside this state is considered a conviction for the
3772	purposes of this paragraph.
3773	Section 75.  For the purpose of incorporating the amendment
3774	made by this act to section 316.193, Florida Statutes, in
3775	references thereto, paragraph (a) of subsection (2) of section
3776	322.282, Florida Statutes, is reenacted to read:
3777	322.282  Procedure when court revokes or suspends license
3778	or driving privilege and orders reinstatement.--When a court
3779	suspends or revokes a person's license or driving privilege and,
3780	in its discretion, orders reinstatement as provided by s.
3781	322.28(2)(d) or former s. 322.261(5):
3782	(2)(a)  The court shall issue an order of reinstatement, on
3783	a form to be furnished by the department, which the person may
3784	take to any driver's license examining office. The department
3785	shall issue a temporary driver's permit to a licensee who
3786	presents the court's order of reinstatement, proof of completion
3787	of a department-approved driver training or substance abuse
3788	education course, and a written request for a hearing under s.
3789	322.271. The permit shall not be issued if a record check by the
3790	department shows that the person has previously been convicted
3791	for a violation of s. 316.193, former s. 316.1931, former s.
3792	316.028, former s. 860.01, or a previous conviction outside this
3793	state for driving under the influence, driving while
3794	intoxicated, driving with an unlawful blood-alcohol level, or
3795	any similar alcohol-related or drug-related traffic offense;
3796	that the person's driving privilege has been previously
3797	suspended for refusal to submit to a lawful test of breath,
3798	blood, or urine; or that the person is otherwise not entitled to
3799	issuance of a driver's license. This paragraph shall not be
3800	construed to prevent the reinstatement of a license or driving
3801	privilege that is presently suspended for driving with an
3802	unlawful blood-alcohol level or a refusal to submit to a breath,
3803	urine, or blood test and is also revoked for a conviction for a
3804	violation of s. 316.193 or former s. 316.1931, if the suspension
3805	and revocation arise out of the same incident.
3806	Section 76.  For the purpose of incorporating the amendment
3807	made by this act to section 316.193, Florida Statutes, in a
3808	reference thereto, paragraph (a) of subsection (1) of section
3809	322.291, Florida Statutes, is reenacted to read:
3810	322.291  Driver improvement schools or DUI programs;
3811	required in certain suspension and revocation cases.--Except as
3812	provided in s. 322.03(2), any person:
3813	(1)  Whose driving privilege has been revoked:
3814	(a)  Upon conviction for:
3815	1.  Driving, or being in actual physical control of, any
3816	vehicle while under the influence of alcoholic beverages, any
3817	chemical substance set forth in s. 877.111, or any substance
3818	controlled under chapter 893, in violation of s. 316.193;
3819	2.  Driving with an unlawful blood- or breath-alcohol
3820	level;
3821	3.  Manslaughter resulting from the operation of a motor
3822	vehicle;
3823	4.  Failure to stop and render aid as required under the
3824	laws of this state in the event of a motor vehicle crash
3825	resulting in the death or personal injury of another;
3826	5.  Reckless driving; or
3827
3828	shall, before the driving privilege may be reinstated, present
3829	to the department proof of enrollment in a department-approved
3830	advanced driver improvement course operating pursuant to s.
3831	318.1451 or a substance abuse education course conducted by a
3832	DUI program licensed pursuant to s. 322.292, which shall include
3833	a psychosocial evaluation and treatment, if referred. If the
3834	person fails to complete such course or evaluation within 90
3835	days after reinstatement, or subsequently fails to complete
3836	treatment, if referred, the DUI program shall notify the
3837	department of the failure. Upon receipt of the notice, the
3838	department shall cancel the offender's driving privilege,
3839	notwithstanding the expiration of the suspension or revocation
3840	of the driving privilege. The department may temporarily
3841	reinstate the driving privilege upon verification from the DUI
3842	program that the offender has completed the education course and
3843	evaluation requirement and has reentered and is currently
3844	participating in treatment. If the DUI program notifies the
3845	department of the second failure to complete treatment, the
3846	department shall reinstate the driving privilege only after
3847	notice of completion of treatment from the DUI program.
3848	Section 77.  For the purpose of incorporating the amendment
3849	made by this act to section 316.193, Florida Statutes, in a
3850	reference thereto, paragraph (a) of subsection (9) of section
3851	322.34, Florida Statutes, is reenacted to read:
3852	322.34  Driving while license suspended, revoked, canceled,
3853	or disqualified.--
3854	(9)(a)  A motor vehicle that is driven by a person under
3855	the influence of alcohol or drugs in violation of s. 316.193 is
3856	subject to seizure and forfeiture under ss. 932.701-932.707 and
3857	is subject to liens for recovering, towing, or storing vehicles
3858	under s. 713.78 if, at the time of the offense, the person's
3859	driver's license is suspended, revoked, or canceled as a result
3860	of a prior conviction for driving under the influence.
3861	Section 78.  For the purpose of incorporating the amendment
3862	made by this act to section 316.193, Florida Statutes, in a
3863	reference thereto, subsection (3) of section 322.62, Florida
3864	Statutes, is reenacted to read:
3865	322.62  Driving under the influence; commercial motor
3866	vehicle operators.--
3867	(3)  This section does not supersede s. 316.193. Nothing in
3868	this section prohibits the prosecution of a person who drives a
3869	commercial motor vehicle for driving under the influence of
3870	alcohol or controlled substances whether or not such person is
3871	also prosecuted for a violation of this section.
3872	Section 79.  For the purpose of incorporating the amendment
3873	made by this act to section 316.193, Florida Statutes, in
3874	references thereto, paragraph (d) of subsection (2) and
3875	subsection (6) of section 322.63, Florida Statutes, are
3876	reenacted to read:
3877	322.63  Alcohol or drug testing; commercial motor vehicle
3878	operators.--
3879	(2)  The chemical and physical tests authorized by this
3880	section shall only be required if a law enforcement officer has
3881	reasonable cause to believe that a person driving a commercial
3882	motor vehicle has any alcohol, chemical substance, or controlled
3883	substance in his or her body.
3884	(d)  The administration of one test under paragraph (a),
3885	paragraph (b), or paragraph (c) shall not preclude the
3886	administration of a different test under paragraph (a),
3887	paragraph (b), or paragraph (c). However, a urine test may not
3888	be used to determine alcohol concentration and a breath test may
3889	not be used to determine the presence of controlled substances
3890	or chemical substances in a person's body. Notwithstanding the
3891	provisions of this paragraph, in the event a Florida licensee
3892	has been convicted in another state for an offense substantially
3893	similar to s. 316.193 or to s. 322.62, which conviction was
3894	based upon evidence of test results prohibited by this
3895	paragraph, that out-of-state conviction shall constitute a
3896	conviction for the purposes of this chapter.
3897	(6)  Notwithstanding any provision of law pertaining to the
3898	confidentiality of hospital records or other medical records,
3899	information relating to the alcohol content of a person's blood
3900	or the presence of chemical substances or controlled substances
3901	in a person's blood obtained pursuant to this section shall be
3902	released to a court, prosecuting attorney, defense attorney, or
3903	law enforcement officer in connection with an alleged violation
3904	of s. 316.193 or s. 322.62 upon request for such information.
3905	Section 80.  For the purpose of incorporating the amendment
3906	made by this act to section 316.193, Florida Statutes, in
3907	references thereto, subsections (1) and (2), paragraph (a) of
3908	subsection (7), paragraph (b) of subsection (8), and subsections
3909	(14) and (15) of section 322.64, Florida Statutes, are reenacted
3910	to read:
3911	322.64  Holder of commercial driver's license; driving with
3912	unlawful blood-alcohol level; refusal to submit to breath,
3913	urine, or blood test.--
3914	(1)(a)  A law enforcement officer or correctional officer
3915	shall, on behalf of the department, disqualify from operating
3916	any commercial motor vehicle a person who while operating or in
3917	actual physical control of a commercial motor vehicle is
3918	arrested for a violation of s. 316.193, relating to unlawful
3919	blood-alcohol level or breath-alcohol level, or a person who has
3920	refused to submit to a breath, urine, or blood test authorized
3921	by s. 322.63 arising out of the operation or actual physical
3922	control of a commercial motor vehicle. Upon disqualification of
3923	the person, the officer shall take the person's driver's license
3924	and issue the person a 10-day temporary permit for the operation
3925	of noncommercial vehicles only if the person is otherwise
3926	eligible for the driving privilege and shall issue the person a
3927	notice of disqualification. If the person has been given a
3928	blood, breath, or urine test, the results of which are not
3929	available to the officer at the time of the arrest, the agency
3930	employing the officer shall transmit such results to the
3931	department within 5 days after receipt of the results. If the
3932	department then determines that the person was arrested for a
3933	violation of s. 316.193 and that the person had a blood-alcohol
3934	level or breath-alcohol level of 0.08 or higher, the department
3935	shall disqualify the person from operating a commercial motor
3936	vehicle pursuant to subsection (3).
3937	(b)  The disqualification under paragraph (a) shall be
3938	pursuant to, and the notice of disqualification shall inform the
3939	driver of, the following:
3940	1.a.  The driver refused to submit to a lawful breath,
3941	blood, or urine test and he or she is disqualified from
3942	operating a commercial motor vehicle for a period of 1 year, for
3943	a first refusal, or permanently, if he or she has previously
3944	been disqualified as a result of a refusal to submit to such a
3945	test; or
3946	b.  The driver violated s. 316.193 by driving with an
3947	unlawful blood-alcohol level and he or she is disqualified from
3948	operating a commercial motor vehicle for a period of 6 months
3949	for a first offense or for a period of 1 year if he or she has
3950	previously been disqualified, or his or her driving privilege
3951	has been previously suspended, for a violation of s. 316.193.
3952	2.  The disqualification period for operating commercial
3953	vehicles shall commence on the date of arrest or issuance of
3954	notice of disqualification, whichever is later.
3955	3.  The driver may request a formal or informal review of
3956	the disqualification by the department within 10 days after the
3957	date of arrest or issuance of notice of disqualification,
3958	whichever is later.
3959	4.  The temporary permit issued at the time of arrest or
3960	disqualification will expire at midnight of the 10th day
3961	following the date of disqualification.
3962	5.  The driver may submit to the department any materials
3963	relevant to the arrest.
3964	(2)  Except as provided in paragraph (1)(a), the law
3965	enforcement officer shall forward to the department, within 5
3966	days after the date of the arrest or the issuance of the notice
3967	of disqualification, whichever is later, a copy of the notice of
3968	disqualification, the driver's license of the person arrested,
3969	and a report of the arrest, including, if applicable, an
3970	affidavit stating the officer's grounds for belief that the
3971	person arrested was in violation of s. 316.193; the results of
3972	any breath or blood test or an affidavit stating that a breath,
3973	blood, or urine test was requested by a law enforcement officer
3974	or correctional officer and that the person arrested refused to
3975	submit; a copy of the citation issued to the person arrested;
3976	and the officer's description of the person's field sobriety
3977	test, if any. The failure of the officer to submit materials
3978	within the 5-day period specified in this subsection or
3979	subsection (1) shall not affect the department's ability to
3980	consider any evidence submitted at or prior to the hearing. The
3981	officer may also submit a copy of a videotape of the field
3982	sobriety test or the attempt to administer such test.
3983	(7)  In a formal review hearing under subsection (6) or an
3984	informal review hearing under subsection (4), the hearing
3985	officer shall determine by a preponderance of the evidence
3986	whether sufficient cause exists to sustain, amend, or invalidate
3987	the disqualification. The scope of the review shall be limited
3988	to the following issues:
3989	(a)  If the person was disqualified from operating a
3990	commercial motor vehicle for driving with an unlawful blood-
3991	alcohol level in violation of s. 316.193:
3992	1.  Whether the arresting law enforcement officer had
3993	probable cause to believe that the person was driving or in
3994	actual physical control of a commercial motor vehicle in this
3995	state while he or she had any alcohol, chemical substances, or
3996	controlled substances in his or her body.
3997	2.  Whether the person was placed under lawful arrest for a
3998	violation of s. 316.193.
3999	3.  Whether the person had an unlawful blood-alcohol level
4000	as provided in s. 316.193.
4001	(8)  Based on the determination of the hearing officer
4002	pursuant to subsection (7) for both informal hearings under
4003	subsection (4) and formal hearings under subsection (6), the
4004	department shall:
4005	(b)  Sustain the disqualification for a period of 6 months
4006	for a violation of s. 316.193 or for a period of 1 year if the
4007	person has been previously disqualified from operating a
4008	commercial motor vehicle or his or her driving privilege has
4009	been previously suspended as a result of a violation of s.
4010	316.193. The disqualification period commences on the date of
4011	the arrest or issuance of the notice of disqualification,
4012	whichever is later.
4013	(14)  The decision of the department under this section
4014	shall not be considered in any trial for a violation of s.
4015	316.193, s. 322.61, or s. 322.62, nor shall any written
4016	statement submitted by a person in his or her request for
4017	departmental review under this section be admissible into
4018	evidence against him or her in any such trial. The disposition
4019	of any related criminal proceedings shall not affect a
4020	disqualification imposed pursuant to this section.
4021	(15)  This section does not preclude the suspension of the
4022	driving privilege pursuant to s. 322.2615. The driving privilege
4023	of a person who has been disqualified from operating a
4024	commercial motor vehicle also may be suspended for a violation
4025	of s. 316.193.
4026	Section 81.  For the purpose of incorporating the amendment
4027	made by this act to section 316.193, Florida Statutes, in a
4028	reference thereto, paragraph (f) of subsection (4) of section
4029	323.001, Florida Statutes, is reenacted to read:
4030	323.001  Wrecker operator storage facilities; vehicle
4031	holds.--
4032	(4)  The requirements for a written hold apply when the
4033	following conditions are present:
4034	(f)  The vehicle is impounded or immobilized pursuant to s.
4035	316.193 or s. 322.34; or
4036	Section 82.  For the purpose of incorporating the amendment
4037	made by this act to section 316.193, Florida Statutes, in
4038	references thereto, section 324.023, Florida Statutes, is
4039	reenacted to read:
4040	324.023  Financial responsibility for bodily injury or
4041	death.--In addition to any other financial responsibility
4042	required by law, every owner or operator of a motor vehicle that
4043	is required to be registered in this state, or that is located
4044	within this state, and who, regardless of adjudication of guilt,
4045	has been found guilty of or entered a plea of guilty or nolo
4046	contendere to a charge of driving under the influence under s.
4047	316.193 after October 1, 2007, shall, by one of the methods
4048	established in s. 324.031(1), (2), or (3), establish and
4049	maintain the ability to respond in damages for liability on
4050	account of accidents arising out of the use of a motor vehicle
4051	in the amount of $100,000 because of bodily injury to, or death
4052	of, one person in any one crash and, subject to such limits for
4053	one person, in the amount of $300,000 because of bodily injury
4054	to, or death of, two or more persons in any one crash and in the
4055	amount of $50,000 because of property damage in any one crash.
4056	If the owner or operator chooses to establish and maintain such
4057	ability by posting a bond or furnishing a certificate of deposit
4058	pursuant to s. 324.031(2) or (3), such bond or certificate of
4059	deposit must be in an amount not less than $350,000. Such higher
4060	limits must be carried for a minimum period of 3 years. If the
4061	owner or operator has not been convicted of driving under the
4062	influence or a felony traffic offense for a period of 3 years
4063	from the date of reinstatement of driving privileges for a
4064	violation of s. 316.193, the owner or operator shall be exempt
4065	from this section.
4066	Section 83.  For the purpose of incorporating the amendment
4067	made by this act to section 316.193, Florida Statutes, in a
4068	reference thereto, section 324.131, Florida Statutes, is
4069	reenacted to read:
4070	324.131  Period of suspension.--Such license, registration
4071	and nonresident's operating privilege shall remain so suspended
4072	and shall not be renewed, nor shall any such license or
4073	registration be thereafter issued in the name of such person,
4074	including any such person not previously licensed, unless and
4075	until every such judgment is stayed, satisfied in full or to the
4076	extent of the limits stated in s. 324.021(7) and until the said
4077	person gives proof of financial responsibility as provided in s.
4078	324.031, such proof to be maintained for 3 years. In addition,
4079	if the person's license or registration has been suspended or
4080	revoked due to a violation of s. 316.193 or pursuant to s.
4081	322.26(2), that person shall maintain noncancelable liability
4082	coverage for each motor vehicle registered in his or her name,
4083	as described in s. 627.7275(2), and must present proof that
4084	coverage is in force on a form adopted by the Department of
4085	Highway Safety and Motor Vehicles, such proof to be maintained
4086	for 3 years.
4087	Section 84.  For the purpose of incorporating the amendment
4088	made by this act to section 316.193, Florida Statutes, in a
4089	reference thereto, subsection (6) of section 327.35, Florida
4090	Statutes, is reenacted to read:
4091	327.35  Boating under the influence; penalties; "designated
4092	drivers".--
4093	(6)  With respect to any person convicted of a violation of
4094	subsection (1), regardless of any other penalty imposed:
4095	(a)  For the first conviction, the court shall place the
4096	defendant on probation for a period not to exceed 1 year and, as
4097	a condition of such probation, shall order the defendant to
4098	participate in public service or a community work project for a
4099	minimum of 50 hours. The court must also, as a condition of
4100	probation, order the impoundment or immobilization of the vessel
4101	that was operated by or in the actual control of the defendant
4102	or any one vehicle registered in the defendant's name at the
4103	time of impoundment or immobilization, for a period of 10 days
4104	or for the unexpired term of any lease or rental agreement that
4105	expires within 10 days. The impoundment or immobilization must
4106	not occur concurrently with the incarceration of the defendant.
4107	The impoundment or immobilization order may be dismissed in
4108	accordance with paragraph (e) or paragraph (f). The total period
4109	of probation and incarceration may not exceed 1 year.
4110	(b)  For the second conviction for an offense that occurs
4111	within a period of 5 years after the date of a prior conviction
4112	for violation of this section, the court shall order
4113	imprisonment for not less than 10 days. The court must also, as
4114	a condition of probation, order the impoundment or
4115	immobilization of the vessel that was operated by or in the
4116	actual control of the defendant or any one vehicle registered in
4117	the defendant's name at the time of impoundment or
4118	immobilization, for a period of 30 days or for the unexpired
4119	term of any lease or rental agreement that expires within 30
4120	days. The impoundment or immobilization must not occur
4121	concurrently with the incarceration of the defendant. The
4122	impoundment or immobilization order may be dismissed in
4123	accordance with paragraph (e) or paragraph (f). At least 48
4124	hours of confinement must be consecutive.
4125	(c)  For the third or subsequent conviction for an offense
4126	that occurs within a period of 10 years after the date of a
4127	prior conviction for violation of this section, the court shall
4128	order imprisonment for not less than 30 days. The court must
4129	also, as a condition of probation, order the impoundment or
4130	immobilization of the vessel that was operated by or in the
4131	actual control of the defendant or any one vehicle registered in
4132	the defendant's name at the time of impoundment or
4133	immobilization, for a period of 90 days or for the unexpired
4134	term of any lease or rental agreement that expires within 90
4135	days. The impoundment or immobilization must not occur
4136	concurrently with the incarceration of the defendant. The
4137	impoundment or immobilization order may be dismissed in
4138	accordance with paragraph (e) or paragraph (f). At least 48
4139	hours of confinement must be consecutive.
4140	(d)  The court must at the time of sentencing the defendant
4141	issue an order for the impoundment or immobilization of a
4142	vessel. Within 7 business days after the date that the court
4143	issues the order of impoundment, and once again 30 business days
4144	before the actual impoundment or immobilization of the vessel,
4145	the clerk of the court must send notice by certified mail,
4146	return receipt requested, to the registered owner of each
4147	vessel, if the registered owner is a person other than the
4148	defendant, and to each person of record claiming a lien against
4149	the vessel.
4150	(e)  A person who owns but was not operating the vessel
4151	when the offense occurred may submit to the court a police
4152	report indicating that the vessel was stolen at the time of the
4153	offense or documentation of having purchased the vessel after
4154	the offense was committed from an entity other than the
4155	defendant or the defendant's agent. If the court finds that the
4156	vessel was stolen or that the sale was not made to circumvent
4157	the order and allow the defendant continued access to the
4158	vessel, the order must be dismissed and the owner of the vessel
4159	will incur no costs. If the court denies the request to dismiss
4160	the order of impoundment or immobilization, the petitioner may
4161	request an evidentiary hearing.
4162	(f)  A person who owns but was not operating the vessel
4163	when the offense occurred, and whose vessel was stolen or who
4164	purchased the vessel after the offense was committed directly
4165	from the defendant or the defendant's agent, may request an
4166	evidentiary hearing to determine whether the impoundment or
4167	immobilization should occur. If the court finds that either the
4168	vessel was stolen or the purchase was made without knowledge of
4169	the offense, that the purchaser had no relationship to the
4170	defendant other than through the transaction, and that such
4171	purchase would not circumvent the order and allow the defendant
4172	continued access to the vessel, the order must be dismissed and
4173	the owner of the vessel will incur no costs.
4174	(g)  All costs and fees for the impoundment or
4175	immobilization, including the cost of notification, must be paid
4176	by the owner of the vessel or, if the vessel is leased or
4177	rented, by the person leasing or renting the vessel, unless the
4178	impoundment or immobilization order is dismissed.
4179	(h)  The person who owns a vessel that is impounded or
4180	immobilized under this paragraph, or a person who has a lien of
4181	record against such a vessel and who has not requested a review
4182	of the impoundment pursuant to paragraph (e) or paragraph (f),
4183	may, within 10 days after the date that person has knowledge of
4184	the location of the vessel, file a complaint in the county in
4185	which the owner resides to determine whether the vessel was
4186	wrongfully taken or withheld from the owner or lienholder. Upon
4187	the filing of a complaint, the owner or lienholder may have the
4188	vessel released by posting with the court a bond or other
4189	adequate security equal to the amount of the costs and fees for
4190	impoundment or immobilization, including towing or storage, to
4191	ensure the payment of the costs and fees if the owner or
4192	lienholder does not prevail. When the bond is posted and the fee
4193	is paid as set forth in s. 28.24, the clerk of the court shall
4194	issue a certificate releasing the vessel. At the time of
4195	release, after reasonable inspection, the owner or lienholder
4196	must give a receipt to the towing or storage company indicating
4197	any loss or damage to the vessel or to the contents of the
4198	vessel.
4199	(i)  A defendant, in the court's discretion, may be
4200	required to serve all or any portion of a term of imprisonment
4201	to which the defendant has been sentenced pursuant to this
4202	section in a residential alcoholism treatment program or a
4203	residential drug abuse treatment program. Any time spent in such
4204	a program must be credited by the court toward the term of
4205	imprisonment.
4206
4207	For the purposes of this section, any conviction for a violation
4208	of s. 316.193, a previous conviction for the violation of former
4209	s. 316.1931, former s. 860.01, or former s. 316.028, or a
4210	previous conviction outside this state for driving under the
4211	influence, driving while intoxicated, driving with an unlawful
4212	blood-alcohol level, driving with an unlawful breath-alcohol
4213	level, or any other similar alcohol-related or drug-related
4214	traffic offense, is also considered a previous conviction for
4215	violation of this section.
4216	Section 85.  For the purpose of incorporating the amendment
4217	made by this act to section 316.193, Florida Statutes, in a
4218	reference thereto, subsection (1) of section 337.195, Florida
4219	Statutes, is reenacted to read:
4220	337.195  Limits on liability.--
4221	(1)  In a civil action for the death of or injury to a
4222	person, or for damage to property, against the Department of
4223	Transportation or its agents, consultants, or contractors for
4224	work performed on a highway, road, street, bridge, or other
4225	transportation facility when the death, injury, or damage
4226	resulted from a motor vehicle crash within a construction zone
4227	in which the driver of one of the vehicles was under the
4228	influence of alcoholic beverages as set forth in s. 316.193,
4229	under the influence of any chemical substance as set forth in s.
4230	877.111, or illegally under the influence of any substance
4231	controlled under chapter 893 to the extent that her or his
4232	normal faculties were impaired or that she or he operated a
4233	vehicle recklessly as defined in s. 316.192, it is presumed that
4234	the driver's operation of the vehicle was the sole proximate
4235	cause of her or his own death, injury, or damage. This
4236	presumption can be overcome if the gross negligence or
4237	intentional misconduct of the Department of Transportation, or
4238	of its agents, consultants, or contractors, was a proximate
4239	cause of the driver's death, injury, or damage.
4240	Section 86.  For the purpose of incorporating the amendment
4241	made by this act to section 316.193, Florida Statutes, in a
4242	reference thereto, paragraph (c) of subsection (17) of section
4243	440.02, Florida Statutes, is reenacted to read:
4244	440.02  Definitions.--When used in this chapter, unless the
4245	context clearly requires otherwise, the following terms shall
4246	have the following meanings:
4247	(17)
4248	(c)  "Employment" does not include service performed by or
4249	as:
4250	1.  Domestic servants in private homes.
4251	2.  Agricultural labor performed on a farm in the employ of
4252	a bona fide farmer, or association of farmers, that employs 5 or
4253	fewer regular employees and that employs fewer than 12 other
4254	employees at one time for seasonal agricultural labor that is
4255	completed in less than 30 days, provided such seasonal
4256	employment does not exceed 45 days in the same calendar year.
4257	The term "farm" includes stock, dairy, poultry, fruit, fur-
4258	bearing animals, fish, and truck farms, ranches, nurseries, and
4259	orchards. The term "agricultural labor" includes field foremen,
4260	timekeepers, checkers, and other farm labor supervisory
4261	personnel.
4262	3.  Professional athletes, such as professional boxers,
4263	wrestlers, baseball, football, basketball, hockey, polo, tennis,
4264	jai alai, and similar players, and motorsports teams competing
4265	in a motor racing event as defined in s. 549.08.
4266	4.  Labor under a sentence of a court to perform community
4267	services as provided in s. 316.193.
4268	5.  State prisoners or county inmates, except those
4269	performing services for private employers or those enumerated in
4270	s. 948.036(1).
4271	Section 87.  For the purpose of incorporating the amendment
4272	made by this act to section 316.193, Florida Statutes, in a
4273	reference thereto, paragraph (b) of subsection (7) of section
4274	440.09, Florida Statutes, is reenacted to read:
4275	440.09  Coverage.--
4276	(7)
4277	(b)  If the employee has, at the time of the injury, a
4278	blood alcohol level equal to or greater than the level specified
4279	in s. 316.193, or if the employee has a positive confirmation of
4280	a drug as defined in this act, it is presumed that the injury
4281	was occasioned primarily by the intoxication of, or by the
4282	influence of the drug upon, the employee. If the employer has
4283	implemented a drug-free workplace, this presumption may be
4284	rebutted only by evidence that there is no reasonable hypothesis
4285	that the intoxication or drug influence contributed to the
4286	injury. In the absence of a drug-free workplace program, this
4287	presumption may be rebutted by clear and convincing evidence
4288	that the intoxication or influence of the drug did not
4289	contribute to the injury. Percent by weight of alcohol in the
4290	blood must be based upon grams of alcohol per 100 milliliters of
4291	blood. If the results are positive, the testing facility must
4292	maintain the specimen for a minimum of 90 days. Blood serum may
4293	be used for testing purposes under this chapter; however, if
4294	this test is used, the presumptions under this section do not
4295	arise unless the blood alcohol level is proved to be medically
4296	and scientifically equivalent to or greater than the comparable
4297	blood alcohol level that would have been obtained if the test
4298	were based on percent by weight of alcohol in the blood.
4299	However, if, before the accident, the employer had actual
4300	knowledge of and expressly acquiesced in the employee's presence
4301	at the workplace while under the influence of such alcohol or
4302	drug, the presumptions specified in this subsection do not
4303	apply.
4304	Section 88.  For the purpose of incorporating the amendment
4305	made by this act to section 316.193, Florida Statutes, in a
4306	reference thereto, paragraph (d) of subsection (1) of section
4307	493.6106, Florida Statutes, is reenacted to read:
4308	493.6106  License requirements; posting.--
4309	(1)  Each individual licensed by the department must:
4310	(d)  Not be a chronic and habitual user of alcoholic
4311	beverages to the extent that her or his normal faculties are
4312	impaired; not have been committed under chapter 397, former
4313	chapter 396, or a similar law in any other state; not have been
4314	found to be a habitual offender under s. 856.011(3) or a similar
4315	law in any other state; and not have had two or more convictions
4316	under s. 316.193 or a similar law in any other state within the
4317	3-year period immediately preceding the date the application was
4318	filed, unless the individual establishes that she or he is not
4319	currently impaired and has successfully completed a
4320	rehabilitation course.
4321	Section 89.  For the purpose of incorporating the amendment
4322	made by this act to section 316.193, Florida Statutes, in a
4323	reference thereto, paragraph (a) of subsection (2) of section
4324	627.7275, Florida Statutes, is reenacted to read:
4325	627.7275  Motor vehicle liability.--
4326	(2)(a)  Insurers writing motor vehicle insurance in this
4327	state shall make available, subject to the insurers' usual
4328	underwriting restrictions:
4329	1.  Coverage under policies as described in subsection (1)
4330	to any applicant for private passenger motor vehicle insurance
4331	coverage who is seeking the coverage in order to reinstate the
4332	applicant's driving privileges in this state when the driving
4333	privileges were revoked or suspended pursuant to s. 316.646 or
4334	s. 324.0221 due to the failure of the applicant to maintain
4335	required security.
4336	2.  Coverage under policies as described in subsection (1),
4337	which also provides liability coverage for bodily injury, death,
4338	and property damage arising out of the ownership, maintenance,
4339	or use of the motor vehicle in an amount not less than the
4340	limits described in s. 324.021(7) and conforms to the
4341	requirements of s. 324.151, to any applicant for private
4342	passenger motor vehicle insurance coverage who is seeking the
4343	coverage in order to reinstate the applicant's driving
4344	privileges in this state after such privileges were revoked or
4345	suspended under s. 316.193 or s. 322.26(2) for driving under the
4346	influence.
4347	Section 90.  For the purpose of incorporating the amendment
4348	made by this act to section 316.193, Florida Statutes, in a
4349	reference thereto, subsection (4) of section 627.758, Florida
4350	Statutes, is reenacted to read:
4351	627.758  Surety on auto club traffic arrest bond;
4352	conditions, limit; bail bond.--
4353	(4)  Notwithstanding the provisions of s. 626.311 or
4354	chapter 648, any surety insurer identified in a guaranteed
4355	traffic arrest bond certificate or any licensed general lines
4356	agent of the surety insurer may execute a bail bond for the
4357	automobile club or association member identified in the
4358	guaranteed traffic arrest bond certificate in an amount not in
4359	excess of $5,000 for any violation of chapter 316 or any similar
4360	traffic law or ordinance except for driving under the influence
4361	of alcoholic beverages, chemical substances, or controlled
4362	substances, as prohibited by s. 316.193.
4363	Section 91.  For the purpose of incorporating the amendment
4364	made by this act to section 316.193, Florida Statutes, in
4365	references thereto, paragraph (f) of subsection (2) and
4366	paragraph (f) of subsection (10) of section 790.06, Florida
4367	Statutes, are reenacted to read:
4368	790.06  License to carry concealed weapon or firearm.--
4369	(2)  The Department of Agriculture and Consumer Services
4370	shall issue a license if the applicant:
4371	(f)  Does not chronically and habitually use alcoholic
4372	beverages or other substances to the extent that his or her
4373	normal faculties are impaired. It shall be presumed that an
4374	applicant chronically and habitually uses alcoholic beverages or
4375	other substances to the extent that his or her normal faculties
4376	are impaired if the applicant has been committed under chapter
4377	397 or under the provisions of former chapter 396 or has been
4378	convicted under s. 790.151 or has been deemed a habitual
4379	offender under s. 856.011(3), or has had two or more convictions
4380	under s. 316.193 or similar laws of any other state, within the
4381	3-year period immediately preceding the date on which the
4382	application is submitted;
4383	(10)  A license issued under this section shall be
4384	suspended or revoked pursuant to chapter 120 if the licensee:
4385	(f)  Is convicted of a second violation of s. 316.193, or a
4386	similar law of another state, within 3 years of a previous
4387	conviction of such section, or similar law of another state,
4388	even though the first violation may have occurred prior to the
4389	date on which the application was submitted;
4390	Section 92.  For the purpose of incorporating the amendment
4391	made by this act to section 316.193, Florida Statutes, in a
4392	reference thereto, subsection (2) of section 903.36, Florida
4393	Statutes, is reenacted to read:
4394	903.36  Guaranteed arrest bond certificates as cash bail.--
4395	(2)  The execution of a bail bond by a licensed general
4396	lines agent of a surety insurer for the automobile club or
4397	association member identified in the guaranteed traffic arrest
4398	bond certificate, as provided in s. 627.758(4), shall be
4399	accepted as bail in an amount not to exceed $5,000 for the
4400	appearance of the person named in the certificate in any court
4401	to answer for the violation of a provision of chapter 316 or a
4402	similar traffic law or ordinance, except driving under the
4403	influence of alcoholic beverages, chemical substances, or
4404	controlled substances, as prohibited by s. 316.193. Presentation
4405	of the guaranteed traffic arrest bond certificate and a power of
4406	attorney from the surety insurer for its licensed general lines
4407	agents is authorization for such agent to execute the bail bond.
4408	Section 93.  For the purpose of incorporating the amendment
4409	made by this act to section 316.193, Florida Statutes, in
4410	references thereto, paragraph (c) of subsection (4) of section
4411	907.041, Florida Statutes, is reenacted to read:
4412	907.041  Pretrial detention and release.--
4413	(4)  PRETRIAL DETENTION.--
4414	(c)  The court may order pretrial detention if it finds a
4415	substantial probability, based on a defendant's past and present
4416	patterns of behavior, the criteria in s. 903.046, and any other
4417	relevant facts, that any of the following circumstances exists:
4418	1.  The defendant has previously violated conditions of
4419	release and that no further conditions of release are reasonably
4420	likely to assure the defendant's appearance at subsequent
4421	proceedings;
4422	2.  The defendant, with the intent to obstruct the judicial
4423	process, has threatened, intimidated, or injured any victim,
4424	potential witness, juror, or judicial officer, or has attempted
4425	or conspired to do so, and that no condition of release will
4426	reasonably prevent the obstruction of the judicial process;
4427	3.  The defendant is charged with trafficking in controlled
4428	substances as defined by s. 893.135, that there is a substantial
4429	probability that the defendant has committed the offense, and
4430	that no conditions of release will reasonably assure the
4431	defendant's appearance at subsequent criminal proceedings; or
4432	4.  The defendant is charged with DUI manslaughter, as
4433	defined by s. 316.193, and that there is a substantial
4434	probability that the defendant committed the crime and that the
4435	defendant poses a threat of harm to the community; conditions
4436	that would support a finding by the court pursuant to this
4437	subparagraph that the defendant poses a threat of harm to the
4438	community include, but are not limited to, any of the following:
4439	a.  The defendant has previously been convicted of any
4440	crime under s. 316.193, or of any crime in any other state or
4441	territory of the United States that is substantially similar to
4442	any crime under s. 316.193;
4443	b.  The defendant was driving with a suspended driver's
4444	license when the charged crime was committed; or
4445	c.  The defendant has previously been found guilty of, or
4446	has had adjudication of guilt withheld for, driving while the
4447	defendant's driver's license was suspended or revoked in
4448	violation of s. 322.34;
4449	5.  The defendant poses the threat of harm to the
4450	community. The court may so conclude, if it finds that the
4451	defendant is presently charged with a dangerous crime, that
4452	there is a substantial probability that the defendant committed
4453	such crime, that the factual circumstances of the crime indicate
4454	a disregard for the safety of the community, and that there are
4455	no conditions of release reasonably sufficient to protect the
4456	community from the risk of physical harm to persons.
4457	6.  The defendant was on probation, parole, or other
4458	release pending completion of sentence or on pretrial release
4459	for a dangerous crime at the time the current offense was
4460	committed; or
4461	7.  The defendant has violated one or more conditions of
4462	pretrial release or bond for the offense currently before the
4463	court and the violation, in the discretion of the court,
4464	supports a finding that no conditions of release can reasonably
4465	protect the community from risk of physical harm to persons or
4466	assure the presence of the accused at trial.
4467	Section 94.  Except as otherwise expressly provided in this
4468	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.