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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 52-53

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and insert:

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Section 1.  Paragraph (h) of subsection (2) of section

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20.23, Florida Statutes, is amended to read:

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     20.23  Department of Transportation.--There is created a

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Department of Transportation which shall be a decentralized

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agency.

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     (2)

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     (h)  The commission shall appoint an executive director and

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assistant executive director, who shall serve under the

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direction, supervision, and control of the commission. The

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executive director, with the consent of the commission, shall

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employ such staff as are necessary to perform adequately the

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functions of the commission, within budgetary limitations. All

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employees of the commission are exempt from part II of chapter

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110 and shall serve at the pleasure of the commission. The salary

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and benefits of the executive director shall be set in accordance

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with the Senior Management Service. The salaries and benefits of

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all other employees of the commission shall be set in accordance

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with the Selected Exempt Service; provided, however, that the

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commission has shall have complete authority for fixing the

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salary of the executive director and assistant executive

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director.

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     Section 2.  Paragraphs (a), (h), and (j) of subsection (6)

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of section 163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02; and, in rural communities, the need

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for job creation, capital investment, and economic development

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that will strengthen and diversify the community's economy. The

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future land use plan may designate areas for future planned

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development use involving combinations of types of uses for which

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special regulations may be necessary to ensure development in

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accord with the principles and standards of the comprehensive

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plan and this act. The future land use plan element shall include

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criteria to be used to achieve the compatibility of adjacent or

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closely proximate lands with military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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future land use plan of a county may also designate areas for

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of lands adjacent to an airport as defined in s.

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330.35 and consistent with provisions in s. 333.02 adjacent or

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closely proximate lands with existing military installations in

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their future land use plan element shall transmit the update or

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amendment to the state land planning agency department by June

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30, 2010 2006.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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the county, adjacent counties, or the region, with the state

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comprehensive plan and with the applicable regional water supply

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plan approved pursuant to s. 373.0361, as the case may require

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and as such adopted plans or plans in preparation may exist. This

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element of the local comprehensive plan shall demonstrate

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consideration of the particular effects of the local plan, when

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adopted, upon the development of adjacent municipalities, the

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county, adjacent counties, or the region, or upon the state

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30, and airport master plans pursuant to paragraph (k).

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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pursuant to s. 186.509 for bringing to closure in a timely manner

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     d. The intergovernmental coordination element shall provide

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for interlocal agreements, as established pursuant to s.

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333.03(1)(b).

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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and identity are established in an agreement. Within 1 year of

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a.  Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b.  Plan amendments that comply with this subparagraph are

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exempt from the provisions of s. 163.3187(1).

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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to implement subparagraphs 1., 2., and 3. from all jurisdictions

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so as to accomplish their adoption by December 31, 1999. A local

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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     6.  By January 1, 2004, any county having a population

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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sewer; public safety; solid waste; drainage; potable water; parks

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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     7.  Within 6 months after submission of the report, the

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Department of Community Affairs shall, through the appropriate

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regional planning council, coordinate a meeting of all local

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governments within the regional planning area to discuss the

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reports and potential strategies to remedy any identified

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deficiencies or duplications.

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     8.  Each local government shall update its intergovernmental

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coordination element based upon the findings in the report

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submitted pursuant to subparagraph 6. The report may be used as

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supporting data and analysis for the intergovernmental

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coordination element.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports that includes areas

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defined in s. 333.01 and s. 333.02.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     Section 3.  Paragraph (c) is added to subsection (2) of

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section 163.3182, Florida Statutes, and paragraph (d) of

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subsection (3), paragraph (a) of subsection (4), and subsections

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(5) and (8) of that section are amended, to read:

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     163.3182  Transportation concurrency backlogs.--

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     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITIES.--

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     (c) The Legislature finds and declares that there exists in

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many counties and municipalities areas with significant

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transportation deficiencies and inadequate transportation

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facilities; that many such insufficiencies and inadequacies

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severely limit or prohibit the satisfaction of transportation

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concurrency standards; that such transportation insufficiencies

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and inadequacies affect the health, safety, and welfare of the

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residents of such counties and municipalities; that such

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transportation insufficiencies and inadequacies adversely affect

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economic development and growth of the tax base for the areas in

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which such insufficiencies and inadequacies exist; and that the

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elimination of transportation deficiencies and inadequacies and

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the satisfaction of transportation concurrency standards are

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paramount public purposes for the state and its counties and

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municipalities.

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     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITY.--Each transportation concurrency backlog authority has

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the powers necessary or convenient to carry out the purposes of

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this section, including the following powers in addition to

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others granted in this section:

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     (d) To borrow money, including, but not limited to, issuing

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debt obligations, such as, but not limited to, bonds, notes,

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certificates, and similar debt instruments; to apply for and

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accept advances, loans, grants, contributions, and any other

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forms of financial assistance from the Federal Government or the

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state, county, or any other public body or from any sources,

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public or private, for the purposes of this part; to give such

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security as may be required; to enter into and carry out

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contracts or agreements; and to include in any contracts for

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financial assistance with the Federal Government for or with

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respect to a transportation concurrency backlog project and

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related activities such conditions imposed pursuant to federal

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laws as the transportation concurrency backlog authority

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considers reasonable and appropriate and which are not

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inconsistent with the purposes of this section.

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     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

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     (a)  Each transportation concurrency backlog authority shall

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adopt a transportation concurrency backlog plan as a part of the

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local government comprehensive plan within 6 months after the

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creation of the authority. The plan shall:

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     1.  Identify all transportation facilities that have been

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designated as deficient and require the expenditure of moneys to

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upgrade, modify, or mitigate the deficiency.

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     2.  Include a priority listing of all transportation

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facilities that have been designated as deficient and do not

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satisfy concurrency requirements pursuant to s. 163.3180, and the

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applicable local government comprehensive plan.

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     3.  Establish a schedule for financing and construction of

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transportation concurrency backlog projects that will eliminate

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transportation concurrency backlogs within the jurisdiction of

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the authority within 10 years after the transportation

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concurrency backlog plan adoption. The schedule shall be adopted

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as part of the local government comprehensive plan.

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Notwithstanding such schedule requirements, as long as the

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schedule provides for the elimination of all transportation

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concurrency backlogs within 10 years after the adoption of the

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concurrency backlog plan, the final maturity date of any debt

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incurred to finance or refinance the related projects may be no

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later than 40 years after the date such debt is incurred and the

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authority may continue operations and administer the trust fund

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established as provided in subsection (5) for as long as such

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debt remains outstanding.

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     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation

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concurrency backlog authority shall establish a local

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transportation concurrency backlog trust fund upon creation of

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the authority. Each local trust fund shall be administered by the

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transportation concurrency backlog authority within which a

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transportation concurrency backlog has been identified. Each

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local trust fund shall continue to be funded pursuant to this

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section for as long as the projects set forth in the related

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transportation concurrency backlog plan remain to be completed or

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until any debt incurred to finance or refinance the related

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projects are no longer outstanding, whichever occurs later.

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Beginning in the first fiscal year after the creation of the

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authority, each local trust fund shall be funded by the proceeds

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of an ad valorem tax increment collected within each

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transportation concurrency backlog area to be determined annually

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and shall be a minimum of 25 percent of the difference between

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the amounts set forth in paragraphs (a) and (b), except that if

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all of the affected taxing authorities agree pursuant to an

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interlocal agreement, a particular local trust fund may be funded

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by the proceeds of an ad valorem tax increment greater than 25

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percent of the difference between the amounts set forth in

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paragraphs (a) and (b):

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     (a)  The amount of ad valorem tax levied each year by each

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taxing authority, exclusive of any amount from any debt service

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millage, on taxable real property contained within the

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jurisdiction of the transportation concurrency backlog authority

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and within the transportation backlog area; and

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     (b)  The amount of ad valorem taxes which would have been

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produced by the rate upon which the tax is levied each year by or

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for each taxing authority, exclusive of any debt service millage,

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upon the total of the assessed value of the taxable real property

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within the transportation concurrency backlog area as shown on

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the most recent assessment roll used in connection with the

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taxation of such property of each taxing authority prior to the

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effective date of the ordinance funding the trust fund.

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     (8)  DISSOLUTION.--Upon completion of all transportation

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concurrency backlog projects and repayment or defeasance of all

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debt issued to finance or refinance such projects, a

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transportation concurrency backlog authority shall be dissolved,

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and its assets and liabilities shall be transferred to the county

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or municipality within which the authority is located. All

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remaining assets of the authority must be used for implementation

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of transportation projects within the jurisdiction of the

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authority. The local government comprehensive plan shall be

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amended to remove the transportation concurrency backlog plan.

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     Section 4.  Section 316.0741, Florida Statutes, is amended

365

to read:

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     316.0741 High-occupancy-vehicle High occupancy vehicle

367

lanes.--

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     (1) As used in this section, the term:

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     (a) "High-occupancy-vehicle High occupancy vehicle lane" or

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"HOV lane" means a lane of a public roadway designated for use by

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vehicles in which there is more than one occupant unless

372

otherwise authorized by federal law.

373

     (b) "Hybrid vehicle" means a motor vehicle:

374

     1. That draws propulsion energy from onboard sources of

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stored energy which are both an internal combustion or heat

376

engine using combustible fuel and a rechargeable energy-storage

377

system; and

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     2. That, in the case of a passenger automobile or light

379

truck, has received a certificate of conformity under the Clean

380

Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the

381

equivalent qualifying California standards for a low-emission

382

vehicle.

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     (2)  The number of persons that must be in a vehicle to

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qualify for legal use of the HOV lane and the hours during which

385

the lane will serve as an HOV lane, if it is not designated as

386

such on a full-time basis, must also be indicated on a traffic

387

control device.

388

     (3) Except as provided in subsection (4), a vehicle may not

389

be driven in an HOV lane if the vehicle is occupied by fewer than

390

the number of occupants indicated by a traffic control device. A

391

driver who violates this section shall be cited for a moving

392

violation, punishable as provided in chapter 318.

393

     (4)(a) Notwithstanding any other provision of this section,

394

an inherently low-emission vehicle (ILEV) that is certified and

395

labeled in accordance with federal regulations may be driven in

396

an HOV lane at any time, regardless of its occupancy. In

397

addition, upon the state's receipt of written notice from the

398

proper federal regulatory agency authorizing such use, a vehicle

399

defined as a hybrid vehicle under this section may be driven in

400

an HOV lane at any time, regardless of its occupancy.

401

     (b) All eligible hybrid and all eligible other low-emission

402

and energy-efficient vehicles driven in an HOV lane must comply

403

with the minimum fuel economy standards in 23 U.S.C. s.

404

166(f)(3)(B).

405

     (c) Upon issuance of the applicable Environmental

406

Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),

407

relating to the eligibility of hybrid and other low-emission and

408

energy-efficient vehicles for operation in an HOV lane regardless

409

of occupancy, the Department of Transportation shall review the

410

rule and recommend to the Legislature any statutory changes

411

necessary for compliance with the federal rule. The department

412

shall provide its recommendations no later than 30 days following

413

issuance of the final rule.

414

     (5) The department shall issue a decal and registration

415

certificate, to be renewed annually, reflecting the HOV lane

416

designation on such vehicles meeting the criteria in subsection

417

(4) authorizing driving in an HOV lane at any time such use. The

418

department may charge a fee for a decal, not to exceed the costs

419

of designing, producing, and distributing each decal, or $5,

420

whichever is less. The proceeds from sale of the decals shall be

421

deposited in the Highway Safety Operating Trust Fund. The

422

department may, for reasons of operation and management of HOV

423

facilities, limit or discontinue issuance of decals for the use

424

of HOV facilities by hybrid and low-emission and energy-efficient

425

vehicles, regardless of occupancy, if it has been determined by

426

the Department of Transportation that the facilities are degraded

427

as defined by 23 U.S.C. s. 166(d)(2).

428

     (6) Vehicles having decals by virtue of compliance with the

429

minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),

430

and which are registered for use in high-occupancy toll lanes or

431

express lanes in accordance with Department of Transportation

432

rule, shall be allowed to use any HOV lanes redesignated as high-

433

occupancy toll lanes or express lanes without payment of a toll.

434

     (5) As used in this section, the term "hybrid vehicle"

435

means a motor vehicle:

436

     (a) That draws propulsion energy from onboard sources of

437

stored energy which are both:

438

     1. An internal combustion or heat engine using combustible

439

fuel; and

440

     2. A rechargeable energy storage system; and

441

     (b) That, in the case of a passenger automobile or light

442

truck:

443

     1. Has received a certificate of conformity under the Clean

444

Air Act, 42 U.S.C. ss. 7401 et seq.; and

445

     2. Meets or exceeds the equivalent qualifying California

446

standards for a low-emission vehicle.

447

     (7)(6) The department may adopt rules necessary to

448

administer this section.

449

     Section 5.  Subsection (4) of section 316.193, Florida

450

Statutes, is amended to read:

451

     316.193  Driving under the influence; penalties.--

452

     (4)  Any person who is convicted of a violation of

453

subsection (1) and who has a blood-alcohol level or breath-

454

alcohol level of 0.15 0.20 or higher, or any person who is

455

convicted of a violation of subsection (1) and who at the time of

456

the offense was accompanied in the vehicle by a person under the

457

age of 18 years, shall be punished:

458

     (a)  By a fine of:

459

     1.  Not less than $500 or more than $1,000 for a first

460

conviction.

461

     2.  Not less than $1,000 or more than $2,000 for a second

462

conviction.

463

     3.  Not less than $2,000 for a third or subsequent

464

conviction.

465

     (b)  By imprisonment for:

466

     1.  Not more than 9 months for a first conviction.

467

     2.  Not more than 12 months for a second conviction.

468

469

For the purposes of this subsection, only the instant offense is

470

required to be a violation of subsection (1) by a person who has

471

a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

472

higher.

473

     (c)  In addition to the penalties in paragraphs (a) and (b),

474

the court shall order the mandatory placement, at the convicted

475

person's sole expense, of an ignition interlock device approved

476

by the department in accordance with s. 316.1938 upon all

477

vehicles that are individually or jointly leased or owned and

478

routinely operated by the convicted person for not less than up

479

to 6 continuous months for the first offense and for not less

480

than at least 2 continuous years for a second offense, when the

481

convicted person qualifies for a permanent or restricted license.

482

The installation of such device may not occur before July 1,

483

2003.

484

     Section 6.  Subsections (1), (6), and (8) of section

485

316.302, Florida Statutes, are amended to read:

486

     316.302  Commercial motor vehicles; safety regulations;

487

transporters and shippers of hazardous materials; enforcement.--

488

     (1)(a)  All owners and drivers of commercial motor vehicles

489

that are operated on the public highways of this state while

490

engaged in interstate commerce are subject to the rules and

491

regulations contained in 49 C.F.R. parts 382, 385, and 390-397.

492

     (b)  Except as otherwise provided in this section, all

493

owners or drivers of commercial motor vehicles that are engaged

494

in intrastate commerce are subject to the rules and regulations

495

contained in 49 C.F.R. parts 382, 385, and 390-397, with the

496

exception of 49 C.F.R. s. 390.5 as it relates to the definition

497

of bus, as such rules and regulations existed on October 1, 2007

498

2005.

499

     (c)  Except as provided in s. 316.215(5), and except as

500

provided in s. 316.228 for rear overhang lighting and flagging

501

requirements for intrastate operations, the requirements of this

502

section supersede all other safety requirements of this chapter

503

for commercial motor vehicles.

504

     (6)  The state Department of Transportation shall perform

505

the duties that are assigned to the Field Administrator, Federal

506

Motor Carrier Safety Administration Regional Federal Highway

507

Administrator under the federal rules, and an agent of that

508

department, as described in s. 316.545(9), may enforce those

509

rules.

510

     (8)  For the purpose of enforcing this section, any law

511

enforcement officer of the Department of Transportation or duly

512

appointed agent who holds a current safety inspector

513

certification from the Commercial Vehicle Safety Alliance may

514

require the driver of any commercial vehicle operated on the

515

highways of this state to stop and submit to an inspection of the

516

vehicle or the driver's records. If the vehicle or driver is

517

found to be operating in an unsafe condition, or if any required

518

part or equipment is not present or is not in proper repair or

519

adjustment, and the continued operation would present an unduly

520

hazardous operating condition, the officer may require the

521

vehicle or the driver to be removed from service pursuant to the

522

North American Standard Uniform Out-of-Service Criteria, until

523

corrected. However, if continuous operation would not present an

524

unduly hazardous operating condition, the officer may give

525

written notice requiring correction of the condition within 14

526

days.

527

     (a)  Any member of the Florida Highway Patrol or any law

528

enforcement officer employed by a sheriff's office or municipal

529

police department authorized to enforce the traffic laws of this

530

state pursuant to s. 316.640 who has reason to believe that a

531

vehicle or driver is operating in an unsafe condition may, as

532

provided in subsection (10), enforce the provisions of this

533

section.

534

     (b)  Any person who fails to comply with an officer's

535

request to submit to an inspection under this subsection commits

536

a violation of s. 843.02 if the person resists the officer

537

without violence or a violation of s. 843.01 if the person

538

resists the officer with violence.

539

     Section 7.  Subsection (2) of section 316.613, Florida

540

Statutes, is amended to read:

541

     316.613  Child restraint requirements.--

542

     (2)  As used in this section, the term "motor vehicle" means

543

a motor vehicle as defined in s. 316.003 which that is operated

544

on the roadways, streets, and highways of the state. The term

545

does not include:

546

     (a)  A school bus as defined in s. 316.003(45).

547

     (b)  A bus used for the transportation of persons for

548

compensation, other than a bus regularly used to transport

549

children to or from school, as defined in s. 316.615(1) (b), or

550

in conjunction with school activities.

551

     (c)  A farm tractor or implement of husbandry.

552

     (d) A truck having a gross vehicle weight rating of more

553

than 26,000 of net weight of more than 5,000 pounds.

554

     (e)  A motorcycle, moped, or bicycle.

555

     Section 8.  Paragraph (a) of subsection (3) of section

556

316.614, Florida Statutes, is amended to read:

557

     316.614  Safety belt usage.--

558

     (3)  As used in this section:

559

     (a)  "Motor vehicle" means a motor vehicle as defined in s.

560

316.003 which that is operated on the roadways, streets, and

561

highways of this state. The term does not include:

562

     1.  A school bus.

563

     2.  A bus used for the transportation of persons for

564

compensation.

565

     3.  A farm tractor or implement of husbandry.

566

     4. A truck having a gross vehicle weight rating of more

567

than 26,000 of a net weight of more than 5,000 pounds.

568

     5.  A motorcycle, moped, or bicycle.

569

     Section 9.  Paragraph (a) of subsection (2) of section

570

316.656, Florida Statutes, is amended to read:

571

     316.656  Mandatory adjudication; prohibition against

572

accepting plea to lesser included offense.--

573

     (2)(a)  No trial judge may accept a plea of guilty to a

574

lesser offense from a person charged under the provisions of this

575

act who has been given a breath or blood test to determine blood

576

or breath alcohol content, the results of which show a blood or

577

breath alcohol content by weight of 0.15 0.20 percent or more.

578

     Section 10.  Section 322.64, Florida Statutes, is amended to

579

read:

580

     322.64 Holder of commercial driver's license; persons

581

operating a commercial motor vehicle; driving with unlawful

582

blood-alcohol level; refusal to submit to breath, urine, or blood

583

test.--

584

     (1)(a)  A law enforcement officer or correctional officer

585

shall, on behalf of the department, disqualify from operating any

586

commercial motor vehicle a person who while operating or in

587

actual physical control of a commercial motor vehicle is arrested

588

for a violation of s. 316.193, relating to unlawful blood-alcohol

589

level or breath-alcohol level, or a person who has refused to

590

submit to a breath, urine, or blood test authorized by s. 322.63

591

arising out of the operation or actual physical control of a

592

commercial motor vehicle. A law enforcement officer or

593

correctional officer shall, on behalf of the department,

594

disqualify the holder of a commercial driver's license from

595

operating any commercial motor vehicle if the licenseholder,

596

while operating or in actual physical control of a motor vehicle,

597

is arrested for a violation of s. 316.193, relating to unlawful

598

blood-alcohol level or breath-alcohol level, or refused to submit

599

to a breath, urine, or blood test authorized by s. 322.63. Upon

600

disqualification of the person, the officer shall take the

601

person's driver's license and issue the person a 10-day temporary

602

permit for the operation of noncommercial vehicles only if the

603

person is otherwise eligible for the driving privilege and shall

604

issue the person a notice of disqualification. If the person has

605

been given a blood, breath, or urine test, the results of which

606

are not available to the officer at the time of the arrest, the

607

agency employing the officer shall transmit such results to the

608

department within 5 days after receipt of the results. If the

609

department then determines that the person was arrested for a

610

violation of s. 316.193 and that the person had a blood-alcohol

611

level or breath-alcohol level of 0.08 or higher, the department

612

shall disqualify the person from operating a commercial motor

613

vehicle pursuant to subsection (3).

614

     (b)  The disqualification under paragraph (a) shall be

615

pursuant to, and the notice of disqualification shall inform the

616

driver of, the following:

617

     1.a.  The driver refused to submit to a lawful breath,

618

blood, or urine test and he or she is disqualified from operating

619

a commercial motor vehicle for a period of 1 year, for a first

620

refusal, or permanently, if he or she has previously been

621

disqualified as a result of a refusal to submit to such a test;

622

or

623

     b. The driver was driving or in actual physical control of

624

a commercial motor vehicle, or any motor vehicle if the driver

625

holds a commercial driver's license, had an unlawful blood-

626

alcohol level or breath-alcohol level of 0.08 or higher, and his

627

or her driving privilege shall be disqualified for a period of 1

628

year for a first offense or permanently if his or her driving

629

privilege has been previously disqualified under this section.

630

violated s. 316.193 by driving with an unlawful blood-alcohol

631

level and he or she is disqualified from operating a commercial

632

motor vehicle for a period of 6 months for a first offense or for

633

a period of 1 year if he or she has previously been disqualified,

634

or his or her driving privilege has been previously suspended,

635

for a violation of s. 316.193.

636

     2.  The disqualification period for operating commercial

637

vehicles shall commence on the date of arrest or issuance of the

638

notice of disqualification, whichever is later.

639

     3.  The driver may request a formal or informal review of

640

the disqualification by the department within 10 days after the

641

date of arrest or issuance of the notice of disqualification,

642

whichever is later.

643

     4. The temporary permit issued at the time of arrest or

644

disqualification expires will expire at midnight of the 10th day

645

following the date of disqualification.

646

     5.  The driver may submit to the department any materials

647

relevant to the disqualification arrest.

648

     (2)  Except as provided in paragraph (1)(a), the law

649

enforcement officer shall forward to the department, within 5

650

days after the date of the arrest or the issuance of the notice

651

of disqualification, whichever is later, a copy of the notice of

652

disqualification, the driver's license of the person disqualified

653

arrested, and a report of the arrest, including, if applicable,

654

an affidavit stating the officer's grounds for belief that the

655

person disqualified arrested was operating or in actual physical

656

control of a commercial motor vehicle, or holds a commercial

657

driver's license, and had an unlawful blood-alcohol or breath-

658

alcohol level in violation of s. 316.193; the results of any

659

breath or blood or urine test or an affidavit stating that a

660

breath, blood, or urine test was requested by a law enforcement

661

officer or correctional officer and that the person arrested

662

refused to submit; a copy of the notice of disqualification

663

citation issued to the person arrested; and the officer's

664

description of the person's field sobriety test, if any. The

665

failure of the officer to submit materials within the 5-day

666

period specified in this subsection or subsection (1) does shall

667

not affect the department's ability to consider any evidence

668

submitted at or prior to the hearing. The officer may also submit

669

a copy of a videotape of the field sobriety test or the attempt

670

to administer such test and a copy of the crash report, if any.

671

     (3)  If the department determines that the person arrested

672

should be disqualified from operating a commercial motor vehicle

673

pursuant to this section and if the notice of disqualification

674

has not already been served upon the person by a law enforcement

675

officer or correctional officer as provided in subsection (1),

676

the department shall issue a notice of disqualification and,

677

unless the notice is mailed pursuant to s. 322.251, a temporary

678

permit which expires 10 days after the date of issuance if the

679

driver is otherwise eligible.

680

     (4) If the person disqualified arrested requests an

681

informal review pursuant to subparagraph (1)(b)3., the department

682

shall conduct the informal review by a hearing officer employed

683

by the department. Such informal review hearing shall consist

684

solely of an examination by the department of the materials

685

submitted by a law enforcement officer or correctional officer

686

and by the person disqualified arrested, and the presence of an

687

officer or witness is not required.

688

     (5)  After completion of the informal review, notice of the

689

department's decision sustaining, amending, or invalidating the

690

disqualification must be provided to the person. Such notice must

691

be mailed to the person at the last known address shown on the

692

department's records, and to the address provided in the law

693

enforcement officer's report if such address differs from the

694

address of record, within 21 days after the expiration of the

695

temporary permit issued pursuant to subsection (1) or subsection

696

(3).

697

     (6)(a) If the person disqualified arrested requests a

698

formal review, the department must schedule a hearing to be held

699

within 30 days after such request is received by the department

700

and must notify the person of the date, time, and place of the

701

hearing.

702

     (b)  Such formal review hearing shall be held before a

703

hearing officer employed by the department, and the hearing

704

officer shall be authorized to administer oaths, examine

705

witnesses and take testimony, receive relevant evidence, issue

706

subpoenas for the officers and witnesses identified in documents

707

as provided in subsection (2), regulate the course and conduct of

708

the hearing, and make a ruling on the disqualification. The

709

department and the person disqualified arrested may subpoena

710

witnesses, and the party requesting the presence of a witness

711

shall be responsible for the payment of any witness fees. If the

712

person who requests a formal review hearing fails to appear and

713

the hearing officer finds such failure to be without just cause,

714

the right to a formal hearing is waived and the department shall

715

conduct an informal review of the disqualification under

716

subsection (4).

717

     (c)  A party may seek enforcement of a subpoena under

718

paragraph (b) by filing a petition for enforcement in the circuit

719

court of the judicial circuit in which the person failing to

720

comply with the subpoena resides. A failure to comply with an

721

order of the court shall result in a finding of contempt of

722

court. However, a person shall not be in contempt while a

723

subpoena is being challenged.

724

     (d)  The department must, within 7 days after a formal

725

review hearing, send notice to the person of the hearing

726

officer's decision as to whether sufficient cause exists to

727

sustain, amend, or invalidate the disqualification.

728

     (7)  In a formal review hearing under subsection (6) or an

729

informal review hearing under subsection (4), the hearing officer

730

shall determine by a preponderance of the evidence whether

731

sufficient cause exists to sustain, amend, or invalidate the

732

disqualification. The scope of the review shall be limited to the

733

following issues:

734

     (a)  If the person was disqualified from operating a

735

commercial motor vehicle for driving with an unlawful blood-

736

alcohol level in violation of s. 316.193:

737

     1.  Whether the arresting law enforcement officer had

738

probable cause to believe that the person was driving or in

739

actual physical control of a commercial motor vehicle, or any

740

motor vehicle if the driver holds a commercial driver's license,

741

in this state while he or she had any alcohol, chemical

742

substances, or controlled substances in his or her body.

743

     2. Whether the person was placed under lawful arrest for a

744

violation of s. 316.193.

745

     2.3. Whether the person had an unlawful blood-alcohol level

746

or breath-alcohol level of 0.08 or higher as provided in s.

747

316.193.

748

     (b)  If the person was disqualified from operating a

749

commercial motor vehicle for refusal to submit to a breath,

750

blood, or urine test:

751

     1.  Whether the law enforcement officer had probable cause

752

to believe that the person was driving or in actual physical

753

control of a commercial motor vehicle, or any motor vehicle if

754

the driver holds a commercial driver's license, in this state

755

while he or she had any alcohol, chemical substances, or

756

controlled substances in his or her body.

757

     2.  Whether the person refused to submit to the test after

758

being requested to do so by a law enforcement officer or

759

correctional officer.

760

     3.  Whether the person was told that if he or she refused to

761

submit to such test he or she would be disqualified from

762

operating a commercial motor vehicle for a period of 1 year or,

763

in the case of a second refusal, permanently.

764

     (8)  Based on the determination of the hearing officer

765

pursuant to subsection (7) for both informal hearings under

766

subsection (4) and formal hearings under subsection (6), the

767

department shall:

768

     (a)  Sustain the disqualification for a period of 1 year for

769

a first refusal, or permanently if such person has been

770

previously disqualified from operating a commercial motor vehicle

771

as a result of a refusal to submit to such tests. The

772

disqualification period commences on the date of the arrest or

773

issuance of the notice of disqualification, whichever is later.

774

     (b) Sustain the disqualification:

775

     1. For a period of 1 year if the person was driving or in

776

actual physical control of a commercial motor vehicle, or any

777

motor vehicle if the driver holds a commercial driver's license,

778

and had an unlawful blood-alcohol level or breath-alcohol level

779

of 0.08 or higher; or 6 months for a violation of s. 316.193 or

780

for a period of 1 year

781

2. Permanently if the person has been previously

782

disqualified from operating a commercial motor vehicle or his or

783

her driving privilege has been previously suspended for driving

784

or being in actual physical control of a commercial motor

785

vehicle, or any motor vehicle if the driver holds a commercial

786

driver's license, and had an unlawful blood-alcohol level or

787

breath-alcohol level of 0.08 or higher as a result of a

788

violation of s. 316.193.

789

790

The disqualification period commences on the date of the arrest

791

or issuance of the notice of disqualification, whichever is

792

later.

793

     (9)  A request for a formal review hearing or an informal

794

review hearing shall not stay the disqualification. If the

795

department fails to schedule the formal review hearing to be held

796

within 30 days after receipt of the request therefor, the

797

department shall invalidate the disqualification. If the

798

scheduled hearing is continued at the department's initiative,

799

the department shall issue a temporary driving permit limited to

800

noncommercial vehicles which is shall be valid until the hearing

801

is conducted if the person is otherwise eligible for the driving

802

privilege. Such permit shall not be issued to a person who sought

803

and obtained a continuance of the hearing. The permit issued

804

under this subsection shall authorize driving for business

805

purposes or employment use only.

806

     (10)  A person who is disqualified from operating a

807

commercial motor vehicle under subsection (1) or subsection (3)

808

is eligible for issuance of a license for business or employment

809

purposes only under s. 322.271 if the person is otherwise

810

eligible for the driving privilege. However, such business or

811

employment purposes license shall not authorize the driver to

812

operate a commercial motor vehicle.

813

     (11)  The formal review hearing may be conducted upon a

814

review of the reports of a law enforcement officer or a

815

correctional officer, including documents relating to the

816

administration of a breath test or blood test or the refusal to

817

take either test. However, as provided in subsection (6), the

818

driver may subpoena the officer or any person who administered or

819

analyzed a breath or blood test.

820

     (12)  The formal review hearing and the informal review

821

hearing are exempt from the provisions of chapter 120. The

822

department is authorized to adopt rules for the conduct of

823

reviews under this section.

824

     (13)  A person may appeal any decision of the department

825

sustaining the disqualification from operating a commercial motor

826

vehicle by a petition for writ of certiorari to the circuit court

827

in the county wherein such person resides or wherein a formal or

828

informal review was conducted pursuant to s. 322.31. However, an

829

appeal shall not stay the disqualification. This subsection shall

830

not be construed to provide for a de novo appeal.

831

     (14)  The decision of the department under this section

832

shall not be considered in any trial for a violation of s.

833

316.193, s. 322.61, or s. 322.62, nor shall any written statement

834

submitted by a person in his or her request for departmental

835

review under this section be admissible into evidence against him

836

or her in any such trial. The disposition of any related criminal

837

proceedings shall not affect a disqualification imposed pursuant

838

to this section.

839

     (15)  This section does not preclude the suspension of the

840

driving privilege pursuant to s. 322.2615. The driving privilege

841

of a person who has been disqualified from operating a commercial

842

motor vehicle also may be suspended for a violation of s.

843

316.193.

844

     Section 11.  Subsections (3), and (4) of section 336.41,

845

Florida Statutes, are renumbered as subsections (4), and (5),

846

respectively, and a subsection (3) is added to that section, to

847

read:

848

     336.41  Counties; employing labor and providing road

849

equipment; accounting; when competitive bidding required.--

850

     (3) Notwithstanding any law to the contrary, a county,

851

municipality, or special district may not own or operate an

852

asphalt plant or a portable or stationary concrete batch plant

853

that has an independent mixer; however, this prohibition does

854

not apply to any county that owns or is under contract to

855

purchase an asphalt plant as of April 15, 2008, and that

856

furnishes its plant-generated asphalt solely for use by local

857

governments or company's under contract with local governments

858

for projects within the boundaries of said county. Sale of plant

859

generated asphalt to private entities or local governments

860

outside the boundaries of said county is prohibited.

861

     Section 12.  Subsections (8) through (15) of section 337.11,

862

Florida Statutes, are renumbered as subsections (9) through (16),

863

respectively, present subsection (7) is renumbered as subsection

864

(8) and amended, and a new subsection (7) is added to that

865

section, to read:

866

     337.11  Contracting authority of department; bids; emergency

867

repairs, supplemental agreements, and change orders; combined

868

design and construction contracts; progress payments; records;

869

requirements of vehicle registration.--

870

     (7) If the department determines that it is in the best

871

interest of the public, the department may pay a stipend to

872

unsuccessful firms who have submitted responsive proposals for

873

construction or maintenance contracts. The decision and amount of

874

a stipend will be based upon department analysis of the estimated

875

proposal development costs and the anticipated degree of

876

competition during the procurement process. Stipends shall be

877

used to encourage competition and compensate unsuccessful firms

878

for a portion of their proposal development costs. The department

879

shall retain the right to use ideas from unsuccessful firms that

880

accept a stipend.

881

     (8)(7)(a) If the head of the department determines that it

882

is in the best interests of the public, the department may

883

combine the design and construction phases of a building, a major

884

bridge, a limited access facility, or a rail corridor project

885

into a single contract. Such contract is referred to as a design-

886

build contract. The department's goal shall be to procure up to

887

25 percent of the construction contracts which add capacity in

888

the 5-year adopted work program as design-build contracts by July

889

1, 2013. Design-build contracts may be advertised and awarded

890

notwithstanding the requirements of paragraph (3)(c). However,

891

construction activities may not begin on any portion of such

892

projects for which the department has not yet obtained title to

893

the necessary rights-of-way and easements for the construction of

894

that portion of the project has vested in the state or a local

895

governmental entity and all railroad crossing and utility

896

agreements have been executed. Title to rights-of-way shall be

897

deemed to have vested in the state when the title has been

898

dedicated to the public or acquired by prescription.

899

     (b)  The department shall adopt by rule procedures for

900

administering design-build contracts. Such procedures shall

901

include, but not be limited to:

902

     1.  Prequalification requirements.

903

     2.  Public announcement procedures.

904

     3.  Scope of service requirements.

905

     4.  Letters of interest requirements.

906

     5.  Short-listing criteria and procedures.

907

     6.  Bid proposal requirements.

908

     7.  Technical review committee.

909

     8.  Selection and award processes.

910

     9. Stipend requirements.

911

     (c)  The department must receive at least three letters of

912

interest in order to proceed with a request for proposals. The

913

department shall request proposals from no fewer than three of

914

the design-build firms submitting letters of interest. If a

915

design-build firm withdraws from consideration after the

916

department requests proposals, the department may continue if at

917

least two proposals are received.

918

     Section 13.  Paragraph (b) of subsection (1) of section

919

337.18, Florida Statutes, is amended to read:

920

     337.18  Surety bonds for construction or maintenance

921

contracts; requirement with respect to contract award; bond

922

requirements; defaults; damage assessments.--

923

     (1)

924

     (b) Prior to beginning any work under the contract, the

925

contractor shall maintain a copy of the payment and performance

926

bond required under this section at its principal place of

927

business, and at the jobsite office if one is established, and

928

the contractor shall provide a copy of the payment and

929

performance bond within 5 days of receipt of any written request

930

therefore. A copy of the payment and performance bond required

931

under this section may also be obtained directly from the

932

department via a request made pursuant to Chapter 119. Upon

933

execution of the contract, and prior to beginning any work under

934

the contract, the contractor shall record in the public records

935

of the county where the improvement is located the payment and

936

performance bond required under this section. A claimant shall

937

have a right of action against the contractor and surety for the

938

amount due him or her, including unpaid finance charges due under

939

the claimant's contract. Such action shall not involve the

940

department in any expense.

941

942

================ T I T L E  A M E N D M E N T ================

943

And the title is amended as follows:

944

     Between line(s) 2-3

945

and insert:

946

amending s. 20.23, F.S.; providing Senior Management

947

Service status to the Executive Director of the Florida

948

Transportation Commission; amending s. 163.3177, F.S.;

949

revising requirements for comprehensive plans; providing

950

for airports, land adjacent to airports, and certain

951

interlocal agreements relating thereto in certain elements

952

of the plan; amending s. 163.3182, F.S., relating to

953

transportation concurrency backlog authorities; providing

954

legislative findings and declarations; expanding the power

955

of authorities to borrow money to include issuing certain

956

debt obligations; providing a maximum maturity date for

957

certain debt incurred to finance or refinance certain

958

transportation concurrency backlog projects; authorizing

959

authorities to continue operations and administer certain

960

trust funds for the period of the remaining outstanding

961

debt; requiring local transportation concurrency backlog

962

trust funds to continue to be funded for certain purposes;

963

providing for increased ad valorem tax increment funding

964

for such trust funds under certain circumstances; revising

965

provisions for dissolution of an authority; amending s.

966

316.0741, F.S.; redefining the term "hybrid vehicle";

967

authorizing the driving of a hybrid, low-emission, or

968

energy-efficient vehicle in a high-occupancy-vehicle lane

969

regardless of occupancy; authorizing the department to

970

limit or discontinue such driving under certain

971

circumstances; exempting such vehicles from the payment of

972

certain tolls; amending s. 316.193, F.S.; lowering the

973

blood-alcohol or breath-alcohol level for which enhanced

974

penalties are imposed against a person who was accompanied

975

in the vehicle by a minor at the time of the offense;

976

clarifying that an ignition interlock device is installed

977

for a continuous period; amending s. 316.302, F.S.;

978

revising the application of certain federal rules;

979

providing for the department to perform certain duties

980

assigned under federal rules; updating a reference to

981

federal provisions governing out-of-service requirements

982

for commercial vehicles; amending ss. 316.613 and 316.614,

983

F.S.; revising the definition of "motor vehicle" for

984

purposes of child restraint and safety belt usage

985

requirements; amending s. 316.656, F.S.; lowering the

986

percentage of blood or breath alcohol content relating to

987

the prohibition against pleading guilty to a lesser

988

offense of driving under the influence than the offense

989

charged; amending s. 322.64, F.S.; providing that refusal

990

to submit to a breath, urine, or blood test disqualifies a

991

person from operating a commercial motor vehicle;

992

providing a period of disqualification if a person has an

993

unlawful blood-alcohol or breath-alcohol level; providing

994

for issuance of a notice of disqualification; revising the

995

requirements for a formal review hearing following a

996

person's disqualification from operating a commercial

997

motor vehicle; amending s. 336.41, F.S.; providing that a

998

county, municipality, or special district may not own or

999

operate an asphalt plant or a portable or stationary

1000

concrete batch plant having an independent mixer; amending

1001

s. 337.11, F.S.;  authorizing the department to pay

1002

stipends to unsuccessful bidders on construction and

1003

maintenance contracts, amending s. 337.18, F.S.; revising

1004

the recording requirements of payment and performance

1005

bonds;

4/18/2008  3:26:00 PM     TR.9.08031