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. 316.302, F.S.; revising
52	references to rules, regulations, and criteria governing
53	commercial motor vehicles engaged in intrastate commerce;
54	providing that the department performs duties assigned to
55	the Field Administrator of the Federal Motor Carrier
56	Safety Administration under the federal rules and may
57	enforce those rules; amending ss. 316.613 and 316.614,
58	F.S.; revising the definition of "motor vehicle" for
59	purposes of child restraint and safety belt usage
60	requirements; amending s. 316.656, F.S.; revising the
61	prohibition against a judge accepting a plea to a lesser
62	offense from a person charged under certain DUI
63	provisions; revising the blood-alcohol or breath-alcohol
64	level at which the prohibition applies; amending s.
65	322.64, F.S.; providing that refusal to submit to a
66	breath, urine, or blood test disqualifies a person from
67	operating a commercial motor vehicle; providing a period
68	of disqualification if a person has an unlawful blood-
69	alcohol or breath-alcohol level; providing for issuance of
70	a notice of disqualification; revising the requirements
71	for a formal review hearing following a person's
72	disqualification from operating a commercial motor
73	vehicle; providing that a county, municipality, or special
74	district may not own or operate an asphalt plant or a
75	portable or stationary concrete batch plant having an
76	independent mixer; provides exemptions; amending s.
77	337.0261, F.S.; revising the sunset date for the Strategic
78	Aggregate Review Task Force; amending s. 337.11, F.S.;
79	establishing a goal for the procurement of design-build
80	contracts; amending ss. 337.14 and 337.16, F.S.;
81	conforming cross-references; amending s. 337.18, F.S.;
82	requiring the contractor to maintain a copy of the
83	required payment and performance bond at certain locations
84	and provide a copy upon request; providing that a copy may
85	be obtained directly from the department; removing a
86	provision requiring a copy be recorded in the public
87	records of the county; amending s. 337.185, F.S.;
88	providing for the State Arbitration Board to arbitrate
89	certain claims relating to maintenance contracts;
90	providing for a member of the board to be elected by
91	maintenance companies as well as construction companies;
92	amending s. 337.403, F.S.; providing for the department or
93	local governmental entity to pay certain costs of removal
94	or relocation of a utility facility that is found to be
95	interfering with the use, maintenance, improvement,
96	extension, or expansion of a public road or publicly owned
97	rail corridor under described circumstances; amending s.
98	337.408, F.S.; providing for public pay telephones and
99	advertising thereon to be installed within the right-of-
100	way limits of any municipal, county, or state road;
101	amending s. 338.01, F.S.; requiring new and replacement
102	electronic toll collection systems to be interoperable
103	with the department's system; amending s. 338.165, F.S.;
104	providing that provisions requiring the continuation of
105	tolls following the discharge of bond indebtedness does
106	not apply to high-occupancy toll lanes or express lanes;
107	creating s. 338.166, F.S.; authorizing the department to
108	request that bonds be issued which are secured by toll
109	revenues from high-occupancy toll or express lanes in a
110	specified location; providing for the department to
111	continue to collect tolls after discharge of indebtedness;
112	authorizing the use of excess toll revenues for
113	improvements to the State Highway System; authorizing the
114	implementation of variable rate tolls on high-occupancy
115	toll lanes or express lanes; amending s. 338.2216, F.S.;
116	directing the Florida Turnpike Enterprise to implement new
117	technologies and processes in its operations and
118	collection of tolls and other amounts; providing contract
119	bid requirements for fuel and food on the turnpike system;
120	amending s. 338.223, F.S.; conforming a cross-reference;
121	amending s. 338.231, F.S.; revising provisions for
122	establishing and collecting tolls; authorizing collection
123	of amounts to cover costs of toll collection and payment
124	methods; requiring public notice and hearing; amending s.
125	339.12, F.S.; revising requirements for aid and
126	contributions by governmental entities for transportation
127	projects; revising limits under which the department may
128	enter into an agreement with a county for a project or
129	project phase not in the adopted work program; authorizing
130	the department to enter into certain long-term repayment
131	agreements; amending s. 339.135, F.S.; revising certain
132	notice provisions that require the Department of
133	Transportation to notify local governments regarding
134	amendments to an adopted 5-year work program; amending s.
135	339.155, F.S.; revising provisions for development of the
136	Florida Transportation Plan; amending s. 339.2816, F.S.,
137	relating to the small county road assistance program;
138	providing for resumption of certain funding for the
139	program; revising the criteria for counties eligible to
140	participate in the program; amending ss. 339.2819 and
141	339.285, F.S.; conforming cross-references; amending s.
142	341.301, F.S.; providing definitions relating to commuter
143	rail service, rail corridors, and railroad operation for
144	purposes of the rail program within the department;
145	amending s. 341.302, F.S.; authorizing the department to
146	purchase specified property for the purpose of
147	implementing commuter rail service; authorizing the
148	department to assume certain liability on a rail corridor;
149	authorizing the department to indemnify and hold harmless
150	a railroad company when the department acquires a rail
151	corridor from the company; providing allocation of risk;
152	providing a specific cap on the amount of the contractual
153	duty for such indemnification; authorizing the department
154	to purchase and provide insurance in relation to rail
155	corridors; authorizing marketing and promotional expenses;
156	extending provisions to other governmental entities
157	providing commuter rail service on public right-of-way;
158	creating s. 341.3023, F.S.; requiring the department to
159	review and study commuter rail programs and intercity rail
160	transportation systems; requiring a report to the Governor
161	and the Legislature; repealing part III of ch. 343 F.S.;
162	abolishing the Tampa Bay Commuter Transit Authority;
163	amending s. 348.0003, F.S.; providing for financial
164	disclosure for expressway, transportation, bridge, and
165	toll authorities; amending s. 348.0004, F.S.; providing
166	for certain expressway authorities to index toll rate
167	increases; amending s. 479.01, F.S.; revising provisions
168	for outdoor advertising; revising the definition of the
169	term "automatic changeable facing"; amending s. 479.07,
170	F.S.; revising a prohibition against signs on the State
171	Highway System; revising requirements for display of the
172	sign permit tag; directing the department to establish by
173	rule a fee for furnishing a replacement permit tag;
174	revising the pilot project for permitted signs to include
175	Hillsborough County and areas within the boundaries of the
176	City of Miami; amending s. 479.08, F.S.; revising
177	provisions for denial or revocation of a sign permit;
178	amending s. 479.156, F.S.; revising provisions for a
179	municipality or county to permit and regulate wall
180	murals;amending s. 479.261, F.S.; revising requirements
181	for the logo sign program of the interstate highway
182	system; deleting provisions providing for permits to be
183	awarded to the highest bidders; requiring the department
184	to implement a rotation-based logo program; requiring the
185	department to adopt rules that set reasonable rates based
186	on certain factors for annual permit fees; requiring that
187	such fees not exceed a certain amount for sign locations
188	inside and outside an urban area; creating a business
189	partnership pilot program; authorizing the Palm Beach
190	County School District to display names of business
191	partners on district property in unincorporated areas;
192	exempting the program from specified provisions; amending
193	s. 768.28, F.S.; expanding the list of entities considered
194	agents of the state; providing for construction in
195	relation to certain federal laws; requiring the department
196	to ensure certain providers of railroad related services
197	meet certain requirements; requiring the department to
198	conduct a study of transportation alternatives for the
199	Interstate 95 corridor; requiring a report to the Governor
200	and the Legislature; authorizing the expenditure of public
201	funds for certain alterations of Old Cutler Road in the
202	Village of Palmetto Bay; requiring the official approval
203	of the Department of State before any alterations may
204	begin; reenacting ss. 316.066(3)(a), 316.072(4)(b),
205	316.1932(3), 316.1933(4), 316.1937(1) and (2)(d),
206	316.1939(1)(b), 316.656(1), 318.143(4) and (5), 318.17(3),
207	320.055(1)(c), 322.03(2), 322.0602(2)(a), 322.21(8),
208	322.25(5), 322.26(1)(a), 322.2615(14)(a) and (16),
209	322.2616(15) and (19), 322.264(1)(b), 322.271(2)(a), (c)
210	and (4), 322.2715(2), (3)(a), (c), and (4), 322.28(2),
211	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
212	322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
213	(14), and (15), 323.001(4)(f), 324.023, 324.131,
214	327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
215	493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
216	and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
217	to written reports of crashes, obedience to and effect of
218	traffic laws, tests for alcohol, chemical substances, or
219	controlled substances, implied consent, refusal, blood
220	test for impairment or intoxication in cases of death or
221	serious bodily injury, right to use reasonable force,
222	ignition interlock devices, requiring, unlawful acts,
223	refusal to submit to testing, penalties, mandatory
224	adjudication, prohibition against accepting plea to lesser
225	included offense, sanctions for infractions by minors,
226	offenses excepted, registration periods, renewal periods,
227	drivers must be licensed, penalties, youthful drunk driver
228	visitation program, license fees, procedure for handling
229	and collecting fees, when court to forward license to
230	department and report convictions, temporary reinstatement
231	of driving privileges, mandatory revocation of license by
232	department, suspension of license, right to review,
233	suspension of license, persons under 21 years of age,
234	right to review, "habitual traffic offender" defined,
235	authority to modify revocation, cancellation, or
236	suspension order, ignition interlock device, period of
237	suspension or revocation, procedure when court revokes or
238	suspends license or driving privilege and orders
239	reinstatement, driver improvement schools or dui programs,
240	required in certain suspension and revocation cases,
241	driving while license suspended, revoked, canceled, or
242	disqualified, driving under the influence, commercial
243	motor vehicle operators, alcohol or drug testing,
244	commercial motor vehicle operators, holder of commercial
245	driver's license, driving with unlawful blood-alcohol
246	level, refusal to submit to breath, urine, or blood test,
247	wrecker operator storage facilities, vehicle holds,
248	financial responsibility for bodily injury or death,
249	period of suspension, boating under the influence,
250	penalties, "designated drivers," limits on liability,
251	definitions, coverage, license requirements, posting,
252	motor vehicle liability, surety on auto club traffic
253	arrest bond, conditions, limit, bail bond, license to
254	carry concealed weapon or firearm, guaranteed arrest bond
255	certificates as cash bail, and pretrial detention and
256	release, to incorporate references in changes made by the
257	act; amending s. 120.52, F.S.; revising a definition;
258	providing effective dates.
259
260	Be It Enacted by the Legislature of the State of Florida:
261
262	Section 1.  Paragraph (h) of subsection (2) of section
263	20.23, Florida Statutes, is amended to read:
264	20.23  Department of Transportation.--There is created a
265	Department of Transportation which shall be a decentralized
266	agency.
267	(2)
268	(h)  The commission shall appoint an executive director and
269	assistant executive director, who shall serve under the
270	direction, supervision, and control of the commission. The
271	executive director, with the consent of the commission, shall
272	employ such staff as are necessary to perform adequately the
273	functions of the commission, within budgetary limitations. All
274	employees of the commission are exempt from part II of chapter
275	110 and shall serve at the pleasure of the commission. The
276	salary and benefits of the executive director shall be set in
277	accordance with the Senior Management Service. The salaries and
278	benefits of all other employees of the commission shall be set
279	in accordance with the Selected Exempt Service; provided,
280	however, that the commission has shall have complete authority
281	for fixing the salary of the executive director and assistant
282	executive director.
283	Section 2.  Subsection (5) of section 125.42, Florida
284	Statutes, is amended to read:
285	125.42  Water, sewage, gas, power, telephone, other
286	utility, and television lines along county roads and highways.--
287	(5)  In the event of widening, repair, or reconstruction of
288	any such road, the licensee shall move or remove such water,
289	sewage, gas, power, telephone, and other utility lines and
290	television lines at no cost to the county except as provided in
291	s. 337.403(1)(e).
292	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
293	of section 163.3177, Florida Statutes, are amended to read:
294	163.3177  Required and optional elements of comprehensive
295	plan; studies and surveys.--
296	(6)  In addition to the requirements of subsections (1)-(5)
297	and (12), the comprehensive plan shall include the following
298	elements:
299	(a)  A future land use plan element designating proposed
300	future general distribution, location, and extent of the uses of
301	land for residential uses, commercial uses, industry,
302	agriculture, recreation, conservation, education, public
303	buildings and grounds, other public facilities, and other
304	categories of the public and private uses of land. Counties are
305	encouraged to designate rural land stewardship areas, pursuant
306	to the provisions of paragraph (11)(d), as overlays on the
307	future land use map. Each future land use category must be
308	defined in terms of uses included, and must include standards to
309	be followed in the control and distribution of population
310	densities and building and structure intensities. The proposed
311	distribution, location, and extent of the various categories of
312	land use shall be shown on a land use map or map series which
313	shall be supplemented by goals, policies, and measurable
314	objectives. The future land use plan shall be based upon
315	surveys, studies, and data regarding the area, including the
316	amount of land required to accommodate anticipated growth; the
317	projected population of the area; the character of undeveloped
318	land; the availability of water supplies, public facilities, and
319	services; the need for redevelopment, including the renewal of
320	blighted areas and the elimination of nonconforming uses which
321	are inconsistent with the character of the community; the
322	compatibility of uses on lands adjacent to or closely proximate
323	to military installations; lands adjacent to an airport as
324	defined in s. 330.35 and consistent with provisions in s.
325	333.02; and, in rural communities, the need for job creation,
326	capital investment, and economic development that will
327	strengthen and diversify the community's economy. The future
328	land use plan may designate areas for future planned development
329	use involving combinations of types of uses for which special
330	regulations may be necessary to ensure development in accord
331	with the principles and standards of the comprehensive plan and
332	this act. The future land use plan element shall include
333	criteria to be used to achieve the compatibility of adjacent or
334	closely proximate lands with military installations; lands
335	adjacent to an airport as defined in s. 330.35 and consistent
336	with provisions in s. 333.02. In addition, for rural
337	communities, the amount of land designated for future planned
338	industrial use shall be based upon surveys and studies that
339	reflect the need for job creation, capital investment, and the
340	necessity to strengthen and diversify the local economies, and
341	shall not be limited solely by the projected population of the
342	rural community. The future land use plan of a county may also
343	designate areas for possible future municipal incorporation. The
344	land use maps or map series shall generally identify and depict
345	historic district boundaries and shall designate historically
346	significant properties meriting protection. For coastal
347	counties, the future land use element must include, without
348	limitation, regulatory incentives and criteria that encourage
349	the preservation of recreational and commercial working
350	waterfronts as defined in s. 342.07. The future land use element
351	must clearly identify the land use categories in which public
352	schools are an allowable use. When delineating the land use
353	categories in which public schools are an allowable use, a local
354	government shall include in the categories sufficient land
355	proximate to residential development to meet the projected needs
356	for schools in coordination with public school boards and may
357	establish differing criteria for schools of different type or
358	size. Each local government shall include lands contiguous to
359	existing school sites, to the maximum extent possible, within
360	the land use categories in which public schools are an allowable
361	use. The failure by a local government to comply with these
362	school siting requirements will result in the prohibition of the
363	local government's ability to amend the local comprehensive
364	plan, except for plan amendments described in s. 163.3187(1)(b),
365	until the school siting requirements are met. Amendments
366	proposed by a local government for purposes of identifying the
367	land use categories in which public schools are an allowable use
368	are exempt from the limitation on the frequency of plan
369	amendments contained in s. 163.3187. The future land use element
370	shall include criteria that encourage the location of schools
371	proximate to urban residential areas to the extent possible and
372	shall require that the local government seek to collocate public
373	facilities, such as parks, libraries, and community centers,
374	with schools to the extent possible and to encourage the use of
375	elementary schools as focal points for neighborhoods. For
376	schools serving predominantly rural counties, defined as a
377	county with a population of 100,000 or fewer, an agricultural
378	land use category shall be eligible for the location of public
379	school facilities if the local comprehensive plan contains
380	school siting criteria and the location is consistent with such
381	criteria. Local governments required to update or amend their
382	comprehensive plan to include criteria and address compatibility
383	of lands adjacent to an airport as defined in s. 330.35 and
384	consistent with provisions in s. 333.02 adjacent or closely
385	proximate lands with existing military installations in their
386	future land use plan element shall transmit the update or
387	amendment to the state land planning agency department by June
388	30, 2011 2006.
389	(h)1.  An intergovernmental coordination element showing
390	relationships and stating principles and guidelines to be used
391	in the accomplishment of coordination of the adopted
392	comprehensive plan with the plans of school boards, regional
393	water supply authorities, and other units of local government
394	providing services but not having regulatory authority over the
395	use of land, with the comprehensive plans of adjacent
396	municipalities, the county, adjacent counties, or the region,
397	with the state comprehensive plan and with the applicable
398	regional water supply plan approved pursuant to s. 373.0361, as
399	the case may require and as such adopted plans or plans in
400	preparation may exist. This element of the local comprehensive
401	plan shall demonstrate consideration of the particular effects
402	of the local plan, when adopted, upon the development of
403	adjacent municipalities, the county, adjacent counties, or the
404	region, or upon the state comprehensive plan, as the case may
405	require.
406	a.  The intergovernmental coordination element shall
407	provide for procedures to identify and implement joint planning
408	areas, especially for the purpose of annexation, municipal
409	incorporation, and joint infrastructure service areas.
410	b.  The intergovernmental coordination element shall
411	provide for recognition of campus master plans prepared pursuant
412	to s. 1013.30, and airport master plans pursuant to paragraph
413	(k).
414	c.  The intergovernmental coordination element may provide
415	for a voluntary dispute resolution process as established
416	pursuant to s. 186.509 for bringing to closure in a timely
417	manner intergovernmental disputes. A local government may
418	develop and use an alternative local dispute resolution process
419	for this purpose.
420	d.  The intergovernmental coordination element shall
421	provide for interlocal agreements, as established pursuant to s.
422	333.03(1)(b).
423	2.  The intergovernmental coordination element shall
424	further state principles and guidelines to be used in the
425	accomplishment of coordination of the adopted comprehensive plan
426	with the plans of school boards and other units of local
427	government providing facilities and services but not having
428	regulatory authority over the use of land. In addition, the
429	intergovernmental coordination element shall describe joint
430	processes for collaborative planning and decisionmaking on
431	population projections and public school siting, the location
432	and extension of public facilities subject to concurrency, and
433	siting facilities with countywide significance, including
434	locally unwanted land uses whose nature and identity are
435	established in an agreement. Within 1 year of adopting their
436	intergovernmental coordination elements, each county, all the
437	municipalities within that county, the district school board,
438	and any unit of local government service providers in that
439	county shall establish by interlocal or other formal agreement
440	executed by all affected entities, the joint processes described
441	in this subparagraph consistent with their adopted
442	intergovernmental coordination elements.
443	3.  To foster coordination between special districts and
444	local general-purpose governments as local general-purpose
445	governments implement local comprehensive plans, each
446	independent special district must submit a public facilities
447	report to the appropriate local government as required by s.
448	189.415.
449	4.a.  Local governments must execute an interlocal
450	agreement with the district school board, the county, and
451	nonexempt municipalities pursuant to s. 163.31777. The local
452	government shall amend the intergovernmental coordination
453	element to provide that coordination between the local
454	government and school board is pursuant to the agreement and
455	shall state the obligations of the local government under the
456	agreement.
457	b.  Plan amendments that comply with this subparagraph are
458	exempt from the provisions of s. 163.3187(1).
459	5.  The state land planning agency shall establish a
460	schedule for phased completion and transmittal of plan
461	amendments to implement subparagraphs 1., 2., and 3. from all
462	jurisdictions so as to accomplish their adoption by December 31,
463	1999. A local government may complete and transmit its plan
464	amendments to carry out these provisions prior to the scheduled
465	date established by the state land planning agency. The plan
466	amendments are exempt from the provisions of s. 163.3187(1).
467	6.  By January 1, 2004, any county having a population
468	greater than 100,000, and the municipalities and special
469	districts within that county, shall submit a report to the
470	Department of Community Affairs which:
471	a.  Identifies all existing or proposed interlocal service
472	delivery agreements regarding the following: education; sanitary
473	sewer; public safety; solid waste; drainage; potable water;
474	parks and recreation; and transportation facilities.
475	b.  Identifies any deficits or duplication in the provision
476	of services within its jurisdiction, whether capital or
477	operational. Upon request, the Department of Community Affairs
478	shall provide technical assistance to the local governments in
479	identifying deficits or duplication.
480	7.  Within 6 months after submission of the report, the
481	Department of Community Affairs shall, through the appropriate
482	regional planning council, coordinate a meeting of all local
483	governments within the regional planning area to discuss the
484	reports and potential strategies to remedy any identified
485	deficiencies or duplications.
486	8.  Each local government shall update its
487	intergovernmental coordination element based upon the findings
488	in the report submitted pursuant to subparagraph 6. The report
489	may be used as supporting data and analysis for the
490	intergovernmental coordination element.
491	(j)  For each unit of local government within an urbanized
492	area designated for purposes of s. 339.175, a transportation
493	element, which shall be prepared and adopted in lieu of the
494	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
495	and (d) and which shall address the following issues:
496	1.  Traffic circulation, including major thoroughfares and
497	other routes, including bicycle and pedestrian ways.
498	2.  All alternative modes of travel, such as public
499	transportation, pedestrian, and bicycle travel.
500	3.  Parking facilities.
501	4.  Aviation, rail, seaport facilities, access to those
502	facilities, and intermodal terminals.
503	5.  The availability of facilities and services to serve
504	existing land uses and the compatibility between future land use
505	and transportation elements.
506	6.  The capability to evacuate the coastal population prior
507	to an impending natural disaster.
508	7.  Airports, projected airport and aviation development,
509	and land use compatibility around airports that includes areas
510	defined in ss. 333.01 and 333.02.
511	8.  An identification of land use densities, building
512	intensities, and transportation management programs to promote
513	public transportation systems in designated public
514	transportation corridors so as to encourage population densities
515	sufficient to support such systems.
516	9.  May include transportation corridors, as defined in s.
517	334.03, intended for future transportation facilities designated
518	pursuant to s. 337.273. If transportation corridors are
519	designated, the local government may adopt a transportation
520	corridor management ordinance.
521	Section 4.  Subsection (3) of section 163.3178, Florida
522	Statutes, is amended to read:
523	163.3178  Coastal management.--
524	(3)  Expansions to port harbors, spoil disposal sites,
525	navigation channels, turning basins, harbor berths, and other
526	related inwater harbor facilities of ports listed in s.
527	403.021(9); port transportation facilities and projects listed
528	in s. 311.07(3)(b); and intermodal transportation facilities
529	identified pursuant to s. 311.09(3) and facilities determined by
530	the Department of Community Affairs and applicable general
531	purpose local government to be port-related industrial or
532	commercial projects located within 3 miles of or in a port
533	master plan area which rely upon the utilization of port and
534	intermodal transportation facilities shall not be developments
535	of regional impact where such expansions, projects, or
536	facilities are consistent with comprehensive master plans that
537	are in compliance with this section.
538	Section 5.  Paragraph (c) is added to subsection (2) of
539	section 163.3182, Florida Statutes, and paragraph (d) of
540	subsection (3), paragraph (a) of subsection (4), and subsections
541	(5) and (8) of that section are amended, to read:
542	163.3182  Transportation concurrency backlogs.--
543	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
544	AUTHORITIES.--
545	(c)  The Legislature finds and declares that there exists
546	in many counties and municipalities areas with significant
547	transportation deficiencies and inadequate transportation
548	facilities; that many such insufficiencies and inadequacies
549	severely limit or prohibit the satisfaction of transportation
550	concurrency standards; that such transportation insufficiencies
551	and inadequacies affect the health, safety, and welfare of the
552	residents of such counties and municipalities; that such
553	transportation insufficiencies and inadequacies adversely affect
554	economic development and growth of the tax base for the areas in
555	which such insufficiencies and inadequacies exist; and that the
556	elimination of transportation deficiencies and inadequacies and
557	the satisfaction of transportation concurrency standards are
558	paramount public purposes for the state and its counties and
559	municipalities.
560	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
561	AUTHORITY.--Each transportation concurrency backlog authority
562	has the powers necessary or convenient to carry out the purposes
563	of this section, including the following powers in addition to
564	others granted in this section:
565	(d)  To borrow money, including, but not limited to,
566	issuing debt obligations, such as, but not limited to, bonds,
567	notes, certificates, and similar debt instruments; to apply for
568	and accept advances, loans, grants, contributions, and any other
569	forms of financial assistance from the Federal Government or the
570	state, county, or any other public body or from any sources,
571	public or private, for the purposes of this part; to give such
572	security as may be required; to enter into and carry out
573	contracts or agreements; and to include in any contracts for
574	financial assistance with the Federal Government for or with
575	respect to a transportation concurrency backlog project and
576	related activities such conditions imposed pursuant to federal
577	laws as the transportation concurrency backlog authority
578	considers reasonable and appropriate and which are not
579	inconsistent with the purposes of this section.
580	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
581	(a)  Each transportation concurrency backlog authority
582	shall adopt a transportation concurrency backlog plan as a part
583	of the local government comprehensive plan within 6 months after
584	the creation of the authority. The plan shall:
585	1.  Identify all transportation facilities that have been
586	designated as deficient and require the expenditure of moneys to
587	upgrade, modify, or mitigate the deficiency.
588	2.  Include a priority listing of all transportation
589	facilities that have been designated as deficient and do not
590	satisfy concurrency requirements pursuant to s. 163.3180, and
591	the applicable local government comprehensive plan.
592	3.  Establish a schedule for financing and construction of
593	transportation concurrency backlog projects that will eliminate
594	transportation concurrency backlogs within the jurisdiction of
595	the authority within 10 years after the transportation
596	concurrency backlog plan adoption. The schedule shall be adopted
597	as part of the local government comprehensive plan.
598	Notwithstanding such schedule requirements, as long as the
599	schedule provides for the elimination of all transportation
600	concurrency backlogs within 10 years after the adoption of the
601	concurrency backlog plan, the final maturity date of any debt
602	incurred to finance or refinance the related projects may be no
603	later than 40 years after the date such debt is incurred and the
604	authority may continue operations and administer the trust fund
605	established as provided in subsection (5) for as long as such
606	debt remains outstanding.
607	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
608	concurrency backlog authority shall establish a local
609	transportation concurrency backlog trust fund upon creation of
610	the authority. Each local trust fund shall be administered by
611	the transportation concurrency backlog authority within which a
612	transportation concurrency backlog has been identified. Each
613	local trust fund shall continue to be funded pursuant to this
614	section for as long as the projects set forth in the related
615	transportation concurrency backlog plan remain to be completed
616	or until any debt incurred to finance or refinance the related
617	projects are no longer outstanding, whichever occurs later.
618	Beginning in the first fiscal year after the creation of the
619	authority, each local trust fund shall be funded by the proceeds
620	of an ad valorem tax increment collected within each
621	transportation concurrency backlog area to be determined
622	annually and shall be a minimum of 25 percent of the difference
623	between the amounts set forth in paragraphs (a) and (b), except
624	that if all of the affected taxing authorities agree pursuant to
625	an interlocal agreement, a particular local trust fund may be
626	funded by the proceeds of an ad valorem tax increment greater
627	than 25 percent of the difference between the amounts set forth
628	in paragraphs (a) and (b):
629	(a)  The amount of ad valorem tax levied each year by each
630	taxing authority, exclusive of any amount from any debt service
631	millage, on taxable real property contained within the
632	jurisdiction of the transportation concurrency backlog authority
633	and within the transportation backlog area; and
634	(b)  The amount of ad valorem taxes which would have been
635	produced by the rate upon which the tax is levied each year by
636	or for each taxing authority, exclusive of any debt service
637	millage, upon the total of the assessed value of the taxable
638	real property within the transportation concurrency backlog area
639	as shown on the most recent assessment roll used in connection
640	with the taxation of such property of each taxing authority
641	prior to the effective date of the ordinance funding the trust
642	fund.
643	(8)  DISSOLUTION.--Upon completion of all transportation
644	concurrency backlog projects and repayment or defeasance of all
645	debt issued to finance or refinance such projects, a
646	transportation concurrency backlog authority shall be dissolved,
647	and its assets and liabilities shall be transferred to the
648	county or municipality within which the authority is located.
649	All remaining assets of the authority must be used for
650	implementation of transportation projects within the
651	jurisdiction of the authority. The local government
652	comprehensive plan shall be amended to remove the transportation
653	concurrency backlog plan.
654	Section 6.  Paragraph (c) of subsection (9) of section
655	287.055, Florida Statutes, is amended to read:
656	287.055  Acquisition of professional architectural,
657	engineering, landscape architectural, or surveying and mapping
658	services; definitions; procedures; contingent fees prohibited;
659	penalties.--
660	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
661	(c)  Except as otherwise provided in s. 337.11(8)(7), the
662	Department of Management Services shall adopt rules for the
663	award of design-build contracts to be followed by state
664	agencies. Each other agency must adopt rules or ordinances for
665	the award of design-build contracts. Municipalities, political
666	subdivisions, school districts, and school boards shall award
667	design-build contracts by the use of a competitive proposal
668	selection process as described in this subsection, or by the use
669	of a qualifications-based selection process pursuant to
670	subsections (3), (4), and (5) for entering into a contract
671	whereby the selected firm will, subsequent to competitive
672	negotiations, establish a guaranteed maximum price and
673	guaranteed completion date. If the procuring agency elects the
674	option of qualifications-based selection, during the selection
675	of the design-build firm the procuring agency shall employ or
676	retain a licensed design professional appropriate to the project
677	to serve as the agency's representative. Procedures for the use
678	of a competitive proposal selection process must include as a
679	minimum the following:
680	1.  The preparation of a design criteria package for the
681	design and construction of the public construction project.
682	2.  The qualification and selection of no fewer than three
683	design-build firms as the most qualified, based on the
684	qualifications, availability, and past work of the firms,
685	including the partners or members thereof.
686	3.  The criteria, procedures, and standards for the
687	evaluation of design-build contract proposals or bids, based on
688	price, technical, and design aspects of the public construction
689	project, weighted for the project.
690	4.  The solicitation of competitive proposals, pursuant to
691	a design criteria package, from those qualified design-build
692	firms and the evaluation of the responses or bids submitted by
693	those firms based on the evaluation criteria and procedures
694	established prior to the solicitation of competitive proposals.
695	5.  For consultation with the employed or retained design
696	criteria professional concerning the evaluation of the responses
697	or bids submitted by the design-build firms, the supervision or
698	approval by the agency of the detailed working drawings of the
699	project; and for evaluation of the compliance of the project
700	construction with the design criteria package by the design
701	criteria professional.
702	6.  In the case of public emergencies, for the agency head
703	to declare an emergency and authorize negotiations with the best
704	qualified design-build firm available at that time.
705	Section 7.  Section 316.0741, Florida Statutes, is amended
706	to read:
707	316.0741  High-occupancy-vehicle High occupancy vehicle
708	lanes.--
709	(1)  As used in this section, the term:
710	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
711	or "HOV lane" means a lane of a public roadway designated for
712	use by vehicles in which there is more than one occupant unless
713	otherwise authorized by federal law.
714	(b)  "Hybrid vehicle" means a motor vehicle:
715	1.  That draws propulsion energy from onboard sources of
716	stored energy which are both an internal combustion or heat
717	engine using combustible fuel and a rechargeable energy-storage
718	system; and
719	2.  That, in the case of a passenger automobile or light
720	truck, has received a certificate of conformity under the Clean
721	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
722	equivalent qualifying California standards for a low-emission
723	vehicle.
724	(2)  The number of persons that must be in a vehicle to
725	qualify for legal use of the HOV lane and the hours during which
726	the lane will serve as an HOV lane, if it is not designated as
727	such on a full-time basis, must also be indicated on a traffic
728	control device.
729	(3)  Except as provided in subsection (4), a vehicle may
730	not be driven in an HOV lane if the vehicle is occupied by fewer
731	than the number of occupants indicated by a traffic control
732	device. A driver who violates this section shall be cited for a
733	moving violation, punishable as provided in chapter 318.
734	(4)(a)  Notwithstanding any other provision of this
735	section, an inherently low-emission vehicle (ILEV) that is
736	certified and labeled in accordance with federal regulations may
737	be driven in an HOV lane at any time, regardless of its
738	occupancy. In addition, upon the state's receipt of written
739	notice from the proper federal regulatory agency authorizing
740	such use, a vehicle defined as a hybrid vehicle under this
741	section may be driven in an HOV lane at any time, regardless of
742	its occupancy.
743	(b)  All eligible hybrid and all eligible other low-
744	emission and energy-efficient vehicles driven in an HOV lane
745	must comply with the minimum fuel economy standards in 23 U.S.C.
746	s. 166(f)(3)(B).
747	(c)  Upon issuance of the applicable Environmental
748	Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
749	relating to the eligibility of hybrid and other low-emission and
750	energy-efficient vehicles for operation in an HOV lane
751	regardless of occupancy, the Department of Transportation shall
752	review the rule and recommend to the Legislature any statutory
753	changes necessary for compliance with the federal rule. The
754	department shall provide its recommendations no later than 30
755	days following issuance of the final rule.
756	(5)  The department shall issue a decal and registration
757	certificate, to be renewed annually, reflecting the HOV lane
758	designation on such vehicles meeting the criteria in subsection
759	(4) authorizing driving in an HOV lane at any time such use. The
760	department may charge a fee for a decal, not to exceed the costs
761	of designing, producing, and distributing each decal, or $5,
762	whichever is less. The proceeds from sale of the decals shall be
763	deposited in the Highway Safety Operating Trust Fund. The
764	department may, for reasons of operation and management of HOV
765	facilities, limit or discontinue issuance of decals for the use
766	of HOV facilities by hybrid and low-emission and energy-
767	efficient vehicles, regardless of occupancy, if it has been
768	determined by the Department of Transportation that the
769	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
770	(6)  Vehicles having decals by virtue of compliance with
771	the minimum fuel economy standards under 23 U.S.C. s.
772	166(f)(3)(B), and which are registered for use in high-occupancy
773	toll lanes or express lanes in accordance with Department of
774	Transportation rule, shall be allowed to use any HOV lanes
775	redesignated as high-occupancy toll lanes or express lanes
776	without payment of a toll.
777	(5)  As used in this section, the term "hybrid vehicle"
778	means a motor vehicle:
779	(a)  That draws propulsion energy from onboard sources of
780	stored energy which are both:
781	1.  An internal combustion or heat engine using combustible
782	fuel; and
783	2.  A rechargeable energy storage system; and
784	(b)  That, in the case of a passenger automobile or light
785	truck:
786	1.  Has received a certificate of conformity under the
787	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
788	2.  Meets or exceeds the equivalent qualifying California
789	standards for a low-emission vehicle.
790	(7)(6)  The department may adopt rules necessary to
791	administer this section.
792	Section 8.  Subsection (4) of section 316.193, Florida
793	Statutes, is amended to read:
794	316.193  Driving under the influence; penalties.--
795	(4)(a)  Any person who is convicted of a violation of
796	subsection (1) and who has a blood-alcohol level or breath-
797	alcohol level of 0.15 0.20 or higher, or any person who is
798	convicted of a violation of subsection (1) and who at the time
799	of the offense was accompanied in the vehicle by a person under
800	the age of 18 years, shall be punished:
801	1.(a)  By a fine of:
802	a.1.  Not less than $500 or more than $1,000 for a first
803	conviction.
804	b.2.  Not less than $1,000 or more than $2,000 for a second
805	conviction.
806	c.3.  Not less than $2,000 for a third or subsequent
807	conviction.
808	2.(b)  By imprisonment for:
809	a.1.  Not more than 9 months for a first conviction.
810	b.2.  Not more than 12 months for a second conviction.
811	(b)  For the purposes of this subsection, only the instant
812	offense is required to be a violation of subsection (1) by a
813	person who has a blood-alcohol level or breath-alcohol level of
814	0.15 0.20 or higher.
815	(c)  In addition to the penalties in subparagraphs (a)1.
816	and 2. paragraphs (a) and (b), the court shall order the
817	mandatory placement, at the convicted person's sole expense, of
818	an ignition interlock device approved by the department in
819	accordance with s. 316.1938 upon all vehicles that are
820	individually or jointly leased or owned and routinely operated
821	by the convicted person for not less than up to 6 continuous
822	months for the first offense and for not less than at least 2
823	continuous years for a second offense, when the convicted person
824	qualifies for a permanent or restricted license. The
825	installation of such device may not occur before July 1, 2003.
826	Section 9.  Effective October 1, 2008, paragraph (b) of
827	subsection (1) and subsections (6) and (8) of section 316.302,
828	Florida Statutes, are amended to read:
829	316.302  Commercial motor vehicles; safety regulations;
830	transporters and shippers of hazardous materials; enforcement.--
831	(1)
832	(b)  Except as otherwise provided in this section, all
833	owners or drivers of commercial motor vehicles that are engaged
834	in intrastate commerce are subject to the rules and regulations
835	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
836	exception of 49 C.F.R. s. 390.5 as it relates to the definition
837	of bus, as such rules and regulations existed on October 1, 2007
838	2005.
839	(6)  The state Department of Transportation shall perform
840	the duties that are assigned to the Field Administrator, Federal
841	Motor Carrier Safety Administration Regional Federal Highway
842	Administrator under the federal rules, and an agent of that
843	department, as described in s. 316.545(9), may enforce those
844	rules.
845	(8)  For the purpose of enforcing this section, any law
846	enforcement officer of the Department of Transportation or duly
847	appointed agent who holds a current safety inspector
848	certification from the Commercial Vehicle Safety Alliance may
849	require the driver of any commercial vehicle operated on the
850	highways of this state to stop and submit to an inspection of
851	the vehicle or the driver's records. If the vehicle or driver is
852	found to be operating in an unsafe condition, or if any required
853	part or equipment is not present or is not in proper repair or
854	adjustment, and the continued operation would present an unduly
855	hazardous operating condition, the officer may require the
856	vehicle or the driver to be removed from service pursuant to the
857	North American Standard Uniform Out-of-Service Criteria, until
858	corrected. However, if continuous operation would not present an
859	unduly hazardous operating condition, the officer may give
860	written notice requiring correction of the condition within 14
861	days.
862	(a)  Any member of the Florida Highway Patrol or any law
863	enforcement officer employed by a sheriff's office or municipal
864	police department authorized to enforce the traffic laws of this
865	state pursuant to s. 316.640 who has reason to believe that a
866	vehicle or driver is operating in an unsafe condition may, as
867	provided in subsection (10), enforce the provisions of this
868	section.
869	(b)  Any person who fails to comply with an officer's
870	request to submit to an inspection under this subsection commits
871	a violation of s. 843.02 if the person resists the officer
872	without violence or a violation of s. 843.01 if the person
873	resists the officer with violence.
874	Section 10.  Subsection (2) of section 316.613, Florida
875	Statutes, is amended to read:
876	316.613  Child restraint requirements.--
877	(2)  As used in this section, the term "motor vehicle"
878	means a motor vehicle as defined in s. 316.003 which that is
879	operated on the roadways, streets, and highways of the state.
880	The term does not include:
881	(a)  A school bus as defined in s. 316.003(45).
882	(b)  A bus used for the transportation of persons for
883	compensation, other than a bus regularly used to transport
884	children to or from school, as defined in s. 316.615(1) (b), or
885	in conjunction with school activities.
886	(c)  A farm tractor or implement of husbandry.
887	(d)  A truck having a gross vehicle weight rating of more
888	than 26,000 of net weight of more than 5,000 pounds.
889	(e)  A motorcycle, moped, or bicycle.
890	Section 11.  Paragraph (a) of subsection (3) of section
891	316.614, Florida Statutes, is amended to read:
892	316.614  Safety belt usage.--
893	(3)  As used in this section:
894	(a)  "Motor vehicle" means a motor vehicle as defined in s.
895	316.003 which that is operated on the roadways, streets, and
896	highways of this state. The term does not include:
897	1.  A school bus.
898	2.  A bus used for the transportation of persons for
899	compensation.
900	3.  A farm tractor or implement of husbandry.
901	4.  A truck having a gross vehicle weight rating of more
902	than 26,000 of a net weight of more than 5,000 pounds.
903	5.  A motorcycle, moped, or bicycle.
904	Section 12.  Paragraph (a) of subsection (2) of section
905	316.656, Florida Statutes, is amended to read:
906	316.656  Mandatory adjudication; prohibition against
907	accepting plea to lesser included offense.--
908	(2)(a)  No trial judge may accept a plea of guilty to a
909	lesser offense from a person charged under the provisions of
910	this act who has been given a breath or blood test to determine
911	blood or breath alcohol content, the results of which show a
912	blood or breath alcohol content by weight of 0.15 0.20 percent
913	or more.
914	Section 13.  Section 322.64, Florida Statutes, is amended
915	to read:
916	322.64  Holder of commercial driver's license; persons
917	operating a commercial motor vehicle; driving with unlawful
918	blood-alcohol level; refusal to submit to breath, urine, or
919	blood test.--
920	(1)(a)  A law enforcement officer or correctional officer
921	shall, on behalf of the department, disqualify from operating
922	any commercial motor vehicle a person who while operating or in
923	actual physical control of a commercial motor vehicle is
924	arrested for a violation of s. 316.193, relating to unlawful
925	blood-alcohol level or breath-alcohol level, or a person who has
926	refused to submit to a breath, urine, or blood test authorized
927	by s. 322.63 arising out of the operation or actual physical
928	control of a commercial motor vehicle. A law enforcement officer
929	or correctional officer shall, on behalf of the department,
930	disqualify the holder of a commercial driver's license from
931	operating any commercial motor vehicle if the licenseholder,
932	while operating or in actual physical control of a motor
933	vehicle, is arrested for a violation of s. 316.193, relating to
934	unlawful blood-alcohol level or breath-alcohol level, or refused
935	to submit to a breath, urine, or blood test authorized by s.
936	322.63. Upon disqualification of the person, the officer shall
937	take the person's driver's license and issue the person a 10-day
938	temporary permit for the operation of noncommercial vehicles
939	only if the person is otherwise eligible for the driving
940	privilege and shall issue the person a notice of
941	disqualification. If the person has been given a blood, breath,
942	or urine test, the results of which are not available to the
943	officer at the time of the arrest, the agency employing the
944	officer shall transmit such results to the department within 5
945	days after receipt of the results. If the department then
946	determines that the person was arrested for a violation of s.
947	316.193 and that the person had a blood-alcohol level or breath-
948	alcohol level of 0.08 or higher, the department shall disqualify
949	the person from operating a commercial motor vehicle pursuant to
950	subsection (3).
951	(b)  The disqualification under paragraph (a) shall be
952	pursuant to, and the notice of disqualification shall inform the
953	driver of, the following:
954	1.a.  The driver refused to submit to a lawful breath,
955	blood, or urine test and he or she is disqualified from
956	operating a commercial motor vehicle for a period of 1 year, for
957	a first refusal, or permanently, if he or she has previously
958	been disqualified as a result of a refusal to submit to such a
959	test; or
960	b.  The driver was driving or in actual physical control of
961	a commercial motor vehicle, or any motor vehicle if the driver
962	holds a commercial driver's license, had an unlawful blood-
963	alcohol level or breath-alcohol level of 0.08 or higher, and his
964	or her driving privilege shall be disqualified for a period of 1
965	year for a first offense or permanently disqualified if his or
966	her driving privilege has been previously disqualified under
967	this section. violated s. 316.193 by driving with an unlawful
968	blood-alcohol level and he or she is disqualified from operating
969	a commercial motor vehicle for a period of 6 months for a first
970	offense or for a period of 1 year if he or she has previously
971	been disqualified, or his or her driving privilege has been
972	previously suspended, for a violation of s. 316.193.
973	2.  The disqualification period for operating commercial
974	vehicles shall commence on the date of arrest or issuance of the
975	notice of disqualification, whichever is later.
976	3.  The driver may request a formal or informal review of
977	the disqualification by the department within 10 days after the
978	date of arrest or issuance of the notice of disqualification,
979	whichever is later.
980	4.  The temporary permit issued at the time of arrest or
981	disqualification expires will expire at midnight of the 10th day
982	following the date of disqualification.
983	5.  The driver may submit to the department any materials
984	relevant to the disqualification arrest.
985	(2)  Except as provided in paragraph (1)(a), the law
986	enforcement officer shall forward to the department, within 5
987	days after the date of the arrest or the issuance of the notice
988	of disqualification, whichever is later, a copy of the notice of
989	disqualification, the driver's license of the person
990	disqualified arrested, and a report of the arrest, including, if
991	applicable, an affidavit stating the officer's grounds for
992	belief that the person disqualified arrested was operating or in
993	actual physical control of a commercial motor vehicle, or holds
994	a commercial driver's license, and had an unlawful blood-alcohol
995	or breath-alcohol level in violation of s. 316.193; the results
996	of any breath or blood or urine test or an affidavit stating
997	that a breath, blood, or urine test was requested by a law
998	enforcement officer or correctional officer and that the person
999	arrested refused to submit; a copy of the notice of
1000	disqualification citation issued to the person arrested; and the
1001	officer's description of the person's field sobriety test, if
1002	any. The failure of the officer to submit materials within the
1003	5-day period specified in this subsection or subsection (1) does
1004	shall not affect the department's ability to consider any
1005	evidence submitted at or prior to the hearing. The officer may
1006	also submit a copy of a videotape of the field sobriety test or
1007	the attempt to administer such test and a copy of the crash
1008	report, if any.
1009	(3)  If the department determines that the person arrested
1010	should be disqualified from operating a commercial motor vehicle
1011	pursuant to this section and if the notice of disqualification
1012	has not already been served upon the person by a law enforcement
1013	officer or correctional officer as provided in subsection (1),
1014	the department shall issue a notice of disqualification and,
1015	unless the notice is mailed pursuant to s. 322.251, a temporary
1016	permit which expires 10 days after the date of issuance if the
1017	driver is otherwise eligible.
1018	(4)  If the person disqualified arrested requests an
1019	informal review pursuant to subparagraph (1)(b)3., the
1020	department shall conduct the informal review by a hearing
1021	officer employed by the department. Such informal review hearing
1022	shall consist solely of an examination by the department of the
1023	materials submitted by a law enforcement officer or correctional
1024	officer and by the person disqualified arrested, and the
1025	presence of an officer or witness is not required.
1026	(5)  After completion of the informal review, notice of the
1027	department's decision sustaining, amending, or invalidating the
1028	disqualification must be provided to the person. Such notice
1029	must be mailed to the person at the last known address shown on
1030	the department's records, and to the address provided in the law
1031	enforcement officer's report if such address differs from the
1032	address of record, within 21 days after the expiration of the
1033	temporary permit issued pursuant to subsection (1) or subsection
1034	(3).
1035	(6)(a)  If the person disqualified arrested requests a
1036	formal review, the department must schedule a hearing to be held
1037	within 30 days after such request is received by the department
1038	and must notify the person of the date, time, and place of the
1039	hearing.
1040	(b)  Such formal review hearing shall be held before a
1041	hearing officer employed by the department, and the hearing
1042	officer shall be authorized to administer oaths, examine
1043	witnesses and take testimony, receive relevant evidence, issue
1044	subpoenas for the officers and witnesses identified in documents
1045	as provided in subsection (2), regulate the course and conduct
1046	of the hearing, and make a ruling on the disqualification. The
1047	department and the person disqualified arrested may subpoena
1048	witnesses, and the party requesting the presence of a witness
1049	shall be responsible for the payment of any witness fees. If the
1050	person who requests a formal review hearing fails to appear and
1051	the hearing officer finds such failure to be without just cause,
1052	the right to a formal hearing is waived and the department shall
1053	conduct an informal review of the disqualification under
1054	subsection (4).
1055	(c)  A party may seek enforcement of a subpoena under
1056	paragraph (b) by filing a petition for enforcement in the
1057	circuit court of the judicial circuit in which the person
1058	failing to comply with the subpoena resides. A failure to comply
1059	with an order of the court shall result in a finding of contempt
1060	of court. However, a person shall not be in contempt while a
1061	subpoena is being challenged.
1062	(d)  The department must, within 7 days after a formal
1063	review hearing, send notice to the person of the hearing
1064	officer's decision as to whether sufficient cause exists to
1065	sustain, amend, or invalidate the disqualification.
1066	(7)  In a formal review hearing under subsection (6) or an
1067	informal review hearing under subsection (4), the hearing
1068	officer shall determine by a preponderance of the evidence
1069	whether sufficient cause exists to sustain, amend, or invalidate
1070	the disqualification. The scope of the review shall be limited
1071	to the following issues:
1072	(a)  If the person was disqualified from operating a
1073	commercial motor vehicle for driving with an unlawful blood-
1074	alcohol level in violation of s. 316.193:
1075	1.  Whether the arresting law enforcement officer had
1076	probable cause to believe that the person was driving or in
1077	actual physical control of a commercial motor vehicle, or any
1078	motor vehicle if the driver holds a commercial driver's license,
1079	in this state while he or she had any alcohol, chemical
1080	substances, or controlled substances in his or her body.
1081	2.  Whether the person was placed under lawful arrest for a
1082	violation of s. 316.193.
1083	2.3.  Whether the person had an unlawful blood-alcohol
1084	level or breath-alcohol level of 0.08 or higher as provided in
1085	s. 316.193.
1086	(b)  If the person was disqualified from operating a
1087	commercial motor vehicle for refusal to submit to a breath,
1088	blood, or urine test:
1089	1.  Whether the law enforcement officer had probable cause
1090	to believe that the person was driving or in actual physical
1091	control of a commercial motor vehicle, or any motor vehicle if
1092	the driver holds a commercial driver's license, in this state
1093	while he or she had any alcohol, chemical substances, or
1094	controlled substances in his or her body.
1095	2.  Whether the person refused to submit to the test after
1096	being requested to do so by a law enforcement officer or
1097	correctional officer.
1098	3.  Whether the person was told that if he or she refused
1099	to submit to such test he or she would be disqualified from
1100	operating a commercial motor vehicle for a period of 1 year or,
1101	in the case of a second refusal, permanently.
1102	(8)  Based on the determination of the hearing officer
1103	pursuant to subsection (7) for both informal hearings under
1104	subsection (4) and formal hearings under subsection (6), the
1105	department shall:
1106	(a)  Sustain the disqualification for a period of 1 year
1107	for a first refusal, or permanently if such person has been
1108	previously disqualified from operating a commercial motor
1109	vehicle as a result of a refusal to submit to such tests. The
1110	disqualification period commences on the date of the arrest or
1111	issuance of the notice of disqualification, whichever is later.
1112	(b)  Sustain the disqualification:
1113	1.  For a period of 1 year if the person was driving or in
1114	actual physical control of a commercial motor vehicle, or any
1115	motor vehicle if the driver holds a commercial driver's license,
1116	and had an unlawful blood-alcohol level or breath-alcohol level
1117	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1118	for a period of 1 year
1119	2.  Permanently if the person has been previously
1120	disqualified from operating a commercial motor vehicle or his or
1121	her driving privilege has been previously suspended for driving
1122	or being in actual physical control of a commercial motor
1123	vehicle, or any motor vehicle if the driver holds a commercial
1124	driver's license, and had an unlawful blood-alcohol level or
1125	breath-alcohol level of 0.08 or higher as a result of a
1126	violation of s. 316.193.
1127
1128	The disqualification period commences on the date of the arrest
1129	or issuance of the notice of disqualification, whichever is
1130	later.
1131	(9)  A request for a formal review hearing or an informal
1132	review hearing shall not stay the disqualification. If the
1133	department fails to schedule the formal review hearing to be
1134	held within 30 days after receipt of the request therefor, the
1135	department shall invalidate the disqualification. If the
1136	scheduled hearing is continued at the department's initiative,
1137	the department shall issue a temporary driving permit limited to
1138	noncommercial vehicles which is shall be valid until the hearing
1139	is conducted if the person is otherwise eligible for the driving
1140	privilege. Such permit shall not be issued to a person who
1141	sought and obtained a continuance of the hearing. The permit
1142	issued under this subsection shall authorize driving for
1143	business purposes or employment use only.
1144	(10)  A person who is disqualified from operating a
1145	commercial motor vehicle under subsection (1) or subsection (3)
1146	is eligible for issuance of a license for business or employment
1147	purposes only under s. 322.271 if the person is otherwise
1148	eligible for the driving privilege. However, such business or
1149	employment purposes license shall not authorize the driver to
1150	operate a commercial motor vehicle.
1151	(11)  The formal review hearing may be conducted upon a
1152	review of the reports of a law enforcement officer or a
1153	correctional officer, including documents relating to the
1154	administration of a breath test or blood test or the refusal to
1155	take either test. However, as provided in subsection (6), the
1156	driver may subpoena the officer or any person who administered
1157	or analyzed a breath or blood test.
1158	(12)  The formal review hearing and the informal review
1159	hearing are exempt from the provisions of chapter 120. The
1160	department is authorized to adopt rules for the conduct of
1161	reviews under this section.
1162	(13)  A person may appeal any decision of the department
1163	sustaining the disqualification from operating a commercial
1164	motor vehicle by a petition for writ of certiorari to the
1165	circuit court in the county wherein such person resides or
1166	wherein a formal or informal review was conducted pursuant to s.
1167	322.31. However, an appeal shall not stay the disqualification.
1168	This subsection shall not be construed to provide for a de novo
1169	appeal.
1170	(14)  The decision of the department under this section
1171	shall not be considered in any trial for a violation of s.
1172	316.193, s. 322.61, or s. 322.62, nor shall any written
1173	statement submitted by a person in his or her request for
1174	departmental review under this section be admissible into
1175	evidence against him or her in any such trial. The disposition
1176	of any related criminal proceedings shall not affect a
1177	disqualification imposed pursuant to this section.
1178	(15)  This section does not preclude the suspension of the
1179	driving privilege pursuant to s. 322.2615. The driving privilege
1180	of a person who has been disqualified from operating a
1181	commercial motor vehicle also may be suspended for a violation
1182	of s. 316.193.
1183	Section 14.  Notwithstanding any law to the contrary, a
1184	county, municipality, or special district may not own or operate
1185	an asphalt plant or a portable or stationary concrete batch
1186	plant having an independent mixer; however, this prohibition
1187	does not apply to any county that owns or is under contract to
1188	purchase an asphalt plant as of April 15, 2008, and that
1189	furnishes its plant-generated asphalt solely for use by local
1190	governments or company's under contract with local governments
1191	for projects within the boundaries of such county. Sale of plant
1192	generated asphalt to private entities or local governments
1193	outside the boundaries of such county is prohibited.
1194	Section 15.  Paragraph (g) of subsection (5) of section
1195	337.0261, Florida Statutes, is amended to read:
1196	337.0261  Construction aggregate materials.--
1197	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1198	(g)  The task force shall be dissolved on June 30, 2009
1199	July 1, 2008.
1200	Section 16.  Paragraph (a) of subsection (7) of section
1201	337.11, Florida Statutes, is amended to read:
1202	337.11  Contracting authority of department; bids;
1203	emergency repairs, supplemental agreements, and change orders;
1204	combined design and construction contracts; progress payments;
1205	records; requirements of vehicle registration.--
1206	(7)(a)  If the head of the department determines that it is
1207	in the best interests of the public, the department may combine
1208	the design and construction phases of a building, a major
1209	bridge, a limited access facility, or a rail corridor project
1210	into a single contract. Such contract is referred to as a
1211	design-build contract. The department's goal shall be to procure
1212	up to 25 percent of the construction contracts that add capacity
1213	in the 5-year adopted work program as design-build contracts by
1214	July 1, 2013. Design-build contracts may be advertised and
1215	awarded notwithstanding the requirements of paragraph (3)(c).
1216	However, construction activities may not begin on any portion of
1217	such projects for which the department has not yet obtained
1218	title to the necessary rights-of-way and easements for the
1219	construction of that portion of the project has vested in the
1220	state or a local governmental entity and all railroad crossing
1221	and utility agreements have been executed. Title to rights-of-
1222	way shall be deemed to have vested in the state when the title
1223	has been dedicated to the public or acquired by prescription.
1224	Section 17.  Subsection (7) of section 337.14, Florida
1225	Statutes, is amended to read:
1226	337.14  Application for qualification; certificate of
1227	qualification; restrictions; request for hearing.--
1228	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
1229	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1230	the department under this section may also qualify under s.
1231	287.055 or s. 337.105 to provide testing services, construction,
1232	engineering, and inspection services to the department. This
1233	limitation shall not apply to any design-build prequalification
1234	under s. 337.11(8)(7).
1235	Section 18.  Paragraph (a) of subsection (2) of section
1236	337.16, Florida Statutes, is amended to read:
1237	337.16  Disqualification of delinquent contractors from
1238	bidding; determination of contractor nonresponsibility; denial,
1239	suspension, and revocation of certificates of qualification;
1240	grounds; hearing.--
1241	(2)  For reasons other than delinquency in progress, the
1242	department, for good cause, may determine any contractor not
1243	having a certificate of qualification nonresponsible for a
1244	specified period of time or may deny, suspend, or revoke any
1245	certificate of qualification. Good cause includes, but is not
1246	limited to, circumstances in which a contractor or the
1247	contractor's official representative:
1248	(a)  Makes or submits to the department false, deceptive,
1249	or fraudulent statements or materials in any bid proposal to the
1250	department, any application for a certificate of qualification,
1251	any certification of payment pursuant to s. 337.11(11)(10), or
1252	any administrative or judicial proceeding;
1253	Section 19.  Paragraph (b) of subsection (1) of section
1254	337.18 is amended to read:
1255	337.18  Surety bonds for construction or maintenance
1256	contracts; requirement with respect to contract award; bond
1257	requirements; defaults; damage assessments.--
1258	(1)
1259	(b)  Prior to beginning any work under the contract, the
1260	contractor shall maintain a copy of the payment and performance
1261	bond required under this section at its principal place of
1262	business and at the jobsite office, if one is established, and
1263	the contractor shall provide a copy of the payment and
1264	performance bond within 5 days after receipt of any written
1265	request therefor. A copy of the payment and performance bond
1266	required under this section may also be obtained directly from
1267	the department via a request made pursuant to chapter 119. Upon
1268	execution of the contract, and prior to beginning any work under
1269	the contract, the contractor shall record in the public records
1270	of the county where the improvement is located the payment and
1271	performance bond required under this section. A claimant shall
1272	have a right of action against the contractor and surety for the
1273	amount due him or her, including unpaid finance charges due
1274	under the claimant's contract. Such action shall not involve the
1275	department in any expense.
1276	Section 20.  Subsections (1), (2), and (7) of section
1277	337.185, Florida Statutes, are amended to read:
1278	337.185  State Arbitration Board.--
1279	(1)  To facilitate the prompt settlement of claims for
1280	additional compensation arising out of construction and
1281	maintenance contracts between the department and the various
1282	contractors with whom it transacts business, the Legislature
1283	does hereby establish the State Arbitration Board, referred to
1284	in this section as the "board." For the purpose of this section,
1285	"claim" shall mean the aggregate of all outstanding claims by a
1286	party arising out of a construction or maintenance contract.
1287	Every contractual claim in an amount up to $250,000 per contract
1288	or, at the claimant's option, up to $500,000 per contract or,
1289	upon agreement of the parties, up to $1 million per contract
1290	that cannot be resolved by negotiation between the department
1291	and the contractor shall be arbitrated by the board after
1292	acceptance of the project by the department. As an exception,
1293	either party to the dispute may request that the claim be
1294	submitted to binding private arbitration. A court of law may not
1295	consider the settlement of such a claim until the process
1296	established by this section has been exhausted.
1297	(2)  The board shall be composed of three members. One
1298	member shall be appointed by the head of the department, and one
1299	member shall be elected by those construction or maintenance
1300	companies who are under contract with the department. The third
1301	member shall be chosen by agreement of the other two members.
1302	Whenever the third member has a conflict of interest regarding
1303	affiliation with one of the parties, the other two members shall
1304	select an alternate member for that hearing. The head of the
1305	department may select an alternative or substitute to serve as
1306	the department member for any hearing or term. Each member shall
1307	serve a 2-year term. The board shall elect a chair, each term,
1308	who shall be the administrator of the board and custodian of its
1309	records.
1310	(7)  The members of the board may receive compensation for
1311	the performance of their duties hereunder, from administrative
1312	fees received by the board, except that no employee of the
1313	department may receive compensation from the board. The
1314	compensation amount shall be determined by the board, but shall
1315	not exceed $125 per hour, up to a maximum of $1,000 per day for
1316	each member authorized to receive compensation. Nothing in this
1317	section shall prevent the member elected by construction or
1318	maintenance companies from being an employee of an association
1319	affiliated with the industry, even if the sole responsibility of
1320	that member is service on the board. Travel expenses for the
1321	industry member may be paid by an industry association, if
1322	necessary. The board may allocate funds annually for clerical
1323	and other administrative services.
1324	Section 21.  Subsection (1) of section 337.403, Florida
1325	Statutes, is amended to read:
1326	337.403  Relocation of utility; expenses.--
1327	(1)  Any utility heretofore or hereafter placed upon,
1328	under, over, or along any public road or publicly owned rail
1329	corridor that is found by the authority to be unreasonably
1330	interfering in any way with the convenient, safe, or continuous
1331	use, or the maintenance, improvement, extension, or expansion,
1332	of such public road or publicly owned rail corridor shall, upon
1333	30 days' written notice to the utility or its agent by the
1334	authority, be removed or relocated by such utility at its own
1335	expense except as provided in paragraphs (a)-(f) (a), (b), and
1336	(c).
1337	(a)  If the relocation of utility facilities, as referred
1338	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1339	627 of the 84th Congress, is necessitated by the construction of
1340	a project on the federal-aid interstate system, including
1341	extensions thereof within urban areas, and the cost of such
1342	project is eligible and approved for reimbursement by the
1343	Federal Government to the extent of 90 percent or more under the
1344	Federal Aid Highway Act, or any amendment thereof, then in that
1345	event the utility owning or operating such facilities shall
1346	relocate such facilities upon order of the department, and the
1347	state shall pay the entire expense properly attributable to such
1348	relocation after deducting therefrom any increase in the value
1349	of the new facility and any salvage value derived from the old
1350	facility.
1351	(b)  When a joint agreement between the department and the
1352	utility is executed for utility improvement, relocation, or
1353	removal work to be accomplished as part of a contract for
1354	construction of a transportation facility, the department may
1355	participate in those utility improvement, relocation, or removal
1356	costs that exceed the department's official estimate of the cost
1357	of such work by more than 10 percent. The amount of such
1358	participation shall be limited to the difference between the
1359	official estimate of all the work in the joint agreement plus 10
1360	percent and the amount awarded for this work in the construction
1361	contract for such work. The department may not participate in
1362	any utility improvement, relocation, or removal costs that occur
1363	as a result of changes or additions during the course of the
1364	contract.
1365	(c)  When an agreement between the department and utility
1366	is executed for utility improvement, relocation, or removal work
1367	to be accomplished in advance of a contract for construction of
1368	a transportation facility, the department may participate in the
1369	cost of clearing and grubbing necessary to perform such work.
1370	(d)  If the utility facility being removed or relocated was
1371	initially installed to exclusively serve the department, its
1372	tenants, or both the department and its tenants, the department
1373	shall bear the costs of removal or relocation of that utility
1374	facility. The department shall not be responsible, however, for
1375	bearing the cost of removal or relocation of any subsequent
1376	additions to that facility for the purpose of serving others.
1377	(e)  If, pursuant to an agreement between a utility and the
1378	authority entered into after the effective date of this
1379	subsection, the utility conveys, subordinates, or relinquishes a
1380	compensable property right to the authority for the purpose of
1381	accommodating the acquisition or use of the right-of-way by the
1382	authority, without the agreement expressly addressing future
1383	responsibility for cost of removal or relocation of the utility,
1384	then the authority shall bear the cost of such removal or
1385	relocation. Nothing in this paragraph is intended to impair or
1386	restrict, or be used to interpret, the terms of any such
1387	agreement entered into prior to the effective date of this
1388	paragraph.
1389	(f)  If the utility is an electric facility being relocated
1390	underground in order to enhance vehicular, bicycle, and
1391	pedestrian safety and in which ownership of the electric
1392	facility to be placed underground has been transferred from a
1393	private to a public utility within the past 5 years, the
1394	department shall incur all costs of the relocation.
1395	Section 22.  Subsections (4) and (5) of section 337.408,
1396	Florida Statutes, are amended, subsection (7) is renumbered as
1397	subsection (8), and a new subsection (7) is added to that
1398	section, to read:
1399	337.408  Regulation of benches, transit shelters, street
1400	light poles, waste disposal receptacles, and modular news racks
1401	within rights-of-way.--
1402	(4)  The department has the authority to direct the
1403	immediate relocation or removal of any bench, transit shelter,
1404	waste disposal receptacle, public pay telephone, or modular news
1405	rack which endangers life or property, except that transit bus
1406	benches which have been placed in service prior to April 1,
1407	1992, are not required to comply with bench size and advertising
1408	display size requirements which have been established by the
1409	department prior to March 1, 1992. Any transit bus bench that
1410	was in service prior to April 1, 1992, may be replaced with a
1411	bus bench of the same size or smaller, if the bench is damaged
1412	or destroyed or otherwise becomes unusable. The department is
1413	authorized to adopt rules relating to the regulation of bench
1414	size and advertising display size requirements. If a
1415	municipality or county within which a bench is to be located has
1416	adopted an ordinance or other applicable regulation that
1417	establishes bench size or advertising display sign requirements
1418	different from requirements specified in department rule, the
1419	local government requirement shall be applicable within the
1420	respective municipality or county. Placement of any bench or
1421	advertising display on the National Highway System under a local
1422	ordinance or regulation adopted pursuant to this subsection
1423	shall be subject to approval of the Federal Highway
1424	Administration.
1425	(5)  No bench, transit shelter, waste disposal receptacle,
1426	public pay telephone, or modular news rack, or advertising
1427	thereon, shall be erected or so placed on the right-of-way of
1428	any road which conflicts with the requirements of federal law,
1429	regulations, or safety standards, thereby causing the state or
1430	any political subdivision the loss of federal funds. Competition
1431	among persons seeking to provide bench, transit shelter, waste
1432	disposal receptacle, or modular news rack services or
1433	advertising on such benches, shelters, receptacles, or news
1434	racks may be regulated, restricted, or denied by the appropriate
1435	local government entity consistent with the provisions of this
1436	section.
1437	(7)  Public pay telephones, including advertising displayed
1438	thereon, may be installed within the right-of-way limits of any
1439	municipal, county, or state road, except on a limited access
1440	highway, provided that such pay telephones are installed by a
1441	provider duly authorized and regulated by the Public Service
1442	Commission pursuant to s. 364.3375, that such pay telephones are
1443	operated in accordance with all applicable state and federal
1444	telecommunications regulations, and that written authorization
1445	has been given to a public pay telephone provider by the
1446	appropriate municipal or county government. Each advertisement
1447	shall be limited to a size no greater than 8 square feet and no
1448	public pay telephone booth shall display more than 3 such
1449	advertisements at any given time. No advertisements shall be
1450	allowed on public pay telephones located in rest areas, welcome
1451	centers, and other such facilities located on an interstate
1452	highway.
1453	Section 23.  Subsection (6) is added to section 338.01,
1454	Florida Statutes, to read:
1455	338.01  Authority to establish and regulate limited access
1456	facilities.--
1457	(6)  All new limited access facilities and existing
1458	transportation facilities on which new or replacement electronic
1459	toll collection systems are installed shall be interoperable
1460	with the department's electronic toll collection system.
1461	Section 24.  Present subsections (7) and (8) of section
1462	338.165, Florida Statutes, are redesignated as subsections (8)
1463	and (9), respectively, and a new subsection (7) is added to that
1464	section, to read:
1465	338.165  Continuation of tolls.--
1466	(7)  This section does not apply to high-occupancy toll
1467	lanes or express lanes.
1468	Section 25.  Section 338.166, Florida Statutes, is created
1469	to read:
1470	338.166  High-occupancy toll lanes or express lanes.--
1471	(1)  Under s. 11, Art. VII of the State Constitution, the
1472	department may request the Division of Bond Finance to issue
1473	bonds secured by toll revenues collected on high-occupancy toll
1474	lanes or express lanes located on Interstate 95 in Miami-Dade
1475	and Broward Counties.
1476	(2)  The department may continue to collect the toll on the
1477	high-occupancy toll lanes or express lanes after the discharge
1478	of any bond indebtedness related to such project. All tolls so
1479	collected shall first be used to pay the annual cost of the
1480	operation, maintenance, and improvement of the high-occupancy
1481	toll lanes or express lanes project or associated transportation
1482	system.
1483	(3)  Any remaining toll revenue from the high-occupancy
1484	toll lanes or express lanes shall be used by the department for
1485	the construction, maintenance, or improvement of any road on the
1486	State Highway System.
1487	(4)  The department is authorized to implement variable
1488	rate tolls on high-occupancy toll lanes or express lanes.
1489	(5)  Except for high-occupancy toll lanes or express lanes,
1490	tolls may not be charged for use of an interstate highway where
1491	tolls were not charged as of July 1, 1997.
1492	(6)  This section does not apply to the turnpike system as
1493	defined under the Florida Turnpike Enterprise Law.
1494	Section 26.  Paragraphs (d) and (e) are added to subsection
1495	(1) of section 338.2216, Florida Statutes, to read:
1496	338.2216  Florida Turnpike Enterprise; powers and
1497	authority.--
1498	(1)
1499	(d)  The Florida Turnpike Enterprise is directed to pursue
1500	and implement new technologies and processes in its operations
1501	and collection of tolls and the collection of other amounts
1502	associated with road and infrastructure usage. Such technologies
1503	and processes shall include, without limitation, video billing
1504	and variable pricing.
1505	(e)1.  The Florida Turnpike Enterprise shall not under any
1506	circumstances contract with any vendor for the retail sale of
1507	fuel along the Florida Turnpike if such contract is negotiated
1508	or bid together with any other contract, including, but not
1509	limited to, the retail sale of food, maintenance services, or
1510	construction, with the exception that any contract for the
1511	retail sale of fuel along the Florida Turnpike shall be bid and
1512	contracted together with the retail sale of food at any
1513	convenience store attached to the fuel station.
1514	2.  All contracts related to service plazas, including, but
1515	not limited to, the sale of fuel, the retail sale of food,
1516	maintenance services, or construction, except for services
1517	provided as defined in s. 287.055(2)(a), awarded by the Florida
1518	Turnpike Enterprise shall be procured through individual
1519	competitive solicitations and awarded to the most cost-effective
1520	responder. This paragraph does not prohibit the award of more
1521	than one individual contract to a single vendor if he or she
1522	submits the most cost-effective response.
1523	Section 27.  Paragraph (b) of subsection (1) of section
1524	338.223, Florida Statutes, is amended to read:
1525	338.223  Proposed turnpike projects.--
1526	(1)
1527	(b)  Any proposed turnpike project or improvement shall be
1528	developed in accordance with the Florida Transportation Plan and
1529	the work program pursuant to s. 339.135. Turnpike projects that
1530	add capacity, alter access, affect feeder roads, or affect the
1531	operation of the local transportation system shall be included
1532	in the transportation improvement plan of the affected
1533	metropolitan planning organization. If such turnpike project
1534	does not fall within the jurisdiction of a metropolitan planning
1535	organization, the department shall notify the affected county
1536	and provide for public hearings in accordance with s.
1537	339.155(5)(6)(c).
1538	Section 28.  Section 338.231, Florida Statutes, is amended
1539	to read:
1540	338.231  Turnpike tolls, fixing; pledge of tolls and other
1541	revenues.--The department shall at all times fix, adjust,
1542	charge, and collect such tolls and amounts for the use of the
1543	turnpike system as are required in order to provide a fund
1544	sufficient with other revenues of the turnpike system to pay the
1545	cost of maintaining, improving, repairing, and operating such
1546	turnpike system; to pay the principal of and interest on all
1547	bonds issued to finance or refinance any portion of the turnpike
1548	system as the same become due and payable; and to create
1549	reserves for all such purposes.
1550	(1)  In the process of effectuating toll rate increases
1551	over the period 1988 through 1992, the department shall, to the
1552	maximum extent feasible, equalize the toll structure, within
1553	each vehicle classification, so that the per mile toll rate will
1554	be approximately the same throughout the turnpike system. New
1555	turnpike projects may have toll rates higher than the uniform
1556	system rate where such higher toll rates are necessary to
1557	qualify the project in accordance with the financial criteria in
1558	the turnpike law. Such higher rates may be reduced to the
1559	uniform system rate when the project is generating sufficient
1560	revenues to pay the full amount of debt service and operating
1561	and maintenance costs at the uniform system rate. If, after 15
1562	years of opening to traffic, the annual revenue of a turnpike
1563	project does not meet or exceed the annual debt service
1564	requirements and operating and maintenance costs attributable to
1565	such project, the department shall, to the maximum extent
1566	feasible, establish a toll rate for the project which is higher
1567	than the uniform system rate as necessary to meet such annual
1568	debt service requirements and operating and maintenance costs.
1569	The department may, to the extent feasible, establish a
1570	temporary toll rate at less than the uniform system rate for the
1571	purpose of building patronage for the ultimate benefit of the
1572	turnpike system. In no case shall the temporary rate be
1573	established for more than 1 year. The requirements of this
1574	subsection shall not apply when the application of such
1575	requirements would violate any covenant established in a
1576	resolution or trust indenture relating to the issuance of
1577	turnpike bonds.
1578	(1)(2)  Notwithstanding any other provision of law, the
1579	department may defer the scheduled July 1, 1993, toll rate
1580	increase on the Homestead Extension of the Florida Turnpike
1581	until July 1, 1995. The department may also advance funds to the
1582	Turnpike General Reserve Trust Fund to replace estimated lost
1583	revenues resulting from this deferral. The amount advanced must
1584	be repaid within 12 years from the date of advance; however, the
1585	repayment is subordinate to all other debt financing of the
1586	turnpike system outstanding at the time repayment is due.
1587	(2)(3)  The department shall publish a proposed change in
1588	the toll rate for the use of an existing toll facility, in the
1589	manner provided for in s. 120.54, which will provide for public
1590	notice and the opportunity for a public hearing before the
1591	adoption of the proposed rate change. When the department is
1592	evaluating a proposed turnpike toll project under s. 338.223 and
1593	has determined that there is a high probability that the project
1594	will pass the test of economic feasibility predicated on
1595	proposed toll rates, the toll rate that is proposed to be
1596	charged after the project is constructed must be adopted during
1597	the planning and project development phase of the project, in
1598	the manner provided for in s. 120.54, including public notice
1599	and the opportunity for a public hearing. For such a new
1600	project, the toll rate becomes effective upon the opening of the
1601	project to traffic.
1602	(3)(a)(4)  For the period July 1, 1998, through June 30,
1603	2017, the department shall, to the maximum extent feasible,
1604	program sufficient funds in the tentative work program such that
1605	the percentage of turnpike toll and bond financed commitments in
1606	Dade County, Broward County, and Palm Beach County as compared
1607	to total turnpike toll and bond financed commitments shall be at
1608	least 90 percent of the share of net toll collections
1609	attributable to users of the turnpike system in Dade County,
1610	Broward County, and Palm Beach County as compared to total net
1611	toll collections attributable to users of the turnpike system.
1612	The requirements of this subsection do not apply when the
1613	application of such requirements would violate any covenant
1614	established in a resolution or trust indenture relating to the
1615	issuance of turnpike bonds. The department at any time for
1616	economic considerations may establish lower temporary toll rates
1617	for a new or existing toll facility for a period not to exceed 1
1618	year, after which the toll rates promulgated under s. 120.54
1619	shall become effective.
1620	(b)  The department shall also fix, adjust, charge, and
1621	collect such amounts needed to cover the costs of administering
1622	the different toll collection and payment methods and types of
1623	accounts being offered and utilized, in the manner provided for
1624	in s. 120.54, which will provide for public notice and the
1625	opportunity for a public hearing before adoption. Such amounts
1626	may stand alone, or be incorporated in a toll rate structure, or
1627	be a combination thereof.
1628	(4)(5)  When bonds are outstanding which have been issued
1629	to finance or refinance any turnpike project, the tolls and all
1630	other revenues derived from the turnpike system and pledged to
1631	such bonds shall be set aside as may be provided in the
1632	resolution authorizing the issuance of such bonds or the trust
1633	agreement securing the same. The tolls or other revenues or
1634	other moneys so pledged and thereafter received by the
1635	department are immediately subject to the lien of such pledge
1636	without any physical delivery thereof or further act. The lien
1637	of any such pledge is valid and binding as against all parties
1638	having claims of any kind in tort or contract or otherwise
1639	against the department irrespective of whether such parties have
1640	notice thereof. Neither the resolution nor any trust agreement
1641	by which a pledge is created need be filed or recorded except in
1642	the records of the department.
1643	(5)(6)  In each fiscal year while any of the bonds of the
1644	Broward County Expressway Authority series 1984 and series 1986-
1645	A remain outstanding, the department is authorized to pledge
1646	revenues from the turnpike system to the payment of principal
1647	and interest of such series of bonds and the operation and
1648	maintenance expenses of the Sawgrass Expressway, to the extent
1649	gross toll revenues of the Sawgrass Expressway are insufficient
1650	to make such payments. The terms of an agreement relative to the
1651	pledge of turnpike system revenue will be negotiated with the
1652	parties of the 1984 and 1986 Broward County Expressway Authority
1653	lease-purchase agreements, and subject to the covenants of those
1654	agreements. The agreement shall establish that the Sawgrass
1655	Expressway shall be subject to the planning, management, and
1656	operating control of the department limited only by the terms of
1657	the lease-purchase agreements. The department shall provide for
1658	the payment of operation and maintenance expenses of the
1659	Sawgrass Expressway until such agreement is in effect. This
1660	pledge of turnpike system revenues shall be subordinate to the
1661	debt service requirements of any future issue of turnpike bonds,
1662	the payment of turnpike system operation and maintenance
1663	expenses, and subject to provisions of any subsequent resolution
1664	or trust indenture relating to the issuance of such turnpike
1665	bonds.
1666	(6)(7)  The use and disposition of revenues pledged to
1667	bonds are subject to the provisions of ss. 338.22-338.241 and
1668	such regulations as the resolution authorizing the issuance of
1669	such bonds or such trust agreement may provide.
1670	Section 29.  Subsection (4) of section 339.12, Florida
1671	Statutes, is amended to read:
1672	339.12  Aid and contributions by governmental entities for
1673	department projects; federal aid.--
1674	(4)(a)  Prior to accepting the contribution of road bond
1675	proceeds, time warrants, or cash for which reimbursement is
1676	sought, the department shall enter into agreements with the
1677	governing body of the governmental entity for the project or
1678	project phases in accordance with specifications agreed upon
1679	between the department and the governing body of the
1680	governmental entity. The department in no instance is to receive
1681	from such governmental entity an amount in excess of the actual
1682	cost of the project or project phase. By specific provision in
1683	the written agreement between the department and the governing
1684	body of the governmental entity, the department may agree to
1685	reimburse the governmental entity for the actual amount of the
1686	bond proceeds, time warrants, or cash used on a highway project
1687	or project phases that are not revenue producing and are
1688	contained in the department's adopted work program, or any
1689	public transportation project contained in the adopted work
1690	program. Subject to appropriation of funds by the Legislature,
1691	the department may commit state funds for reimbursement of such
1692	projects or project phases. Reimbursement to the governmental
1693	entity for such a project or project phase must be made from
1694	funds appropriated by the Legislature, and reimbursement for the
1695	cost of the project or project phase is to begin in the year the
1696	project or project phase is scheduled in the work program as of
1697	the date of the agreement. Funds advanced pursuant to this
1698	section, which were originally designated for transportation
1699	purposes and so reimbursed to a county or municipality, shall be
1700	used by the county or municipality for any transportation
1701	expenditure authorized under s. 336.025(7). Also, cities and
1702	counties may receive funds from persons, and reimburse those
1703	persons, for the purposes of this section. Such persons may
1704	include, but are not limited to, those persons defined in s.
1705	607.01401(19).
1706	(b)  Prior to entering an agreement to advance a project or
1707	project phase pursuant to this subsection and subsection (5),
1708	the department shall first update the estimated cost of the
1709	project or project phase and certify that the estimate is
1710	accurate and consistent with the amount estimated in the adopted
1711	work program. If the original estimate and the updated estimate
1712	vary, the department shall amend the adopted work program
1713	according to the amendatory procedures for the work program set
1714	forth in s. 339.135(7). The amendment shall reflect all
1715	corresponding increases and decreases to the affected projects
1716	within the adopted work program.
1717	(c)  The department may enter into agreements under this
1718	subsection for a project or project phase not included in the
1719	adopted work program. As used in this paragraph, the term
1720	"project phase" means acquisition of rights-of-way,
1721	construction, construction inspection, and related support
1722	phases. The project or project phase must be a high priority of
1723	the governmental entity. Reimbursement for a project or project
1724	phase must be made from funds appropriated by the Legislature
1725	pursuant to s. 339.135(5). All other provisions of this
1726	subsection apply to agreements entered into under this
1727	paragraph. The total amount of project agreements for projects
1728	or project phases not included in the adopted work program
1729	authorized by this paragraph may not at any time exceed $250
1730	$100 million. However, notwithstanding such $250 $100 million
1731	limit and any similar limit in s. 334.30, project advances for
1732	any inland county with a population greater than 500,000
1733	dedicating amounts equal to $500 million or more of its Local
1734	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1735	improvements to the State Highway System which are included in
1736	the local metropolitan planning organization's or the
1737	department's long-range transportation plans shall be excluded
1738	from the calculation of the statewide limit of project advances.
1739	(d)  The department may enter into agreements under this
1740	subsection with any county that has a population of 150,000 or
1741	less as determined by the most recent official estimate pursuant
1742	to s. 186.901 for a project or project phase not included in the
1743	adopted work program. As used in this paragraph, the term
1744	"project phase" means acquisition of rights-of-way,
1745	construction, construction inspection, and related support
1746	phases. The project or project phase must be a high priority of
1747	the governmental entity. Reimbursement for a project or project
1748	phase must be made from funds appropriated by the Legislature
1749	pursuant to s. 339.135(5). All other provisions of this
1750	subsection apply to agreements entered into under this
1751	paragraph. The total amount of project agreements for projects
1752	or project phases not included in the adopted work program
1753	authorized by this paragraph may not at any time exceed $200
1754	million. The project must be included in the local government's
1755	adopted comprehensive plan. The department is authorized to
1756	enter into long-term repayment agreements of up to 30 years.
1757	Section 30.  Paragraph (d) of subsection (7) of section
1758	339.135, Florida Statutes, is amended to read:
1759	339.135  Work program; legislative budget request;
1760	definitions; preparation, adoption, execution, and amendment.--
1761	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1762	(d)1.  Whenever the department proposes any amendment to
1763	the adopted work program, as defined in subparagraph (c)1. or
1764	subparagraph (c)3., which deletes or defers a construction phase
1765	on a capacity project, it shall notify each county affected by
1766	the amendment and each municipality within the county. The
1767	notification shall be issued in writing to the chief elected
1768	official of each affected county, each municipality within the
1769	county, and the chair of each affected metropolitan planning
1770	organization. Each affected county and each municipality in the
1771	county, is encouraged to coordinate with each other to determine
1772	how the amendment effects local concurrency management and
1773	regional transportation planning efforts. Each affected county,
1774	and each municipality within the county, shall have 14 days to
1775	provide written comments to the department regarding how the
1776	amendment will effect its respective concurrency management
1777	systems, including whether any development permits were issued
1778	contingent upon the capacity improvement, if applicable. After
1779	receipt of written comments from the affected local governments,
1780	the department shall include any written comments submitted by
1781	such local governments in its preparation of the proposed
1782	amendment.
1783	2.  Following the 14-day comment period in subparagraph 1.,
1784	if applicable, whenever the department proposes any amendment to
1785	the adopted work program, which amendment is defined in
1786	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1787	subparagraph (c)4., it shall submit the proposed amendment to
1788	the Governor for approval and shall immediately notify the
1789	chairs of the legislative appropriations committees, the chairs
1790	of the legislative transportation committees, and each member of
1791	the Legislature who represents a district affected by the
1792	proposed amendment. It shall also notify, each metropolitan
1793	planning organization affected by the proposed amendment, and
1794	each unit of local government affected by the proposed
1795	amendment, unless it provided to each the notification required
1796	by subparagraph 1. Such proposed amendment shall provide a
1797	complete justification of the need for the proposed amendment.
1798	3.2.  The Governor shall not approve a proposed amendment
1799	until 14 days following the notification required in
1800	subparagraph 2. 1.
1801	4.3.  If either of the chairs of the legislative
1802	appropriations committees or the President of the Senate or the
1803	Speaker of the House of Representatives objects in writing to a
1804	proposed amendment within 14 days following notification and
1805	specifies the reasons for such objection, the Governor shall
1806	disapprove the proposed amendment.
1807	Section 31.  Section 339.155, Florida Statutes, is amended
1808	to read:
1809	339.155  Transportation planning.--
1810	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1811	develop and annually update a statewide transportation plan, to
1812	be known as the Florida Transportation Plan. The plan shall be
1813	designed so as to be easily read and understood by the general
1814	public. The purpose of the Florida Transportation Plan is to
1815	establish and define the state's long-range transportation goals
1816	and objectives to be accomplished over a period of at least 20
1817	years within the context of the State Comprehensive Plan, and
1818	any other statutory mandates and authorizations and based upon
1819	the prevailing principles of: preserving the existing
1820	transportation infrastructure; enhancing Florida's economic
1821	competitiveness; and improving travel choices to ensure
1822	mobility. The Florida Transportation Plan shall consider the
1823	needs of the entire state transportation system and examine the
1824	use of all modes of transportation to effectively and
1825	efficiently meet such needs.
1826	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1827	out a transportation planning process in conformance with s.
1828	334.046(1). which provides for consideration of projects and
1829	strategies that will:
1830	(a)  Support the economic vitality of the United States,
1831	Florida, and the metropolitan areas, especially by enabling
1832	global competitiveness, productivity, and efficiency;
1833	(b)  Increase the safety and security of the transportation
1834	system for motorized and nonmotorized users;
1835	(c)  Increase the accessibility and mobility options
1836	available to people and for freight;
1837	(d)  Protect and enhance the environment, promote energy
1838	conservation, and improve quality of life;
1839	(e)  Enhance the integration and connectivity of the
1840	transportation system, across and between modes throughout
1841	Florida, for people and freight;
1842	(f)  Promote efficient system management and operation; and
1843	(g)  Emphasize the preservation of the existing
1844	transportation system.
1845	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1846	Transportation Plan shall be a unified, concise planning
1847	document that clearly defines the state's long-range
1848	transportation goals and objectives and documents the
1849	department's short-range objectives developed to further such
1850	goals and objectives. The plan shall:
1851	(a)  Include a glossary that clearly and succinctly defines
1852	any and all phrases, words, or terms of art included in the
1853	plan, with which the general public may be unfamiliar. and shall
1854	consist of, at a minimum, the following components:
1855	(b)(a)  Document A long-range component documenting the
1856	goals and long-term objectives necessary to implement the
1857	results of the department's findings from its examination of the
1858	prevailing principles and criteria provided under listed in
1859	subsection (2) and s. 334.046(1). The long-range component must
1860	(c)  Be developed in cooperation with the metropolitan
1861	planning organizations and reconciled, to the maximum extent
1862	feasible, with the long-range plans developed by metropolitan
1863	planning organizations pursuant to s. 339.175. The plan must
1864	also
1865	(d)  Be developed in consultation with affected local
1866	officials in nonmetropolitan areas and with any affected Indian
1867	tribal governments. The plan must
1868	(e)  Provide an examination of transportation issues likely
1869	to arise during at least a 20-year period. The long-range
1870	component shall
1871	(f)  Be updated at least once every 5 years, or more often
1872	as necessary, to reflect substantive changes to federal or state
1873	law.
1874	(b)  A short-range component documenting the short-term
1875	objectives and strategies necessary to implement the goals and
1876	long-term objectives contained in the long-range component. The
1877	short-range component must define the relationship between the
1878	long-range goals and the short-range objectives, specify those
1879	objectives against which the department's achievement of such
1880	goals will be measured, and identify transportation strategies
1881	necessary to efficiently achieve the goals and objectives in the
1882	plan. It must provide a policy framework within which the
1883	department's legislative budget request, the strategic
1884	information resource management plan, and the work program are
1885	developed. The short-range component shall serve as the
1886	department's annual agency strategic plan pursuant to s.
1887	186.021. The short-range component shall be developed consistent
1888	with available and forecasted state and federal funds. The
1889	short-range component shall also be submitted to the Florida
1890	Transportation Commission.
1891	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1892	develop an annual performance report evaluating the operation of
1893	the department for the preceding fiscal year. The report shall
1894	also include a summary of the financial operations of the
1895	department and shall annually evaluate how well the adopted work
1896	program meets the short-term objectives contained in the short-
1897	range component of the Florida Transportation Plan. This
1898	performance report shall be submitted to the Florida
1899	Transportation Commission and the legislative appropriations and
1900	transportation committees.
1901	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1902	(a)  Upon request by local governmental entities, the
1903	department may in its discretion develop and design
1904	transportation corridors, arterial and collector streets,
1905	vehicular parking areas, and other support facilities which are
1906	consistent with the plans of the department for major
1907	transportation facilities. The department may render to local
1908	governmental entities or their planning agencies such technical
1909	assistance and services as are necessary so that local plans and
1910	facilities are coordinated with the plans and facilities of the
1911	department.
1912	(b)  Each regional planning council, as provided for in s.
1913	186.504, or any successor agency thereto, shall develop, as an
1914	element of its strategic regional policy plan, transportation
1915	goals and policies. The transportation goals and policies must
1916	be prioritized to comply with the prevailing principles provided
1917	in subsection (2) and s. 334.046(1). The transportation goals
1918	and policies shall be consistent, to the maximum extent
1919	feasible, with the goals and policies of the metropolitan
1920	planning organization and the Florida Transportation Plan. The
1921	transportation goals and policies of the regional planning
1922	council will be advisory only and shall be submitted to the
1923	department and any affected metropolitan planning organization
1924	for their consideration and comments. Metropolitan planning
1925	organization plans and other local transportation plans shall be
1926	developed consistent, to the maximum extent feasible, with the
1927	regional transportation goals and policies. The regional
1928	planning council shall review urbanized area transportation
1929	plans and any other planning products stipulated in s. 339.175
1930	and provide the department and respective metropolitan planning
1931	organizations with written recommendations which the department
1932	and the metropolitan planning organizations shall take under
1933	advisement. Further, the regional planning councils shall
1934	directly assist local governments which are not part of a
1935	metropolitan area transportation planning process in the
1936	development of the transportation element of their comprehensive
1937	plans as required by s. 163.3177.
1938	(c)  Regional transportation plans may be developed in
1939	regional transportation areas in accordance with an interlocal
1940	agreement entered into pursuant to s. 163.01 by two or more
1941	contiguous metropolitan planning organizations; one or more
1942	metropolitan planning organizations and one or more contiguous
1943	counties, none of which is a member of a metropolitan planning
1944	organization; a multicounty regional transportation authority
1945	created by or pursuant to law; two or more contiguous counties
1946	that are not members of a metropolitan planning organization; or
1947	metropolitan planning organizations comprised of three or more
1948	counties.
1949	(d)  The interlocal agreement must, at a minimum, identify
1950	the entity that will coordinate the development of the regional
1951	transportation plan; delineate the boundaries of the regional
1952	transportation area; provide the duration of the agreement and
1953	specify how the agreement may be terminated, modified, or
1954	rescinded; describe the process by which the regional
1955	transportation plan will be developed; and provide how members
1956	of the entity will resolve disagreements regarding
1957	interpretation of the interlocal agreement or disputes relating
1958	to the development or content of the regional transportation
1959	plan. Such interlocal agreement shall become effective upon its
1960	recordation in the official public records of each county in the
1961	regional transportation area.
1962	(e)  The regional transportation plan developed pursuant to
1963	this section must, at a minimum, identify regionally significant
1964	transportation facilities located within a regional
1965	transportation area and contain a prioritized list of regionally
1966	significant projects. The level-of-service standards for
1967	facilities to be funded under this subsection shall be adopted
1968	by the appropriate local government in accordance with s.
1969	163.3180(10). The projects shall be adopted into the capital
1970	improvements schedule of the local government comprehensive plan
1971	pursuant to s. 163.3177(3).
1972	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1973	TRANSPORTATION PLANNING.--
1974	(a)  During the development of the long-range component of
1975	the Florida Transportation Plan and prior to substantive
1976	revisions, the department shall provide citizens, affected
1977	public agencies, representatives of transportation agency
1978	employees, other affected employee representatives, private
1979	providers of transportation, and other known interested parties
1980	with an opportunity to comment on the proposed plan or
1981	revisions. These opportunities shall include, at a minimum,
1982	publishing a notice in the Florida Administrative Weekly and
1983	within a newspaper of general circulation within the area of
1984	each department district office.
1985	(b)  During development of major transportation
1986	improvements, such as those increasing the capacity of a
1987	facility through the addition of new lanes or providing new
1988	access to a limited or controlled access facility or
1989	construction of a facility in a new location, the department
1990	shall hold one or more hearings prior to the selection of the
1991	facility to be provided; prior to the selection of the site or
1992	corridor of the proposed facility; and prior to the selection of
1993	and commitment to a specific design proposal for the proposed
1994	facility. Such public hearings shall be conducted so as to
1995	provide an opportunity for effective participation by interested
1996	persons in the process of transportation planning and site and
1997	route selection and in the specific location and design of
1998	transportation facilities. The various factors involved in the
1999	decision or decisions and any alternative proposals shall be
2000	clearly presented so that the persons attending the hearing may
2001	present their views relating to the decision or decisions which
2002	will be made.
2003	(c)  Opportunity for design hearings:
2004	1.  The department, prior to holding a design hearing,
2005	shall duly notify all affected property owners of record, as
2006	recorded in the property appraiser's office, by mail at least 20
2007	days prior to the date set for the hearing. The affected
2008	property owners shall be:
2009	a.  Those whose property lies in whole or in part within
2010	300 feet on either side of the centerline of the proposed
2011	facility.
2012	b.  Those whom the department determines will be
2013	substantially affected environmentally, economically, socially,
2014	or safetywise.
2015	2.  For each subsequent hearing, the department shall
2016	publish notice prior to the hearing date in a newspaper of
2017	general circulation for the area affected. These notices must be
2018	published twice, with the first notice appearing at least 15
2019	days, but no later than 30 days, before the hearing.
2020	3.  A copy of the notice of opportunity for the hearing
2021	must be furnished to the United States Department of
2022	Transportation and to the appropriate departments of the state
2023	government at the time of publication.
2024	4.  The opportunity for another hearing shall be afforded
2025	in any case when proposed locations or designs are so changed
2026	from those presented in the notices specified above or at a
2027	hearing as to have a substantially different social, economic,
2028	or environmental effect.
2029	5.  The opportunity for a hearing shall be afforded in each
2030	case in which the department is in doubt as to whether a hearing
2031	is required.
2032	Section 32.  Subsection (3) and paragraphs (b) and (c) of
2033	subsection (4) of section 339.2816, Florida Statutes, are
2034	amended to read:
2035	339.2816  Small County Road Assistance Program.--
2036	(3)  Beginning with fiscal year 1999-2000 until fiscal year
2037	2009-2010, and beginning again with fiscal year 2012-2013, up to
2038	$25 million annually from the State Transportation Trust Fund
2039	may be used for the purposes of funding the Small County Road
2040	Assistance Program as described in this section.
2041	(4)
2042	(b)  In determining a county's eligibility for assistance
2043	under this program, the department may consider whether the
2044	county has attempted to keep county roads in satisfactory
2045	condition, including the amount of local option fuel tax and ad
2046	valorem millage rate imposed by the county. The department may
2047	also consider the extent to which the county has offered to
2048	provide a match of local funds with state funds provided under
2049	the program. At a minimum, small counties shall be eligible only
2050	if:
2051	1.  The county has enacted the maximum rate of the local
2052	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2053	an ad valorem millage rate of at least 8 mills; or
2054	2.  The county has imposed an ad valorem millage rate of 10
2055	mills.
2056	(c)  The following criteria shall be used to prioritize
2057	road projects for funding under the program:
2058	1.  The primary criterion is the physical condition of the
2059	road as measured by the department.
2060	2.  As secondary criteria the department may consider:
2061	a.  Whether a road is used as an evacuation route.
2062	b.  Whether a road has high levels of agricultural travel.
2063	c.  Whether a road is considered a major arterial route.
2064	d.  Whether a road is considered a feeder road.
2065	e.  Whether a road is located in a fiscally constrained
2066	county, as defined in s. 218.67(1).
2067	f.e.  Other criteria related to the impact of a project on
2068	the public road system or on the state or local economy as
2069	determined by the department.
2070	Section 33.  Subsections (1) and (3) of section 339.2819,
2071	Florida Statutes, are amended to read:
2072	339.2819  Transportation Regional Incentive Program.--
2073	(1)  There is created within the Department of
2074	Transportation a Transportation Regional Incentive Program for
2075	the purpose of providing funds to improve regionally significant
2076	transportation facilities in regional transportation areas
2077	created pursuant to s. 339.155(4)(5).
2078	(3)  The department shall allocate funding available for
2079	the Transportation Regional Incentive Program to the districts
2080	based on a factor derived from equal parts of population and
2081	motor fuel collections for eligible counties in regional
2082	transportation areas created pursuant to s. 339.155(4)(5).
2083	Section 34.  Subsection (6) of section 339.285, Florida
2084	Statutes, is amended to read:
2085	339.285  Enhanced Bridge Program for Sustainable
2086	Transportation.--
2087	(6)  Preference shall be given to bridge projects located
2088	on corridors that connect to the Strategic Intermodal System,
2089	created under s. 339.64, and that have been identified as
2090	regionally significant in accordance with s. 339.155(4)(5)(c),
2091	(d), and (e).
2092	Section 35.  Subsections (8) through (14) are added to
2093	section 341.301, Florida Statutes, to read:
2094	341.301  Definitions; ss. 341.302 and 341.303.--As used in
2095	ss. 341.302 and 341.303, the term:
2096	(8)  "Commuter rail passenger or passengers" means and
2097	includes any and all persons, ticketed or unticketed, using the
2098	commuter rail service on a department owned rail corridor:
2099	(a)  On board trains, locomotives, rail cars, or rail
2100	equipment employed in commuter rail service or entraining and
2101	detraining therefrom;
2102	(b)  On or about the rail corridor for any purpose related
2103	to the commuter rail service, including, without limitation,
2104	parking, inquiring about commuter rail service or purchasing
2105	tickets therefor and coming to, waiting for, leaving from, or
2106	observing trains, locomotives, rail cars, or rail equipment; or
2107	(c)  Meeting, assisting, or in the company of any person
2108	described in paragraph (a) or paragraph (b).
2109	(9)  "Commuter rail service" means the transportation of
2110	commuter rail passengers and other passengers by rail pursuant
2111	to a rail program provided by the department or any other
2112	governmental entities.
2113	(10)  "Rail corridor invitee" means and includes any and
2114	all persons who are on or about a department-owned rail
2115	corridor:
2116	(a)  For any purpose related to any ancillary development
2117	thereon; or
2118	(b)  Meeting, assisting, or in the company of any person
2119	described in paragraph (a).
2120	(11)  "Rail corridor" means a linear contiguous strip of
2121	real property that is used for rail service. The term includes
2122	the corridor and structures essential to the operation of a
2123	railroad, including the land, structures, improvements, rights-
2124	of-way, easements, rail lines, rail beds, guideway structures,
2125	switches, yards, parking facilities, power relays, switching
2126	houses, rail stations, ancillary development, and any other
2127	facilities or equipment used for the purposes of construction,
2128	operation, or maintenance of a railroad that provides rail
2129	service.
2130	(12)  "Railroad operations" means the use of the rail
2131	corridor to conduct commuter rail service, intercity rail
2132	passenger service, or freight rail service.
2133	(13)  "Ancillary development" includes any lessee or
2134	licensee of the department, including, but not limited to, other
2135	governmental entities, vendors, retailers, restaurateurs, or
2136	contract service providers, within a department-owned rail
2137	corridor, except for providers of commuter rail service,
2138	intercity rail passenger service, or freight rail service.
2139	(14)  "Governmental entity or entities" means as defined in
2140	s. 11.45, including a "public agency" as defined in s. 163.01.
2141	Section 36.  Section 341.302, Florida Statutes, is amended
2142	to read:
2143	341.302  Rail program, duties and responsibilities of the
2144	department.--The department, in conjunction with other
2145	governmental entities units and the private sector, shall
2146	develop and implement a rail program of statewide application
2147	designed to ensure the proper maintenance, safety,
2148	revitalization, and expansion of the rail system to assure its
2149	continued and increased availability to respond to statewide
2150	mobility needs. Within the resources provided pursuant to
2151	chapter 216, and as authorized under federal law Title 49 C.F.R.
2152	part 212, the department shall:
2153	(1)  Provide the overall leadership, coordination, and
2154	financial and technical assistance necessary to assure the
2155	effective responses of the state's rail system to current and
2156	anticipated mobility needs.
2157	(2)  Promote and facilitate the implementation of advanced
2158	rail systems, including high-speed rail and magnetic levitation
2159	systems.
2160	(3)  Develop and periodically update the rail system plan,
2161	on the basis of an analysis of statewide transportation needs.
2162	The plan shall be consistent with the Florida Transportation
2163	Plan developed pursuant to s. 339.155. The rail system plan
2164	shall include an identification of priorities, programs, and
2165	funding levels required to meet statewide needs. The rail system
2166	plan shall be developed in a manner that will assure the maximum
2167	use of existing facilities and the optimum integration and
2168	coordination of the various modes of transportation, public and
2169	private, in the most cost-effective manner possible. The rail
2170	system plan shall be updated at least every 2 years and include
2171	plans for both passenger rail service and freight rail service.
2172	(4)  As part of the work program of the department,
2173	formulate a specific program of projects and financing to
2174	respond to identified railroad needs.
2175	(5)  Provide technical and financial assistance to units of
2176	local government to address identified rail transportation
2177	needs.
2178	(6)  Secure and administer federal grants, loans, and
2179	apportionments for rail projects within this state when
2180	necessary to further the statewide program.
2181	(7)  Develop and administer state standards concerning the
2182	safety and performance of rail systems, hazardous material
2183	handling, and operations. Such standards shall be developed
2184	jointly with representatives of affected rail systems, with full
2185	consideration given to nationwide industry norms, and shall
2186	define the minimum acceptable standards for safety and
2187	performance.
2188	(8)  Conduct, at a minimum, inspections of track and
2189	rolling stock; train signals and related equipment; hazardous
2190	materials transportation, including the loading, unloading, and
2191	labeling of hazardous materials at shippers', receivers', and
2192	transfer points; and train operating practices to determine
2193	adherence to state and federal standards. Department personnel
2194	may enforce any safety regulation issued under the Federal
2195	Government's preemptive authority over interstate commerce.
2196	(9)  Assess penalties, in accordance with the applicable
2197	federal regulations, for the failure to adhere to the state
2198	standards.
2199	(10)  Administer rail operating and construction programs,
2200	which programs shall include the regulation of maximum train
2201	operating speeds, the opening and closing of public grade
2202	crossings, the construction and rehabilitation of public grade
2203	crossings, and the installation of traffic control devices at
2204	public grade crossings, the administering of the programs by the
2205	department including participation in the cost of the programs.
2206	(11)  Coordinate and facilitate the relocation of railroads
2207	from congested urban areas to nonurban areas when relocation has
2208	been determined feasible and desirable from the standpoint of
2209	safety, operational efficiency, and economics.
2210	(12)  Implement a program of branch line continuance
2211	projects when an analysis of the industrial and economic
2212	potential of the line indicates that public involvement is
2213	required to preserve essential rail service and facilities.
2214	(13)  Provide new rail service and equipment when:
2215	(a)  Pursuant to the transportation planning process, a
2216	public need has been determined to exist;
2217	(b)  The cost of providing such service does not exceed the
2218	sum of revenues from fares charged to users, services purchased
2219	by other public agencies, local fund participation, and specific
2220	legislative appropriation for this purpose; and
2221	(c)  Service cannot be reasonably provided by other
2222	governmental or privately owned rail systems.
2223
2224	The department may own, lease, and otherwise encumber
2225	facilities, equipment, and appurtenances thereto, as necessary
2226	to provide new rail services; or the department may provide such
2227	service by contracts with privately owned service providers.
2228	(14)  Furnish required emergency rail transportation
2229	service if no other private or public rail transportation
2230	operation is available to supply the required service and such
2231	service is clearly in the best interest of the people in the
2232	communities being served. Such emergency service may be
2233	furnished through contractual arrangement, actual operation of
2234	state-owned equipment and facilities, or any other means
2235	determined appropriate by the secretary.
2236	(15)  Assist in the development and implementation of
2237	marketing programs for rail services and of information systems
2238	directed toward assisting rail systems users.
2239	(16)  Conduct research into innovative or potentially
2240	effective rail technologies and methods and maintain expertise
2241	in state-of-the-art rail developments.
2242	(17)  The department is authorized to purchase the required
2243	right-of-way, improvements, and appurtenances of the A-Line rail
2244	corridor from CSX Transportation, Inc., for a maximum purchase
2245	price of $436 million, as supported by an appraisal, for the
2246	primary purpose of implementing commuter rail service in what is
2247	commonly identified as the Central Florida Rail Corridor, and
2248	consisting of an approximately 61.5-mile section of the existing
2249	A-Line rail corridor running from a point at or near Deland,
2250	Florida to a point at or near Poinciana, Florida.
2251	(18)  In conjunction with the acquisition, ownership,
2252	construction, operation, maintenance, and management of a rail
2253	corridor, have the authority to:
2254	(a)  Assume the obligation by contract to forever protect,
2255	defend, and indemnify and hold harmless the freight rail
2256	operator, or its successors, from whom the department has
2257	acquired a real property interest in the rail corridor, and that
2258	freight rail operator's officers, agents, and employees, from
2259	and against any liability, cost, and expense including, but not
2260	limited to, commuter rail passengers, rail corridor invitees,
2261	and trespassers in the rail corridor, regardless of whether the
2262	loss, damage, destruction, injury, or death giving rise to any
2263	such liability, cost, or expense is caused in whole or in part
2264	and to whatever nature or degree by the fault, failure,
2265	negligence, misconduct, nonfeasance, or misfeasance of such
2266	freight rail operator, its successors, or its officers, agents,
2267	and employees, or any other person or persons whomsoever,
2268	provided that such assumption of liability of the department by
2269	contract shall not in any instance exceed the following
2270	parameters of allocation of risk:
2271	1.  The department may be solely responsible for any loss,
2272	injury, or damage to commuter rail passengers, rail corridor
2273	invitees, or trespassers, regardless of circumstances or cause,
2274	subject to subparagraphs 2., 3., and 4.
2275	2.  When only one train is involved in an incident, the
2276	department may be solely responsible for any loss, injury, or
2277	damage if the train is a department train or other train
2278	pursuant to subparagraph 3., but only if in an instance when
2279	only a freight rail operator train is involved the freight rail
2280	operator is solely responsible for any loss, injury, or damage,
2281	except for commuter rail passengers, rail corridor invitees, and
2282	trespassers; and, the freight rail operator is solely
2283	responsible for its property and all of its people in any
2284	instance when its train is involved in an incident.
2285	3.  For the purposes of this subsection, any train involved
2286	in an incident that is neither the department's train nor the
2287	freight rail operator's train, hereinafter referred to in this
2288	subsection as an "other train," may be treated as a department
2289	train, solely for purposes of any allocation of liability
2290	between the department and the freight rail operator only, but
2291	only if the department and the freight rail operator share
2292	responsibility equally as to third parties outside the rail
2293	corridor who incur loss, injury, or damage as a result of any
2294	incident involving both a department train and a freight rail
2295	operator train; and, the allocation as between the department
2296	and the freight rail operator, regardless of whether the other
2297	train is treated as a department train, shall remain one-half
2298	each as to third parties outside the rail corridor who incur
2299	loss, injury, or damage as a result of the incident, and the
2300	involvement of any other train shall not alter the sharing of
2301	equal responsibility as to third parties outside the rail
2302	corridor who incur loss, injury, or damage as a result of the
2303	incident.
2304	4.  When more than one train is involved in an incident:
2305	a.  If only a department train and a freight rail
2306	operator's train, or only another train as described in
2307	subparagraph 3. and a freight rail operator's train, are
2308	involved in an incident, the department may be responsible for
2309	its property and all of its people, all commuter rail
2310	passengers, rail corridor invitees, and trespassers, but only if
2311	the freight rail operator is responsible for its property and
2312	all of its people; and the department and the freight rail
2313	operator share responsibility one-half each as to third parties
2314	outside the rail corridor who incur loss, injury, or damage as a
2315	result of the incident.
2316	b.  If a department train, a freight rail operator train,
2317	and any other train are involved in an incident, the allocation
2318	of liability as between the department and the freight rail
2319	operator, regardless of whether the other train is treated as a
2320	department train, shall remain one-half each as to third parties
2321	outside the rail corridor who incur loss, injury, or damage as a
2322	result of the incident; the involvement of any other train shall
2323	not alter the sharing of equal responsibility as to third
2324	parties outside the rail corridor who incur loss, injury, or
2325	damage as a result of the incident; and, if the owner, operator,
2326	or insurer of the other train makes any payment to injured third
2327	parties outside the rail corridor who incur loss, injury, or
2328	damage as a result of the incident, the allocation of credit
2329	between the department and the freight rail operator as to such
2330	payment shall not in any case reduce the freight rail operator's
2331	third party sharing allocation of one-half under this paragraph
2332	to less than one-third of the total third party liability.
2333	5.  Any such contractual duty to protect, defend,
2334	indemnify, and hold harmless such a freight rail operator shall
2335	expressly: include a specific cap on the amount of the
2336	contractual duty, which amount shall not exceed $200 million
2337	without prior legislative approval; require the department to
2338	purchase liability insurance and establish a self-insurance
2339	retention fund in the amount of the specific cap established
2340	under this paragraph; provide that no such contractual duty
2341	shall in any case be effective nor otherwise extend the
2342	department's liability in scope and effect beyond the
2343	contractual liability insurance and self-insurance retention
2344	fund required pursuant to this paragraph; and provide that the
2345	freight rail operator's compensation to the department for
2346	future use of the department's rail corridor shall include a
2347	monetary contribution to the cost of such liability coverage for
2348	the sole benefit of the freight rail operator.
2349	(b)  Purchase liability insurance which amount shall not
2350	exceed $200 million and establish a self-insurance retention
2351	fund for the purpose of paying the deductible limit established
2352	in the insurance policies it may obtain, including coverage for
2353	the department, any freight rail operator as described in
2354	paragraph (a), commuter rail service providers, governmental
2355	entities, or ancillary development; however, the insureds shall
2356	pay a reasonable monetary contribution to the cost of such
2357	liability coverage for the sole benefit of the insured. Such
2358	insurance and self-insurance retention fund may provide coverage
2359	for all damages, including, but not limited to, compensatory,
2360	special, and exemplary, and be maintained to provide an adequate
2361	fund to cover claims and liabilities for loss, injury, or damage
2362	arising out of or connected with the ownership, operation,
2363	maintenance, and management of a rail corridor.
2364	(c)  Incur expenses for the purchase of advertisements,
2365	marketing, and promotional items.
2366
2367	Neither the assumption by contract to protect, defend,
2368	indemnify, and hold harmless; the purchase of insurance; nor the
2369	establishment of a self-insurance retention fund shall be deemed
2370	to be a waiver of any defense of sovereign immunity for torts
2371	nor deemed to increase the limits of the department's or the
2372	governmental entity's liability for torts as provided in s.
2373	768.28. The requirements of s. 287.022(1) shall not apply to the
2374	purchase of any insurance hereunder. The provisions of this
2375	subsection shall apply and inure fully as to any other
2376	governmental entity providing commuter rail service and
2377	constructing, operating, maintaining, or managing a rail
2378	corridor on publicly owned right-of-way under contract by the
2379	governmental entity with the department or a governmental entity
2380	designated by the department.
2381	(19)(17)  Exercise such other functions, powers, and duties
2382	in connection with the rail system plan as are necessary to
2383	develop a safe, efficient, and effective statewide
2384	transportation system.
2385	Section 37.  Section 341.3023, Florida Statutes, is created
2386	to read:
2387	341.3023  Commuter rail programs and intercity rail
2388	transportation system study.--
2389	(1)  The department shall undertake a comprehensive review
2390	and study of commuter railroad programs and intercity railroad
2391	transportation system plans and their impacts in the state
2392	through 2028.
2393	(2)  The review and study shall encompass and include
2394	information concerning:
2395	(a)  Commuter rail programs and intercity rail
2396	transportation system facility and improvement needs and plans,
2397	including those associated with connectivity to such facilities
2398	and improvements, outlined or contained in, without limitation
2399	thereto, the current Florida Transportation Plan developed
2400	pursuant to s. 339.155(1); regional transportation plans
2401	developed pursuant to s. 339.155(5); the Strategic Intermodal
2402	System Plan developed pursuant to s. 339.64; the adopted work
2403	plan developed pursuant to s. 339.135; long-range transportation
2404	plans developed pursuant to s. 339.175(7); transportation
2405	improvement plans of relevant metropolitan planning
2406	organizations developed pursuant to s. 339.175(8); plans,
2407	information, and studies prepared for or by the authorities
2408	created in parts I, II, III, and V of chapter 343; relevant
2409	studies and information previously prepared by the department
2410	and the Transportation Commission; and the transportation and
2411	capital improvement elements of relevant approved local
2412	government comprehensive plans.
2413	(b)  A detailed review of funding in the state for commuter
2414	rail programs and intercity rail transportation system
2415	improvements, projects, facilities, equipment, rights-of-way,
2416	operating costs, and other costs during the previous 20 years
2417	from state, federal, and local government sources.
2418	(c)  An assessment of the impacts of commuter rail programs
2419	and intercity rail transportation system improvements, projects,
2420	and facilities that have been undertaken in the state during the
2421	previous 20 years and their impact on the state, regional, and
2422	local transportation system and Florida's economic development.
2423	(d)  Proposed commuter rail programs and intercity rail
2424	transportation system improvements, projects, and facilities
2425	throughout the state to be undertaken during the next 20 years,
2426	including, based upon the best available, existing data, a
2427	detailed listing of specific projects with estimates of the
2428	costs of each specific project; projected timelines for such
2429	improvements, projects, and facilities; and the estimated
2430	priority of each such improvement, project, and facility.
2431	(e)  A map of those proposed improvements, projects, and
2432	facilities.
2433	(f)  A finance plan based upon reasonable projections of
2434	anticipated revenues available to the department and units of
2435	local government, including both 10-year and 20-year cost-
2436	feasible components, for such improvements, projects, and
2437	facilities that demonstrates how or what portion of such
2438	improvements, projects, and facilities can be implemented.
2439	(g)  A feasibility study of the best alternatives for
2440	implementing intercity passenger railroad service between the
2441	Tampa Bay region and the greater Orlando area.
2442	(h)  A proposed prioritization process, including
2443	alternatives, for commuter railroad and intercity railroad
2444	improvements, projects, and facilities.
2445	(i)  Funding alternatives for commuter rail programs and
2446	intercity rail transportation system improvements, projects, and
2447	facilities including specific resources, both public and
2448	private, that are reasonably expected to be available to
2449	accomplish such improvements, projects, and facilities and any
2450	innovative financing techniques that might be used to fund such
2451	improvements, projects, and facilities.
2452	(3)  The report shall also include detailed information and
2453	findings about negative impacts caused by current, or projected
2454	to be caused by proposed, commuter rail programs and intercity
2455	rail transportation system projects or freight railroad traffic
2456	in urban areas of the state. For the purpose of this section,
2457	"negative impacts" means those caused by noise, vibration, and
2458	vehicular traffic congestion and delays occurring at rail and
2459	road intersections. "Urban areas" means those areas within or
2460	adjacent to a municipality generally characterized by high
2461	density development and building patterns, greater concentration
2462	of population, and a high level and concentration of public
2463	services and facilities. The Orlando commuter rail project means
2464	the Central Florida Rail Corridor, a line of railroad between
2465	Deland and Poinciana. The report shall include, without
2466	limitation:
2467	(a)  Options and alternatives for eliminating negative
2468	impacts associated with increased freight railroad traffic and
2469	freight railroad congestions within urban areas resulting from
2470	commuter rail programs or intercity rail transportation system
2471	improvements, projects, and facilities, including specifically
2472	those associated with the Orlando commuter railroad project.
2473	(b)  Proposed freight railroad improvements, projects, and
2474	facilities to be undertaken in the next 20 years, including
2475	those associated with the Orlando commuter railroad project, to
2476	eliminate such negative impacts, including, based upon the best
2477	available, existing data, a detailed listing of specific
2478	projects with estimates of the costs of each specific
2479	improvement, project, and facility; projected timelines for such
2480	improvements, projects, and facilities; the estimated priority
2481	of each such improvement, project, and facility; and the
2482	benefits to public safety, economic development, and downtown
2483	development and redevelopment from such improvements, projects,
2484	and facilities.
2485	(c)  A map of those proposed improvements, projects, and
2486	facilities.
2487	(d)  A finance plan based upon reasonable projections of
2488	anticipated revenues available to the department and units of
2489	local government, including both 10-year and 20-year cost-
2490	feasible components, for such improvements, projects, and
2491	facilities that demonstrates how or what portion of such
2492	improvements, projects, and facilities can be implemented, as it
2493	is the intent of the Legislature and the public policy of the
2494	state that such negative impacts of commuter rail programs, and
2495	intercity rail transportation system projects funded by the
2496	state, including those associated with the Orlando commuter
2497	railroad project, be eliminated not later than 8 years after
2498	commuter rail programs and intercity rail transportation system
2499	projects begin operation.
2500	(4)  The report containing the information required
2501	pursuant to subsections (1), (2), and (3) shall be delivered to
2502	the Governor, the President of the Senate, the Speaker of the
2503	House of Representatives, and the leaders of the minority
2504	parties of the Senate and House of Representatives on or before
2505	January 15, 2009.
2506	Section 38.  Part III of chapter 343, Florida Statutes,
2507	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2508	343.76, and 343.77, is repealed.
2509	Section 39.  Subsection (4) of section 348.0003, Florida
2510	Statutes, is amended to read:
2511	348.0003  Expressway authority; formation; membership.--
2512	(4)(a)  An authority may employ an executive secretary, an
2513	executive director, its own counsel and legal staff, technical
2514	experts, and such engineers and employees, permanent or
2515	temporary, as it may require and shall determine the
2516	qualifications and fix the compensation of such persons, firms,
2517	or corporations. An authority may employ a fiscal agent or
2518	agents; however, the authority must solicit sealed proposals
2519	from at least three persons, firms, or corporations for the
2520	performance of any services as fiscal agents. An authority may
2521	delegate to one or more of its agents or employees such of its
2522	power as it deems necessary to carry out the purposes of the
2523	Florida Expressway Authority Act, subject always to the
2524	supervision and control of the authority. Members of an
2525	authority may be removed from office by the Governor for
2526	misconduct, malfeasance, misfeasance, or nonfeasance in office.
2527	(b)  Members of an authority are entitled to receive from
2528	the authority their travel and other necessary expenses incurred
2529	in connection with the business of the authority as provided in
2530	s. 112.061, but they may not draw salaries or other
2531	compensation.
2532	(c)  Members of each expressway an authority,
2533	transportation authority, bridge authority, or toll authority,
2534	created pursuant to this chapter, chapter 343, or chapter 349,
2535	or pursuant to any other legislative enactment, shall be
2536	required to comply with the applicable financial disclosure
2537	requirements of s. 8, Art. II of the State Constitution. This
2538	subsection does not subject a statutorily created expressway
2539	authority, transportation authority, bridge authority, or toll
2540	authority, other than one created under this part, to any of the
2541	requirements of this part other than those contained in this
2542	subsection.
2543	Section 40.  Paragraph (c) is added to subsection (1) of
2544	section 348.0004, Florida Statutes, to read:
2545	348.0004  Purposes and powers.--
2546	(1)
2547	(c)  Notwithstanding any other provision of law, expressway
2548	authorities created under parts I-X of chapter 348 may index
2549	toll rates on toll facilities to the annual Consumer Price Index
2550	or similar inflation indicators. Once a toll rate index has been
2551	implemented pursuant to this paragraph, the toll rate index
2552	shall remain in place and may not be revoked. Toll rate index
2553	for inflation under this subsection must be adopted and approved
2554	by the expressway authority board at a public meeting and may be
2555	made no more frequently than once a year and must be made no
2556	less frequently than once every 5 years as necessary to
2557	accommodate cash toll rate schedules. Toll rates may be
2558	increased beyond these limits as directed by bond documents,
2559	covenants, or governing body authorization or pursuant to
2560	department administrative rule.
2561	Section 41.  Subsection (1) of section 479.01, Florida
2562	Statutes, is amended to read:
2563	479.01  Definitions.--As used in this chapter, the term:
2564	(1)  "Automatic changeable facing" means a facing that
2565	which through a mechanical system is capable of delivering two
2566	or more advertising messages through an automated or remotely
2567	controlled process and shall not rotate so rapidly as to cause
2568	distraction to a motorist.
2569	Section 42.  Subsections (1), (5), and (9) of section
2570	479.07, Florida Statutes, are amended to read:
2571	479.07  Sign permits.--
2572	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2573	person may not erect, operate, use, or maintain, or cause to be
2574	erected, operated, used, or maintained, any sign on the State
2575	Highway System outside an urban incorporated area, as defined in
2576	s. 334.03(32), or on any portion of the interstate or federal-
2577	aid primary highway system without first obtaining a permit for
2578	the sign from the department and paying the annual fee as
2579	provided in this section. For purposes of this section, "on any
2580	portion of the State Highway System, interstate, or federal-aid
2581	primary system" shall mean a sign located within the controlled
2582	area which is visible from any portion of the main-traveled way
2583	of such system.
2584	(5)(a)  For each permit issued, the department shall
2585	furnish to the applicant a serially numbered permanent metal
2586	permit tag. The permittee is responsible for maintaining a valid
2587	permit tag on each permitted sign facing at all times. The tag
2588	shall be securely attached to the sign facing or, if there is no
2589	facing, on the pole nearest the highway; and it shall be
2590	attached in such a manner as to be plainly visible from the
2591	main-traveled way. Effective July 1, 2011, the tag shall be
2592	securely attached to the upper 50 percent of the pole nearest
2593	the highway and shall be attached in such a manner as to be
2594	plainly visible from the main-traveled way. The permit will
2595	become void unless the permit tag is properly and permanently
2596	displayed at the permitted site within 30 days after the date of
2597	permit issuance. If the permittee fails to erect a completed
2598	sign on the permitted site within 270 days after the date on
2599	which the permit was issued, the permit will be void, and the
2600	department may not issue a new permit to that permittee for the
2601	same location for 270 days after the date on which the permit
2602	became void.
2603	(b)  If a permit tag is lost, stolen, or destroyed, the
2604	permittee to whom the tag was issued may must apply to the
2605	department for a replacement tag. The department shall establish
2606	by rule a service fee for replacement tags in an amount that
2607	will recover the actual cost of providing the replacement tag.
2608	Upon receipt of the application accompanied by the a service fee
2609	of $3, the department shall issue a replacement permit tag.
2610	Alternatively, the permittee may provide its own replacement tag
2611	pursuant to department specifications which the department shall
2612	establish by rule at the time it establishes the service fee for
2613	replacement tags.
2614	(9)(a)  A permit shall not be granted for any sign for
2615	which a permit had not been granted by the effective date of
2616	this act unless such sign is located at least:
2617	1.  One thousand five hundred feet from any other permitted
2618	sign on the same side of the highway, if on an interstate
2619	highway.
2620	2.  One thousand feet from any other permitted sign on the
2621	same side of the highway, if on a federal-aid primary highway.
2622
2623	The minimum spacing provided in this paragraph does not preclude
2624	the permitting of V-type, back-to-back, side-to-side, stacked,
2625	or double-faced signs at the permitted sign site. If a sign is
2626	visible from the controlled area of more than one highway
2627	subject to the jurisdiction of the department, the sign shall
2628	meet the permitting requirements of, and, if the sign meets the
2629	applicable permitting requirements, be permitted to, the highway
2630	with the more stringent permitting requirements.
2631	(b)  A permit shall not be granted for a sign pursuant to
2632	this chapter to locate such sign on any portion of the
2633	interstate or federal-aid primary highway system, which sign:
2634	1.  Exceeds 50 feet in sign structure height above the
2635	crown of the main-traveled way, if outside an incorporated area;
2636	2.  Exceeds 65 feet in sign structure height above the
2637	crown of the main-traveled way, if inside an incorporated area;
2638	or
2639	3.  Exceeds 950 square feet of sign facing including all
2640	embellishments.
2641	(c)  Notwithstanding subparagraph (a)1., there is
2642	established a pilot program in Orange, Hillsborough, and Osceola
2643	Counties, and within the boundaries of the City of Miami, under
2644	which the distance between permitted signs on the same side of
2645	an interstate highway may be reduced to 1,000 feet if all other
2646	requirements of this chapter are met and if:
2647	1.  The local government has adopted a plan, program,
2648	resolution, ordinance, or other policy encouraging the voluntary
2649	removal of signs in a downtown, historic, redevelopment, infill,
2650	or other designated area which also provides for a new or
2651	replacement sign to be erected on an interstate highway within
2652	that jurisdiction if a sign in the designated area is removed;
2653	2.  The sign owner and the local government mutually agree
2654	to the terms of the removal and replacement; and
2655	3.  The local government notifies the department of its
2656	intention to allow such removal and replacement as agreed upon
2657	pursuant to subparagraph 2.
2658
2659	The department shall maintain statistics tracking the use of the
2660	provisions of this pilot program based on the notifications
2661	received by the department from local governments under this
2662	paragraph.
2663	Section 43.  Section 479.08, Florida Statutes, is amended
2664	to read:
2665	479.08  Denial or revocation of permit.--The department has
2666	the authority to deny or revoke any permit requested or granted
2667	under this chapter in any case in which it determines that the
2668	application for the permit contains knowingly false or knowingly
2669	misleading information. The department has the authority to
2670	revoke any permit granted under this chapter in any case in
2671	which or that the permittee has violated any of the provisions
2672	of this chapter, unless such permittee, within 30 days after the
2673	receipt of notice by the department, corrects such false or
2674	misleading information and complies with the provisions of this
2675	chapter. For the purpose of this section, the notice of
2676	violation issued by the department shall describe in detail the
2677	alleged violation. Any person aggrieved by any action of the
2678	department in denying or revoking a permit under this chapter
2679	may, within 30 days after receipt of the notice, apply to the
2680	department for an administrative hearing pursuant to chapter
2681	120. If a timely request for hearing has been filed and the
2682	department issues a final order revoking a permit, such
2683	revocation shall be effective 30 days after the date of
2684	rendition. Except for department action pursuant to s.
2685	479.107(1), the filing of a timely and proper notice of appeal
2686	shall operate to stay the revocation until the department's
2687	action is upheld.
2688	Section 44.  Section 479.156, Florida Statutes, is amended
2689	to read:
2690	479.156  Wall murals.--Notwithstanding any other provision
2691	of this chapter, a municipality or county may permit and
2692	regulate wall murals within areas designated by such government.
2693	If a municipality or county permits wall murals, a wall mural
2694	that displays a commercial message and is within 660 feet of the
2695	nearest edge of the right-of-way within an area adjacent to the
2696	interstate highway system or the federal-aid primary highway
2697	system shall be located in an area that is zoned for industrial
2698	or commercial use and the municipality or county shall establish
2699	and enforce regulations for such areas that, at a minimum, set
2700	forth criteria governing the size, lighting, and spacing of wall
2701	murals consistent with the intent of the Highway Beautification
2702	Act of 1965 and with customary use. Whenever a municipality or
2703	county exercises such control and makes a determination of
2704	customary use, pursuant to 23 U.S.C. s. 131(d), such
2705	determination shall be accepted in lieu of controls in the
2706	agreement between the state and the United States Department of
2707	Transportation, and the department shall certify effective local
2708	control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s.
2709	750.706(c). A wall mural that is subject to municipal or county
2710	regulation and the Highway Beautification Act of 1965 must be
2711	approved by the Department of Transportation pursuant to and the
2712	Federal Highway Administration and may not violate the agreement
2713	and between the state and the United States Department of
2714	Transportation or violate federal regulations enforced by the
2715	Department of Transportation under s. 479.02(1). The existence
2716	of a wall mural as defined in s. 479.01(27) shall not be
2717	considered in determining whether a sign as defined in s.
2718	479.01(17), either existing or new, is in compliance with s.
2719	479.07(9)(a).
2720	Section 45.  Subsections (1), (3), (4), and (5) of section
2721	479.261, Florida Statutes, are amended to read:
2722	479.261  Logo sign program.--
2723	(1)  The department shall establish a logo sign program for
2724	the rights-of-way of the interstate highway system to provide
2725	information to motorists about available gas, food, lodging, and
2726	camping, attractions, and other services, as approved by the
2727	Federal Highway Administration, at interchanges, through the use
2728	of business logos, and may include additional interchanges under
2729	the program. A logo sign for nearby attractions may be added to
2730	this program if allowed by federal rules.
2731	(a)  An attraction as used in this chapter is defined as an
2732	establishment, site, facility, or landmark that which is open a
2733	minimum of 5 days a week for 52 weeks a year; that which charges
2734	an admission for entry; which has as its principal focus family-
2735	oriented entertainment, cultural, educational, recreational,
2736	scientific, or historical activities; and that which is publicly
2737	recognized as a bona fide tourist attraction. However, the
2738	permits for businesses seeking to participate in the attractions
2739	logo sign program shall be awarded by the department annually to
2740	the highest bidders, notwithstanding the limitation on fees in
2741	subsection (5), which are qualified for available space at each
2742	qualified location, but the fees therefor may not be less than
2743	the fees established for logo participants in other logo
2744	categories.
2745	(b)  The department shall incorporate the use of RV-
2746	friendly markers on specific information logo signs for
2747	establishments that cater to the needs of persons driving
2748	recreational vehicles. Establishments that qualify for
2749	participation in the specific information logo program and that
2750	also qualify as "RV-friendly" may request the RV-friendly marker
2751	on their specific information logo sign. An RV-friendly marker
2752	must consist of a design approved by the Federal Highway
2753	Administration. The department shall adopt rules in accordance
2754	with chapter 120 to administer this paragraph, including rules
2755	setting forth the minimum requirements that establishments must
2756	meet in order to qualify as RV-friendly. These requirements
2757	shall include large parking spaces, entrances, and exits that
2758	can easily accommodate recreational vehicles and facilities
2759	having appropriate overhead clearances, if applicable.
2760	(c)  The department may implement a 3-year rotation-based
2761	logo program providing for the removal and addition of
2762	participating businesses in the program.
2763	(3)  Logo signs may be installed upon the issuance of an
2764	annual permit by the department or its agent and payment of a an
2765	application and permit fee to the department or its agent.
2766	(4)  The department may contract pursuant to s. 287.057 for
2767	the provision of services related to the logo sign program,
2768	including recruitment and qualification of businesses, review of
2769	applications, permit issuance, and fabrication, installation,
2770	and maintenance of logo signs. The department may reject all
2771	proposals and seek another request for proposals or otherwise
2772	perform the work. If the department contracts for the provision
2773	of services for the logo sign program, the contract must
2774	require, unless the business owner declines, that businesses
2775	that previously entered into agreements with the department to
2776	privately fund logo sign construction and installation be
2777	reimbursed by the contractor for the cost of the signs which has
2778	not been recovered through a previously agreed upon waiver of
2779	fees. The contract also may allow the contractor to retain a
2780	portion of the annual fees as compensation for its services.
2781	(5)  Permit fees for businesses that participate in the
2782	program must be established in an amount sufficient to offset
2783	the total cost to the department for the program, including
2784	contract costs. The department shall provide the services in the
2785	most efficient and cost-effective manner through department
2786	staff or by contracting for some or all of the services. The
2787	department shall adopt rules that set reasonable rates based
2788	upon factors such as population, traffic volume, market demand,
2789	and costs for annual permit fees. However, annual permit fees
2790	for sign locations inside an urban area, as defined in s.
2791	334.03(32), may not exceed $5,000 and annual permit fees for
2792	sign locations outside an urban area, as defined in s.
2793	334.03(32), may not exceed $2,500. After recovering program
2794	costs, the proceeds from the logo program shall be deposited
2795	into the State Transportation Trust Fund and used for
2796	transportation purposes. Such annual permit fee shall not exceed
2797	$1,250.
2798	Section 46.  Business partnerships; display of names.--
2799	(1)  School districts are encouraged to partner with local
2800	businesses for the purposes of mentorship opportunities,
2801	development of employment options and additional funding
2802	sources, and other mutual benefits.
2803	(2)  As a pilot program through June 30, 2011, the Palm
2804	Beach County School District may publicly display the names and
2805	recognitions of their business partners on school district
2806	property in unincorporated areas. Examples of appropriate
2807	business partner recognition include "Project Graduation" and
2808	athletic sponsorships. The district shall make every effort to
2809	display business partner names in a manner that is consistent
2810	with the county standards for uniformity in size, color, and
2811	placement of the signs. Whenever the provisions of this section
2812	are inconsistent with the provisions of the county ordinances or
2813	regulations relating to signs or the provisions of chapter 125,
2814	chapter 166, or chapter 479, Florida Statutes, in the
2815	unincorporated areas, the provisions of this section shall
2816	prevail.
2817	Section 47.  Paragraph (d) of subsection (10) of section
2818	768.28, Florida Statutes, is amended to read:
2819	768.28  Waiver of sovereign immunity in tort actions;
2820	recovery limits; limitation on attorney fees; statute of
2821	limitations; exclusions; indemnification; risk management
2822	programs.--
2823	(10)
2824	(d)1.  For the purposes of this section, operators,
2825	dispatchers, and providers of security for rail services and
2826	rail facility maintenance providers in any rail corridor owned
2827	by the Department of Transportation the South Florida Rail
2828	Corridor, or any of their employees or agents, performing such
2829	services under contract with and on behalf of the South Florida
2830	Regional Transportation Authority or the Department of
2831	Transportation, or a governmental entity that is under contract
2832	with the Department of Transportation to perform such services
2833	or a governmental entity designated by the Department of
2834	Transportation, shall be considered agents of the state while
2835	acting within the scope of and pursuant to guidelines
2836	established in said contract or by rule. This subsection shall
2837	not be construed as designating persons providing contracted
2838	operator, dispatcher, security services, rail facility
2839	maintenance, or other services as employees or agents of the
2840	state for the purposes of the Federal Employers Liability Act,
2841	the Federal Railway Labor Act, or chapter 440.
2842	2.  The Department of Transportation shall ensure that
2843	operators, dispatchers, and providers of security for rail
2844	services and rail facility maintenance providers in any rail
2845	corridor owned by the Department of Transportation meet
2846	requirements, as applicable to the service provided,
2847	demonstrating that, at a minimum, the provider:
2848	a.  Has complete knowledge of railroad specific dispatch
2849	operating rules, physical characteristics of the rail line for
2850	which the provider is responsible, and overall railroad
2851	operations including responsibilities of various departments
2852	within the railroad organization.
2853	b.  Has complete knowledge of railroad track maintenance
2854	standards and the Federal Railroad Administration Track Safety
2855	Standards, 49 C.F.R. part 213, and the Railroad Worker
2856	Protection, 49 C.F.R. part 214.
2857	c.  Meets the requirements of 49 C.F.R. s. 213.7,
2858	specifying the minimum qualifications and abilities for those
2859	persons to supervise the restoration and renewal of railroad
2860	track and for those persons to inspect such track for compliance
2861	with railroad specific maintenance standards and Federal
2862	Railroad Administration track safety standards.
2863	d.  Has complete knowledge of railroad signal maintenance
2864	standards and Federal Railroad Administration Grade Crossing
2865	Signal System Safety Standards, 49 C.F.R. part 234, and the
2866	Railroad Worker Protection, 49 C.F.R. part 214.
2867	e.  Has the ability to read and understand highly complex
2868	wiring diagrams and technical instruction manuals relating to
2869	railroad signals.
2870	f.  Understands rail corridor operating and safety rules.
2871	g.  Has the ability to develop and comply with Federal
2872	Transit Administration Management plans.
2873	h.  Has the ability to develop and comply with Federal
2874	Railroad Administration Safety and Security Program plans.
2875	Section 48.  The Department of Transportation, in
2876	consultation with the Department of Law Enforcement, the
2877	Division of Emergency Management of the Department of Community
2878	Affairs, and the Office of Tourism, Trade, and Economic
2879	Development, and metropolitan planning organizations and
2880	regional planning councils within whose jurisdictional area the
2881	I-95 corridor lies, shall complete a study of transportation
2882	alternatives for the travel corridor parallel to Interstate 95
2883	which takes into account the transportation, emergency
2884	management, homeland security, and economic development needs of
2885	the state. The report must include identification of cost-
2886	effective measures that may be implemented to alleviate
2887	congestion on Interstate 95, facilitate emergency and security
2888	responses, and foster economic development. The Department of
2889	Transportation shall send the report to the Governor, the
2890	President of the Senate, the Speaker of the House of
2891	Representatives, and each affected metropolitan planning
2892	organization by June 30, 2009.
2893	Section 49.  Notwithstanding any provision of chapter 74-
2894	400, Laws of Florida, public funds may be used for the
2895	alteration of Old Cutler Road, between Southwest 136th Street
2896	and Southwest 184th Street, in the Village of Palmetto Bay.
2897	(1)  The alteration may include the installation of
2898	sidewalks, curbing, and landscaping to enhance pedestrian access
2899	to the road.
2900	(2)  The official approval of the project by the Department
2901	of State must be obtained before any alteration is started.
2902	Section 50.  For the purpose of incorporating the amendment
2903	made by this act to section 316.193, Florida Statutes, in a
2904	reference thereto, paragraph (a) of subsection (3) of section
2905	316.066, Florida Statutes, is reenacted to read:
2906	316.066  Written reports of crashes.--
2907	(3)(a)  Every law enforcement officer who in the regular
2908	course of duty investigates a motor vehicle crash:
2909	1.  Which crash resulted in death or personal injury shall,
2910	within 10 days after completing the investigation, forward a
2911	written report of the crash to the department or traffic records
2912	center.
2913	2.  Which crash involved a violation of s. 316.061(1) or s.
2914	316.193 shall, within 10 days after completing the
2915	investigation, forward a written report of the crash to the
2916	department or traffic records center.
2917	3.  In which crash a vehicle was rendered inoperative to a
2918	degree which required a wrecker to remove it from traffic may,
2919	within 10 days after completing the investigation, forward a
2920	written report of the crash to the department or traffic records
2921	center if such action is appropriate, in the officer's
2922	discretion.
2923	Section 51.  For the purpose of incorporating the amendment
2924	made by this act to section 316.193, Florida Statutes, in a
2925	reference thereto, paragraph (b) of subsection (4) of section
2926	316.072, Florida Statutes, is reenacted to read:
2927	316.072  Obedience to and effect of traffic laws.--
2928	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
2929	EXCEPTIONS.--
2930	(b)  Unless specifically made applicable, the provisions of
2931	this chapter, except those contained in ss. 316.192, 316.1925,
2932	and 316.193, shall not apply to persons, teams, or motor
2933	vehicles and other equipment while actually engaged in work upon
2934	the surface of a highway, but shall apply to such persons and
2935	vehicles when traveling to or from such work.
2936	Section 52.  For the purpose of incorporating the amendment
2937	made by this act to section 316.193, Florida Statutes, in a
2938	reference thereto, subsection (3) of section 316.1932, Florida
2939	Statutes, is reenacted to read:
2940	316.1932  Tests for alcohol, chemical substances, or
2941	controlled substances; implied consent; refusal.--
2942	(3)  Notwithstanding any provision of law pertaining to the
2943	confidentiality of hospital records or other medical records,
2944	information relating to the alcoholic content of the blood or
2945	breath or the presence of chemical substances or controlled
2946	substances in the blood obtained pursuant to this section shall
2947	be released to a court, prosecuting attorney, defense attorney,
2948	or law enforcement officer in connection with an alleged
2949	violation of s. 316.193 upon request for such information.
2950	Section 53.  For the purpose of incorporating the amendment
2951	made by this act to section 316.193, Florida Statutes, in a
2952	reference thereto, subsection (4) of section 316.1933, Florida
2953	Statutes, is reenacted to read:
2954	316.1933  Blood test for impairment or intoxication in
2955	cases of death or serious bodily injury; right to use reasonable
2956	force.--
2957	(4)  Notwithstanding any provision of law pertaining to the
2958	confidentiality of hospital records or other medical records,
2959	information relating to the alcoholic content of the blood or
2960	the presence of chemical substances or controlled substances in
2961	the blood obtained pursuant to this section shall be released to
2962	a court, prosecuting attorney, defense attorney, or law
2963	enforcement officer in connection with an alleged violation of
2964	s. 316.193 upon request for such information.
2965	Section 54.  For the purpose of incorporating the amendment
2966	made by this act to section 316.193, Florida Statutes, in
2967	references thereto, subsection (1) and paragraph (d) of
2968	subsection (2) of section 316.1937, Florida Statutes, are
2969	reenacted to read:
2970	316.1937  Ignition interlock devices, requiring; unlawful
2971	acts.--
2972	(1)  In addition to any other authorized penalties, the
2973	court may require that any person who is convicted of driving
2974	under the influence in violation of s. 316.193 shall not operate
2975	a motor vehicle unless that vehicle is equipped with a
2976	functioning ignition interlock device certified by the
2977	department as provided in s. 316.1938, and installed in such a
2978	manner that the vehicle will not start if the operator's blood
2979	alcohol level is in excess of 0.05 percent or as otherwise
2980	specified by the court. The court may require the use of an
2981	approved ignition interlock device for a period of not less than
2982	6 months, if the person is permitted to operate a motor vehicle,
2983	whether or not the privilege to operate a motor vehicle is
2984	restricted, as determined by the court. The court, however,
2985	shall order placement of an ignition interlock device in those
2986	circumstances required by s. 316.193.
2987	(2)  If the court imposes the use of an ignition interlock
2988	device, the court shall:
2989	(d)  Determine the person's ability to pay for installation
2990	of the device if the person claims inability to pay. If the
2991	court determines that the person is unable to pay for
2992	installation of the device, the court may order that any portion
2993	of a fine paid by the person for a violation of s. 316.193 shall
2994	be allocated to defray the costs of installing the device.
2995	Section 55.  For the purpose of incorporating the amendment
2996	made by this act to section 316.193, Florida Statutes, in a
2997	reference thereto, paragraph (b) of subsection (1) of section
2998	316.1939, Florida Statutes, is reenacted to read:
2999	316.1939  Refusal to submit to testing; penalties.--
3000	(1)  Any person who has refused to submit to a chemical or
3001	physical test of his or her breath, blood, or urine, as
3002	described in s. 316.1932, and whose driving privilege was
3003	previously suspended for a prior refusal to submit to a lawful
3004	test of his or her breath, urine, or blood, and:
3005	(b)  Who was placed under lawful arrest for a violation of
3006	s. 316.193 unless such test was requested pursuant to s.
3007	316.1932(1)(c);
3008
3009	commits a misdemeanor of the first degree and is subject to
3010	punishment as provided in s. 775.082 or s. 775.083.
3011	Section 56.  For the purpose of incorporating the amendment
3012	made by this act to section 316.193, Florida Statutes, in a
3013	reference thereto, subsection (1) of section 316.656, Florida
3014	Statutes, is reenacted to read:
3015	316.656  Mandatory adjudication; prohibition against
3016	accepting plea to lesser included offense.--
3017	(1)  Notwithstanding the provisions of s. 948.01, no court
3018	may suspend, defer, or withhold adjudication of guilt or
3019	imposition of sentence for any violation of s. 316.193, for
3020	manslaughter resulting from the operation of a motor vehicle, or
3021	for vehicular homicide.
3022	Section 57.  For the purpose of incorporating the amendment
3023	made by this act to section 316.193, Florida Statutes, in
3024	references thereto, subsections (4) and (5) of section 318.143,
3025	Florida Statutes, are reenacted to read:
3026	318.143  Sanctions for infractions by minors.--
3027	(4)  For the first conviction for a violation of s.
3028	316.193, the court may order the Department of Highway Safety
3029	and Motor Vehicles to revoke the minor's driver's license until
3030	the minor is 18 years of age. For a second or subsequent
3031	conviction for such a violation, the court may order the
3032	Department of Highway Safety and Motor Vehicles to revoke the
3033	minor's driver's license until the minor is 21 years of age.
3034	(5)  A minor who is arrested for a violation of s. 316.193
3035	may be released from custody as soon as:
3036	(a)  The minor is no longer under the influence of
3037	alcoholic beverages, of any chemical substance set forth in s.
3038	877.111, or of any substance controlled under chapter 893, and
3039	is not affected to the extent that his or her normal faculties
3040	are impaired;
3041	(b)  The minor's blood-alcohol level is less than 0.05
3042	percent; or
3043	(c)  Six hours have elapsed after the minor's arrest.
3044	Section 58.  For the purpose of incorporating the amendment
3045	made by this act to section 316.193, Florida Statutes, in a
3046	reference thereto, subsection (3) of section 318.17, Florida
3047	Statutes, is reenacted to read:
3048	318.17  Offenses excepted.--No provision of this chapter is
3049	available to a person who is charged with any of the following
3050	offenses:
3051	(3)  Driving, or being in actual physical control of, any
3052	vehicle while under the influence of alcoholic beverages, any
3053	chemical substance set forth in s. 877.111, or any substance
3054	controlled under chapter 893, in violation of s. 316.193, or
3055	driving with an unlawful blood-alcohol level;
3056	Section 59.  For the purpose of incorporating the amendment
3057	made by this act to section 316.193, Florida Statutes, in a
3058	reference thereto, paragraph (c) of subsection (1) of section
3059	320.055, Florida Statutes, is reenacted to read:
3060	320.055  Registration periods; renewal periods.--The
3061	following registration periods and renewal periods are
3062	established:
3063	(1)
3064	(c)  Notwithstanding the requirements of paragraph (a), the
3065	owner of a motor vehicle subject to paragraph (a) who has had
3066	his or her driver's license suspended pursuant to a violation of
3067	s. 316.193 or pursuant to s. 322.26(2) for driving under the
3068	influence must obtain a 6-month registration as a condition of
3069	reinstating the license, subject to renewal during the 3-year
3070	period that financial responsibility requirements apply. The
3071	registration period begins the first day of the birth month of
3072	the owner and ends the last day of the fifth month immediately
3073	following the owner's birth month. For such vehicles, the
3074	department shall issue a vehicle registration certificate that
3075	is valid for 6 months and shall issue a validation sticker that
3076	displays an expiration date of 6 months after the date of
3077	issuance. The license tax required by s. 320.08 and all other
3078	applicable license taxes shall be one-half of the amount
3079	otherwise required, except the service charge required by s.
3080	320.04 shall be paid in full for each 6-month registration. A
3081	vehicle required to be registered under this paragraph is not
3082	eligible for the extended registration period under paragraph
3083	(b).
3084	Section 60.  For the purpose of incorporating the amendment
3085	made by this act to section 316.193, Florida Statutes, in a
3086	reference thereto, subsection (2) of section 322.03, Florida
3087	Statutes, is reenacted to read:
3088	322.03  Drivers must be licensed; penalties.--
3089	(2)  Prior to issuing a driver's license, the department
3090	shall require any person who has been convicted two or more
3091	times of a violation of s. 316.193 or of a substantially similar
3092	alcohol-related or drug-related offense outside this state
3093	within the preceding 5 years, or who has been convicted of three
3094	or more such offenses within the preceding 10 years, to present
3095	proof of successful completion of or enrollment in a department-
3096	approved substance abuse education course. If the person fails
3097	to complete such education course within 90 days after issuance,
3098	the department shall cancel the license. Further, prior to
3099	issuing the driver's license the department shall require such
3100	person to present proof of financial responsibility as provided
3101	in s. 324.031. For the purposes of this paragraph, a previous
3102	conviction for violation of former s. 316.028, former s.
3103	316.1931, or former s. 860.01 shall be considered a previous
3104	conviction for violation of s. 316.193.
3105	Section 61.  For the purpose of incorporating the amendment
3106	made by this act to section 316.193, Florida Statutes, in a
3107	reference thereto, paragraph (a) of subsection (2) of section
3108	322.0602, Florida Statutes, is reenacted to read:
3109	322.0602  Youthful Drunk Driver Visitation Program.--
3110	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
3111	PARTICIPATION.--
3112	(a)  If a person is convicted of a violation of s. 316.193,
3113	the court may order, as a term and condition of probation in
3114	addition to any other term or condition required or authorized
3115	by law, that the probationer participate in the Youthful Drunk
3116	Driver Visitation Program.
3117	Section 62.  For the purpose of incorporating the amendment
3118	made by this act to section 316.193, Florida Statutes, in a
3119	reference thereto, subsection (8) of section 322.21, Florida
3120	Statutes, is reenacted to read:
3121	322.21  License fees; procedure for handling and collecting
3122	fees.--
3123	(8)  Any person who applies for reinstatement following the
3124	suspension or revocation of the person's driver's license shall
3125	pay a service fee of $35 following a suspension, and $60
3126	following a revocation, which is in addition to the fee for a
3127	license. Any person who applies for reinstatement of a
3128	commercial driver's license following the disqualification of
3129	the person's privilege to operate a commercial motor vehicle
3130	shall pay a service fee of $60, which is in addition to the fee
3131	for a license. The department shall collect all of these fees at
3132	the time of reinstatement. The department shall issue proper
3133	receipts for such fees and shall promptly transmit all funds
3134	received by it as follows:
3135	(a)  Of the $35 fee received from a licensee for
3136	reinstatement following a suspension, the department shall
3137	deposit $15 in the General Revenue Fund and $20 in the Highway
3138	Safety Operating Trust Fund.
3139	(b)  Of the $60 fee received from a licensee for
3140	reinstatement following a revocation or disqualification, the
3141	department shall deposit $35 in the General Revenue Fund and $25
3142	in the Highway Safety Operating Trust Fund.
3143
3144	If the revocation or suspension of the driver's license was for
3145	a violation of s. 316.193, or for refusal to submit to a lawful
3146	breath, blood, or urine test, an additional fee of $115 must be
3147	charged. However, only one $115 fee may be collected from one
3148	person convicted of violations arising out of the same incident.
3149	The department shall collect the $115 fee and deposit the fee
3150	into the Highway Safety Operating Trust Fund at the time of
3151	reinstatement of the person's driver's license, but the fee may
3152	not be collected if the suspension or revocation is overturned.
3153	If the revocation or suspension of the driver's license was for
3154	a conviction for a violation of s. 817.234(8) or (9) or s.
3155	817.505, an additional fee of $180 is imposed for each offense.
3156	The department shall collect and deposit the additional fee into
3157	the Highway Safety Operating Trust Fund at the time of
3158	reinstatement of the person's driver's license.
3159	Section 63.  For the purpose of incorporating the amendment
3160	made by this act to section 316.193, Florida Statutes, in a
3161	reference thereto, subsection (5) of section 322.25, Florida
3162	Statutes, is reenacted to read:
3163	322.25  When court to forward license to department and
3164	report convictions; temporary reinstatement of driving
3165	privileges.--
3166	(5)  For the purpose of this chapter, the entrance of a
3167	plea of nolo contendere by the defendant to a charge of driving
3168	while intoxicated, driving under the influence, driving with an
3169	unlawful blood-alcohol level, or any other alcohol-related or
3170	drug-related traffic offense similar to the offenses specified
3171	in s. 316.193, accepted by the court and under which plea the
3172	court has entered a fine or sentence, whether in this state or
3173	any other state or country, shall be equivalent to a conviction.
3174	Section 64.  For the purpose of incorporating the amendment
3175	made by this act to section 316.193, Florida Statutes, in a
3176	reference thereto, paragraph (a) of subsection (1) of section
3177	322.26, Florida Statutes, is reenacted to read:
3178	322.26  Mandatory revocation of license by department.--The
3179	department shall forthwith revoke the license or driving
3180	privilege of any person upon receiving a record of such person's
3181	conviction of any of the following offenses:
3182	(1)(a)  Murder resulting from the operation of a motor
3183	vehicle, DUI manslaughter where the conviction represents a
3184	subsequent DUI-related conviction, or a fourth violation of s.
3185	316.193 or former s. 316.1931. For such cases, the revocation of
3186	the driver's license or driving privilege shall be permanent.
3187	Section 65.  For the purpose of incorporating the amendment
3188	made by this act to section 316.193, Florida Statutes, in
3189	references thereto, paragraph (a) of subsection (14) and
3190	subsection (16) of section 322.2615, Florida Statutes, are
3191	reenacted to read:
3192	322.2615  Suspension of license; right to review.--
3193	(14)(a)  The decision of the department under this section
3194	or any circuit court review thereof may not be considered in any
3195	trial for a violation of s. 316.193, and a written statement
3196	submitted by a person in his or her request for departmental
3197	review under this section may not be admitted into evidence
3198	against him or her in any such trial.
3199	(16)  The department shall invalidate a suspension for
3200	driving with an unlawful blood-alcohol level or breath-alcohol
3201	level imposed under this section if the suspended person is
3202	found not guilty at trial of an underlying violation of s.
3203	316.193.
3204	Section 66.  For the purpose of incorporating the amendment
3205	made by this act to section 316.193, Florida Statutes, in
3206	references thereto, subsections (15) and (19) of section
3207	322.2616, Florida Statutes, are reenacted to read:
3208	322.2616  Suspension of license; persons under 21 years of
3209	age; right to review.--
3210	(15)  The decision of the department under this section
3211	shall not be considered in any trial for a violation of s.
3212	316.193, nor shall any written statement submitted by a person
3213	in his or her request for departmental review under this section
3214	be admissible into evidence against him or her in any such
3215	trial. The disposition of any related criminal proceedings shall
3216	not affect a suspension imposed under this section.
3217	(19)  A violation of this section is neither a traffic
3218	infraction nor a criminal offense, nor does being detained
3219	pursuant to this section constitute an arrest. A violation of
3220	this section is subject to the administrative action provisions
3221	of this section, which are administered by the department
3222	through its administrative processes. Administrative actions
3223	taken pursuant to this section shall be recorded in the motor
3224	vehicle records maintained by the department. This section does
3225	not bar prosecution under s. 316.193. However, if the department
3226	suspends a person's license under s. 322.2615 for a violation of
3227	s. 316.193, it may not also suspend the person's license under
3228	this section for the same episode that was the basis for the
3229	suspension under s. 322.2615.
3230	Section 67.  For the purpose of incorporating the amendment
3231	made by this act to section 316.193, Florida Statutes, in a
3232	reference thereto, paragraph (b) of subsection (1) of section
3233	322.264, Florida Statutes, is reenacted to read:
3234	322.264  "Habitual traffic offender" defined.--A "habitual
3235	traffic offender" is any person whose record, as maintained by
3236	the Department of Highway Safety and Motor Vehicles, shows that
3237	such person has accumulated the specified number of convictions
3238	for offenses described in subsection (1) or subsection (2)
3239	within a 5-year period:
3240	(1)  Three or more convictions of any one or more of the
3241	following offenses arising out of separate acts:
3242	(b)  Any violation of s. 316.193, former s. 316.1931, or
3243	former s. 860.01;
3244
3245	Any violation of any federal law, any law of another state or
3246	country, or any valid ordinance of a municipality or county of
3247	another state similar to a statutory prohibition specified in
3248	subsection (1) or subsection (2) shall be counted as a violation
3249	of such prohibition. In computing the number of convictions, all
3250	convictions during the 5 years previous to July 1, 1972, will be
3251	used, provided at least one conviction occurs after that date.
3252	The fact that previous convictions may have resulted in
3253	suspension, revocation, or disqualification under another
3254	section does not exempt them from being used for suspension or
3255	revocation under this section as a habitual offender.
3256	Section 68.  For the purpose of incorporating the amendment
3257	made by this act to section 316.193, Florida Statutes, in
3258	references thereto, paragraphs (a) and (c) of subsection (2) and
3259	subsection (4) of section 322.271, Florida Statutes, are
3260	reenacted to read:
3261	322.271  Authority to modify revocation, cancellation, or
3262	suspension order.--
3263	(2)(a)  Upon such hearing, the person whose license has
3264	been suspended, canceled, or revoked may show that such
3265	suspension, cancellation, or revocation of his or her license
3266	causes a serious hardship and precludes the person's carrying
3267	out his or her normal business occupation, trade, or employment
3268	and that the use of the person's license in the normal course of
3269	his or her business is necessary to the proper support of the
3270	person or his or her family. Except as otherwise provided in
3271	this subsection, the department shall require proof of the
3272	successful completion of the applicable department-approved
3273	driver training course operating pursuant to s. 318.1451 or DUI
3274	program substance abuse education course and evaluation as
3275	provided in s. 316.193(5). Letters of recommendation from
3276	respected business persons in the community, law enforcement
3277	officers, or judicial officers may also be required to determine
3278	whether such person should be permitted to operate a motor
3279	vehicle on a restricted basis for business or employment use
3280	only and in determining whether such person can be trusted to so
3281	operate a motor vehicle. If a driver's license has been
3282	suspended under the point system or pursuant to s. 322.2615, the
3283	department shall require proof of enrollment in the applicable
3284	department-approved driver training course or licensed DUI
3285	program substance abuse education course, including evaluation
3286	and treatment, if referred, and may require letters of
3287	recommendation described in this subsection to determine if the
3288	driver should be reinstated on a restricted basis. If such
3289	person fails to complete the approved course within 90 days
3290	after reinstatement or subsequently fails to complete treatment,
3291	if applicable, the department shall cancel his or her driver's
3292	license until the course and treatment, if applicable, is
3293	successfully completed, notwithstanding the terms of the court
3294	order or any suspension or revocation of the driving privilege.
3295	The department may temporarily reinstate the driving privilege
3296	on a restricted basis upon verification from the DUI program
3297	that the offender has reentered and is currently participating
3298	in treatment and has completed the DUI education course and
3299	evaluation requirement. If the DUI program notifies the
3300	department of the second failure to complete treatment, the
3301	department shall reinstate the driving privilege only after
3302	notice of completion of treatment from the DUI program. The
3303	privilege of driving on a limited or restricted basis for
3304	business or employment use shall not be granted to a person who
3305	has been convicted of a violation of s. 316.193 until completion
3306	of the DUI program substance abuse education course and
3307	evaluations as provided in s. 316.193(5). Except as provided in
3308	paragraph (b), the privilege of driving on a limited or
3309	restricted basis for business or employment use shall not be
3310	granted to a person whose license is revoked pursuant to s.
3311	322.28 or suspended pursuant to s. 322.2615 and who has been
3312	convicted of a violation of s. 316.193 two or more times or
3313	whose license has been suspended two or more times for refusal
3314	to submit to a test pursuant to s. 322.2615 or former s.
3315	322.261.
3316	(c)  For the purpose of this section, a previous conviction
3317	of driving under the influence, driving while intoxicated,
3318	driving with an unlawful blood-alcohol level, or any other
3319	similar alcohol-related or drug-related offense outside this
3320	state or a previous conviction of former s. 316.1931, former s.
3321	316.028, or former s. 860.01 shall be considered a previous
3322	conviction for violation of s. 316.193.
3323	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3324	person whose driving privilege has been permanently revoked
3325	because he or she has been convicted of DUI manslaughter in
3326	violation of s. 316.193 and has no prior convictions for DUI-
3327	related offenses may, upon the expiration of 5 years after the
3328	date of such revocation or the expiration of 5 years after the
3329	termination of any term of incarceration under s. 316.193 or
3330	former s. 316.1931, whichever date is later, petition the
3331	department for reinstatement of his or her driving privilege.
3332	(a)  Within 30 days after the receipt of such a petition,
3333	the department shall afford the petitioner an opportunity for a
3334	hearing. At the hearing, the petitioner must demonstrate to the
3335	department that he or she:
3336	1.  Has not been arrested for a drug-related offense during
3337	the 5 years preceding the filing of the petition;
3338	2.  Has not driven a motor vehicle without a license for at
3339	least 5 years prior to the hearing;
3340	3.  Has been drug-free for at least 5 years prior to the
3341	hearing; and
3342	4.  Has completed a DUI program licensed by the department.
3343	(b)  At such hearing, the department shall determine the
3344	petitioner's qualification, fitness, and need to drive. Upon
3345	such determination, the department may, in its discretion,
3346	reinstate the driver's license of the petitioner. Such
3347	reinstatement must be made subject to the following
3348	qualifications:
3349	1.  The license must be restricted for employment purposes
3350	for not less than 1 year; and
3351	2.  Such person must be supervised by a DUI program
3352	licensed by the department and report to the program for such
3353	supervision and education at least four times a year or
3354	additionally as required by the program for the remainder of the
3355	revocation period. Such supervision shall include evaluation,
3356	education, referral into treatment, and other activities
3357	required by the department.
3358	(c)  Such person must assume the reasonable costs of
3359	supervision. If such person fails to comply with the required
3360	supervision, the program shall report the failure to the
3361	department, and the department shall cancel such person's
3362	driving privilege.
3363	(d)  If, after reinstatement, such person is convicted of
3364	an offense for which mandatory revocation of his or her license
3365	is required, the department shall revoke his or her driving
3366	privilege.
3367	(e)  The department shall adopt rules regulating the
3368	providing of services by DUI programs pursuant to this section.
3369	Section 69.  For the purpose of incorporating the amendment
3370	made by this act to section 316.193, Florida Statutes, in
3371	references thereto, subsection (2), paragraphs (a) and (c) of
3372	subsection (3), and subsection (4) of section 322.2715, Florida
3373	Statutes, are reenacted to read:
3374	322.2715  Ignition interlock device.--
3375	(2)  For purposes of this section, any conviction for a
3376	violation of s. 316.193, a previous conviction for a violation
3377	of former s. 316.1931, or a conviction outside this state for
3378	driving under the influence, driving while intoxicated, driving
3379	with an unlawful blood-alcohol level, or any other similar
3380	alcohol-related or drug-related traffic offense is a conviction
3381	of driving under the influence.
3382	(3)  If the person is convicted of:
3383	(a)  A first offense of driving under the influence under
3384	s. 316.193 and has an unlawful blood-alcohol level or breath-
3385	alcohol level as specified in s. 316.193(4), or if a person is
3386	convicted of a violation of s. 316.193 and was at the time of
3387	the offense accompanied in the vehicle by a person younger than
3388	18 years of age, the person shall have the ignition interlock
3389	device installed for 6 months for the first offense and for at
3390	least 2 years for a second offense.
3391	(c)  A third offense of driving under the influence which
3392	occurs within 10 years after a prior conviction for a violation
3393	of s. 316.193, the ignition interlock device shall be installed
3394	for a period of not less than 2 years.
3395	(4)  If the court fails to order the mandatory placement of
3396	the ignition interlock device or fails to order for the
3397	applicable period the mandatory placement of an ignition
3398	interlock device under s. 316.193 or s. 316.1937 at the time of
3399	imposing sentence or within 30 days thereafter, the department
3400	shall immediately require that the ignition interlock device be
3401	installed as provided in this section, except that consideration
3402	may be given to those individuals having a documented medical
3403	condition that would prohibit the device from functioning
3404	normally. This subsection applies to the reinstatement of the
3405	driving privilege following a revocation, suspension, or
3406	cancellation that is based upon a conviction for the offense of
3407	driving under the influence which occurs on or after July 1,
3408	2005.
3409	Section 70.  For the purpose of incorporating the amendment
3410	made by this act to section 316.193, Florida Statutes, in a
3411	reference thereto, subsection (2) of section 322.28, Florida
3412	Statutes, is reenacted to read:
3413	322.28  Period of suspension or revocation.--
3414	(2)  In a prosecution for a violation of s. 316.193 or
3415	former s. 316.1931, the following provisions apply:
3416	(a)  Upon conviction of the driver, the court, along with
3417	imposing sentence, shall revoke the driver's license or driving
3418	privilege of the person so convicted, effective on the date of
3419	conviction, and shall prescribe the period of such revocation in
3420	accordance with the following provisions:
3421	1.  Upon a first conviction for a violation of the
3422	provisions of s. 316.193, except a violation resulting in death,
3423	the driver's license or driving privilege shall be revoked for
3424	not less than 180 days or more than 1 year.
3425	2.  Upon a second conviction for an offense that occurs
3426	within a period of 5 years after the date of a prior conviction
3427	for a violation of the provisions of s. 316.193 or former s.
3428	316.1931 or a combination of such sections, the driver's license
3429	or driving privilege shall be revoked for not less than 5 years.
3430	3.  Upon a third conviction for an offense that occurs
3431	within a period of 10 years after the date of a prior conviction
3432	for the violation of the provisions of s. 316.193 or former s.
3433	316.1931 or a combination of such sections, the driver's license
3434	or driving privilege shall be revoked for not less than 10
3435	years.
3436
3437	For the purposes of this paragraph, a previous conviction
3438	outside this state for driving under the influence, driving
3439	while intoxicated, driving with an unlawful blood-alcohol level,
3440	or any other alcohol-related or drug-related traffic offense
3441	similar to the offense of driving under the influence as
3442	proscribed by s. 316.193 will be considered a previous
3443	conviction for violation of s. 316.193, and a conviction for
3444	violation of former s. 316.028, former s. 316.1931, or former s.
3445	860.01 is considered a conviction for violation of s. 316.193.
3446	(b)  If the period of revocation was not specified by the
3447	court at the time of imposing sentence or within 30 days
3448	thereafter, and is not otherwise specified by law, the
3449	department shall forthwith revoke the driver's license or
3450	driving privilege for the maximum period applicable under
3451	paragraph (a) for a first conviction and for the minimum period
3452	applicable under paragraph (a) for any subsequent convictions.
3453	The driver may, within 30 days after such revocation by the
3454	department, petition the court for further hearing on the period
3455	of revocation, and the court may reopen the case and determine
3456	the period of revocation within the limits specified in
3457	paragraph (a).
3458	(c)  The forfeiture of bail bond, not vacated within 20
3459	days, in any prosecution for the offense of driving while under
3460	the influence of alcoholic beverages, chemical substances, or
3461	controlled substances to the extent of depriving the defendant
3462	of his or her normal faculties shall be deemed equivalent to a
3463	conviction for the purposes of this paragraph, and the
3464	department shall forthwith revoke the defendant's driver's
3465	license or driving privilege for the maximum period applicable
3466	under paragraph (a) for a first conviction and for the minimum
3467	period applicable under paragraph (a) for a second or subsequent
3468	conviction; however, if the defendant is later convicted of the
3469	charge, the period of revocation imposed by the department for
3470	such conviction shall not exceed the difference between the
3471	applicable maximum for a first conviction or minimum for a
3472	second or subsequent conviction and the revocation period under
3473	this subsection that has actually elapsed; upon conviction of
3474	such charge, the court may impose revocation for a period of
3475	time as specified in paragraph (a). This paragraph does not
3476	apply if an appropriate motion contesting the forfeiture is
3477	filed within the 20-day period.
3478	(d)  When any driver's license or driving privilege has
3479	been revoked pursuant to the provisions of this section, the
3480	department shall not grant a new license, except upon
3481	reexamination of the licensee after the expiration of the period
3482	of revocation so prescribed. However, the court may, in its
3483	sound discretion, issue an order of reinstatement on a form
3484	furnished by the department which the person may take to any
3485	driver's license examining office for reinstatement by the
3486	department pursuant to s. 322.282.
3487	(e)  The court shall permanently revoke the driver's
3488	license or driving privilege of a person who has been convicted
3489	four times for violation of s. 316.193 or former s. 316.1931 or
3490	a combination of such sections. The court shall permanently
3491	revoke the driver's license or driving privilege of any person
3492	who has been convicted of DUI manslaughter in violation of s.
3493	316.193. If the court has not permanently revoked such driver's
3494	license or driving privilege within 30 days after imposing
3495	sentence, the department shall permanently revoke the driver's
3496	license or driving privilege pursuant to this paragraph. No
3497	driver's license or driving privilege may be issued or granted
3498	to any such person. This paragraph applies only if at least one
3499	of the convictions for violation of s. 316.193 or former s.
3500	316.1931 was for a violation that occurred after July 1, 1982.
3501	For the purposes of this paragraph, a conviction for violation
3502	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3503	also considered a conviction for violation of s. 316.193. Also,
3504	a conviction of driving under the influence, driving while
3505	intoxicated, driving with an unlawful blood-alcohol level, or
3506	any other similar alcohol-related or drug-related traffic
3507	offense outside this state is considered a conviction for the
3508	purposes of this paragraph.
3509	Section 71.  For the purpose of incorporating the amendment
3510	made by this act to section 316.193, Florida Statutes, in
3511	references thereto, paragraph (a) of subsection (2) of section
3512	322.282, Florida Statutes, is reenacted to read:
3513	322.282  Procedure when court revokes or suspends license
3514	or driving privilege and orders reinstatement.--When a court
3515	suspends or revokes a person's license or driving privilege and,
3516	in its discretion, orders reinstatement as provided by s.
3517	322.28(2)(d) or former s. 322.261(5):
3518	(2)(a)  The court shall issue an order of reinstatement, on
3519	a form to be furnished by the department, which the person may
3520	take to any driver's license examining office. The department
3521	shall issue a temporary driver's permit to a licensee who
3522	presents the court's order of reinstatement, proof of completion
3523	of a department-approved driver training or substance abuse
3524	education course, and a written request for a hearing under s.
3525	322.271. The permit shall not be issued if a record check by the
3526	department shows that the person has previously been convicted
3527	for a violation of s. 316.193, former s. 316.1931, former s.
3528	316.028, former s. 860.01, or a previous conviction outside this
3529	state for driving under the influence, driving while
3530	intoxicated, driving with an unlawful blood-alcohol level, or
3531	any similar alcohol-related or drug-related traffic offense;
3532	that the person's driving privilege has been previously
3533	suspended for refusal to submit to a lawful test of breath,
3534	blood, or urine; or that the person is otherwise not entitled to
3535	issuance of a driver's license. This paragraph shall not be
3536	construed to prevent the reinstatement of a license or driving
3537	privilege that is presently suspended for driving with an
3538	unlawful blood-alcohol level or a refusal to submit to a breath,
3539	urine, or blood test and is also revoked for a conviction for a
3540	violation of s. 316.193 or former s. 316.1931, if the suspension
3541	and revocation arise out of the same incident.
3542	Section 72.  For the purpose of incorporating the amendment
3543	made by this act to section 316.193, Florida Statutes, in a
3544	reference thereto, paragraph (a) of subsection (1) of section
3545	322.291, Florida Statutes, is reenacted to read:
3546	322.291  Driver improvement schools or DUI programs;
3547	required in certain suspension and revocation cases.--Except as
3548	provided in s. 322.03(2), any person:
3549	(1)  Whose driving privilege has been revoked:
3550	(a)  Upon conviction for:
3551	1.  Driving, or being in actual physical control of, any
3552	vehicle while under the influence of alcoholic beverages, any
3553	chemical substance set forth in s. 877.111, or any substance
3554	controlled under chapter 893, in violation of s. 316.193;
3555	2.  Driving with an unlawful blood- or breath-alcohol
3556	level;
3557	3.  Manslaughter resulting from the operation of a motor
3558	vehicle;
3559	4.  Failure to stop and render aid as required under the
3560	laws of this state in the event of a motor vehicle crash
3561	resulting in the death or personal injury of another;
3562	5.  Reckless driving; or
3563
3564	shall, before the driving privilege may be reinstated, present
3565	to the department proof of enrollment in a department-approved
3566	advanced driver improvement course operating pursuant to s.
3567	318.1451 or a substance abuse education course conducted by a
3568	DUI program licensed pursuant to s. 322.292, which shall include
3569	a psychosocial evaluation and treatment, if referred. If the
3570	person fails to complete such course or evaluation within 90
3571	days after reinstatement, or subsequently fails to complete
3572	treatment, if referred, the DUI program shall notify the
3573	department of the failure. Upon receipt of the notice, the
3574	department shall cancel the offender's driving privilege,
3575	notwithstanding the expiration of the suspension or revocation
3576	of the driving privilege. The department may temporarily
3577	reinstate the driving privilege upon verification from the DUI
3578	program that the offender has completed the education course and
3579	evaluation requirement and has reentered and is currently
3580	participating in treatment. If the DUI program notifies the
3581	department of the second failure to complete treatment, the
3582	department shall reinstate the driving privilege only after
3583	notice of completion of treatment from the DUI program.
3584	Section 73.  For the purpose of incorporating the amendment
3585	made by this act to section 316.193, Florida Statutes, in a
3586	reference thereto, paragraph (a) of subsection (9) of section
3587	322.34, Florida Statutes, is reenacted to read:
3588	322.34  Driving while license suspended, revoked, canceled,
3589	or disqualified.--
3590	(9)(a)  A motor vehicle that is driven by a person under
3591	the influence of alcohol or drugs in violation of s. 316.193 is
3592	subject to seizure and forfeiture under ss. 932.701-932.707 and
3593	is subject to liens for recovering, towing, or storing vehicles
3594	under s. 713.78 if, at the time of the offense, the person's
3595	driver's license is suspended, revoked, or canceled as a result
3596	of a prior conviction for driving under the influence.
3597	Section 74.  For the purpose of incorporating the amendment
3598	made by this act to section 316.193, Florida Statutes, in a
3599	reference thereto, subsection (3) of section 322.62, Florida
3600	Statutes, is reenacted to read:
3601	322.62  Driving under the influence; commercial motor
3602	vehicle operators.--
3603	(3)  This section does not supersede s. 316.193. Nothing in
3604	this section prohibits the prosecution of a person who drives a
3605	commercial motor vehicle for driving under the influence of
3606	alcohol or controlled substances whether or not such person is
3607	also prosecuted for a violation of this section.
3608	Section 75.  For the purpose of incorporating the amendment
3609	made by this act to section 316.193, Florida Statutes, in
3610	references thereto, paragraph (d) of subsection (2) and
3611	subsection (6) of section 322.63, Florida Statutes, are
3612	reenacted to read:
3613	322.63  Alcohol or drug testing; commercial motor vehicle
3614	operators.--
3615	(2)  The chemical and physical tests authorized by this
3616	section shall only be required if a law enforcement officer has
3617	reasonable cause to believe that a person driving a commercial
3618	motor vehicle has any alcohol, chemical substance, or controlled
3619	substance in his or her body.
3620	(d)  The administration of one test under paragraph (a),
3621	paragraph (b), or paragraph (c) shall not preclude the
3622	administration of a different test under paragraph (a),
3623	paragraph (b), or paragraph (c). However, a urine test may not
3624	be used to determine alcohol concentration and a breath test may
3625	not be used to determine the presence of controlled substances
3626	or chemical substances in a person's body. Notwithstanding the
3627	provisions of this paragraph, in the event a Florida licensee
3628	has been convicted in another state for an offense substantially
3629	similar to s. 316.193 or to s. 322.62, which conviction was
3630	based upon evidence of test results prohibited by this
3631	paragraph, that out-of-state conviction shall constitute a
3632	conviction for the purposes of this chapter.
3633	(6)  Notwithstanding any provision of law pertaining to the
3634	confidentiality of hospital records or other medical records,
3635	information relating to the alcohol content of a person's blood
3636	or the presence of chemical substances or controlled substances
3637	in a person's blood obtained pursuant to this section shall be
3638	released to a court, prosecuting attorney, defense attorney, or
3639	law enforcement officer in connection with an alleged violation
3640	of s. 316.193 or s. 322.62 upon request for such information.
3641	Section 76.  For the purpose of incorporating the amendment
3642	made by this act to section 316.193, Florida Statutes, in
3643	references thereto, subsections (1) and (2), paragraph (a) of
3644	subsection (7), paragraph (b) of subsection (8), and subsections
3645	(14) and (15) of section 322.64, Florida Statutes, are reenacted
3646	to read:
3647	322.64  Holder of commercial driver's license; driving with
3648	unlawful blood-alcohol level; refusal to submit to breath,
3649	urine, or blood test.--
3650	(1)(a)  A law enforcement officer or correctional officer
3651	shall, on behalf of the department, disqualify from operating
3652	any commercial motor vehicle a person who while operating or in
3653	actual physical control of a commercial motor vehicle is
3654	arrested for a violation of s. 316.193, relating to unlawful
3655	blood-alcohol level or breath-alcohol level, or a person who has
3656	refused to submit to a breath, urine, or blood test authorized
3657	by s. 322.63 arising out of the operation or actual physical
3658	control of a commercial motor vehicle. Upon disqualification of
3659	the person, the officer shall take the person's driver's license
3660	and issue the person a 10-day temporary permit for the operation
3661	of noncommercial vehicles only if the person is otherwise
3662	eligible for the driving privilege and shall issue the person a
3663	notice of disqualification. If the person has been given a
3664	blood, breath, or urine test, the results of which are not
3665	available to the officer at the time of the arrest, the agency
3666	employing the officer shall transmit such results to the
3667	department within 5 days after receipt of the results. If the
3668	department then determines that the person was arrested for a
3669	violation of s. 316.193 and that the person had a blood-alcohol
3670	level or breath-alcohol level of 0.08 or higher, the department
3671	shall disqualify the person from operating a commercial motor
3672	vehicle pursuant to subsection (3).
3673	(b)  The disqualification under paragraph (a) shall be
3674	pursuant to, and the notice of disqualification shall inform the
3675	driver of, the following:
3676	1.a.  The driver refused to submit to a lawful breath,
3677	blood, or urine test and he or she is disqualified from
3678	operating a commercial motor vehicle for a period of 1 year, for
3679	a first refusal, or permanently, if he or she has previously
3680	been disqualified as a result of a refusal to submit to such a
3681	test; or
3682	b.  The driver violated s. 316.193 by driving with an
3683	unlawful blood-alcohol level and he or she is disqualified from
3684	operating a commercial motor vehicle for a period of 6 months
3685	for a first offense or for a period of 1 year if he or she has
3686	previously been disqualified, or his or her driving privilege
3687	has been previously suspended, for a violation of s. 316.193.
3688	2.  The disqualification period for operating commercial
3689	vehicles shall commence on the date of arrest or issuance of
3690	notice of disqualification, whichever is later.
3691	3.  The driver may request a formal or informal review of
3692	the disqualification by the department within 10 days after the
3693	date of arrest or issuance of notice of disqualification,
3694	whichever is later.
3695	4.  The temporary permit issued at the time of arrest or
3696	disqualification will expire at midnight of the 10th day
3697	following the date of disqualification.
3698	5.  The driver may submit to the department any materials
3699	relevant to the arrest.
3700	(2)  Except as provided in paragraph (1)(a), the law
3701	enforcement officer shall forward to the department, within 5
3702	days after the date of the arrest or the issuance of the notice
3703	of disqualification, whichever is later, a copy of the notice of
3704	disqualification, the driver's license of the person arrested,
3705	and a report of the arrest, including, if applicable, an
3706	affidavit stating the officer's grounds for belief that the
3707	person arrested was in violation of s. 316.193; the results of
3708	any breath or blood test or an affidavit stating that a breath,
3709	blood, or urine test was requested by a law enforcement officer
3710	or correctional officer and that the person arrested refused to
3711	submit; a copy of the citation issued to the person arrested;
3712	and the officer's description of the person's field sobriety
3713	test, if any. The failure of the officer to submit materials
3714	within the 5-day period specified in this subsection or
3715	subsection (1) shall not affect the department's ability to
3716	consider any evidence submitted at or prior to the hearing. The
3717	officer may also submit a copy of a videotape of the field
3718	sobriety test or the attempt to administer such test.
3719	(7)  In a formal review hearing under subsection (6) or an
3720	informal review hearing under subsection (4), the hearing
3721	officer shall determine by a preponderance of the evidence
3722	whether sufficient cause exists to sustain, amend, or invalidate
3723	the disqualification. The scope of the review shall be limited
3724	to the following issues:
3725	(a)  If the person was disqualified from operating a
3726	commercial motor vehicle for driving with an unlawful blood-
3727	alcohol level in violation of s. 316.193:
3728	1.  Whether the arresting law enforcement officer had
3729	probable cause to believe that the person was driving or in
3730	actual physical control of a commercial motor vehicle in this
3731	state while he or she had any alcohol, chemical substances, or
3732	controlled substances in his or her body.
3733	2.  Whether the person was placed under lawful arrest for a
3734	violation of s. 316.193.
3735	3.  Whether the person had an unlawful blood-alcohol level
3736	as provided in s. 316.193.
3737	(8)  Based on the determination of the hearing officer
3738	pursuant to subsection (7) for both informal hearings under
3739	subsection (4) and formal hearings under subsection (6), the
3740	department shall:
3741	(b)  Sustain the disqualification for a period of 6 months
3742	for a violation of s. 316.193 or for a period of 1 year if the
3743	person has been previously disqualified from operating a
3744	commercial motor vehicle or his or her driving privilege has
3745	been previously suspended as a result of a violation of s.
3746	316.193. The disqualification period commences on the date of
3747	the arrest or issuance of the notice of disqualification,
3748	whichever is later.
3749	(14)  The decision of the department under this section
3750	shall not be considered in any trial for a violation of s.
3751	316.193, s. 322.61, or s. 322.62, nor shall any written
3752	statement submitted by a person in his or her request for
3753	departmental review under this section be admissible into
3754	evidence against him or her in any such trial. The disposition
3755	of any related criminal proceedings shall not affect a
3756	disqualification imposed pursuant to this section.
3757	(15)  This section does not preclude the suspension of the
3758	driving privilege pursuant to s. 322.2615. The driving privilege
3759	of a person who has been disqualified from operating a
3760	commercial motor vehicle also may be suspended for a violation
3761	of s. 316.193.
3762	Section 77.  For the purpose of incorporating the amendment
3763	made by this act to section 316.193, Florida Statutes, in a
3764	reference thereto, paragraph (f) of subsection (4) of section
3765	323.001, Florida Statutes, is reenacted to read:
3766	323.001  Wrecker operator storage facilities; vehicle
3767	holds.--
3768	(4)  The requirements for a written hold apply when the
3769	following conditions are present:
3770	(f)  The vehicle is impounded or immobilized pursuant to s.
3771	316.193 or s. 322.34; or
3772	Section 78.  For the purpose of incorporating the amendment
3773	made by this act to section 316.193, Florida Statutes, in
3774	references thereto, section 324.023, Florida Statutes, is
3775	reenacted to read:
3776	324.023  Financial responsibility for bodily injury or
3777	death.--In addition to any other financial responsibility
3778	required by law, every owner or operator of a motor vehicle that
3779	is required to be registered in this state, or that is located
3780	within this state, and who, regardless of adjudication of guilt,
3781	has been found guilty of or entered a plea of guilty or nolo
3782	contendere to a charge of driving under the influence under s.
3783	316.193 after October 1, 2007, shall, by one of the methods
3784	established in s. 324.031(1), (2), or (3), establish and
3785	maintain the ability to respond in damages for liability on
3786	account of accidents arising out of the use of a motor vehicle
3787	in the amount of $100,000 because of bodily injury to, or death
3788	of, one person in any one crash and, subject to such limits for
3789	one person, in the amount of $300,000 because of bodily injury
3790	to, or death of, two or more persons in any one crash and in the
3791	amount of $50,000 because of property damage in any one crash.
3792	If the owner or operator chooses to establish and maintain such
3793	ability by posting a bond or furnishing a certificate of deposit
3794	pursuant to s. 324.031(2) or (3), such bond or certificate of
3795	deposit must be in an amount not less than $350,000. Such higher
3796	limits must be carried for a minimum period of 3 years. If the
3797	owner or operator has not been convicted of driving under the
3798	influence or a felony traffic offense for a period of 3 years
3799	from the date of reinstatement of driving privileges for a
3800	violation of s. 316.193, the owner or operator shall be exempt
3801	from this section.
3802	Section 79.  For the purpose of incorporating the amendment
3803	made by this act to section 316.193, Florida Statutes, in a
3804	reference thereto, section 324.131, Florida Statutes, is
3805	reenacted to read:
3806	324.131  Period of suspension.--Such license, registration
3807	and nonresident's operating privilege shall remain so suspended
3808	and shall not be renewed, nor shall any such license or
3809	registration be thereafter issued in the name of such person,
3810	including any such person not previously licensed, unless and
3811	until every such judgment is stayed, satisfied in full or to the
3812	extent of the limits stated in s. 324.021(7) and until the said
3813	person gives proof of financial responsibility as provided in s.
3814	324.031, such proof to be maintained for 3 years. In addition,
3815	if the person's license or registration has been suspended or
3816	revoked due to a violation of s. 316.193 or pursuant to s.
3817	322.26(2), that person shall maintain noncancelable liability
3818	coverage for each motor vehicle registered in his or her name,
3819	as described in s. 627.7275(2), and must present proof that
3820	coverage is in force on a form adopted by the Department of
3821	Highway Safety and Motor Vehicles, such proof to be maintained
3822	for 3 years.
3823	Section 80.  For the purpose of incorporating the amendment
3824	made by this act to section 316.193, Florida Statutes, in a
3825	reference thereto, subsection (6) of section 327.35, Florida
3826	Statutes, is reenacted to read:
3827	327.35  Boating under the influence; penalties; "designated
3828	drivers".--
3829	(6)  With respect to any person convicted of a violation of
3830	subsection (1), regardless of any other penalty imposed:
3831	(a)  For the first conviction, the court shall place the
3832	defendant on probation for a period not to exceed 1 year and, as
3833	a condition of such probation, shall order the defendant to
3834	participate in public service or a community work project for a
3835	minimum of 50 hours. The court must also, as a condition of
3836	probation, order the impoundment or immobilization of the vessel
3837	that was operated by or in the actual control of the defendant
3838	or any one vehicle registered in the defendant's name at the
3839	time of impoundment or immobilization, for a period of 10 days
3840	or for the unexpired term of any lease or rental agreement that
3841	expires within 10 days. The impoundment or immobilization must
3842	not occur concurrently with the incarceration of the defendant.
3843	The impoundment or immobilization order may be dismissed in
3844	accordance with paragraph (e) or paragraph (f). The total period
3845	of probation and incarceration may not exceed 1 year.
3846	(b)  For the second conviction for an offense that occurs
3847	within a period of 5 years after the date of a prior conviction
3848	for violation of this section, the court shall order
3849	imprisonment for not less than 10 days. The court must also, as
3850	a condition of probation, order the impoundment or
3851	immobilization of the vessel that was operated by or in the
3852	actual control of the defendant or any one vehicle registered in
3853	the defendant's name at the time of impoundment or
3854	immobilization, for a period of 30 days or for the unexpired
3855	term of any lease or rental agreement that expires within 30
3856	days. The impoundment or immobilization must not occur
3857	concurrently with the incarceration of the defendant. The
3858	impoundment or immobilization order may be dismissed in
3859	accordance with paragraph (e) or paragraph (f). At least 48
3860	hours of confinement must be consecutive.
3861	(c)  For the third or subsequent conviction for an offense
3862	that occurs within a period of 10 years after the date of a
3863	prior conviction for violation of this section, the court shall
3864	order imprisonment for not less than 30 days. The court must
3865	also, as a condition of probation, order the impoundment or
3866	immobilization of the vessel that was operated by or in the
3867	actual control of the defendant or any one vehicle registered in
3868	the defendant's name at the time of impoundment or
3869	immobilization, for a period of 90 days or for the unexpired
3870	term of any lease or rental agreement that expires within 90
3871	days. The impoundment or immobilization must not occur
3872	concurrently with the incarceration of the defendant. The
3873	impoundment or immobilization order may be dismissed in
3874	accordance with paragraph (e) or paragraph (f). At least 48
3875	hours of confinement must be consecutive.
3876	(d)  The court must at the time of sentencing the defendant
3877	issue an order for the impoundment or immobilization of a
3878	vessel. Within 7 business days after the date that the court
3879	issues the order of impoundment, and once again 30 business days
3880	before the actual impoundment or immobilization of the vessel,
3881	the clerk of the court must send notice by certified mail,
3882	return receipt requested, to the registered owner of each
3883	vessel, if the registered owner is a person other than the
3884	defendant, and to each person of record claiming a lien against
3885	the vessel.
3886	(e)  A person who owns but was not operating the vessel
3887	when the offense occurred may submit to the court a police
3888	report indicating that the vessel was stolen at the time of the
3889	offense or documentation of having purchased the vessel after
3890	the offense was committed from an entity other than the
3891	defendant or the defendant's agent. If the court finds that the
3892	vessel was stolen or that the sale was not made to circumvent
3893	the order and allow the defendant continued access to the
3894	vessel, the order must be dismissed and the owner of the vessel
3895	will incur no costs. If the court denies the request to dismiss
3896	the order of impoundment or immobilization, the petitioner may
3897	request an evidentiary hearing.
3898	(f)  A person who owns but was not operating the vessel
3899	when the offense occurred, and whose vessel was stolen or who
3900	purchased the vessel after the offense was committed directly
3901	from the defendant or the defendant's agent, may request an
3902	evidentiary hearing to determine whether the impoundment or
3903	immobilization should occur. If the court finds that either the
3904	vessel was stolen or the purchase was made without knowledge of
3905	the offense, that the purchaser had no relationship to the
3906	defendant other than through the transaction, and that such
3907	purchase would not circumvent the order and allow the defendant
3908	continued access to the vessel, the order must be dismissed and
3909	the owner of the vessel will incur no costs.
3910	(g)  All costs and fees for the impoundment or
3911	immobilization, including the cost of notification, must be paid
3912	by the owner of the vessel or, if the vessel is leased or
3913	rented, by the person leasing or renting the vessel, unless the
3914	impoundment or immobilization order is dismissed.
3915	(h)  The person who owns a vessel that is impounded or
3916	immobilized under this paragraph, or a person who has a lien of
3917	record against such a vessel and who has not requested a review
3918	of the impoundment pursuant to paragraph (e) or paragraph (f),
3919	may, within 10 days after the date that person has knowledge of
3920	the location of the vessel, file a complaint in the county in
3921	which the owner resides to determine whether the vessel was
3922	wrongfully taken or withheld from the owner or lienholder. Upon
3923	the filing of a complaint, the owner or lienholder may have the
3924	vessel released by posting with the court a bond or other
3925	adequate security equal to the amount of the costs and fees for
3926	impoundment or immobilization, including towing or storage, to
3927	ensure the payment of the costs and fees if the owner or
3928	lienholder does not prevail. When the bond is posted and the fee
3929	is paid as set forth in s. 28.24, the clerk of the court shall
3930	issue a certificate releasing the vessel. At the time of
3931	release, after reasonable inspection, the owner or lienholder
3932	must give a receipt to the towing or storage company indicating
3933	any loss or damage to the vessel or to the contents of the
3934	vessel.
3935	(i)  A defendant, in the court's discretion, may be
3936	required to serve all or any portion of a term of imprisonment
3937	to which the defendant has been sentenced pursuant to this
3938	section in a residential alcoholism treatment program or a
3939	residential drug abuse treatment program. Any time spent in such
3940	a program must be credited by the court toward the term of
3941	imprisonment.
3942
3943	For the purposes of this section, any conviction for a violation
3944	of s. 316.193, a previous conviction for the violation of former
3945	s. 316.1931, former s. 860.01, or former s. 316.028, or a
3946	previous conviction outside this state for driving under the
3947	influence, driving while intoxicated, driving with an unlawful
3948	blood-alcohol level, driving with an unlawful breath-alcohol
3949	level, or any other similar alcohol-related or drug-related
3950	traffic offense, is also considered a previous conviction for
3951	violation of this section.
3952	Section 81.  For the purpose of incorporating the amendment
3953	made by this act to section 316.193, Florida Statutes, in a
3954	reference thereto, subsection (1) of section 337.195, Florida
3955	Statutes, is reenacted to read:
3956	337.195  Limits on liability.--
3957	(1)  In a civil action for the death of or injury to a
3958	person, or for damage to property, against the Department of
3959	Transportation or its agents, consultants, or contractors for
3960	work performed on a highway, road, street, bridge, or other
3961	transportation facility when the death, injury, or damage
3962	resulted from a motor vehicle crash within a construction zone
3963	in which the driver of one of the vehicles was under the
3964	influence of alcoholic beverages as set forth in s. 316.193,
3965	under the influence of any chemical substance as set forth in s.
3966	877.111, or illegally under the influence of any substance
3967	controlled under chapter 893 to the extent that her or his
3968	normal faculties were impaired or that she or he operated a
3969	vehicle recklessly as defined in s. 316.192, it is presumed that
3970	the driver's operation of the vehicle was the sole proximate
3971	cause of her or his own death, injury, or damage. This
3972	presumption can be overcome if the gross negligence or
3973	intentional misconduct of the Department of Transportation, or
3974	of its agents, consultants, or contractors, was a proximate
3975	cause of the driver's death, injury, or damage.
3976	Section 82.  For the purpose of incorporating the amendment
3977	made by this act to section 316.193, Florida Statutes, in a
3978	reference thereto, paragraph (c) of subsection (17) of section
3979	440.02, Florida Statutes, is reenacted to read:
3980	440.02  Definitions.--When used in this chapter, unless the
3981	context clearly requires otherwise, the following terms shall
3982	have the following meanings:
3983	(17)
3984	(c)  "Employment" does not include service performed by or
3985	as:
3986	1.  Domestic servants in private homes.
3987	2.  Agricultural labor performed on a farm in the employ of
3988	a bona fide farmer, or association of farmers, that employs 5 or
3989	fewer regular employees and that employs fewer than 12 other
3990	employees at one time for seasonal agricultural labor that is
3991	completed in less than 30 days, provided such seasonal
3992	employment does not exceed 45 days in the same calendar year.
3993	The term "farm" includes stock, dairy, poultry, fruit, fur-
3994	bearing animals, fish, and truck farms, ranches, nurseries, and
3995	orchards. The term "agricultural labor" includes field foremen,
3996	timekeepers, checkers, and other farm labor supervisory
3997	personnel.
3998	3.  Professional athletes, such as professional boxers,
3999	wrestlers, baseball, football, basketball, hockey, polo, tennis,
4000	jai alai, and similar players, and motorsports teams competing
4001	in a motor racing event as defined in s. 549.08.
4002	4.  Labor under a sentence of a court to perform community
4003	services as provided in s. 316.193.
4004	5.  State prisoners or county inmates, except those
4005	performing services for private employers or those enumerated in
4006	s. 948.036(1).
4007	Section 83.  For the purpose of incorporating the amendment
4008	made by this act to section 316.193, Florida Statutes, in a
4009	reference thereto, paragraph (b) of subsection (7) of section
4010	440.09, Florida Statutes, is reenacted to read:
4011	440.09  Coverage.--
4012	(7)
4013	(b)  If the employee has, at the time of the injury, a
4014	blood alcohol level equal to or greater than the level specified
4015	in s. 316.193, or if the employee has a positive confirmation of
4016	a drug as defined in this act, it is presumed that the injury
4017	was occasioned primarily by the intoxication of, or by the
4018	influence of the drug upon, the employee. If the employer has
4019	implemented a drug-free workplace, this presumption may be
4020	rebutted only by evidence that there is no reasonable hypothesis
4021	that the intoxication or drug influence contributed to the
4022	injury. In the absence of a drug-free workplace program, this
4023	presumption may be rebutted by clear and convincing evidence
4024	that the intoxication or influence of the drug did not
4025	contribute to the injury. Percent by weight of alcohol in the
4026	blood must be based upon grams of alcohol per 100 milliliters of
4027	blood. If the results are positive, the testing facility must
4028	maintain the specimen for a minimum of 90 days. Blood serum may
4029	be used for testing purposes under this chapter; however, if
4030	this test is used, the presumptions under this section do not
4031	arise unless the blood alcohol level is proved to be medically
4032	and scientifically equivalent to or greater than the comparable
4033	blood alcohol level that would have been obtained if the test
4034	were based on percent by weight of alcohol in the blood.
4035	However, if, before the accident, the employer had actual
4036	knowledge of and expressly acquiesced in the employee's presence
4037	at the workplace while under the influence of such alcohol or
4038	drug, the presumptions specified in this subsection do not
4039	apply.
4040	Section 84.  For the purpose of incorporating the amendment
4041	made by this act to section 316.193, Florida Statutes, in a
4042	reference thereto, paragraph (d) of subsection (1) of section
4043	493.6106, Florida Statutes, is reenacted to read:
4044	493.6106  License requirements; posting.--
4045	(1)  Each individual licensed by the department must:
4046	(d)  Not be a chronic and habitual user of alcoholic
4047	beverages to the extent that her or his normal faculties are
4048	impaired; not have been committed under chapter 397, former
4049	chapter 396, or a similar law in any other state; not have been
4050	found to be a habitual offender under s. 856.011(3) or a similar
4051	law in any other state; and not have had two or more convictions
4052	under s. 316.193 or a similar law in any other state within the
4053	3-year period immediately preceding the date the application was
4054	filed, unless the individual establishes that she or he is not
4055	currently impaired and has successfully completed a
4056	rehabilitation course.
4057	Section 85.  For the purpose of incorporating the amendment
4058	made by this act to section 316.193, Florida Statutes, in a
4059	reference thereto, paragraph (a) of subsection (2) of section
4060	627.7275, Florida Statutes, is reenacted to read:
4061	627.7275  Motor vehicle liability.--
4062	(2)(a)  Insurers writing motor vehicle insurance in this
4063	state shall make available, subject to the insurers' usual
4064	underwriting restrictions:
4065	1.  Coverage under policies as described in subsection (1)
4066	to any applicant for private passenger motor vehicle insurance
4067	coverage who is seeking the coverage in order to reinstate the
4068	applicant's driving privileges in this state when the driving
4069	privileges were revoked or suspended pursuant to s. 316.646 or
4070	s. 324.0221 due to the failure of the applicant to maintain
4071	required security.
4072	2.  Coverage under policies as described in subsection (1),
4073	which also provides liability coverage for bodily injury, death,
4074	and property damage arising out of the ownership, maintenance,
4075	or use of the motor vehicle in an amount not less than the
4076	limits described in s. 324.021(7) and conforms to the
4077	requirements of s. 324.151, to any applicant for private
4078	passenger motor vehicle insurance coverage who is seeking the
4079	coverage in order to reinstate the applicant's driving
4080	privileges in this state after such privileges were revoked or
4081	suspended under s. 316.193 or s. 322.26(2) for driving under the
4082	influence.
4083	Section 86.  For the purpose of incorporating the amendment
4084	made by this act to section 316.193, Florida Statutes, in a
4085	reference thereto, subsection (4) of section 627.758, Florida
4086	Statutes, is reenacted to read:
4087	627.758  Surety on auto club traffic arrest bond;
4088	conditions, limit; bail bond.--
4089	(4)  Notwithstanding the provisions of s. 626.311 or
4090	chapter 648, any surety insurer identified in a guaranteed
4091	traffic arrest bond certificate or any licensed general lines
4092	agent of the surety insurer may execute a bail bond for the
4093	automobile club or association member identified in the
4094	guaranteed traffic arrest bond certificate in an amount not in
4095	excess of $5,000 for any violation of chapter 316 or any similar
4096	traffic law or ordinance except for driving under the influence
4097	of alcoholic beverages, chemical substances, or controlled
4098	substances, as prohibited by s. 316.193.
4099	Section 87.  For the purpose of incorporating the amendment
4100	made by this act to section 316.193, Florida Statutes, in
4101	references thereto, paragraph (f) of subsection (2) and
4102	paragraph (f) of subsection (10) of section 790.06, Florida
4103	Statutes, are reenacted to read:
4104	790.06  License to carry concealed weapon or firearm.--
4105	(2)  The Department of Agriculture and Consumer Services
4106	shall issue a license if the applicant:
4107	(f)  Does not chronically and habitually use alcoholic
4108	beverages or other substances to the extent that his or her
4109	normal faculties are impaired. It shall be presumed that an
4110	applicant chronically and habitually uses alcoholic beverages or
4111	other substances to the extent that his or her normal faculties
4112	are impaired if the applicant has been committed under chapter
4113	397 or under the provisions of former chapter 396 or has been
4114	convicted under s. 790.151 or has been deemed a habitual
4115	offender under s. 856.011(3), or has had two or more convictions
4116	under s. 316.193 or similar laws of any other state, within the
4117	3-year period immediately preceding the date on which the
4118	application is submitted;
4119	(10)  A license issued under this section shall be
4120	suspended or revoked pursuant to chapter 120 if the licensee:
4121	(f)  Is convicted of a second violation of s. 316.193, or a
4122	similar law of another state, within 3 years of a previous
4123	conviction of such section, or similar law of another state,
4124	even though the first violation may have occurred prior to the
4125	date on which the application was submitted;
4126	Section 88.  For the purpose of incorporating the amendment
4127	made by this act to section 316.193, Florida Statutes, in a
4128	reference thereto, subsection (2) of section 903.36, Florida
4129	Statutes, is reenacted to read:
4130	903.36  Guaranteed arrest bond certificates as cash bail.--
4131	(2)  The execution of a bail bond by a licensed general
4132	lines agent of a surety insurer for the automobile club or
4133	association member identified in the guaranteed traffic arrest
4134	bond certificate, as provided in s. 627.758(4), shall be
4135	accepted as bail in an amount not to exceed $5,000 for the
4136	appearance of the person named in the certificate in any court
4137	to answer for the violation of a provision of chapter 316 or a
4138	similar traffic law or ordinance, except driving under the
4139	influence of alcoholic beverages, chemical substances, or
4140	controlled substances, as prohibited by s. 316.193. Presentation
4141	of the guaranteed traffic arrest bond certificate and a power of
4142	attorney from the surety insurer for its licensed general lines
4143	agents is authorization for such agent to execute the bail bond.
4144	Section 89.  For the purpose of incorporating the amendment
4145	made by this act to section 316.193, Florida Statutes, in
4146	references thereto, paragraph (c) of subsection (4) of section
4147	907.041, Florida Statutes, is reenacted to read:
4148	907.041  Pretrial detention and release.--
4149	(4)  PRETRIAL DETENTION.--
4150	(c)  The court may order pretrial detention if it finds a
4151	substantial probability, based on a defendant's past and present
4152	patterns of behavior, the criteria in s. 903.046, and any other
4153	relevant facts, that any of the following circumstances exists:
4154	1.  The defendant has previously violated conditions of
4155	release and that no further conditions of release are reasonably
4156	likely to assure the defendant's appearance at subsequent
4157	proceedings;
4158	2.  The defendant, with the intent to obstruct the judicial
4159	process, has threatened, intimidated, or injured any victim,
4160	potential witness, juror, or judicial officer, or has attempted
4161	or conspired to do so, and that no condition of release will
4162	reasonably prevent the obstruction of the judicial process;
4163	3.  The defendant is charged with trafficking in controlled
4164	substances as defined by s. 893.135, that there is a substantial
4165	probability that the defendant has committed the offense, and
4166	that no conditions of release will reasonably assure the
4167	defendant's appearance at subsequent criminal proceedings; or
4168	4.  The defendant is charged with DUI manslaughter, as
4169	defined by s. 316.193, and that there is a substantial
4170	probability that the defendant committed the crime and that the
4171	defendant poses a threat of harm to the community; conditions
4172	that would support a finding by the court pursuant to this
4173	subparagraph that the defendant poses a threat of harm to the
4174	community include, but are not limited to, any of the following:
4175	a.  The defendant has previously been convicted of any
4176	crime under s. 316.193, or of any crime in any other state or
4177	territory of the United States that is substantially similar to
4178	any crime under s. 316.193;
4179	b.  The defendant was driving with a suspended driver's
4180	license when the charged crime was committed; or
4181	c.  The defendant has previously been found guilty of, or
4182	has had adjudication of guilt withheld for, driving while the
4183	defendant's driver's license was suspended or revoked in
4184	violation of s. 322.34;
4185	5.  The defendant poses the threat of harm to the
4186	community. The court may so conclude, if it finds that the
4187	defendant is presently charged with a dangerous crime, that
4188	there is a substantial probability that the defendant committed
4189	such crime, that the factual circumstances of the crime indicate
4190	a disregard for the safety of the community, and that there are
4191	no conditions of release reasonably sufficient to protect the
4192	community from the risk of physical harm to persons.
4193	6.  The defendant was on probation, parole, or other
4194	release pending completion of sentence or on pretrial release
4195	for a dangerous crime at the time the current offense was
4196	committed; or
4197	7.  The defendant has violated one or more conditions of
4198	pretrial release or bond for the offense currently before the
4199	court and the violation, in the discretion of the court,
4200	supports a finding that no conditions of release can reasonably
4201	protect the community from risk of physical harm to persons or
4202	assure the presence of the accused at trial.
4203	Section 90.  Subsection (1) of section 120.52, Florida
4204	Statutes, is amended to read:
4205	120.52  Definitions.--As used in this act:
4206	(1)  "Agency" means:
4207	(a)  The Governor in the exercise of all executive powers
4208	other than those derived from the constitution.
4209	(b)  Each:
4210	1.  State officer and state department, and each
4211	departmental unit described in s. 20.04.
4212	2.  Authority, including a regional water supply authority.
4213	3.  Board, including the Board of Governors of the State
4214	University System and a state university board of trustees when
4215	acting pursuant to statutory authority derived from the
4216	Legislature.
4217	4.  Commission, including the Commission on Ethics and the
4218	Fish and Wildlife Conservation Commission when acting pursuant
4219	to statutory authority derived from the Legislature.
4220	5.  Regional planning agency.
4221	6.  Multicounty special district with a majority of its
4222	governing board comprised of nonelected persons.
4223	7.  Educational units.
4224	8.  Entity described in chapters 163, 373, 380, and 582 and
4225	s. 186.504.
4226	(c)  Each other unit of government in the state, including
4227	counties and municipalities, to the extent they are expressly
4228	made subject to this act by general or special law or existing
4229	judicial decisions.
4230
4231	This definition does not include any legal entity or agency
4232	created in whole or in part pursuant to chapter 361, part II,
4233	any metropolitan planning organization created pursuant to s.
4234	339.175, any separate legal or administrative entity created
4235	pursuant to s. 339.175 of which a metropolitan planning
4236	organization is a member, an expressway authority pursuant to
4237	chapter 348 or any transportation authority under chapter 343 or
4238	chapter 349, any legal or administrative entity created by an
4239	interlocal agreement pursuant to s. 163.01(7), unless any party
4240	to such agreement is otherwise an agency as defined in this
4241	subsection, or any multicounty special district with a majority
4242	of its governing board comprised of elected persons; however,
4243	this definition shall include a regional water supply authority.
4244	Section 91.  Except as otherwise expressly provided in this
4245	act, this act shall take effect upon becoming a law.

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