Florida Senate - 2008 CS for CS for SB 1978
By the Committees on Transportation and Economic Development Appropriations; Transportation; and Senator Baker
606-08395A-08 20081978c2
1
A bill to be entitled
2
An act relating to the Department of Transportation;
3
amending s. 20.23, F.S.; providing Senior Management
4
Service status to the Executive Director of the Florida
5
Transportation Commission; amending s. 125.42, F.S.;
6
providing an exception to utility owners from the
7
responsibility for relocating utilities along county roads
8
and highways; amending s. 163.3177, F.S.; revising
9
requirements for comprehensive plans; providing for
10
airports, land adjacent to airports, and certain
11
interlocal agreements relating thereto in certain elements
12
of the plan; amending s. 163.3182, F.S., relating to
13
transportation concurrency backlog authorities; providing
14
legislative findings and declarations; expanding the power
15
of authorities to borrow money to include issuing certain
16
debt obligations; providing a maximum maturity date for
17
certain debt incurred to finance or refinance certain
18
transportation concurrency backlog projects; authorizing
19
authorities to continue operations and administer certain
20
trust funds for the period of the remaining outstanding
21
debt; requiring local transportation concurrency backlog
22
trust funds to continue to be funded for certain purposes;
23
providing for increased ad valorem tax increment funding
24
for such trust funds under certain circumstances; revising
25
provisions for dissolution of an authority; amending s.
26
316.0741, F.S.; redefining the term "hybrid vehicle";
27
authorizing the driving of a hybrid, low-emission, or
28
energy-efficient vehicle in a high-occupancy-vehicle lane
29
regardless of occupancy; authorizing the department to
30
limit or discontinue such driving under certain
31
circumstances; exempting such vehicles from the payment of
32
certain tolls; amending s. 316.193, F.S.; lowering the
33
blood-alcohol or breath-alcohol level for which enhanced
34
penalties are imposed against a person who was accompanied
35
in the vehicle by a minor at the time of the offense;
36
clarifying that an ignition interlock device is installed
37
for a continuous period; amending s. 316.302, F.S.;
38
revising the application of certain federal rules;
39
providing for the department to perform certain duties
40
assigned under federal rules; updating a reference to
41
federal provisions governing out-of-service requirements
43
F.S.; revising the definition of "motor vehicle" for
44
purposes of child restraint and safety belt usage
45
requirements; amending s. 316.656, F.S.; lowering the
46
percentage of blood or breath alcohol content relating to
47
the prohibition against pleading guilty to a lesser
48
offense of driving under the influence than the offense
49
charged; amending s. 322.64, F.S.; providing that refusal
50
to submit to a breath, urine, or blood test disqualifies a
51
person from operating a commercial motor vehicle;
52
providing a period of disqualification if a person has an
53
unlawful blood-alcohol or breath-alcohol level; providing
54
for issuance of a notice of disqualification; revising the
55
requirements for a formal review hearing following a
56
person's disqualification from operating a commercial
57
motor vehicle; amending s. 336.41, F.S.; providing that a
58
county, municipality, or special district may not own or
59
operate an asphalt plant or a portable or stationary
60
concrete batch plant having an independent mixer; amending
61
s. 337.11, F.S.; authorizing the department to pay
62
stipends to unsuccessful bidders on construction and
63
maintenance contracts; amending s. 337.18, F.S.; revising
64
the recording requirements of payment and performance
65
bonds; amending s. 337.185, F.S.; providing for
66
maintenance contracts to be included in the types of
67
claims settled by the State Arbitration Board; amending s.
68
337.403, F.S.; providing for the department or a local
69
governmental entity to pay the costs of removing or
70
relocating a utility that is interfering with the use of a
71
road or rail corridor; amending s. 338.01, F.S.; requiring
72
that newly installed electronic toll collection systems be
73
interoperable with the department's electronic toll
74
collection system; amending s. 338.165, F.S.; providing
75
that provisions requiring the continuation of tolls
76
following the discharge of bond indebtedness does not
77
apply to high-occupancy toll lanes or express lanes;
78
creating s. 338.166, F.S.; authorizing the department to
79
request that bonds be issued which are secured by toll
80
revenues from high-occupancy toll or express lanes in a
81
specified location; providing for the department to
82
continue to collect tolls after discharge of indebtedness;
83
authorizing the use of excess toll revenues for
84
improvements to the State Highway System; authorizing the
85
implementation of variable rate tolls on high-occupancy
86
toll lanes or express lanes; amending s. 338.2216, F.S.;
87
directing the turnpike enterprise to develop new
88
technologies and processes for the collection of tolls and
89
usage fees; prohibiting the enterprise from entering into
90
certain joint contracts for the sale of fuel and other
91
goods; providing an exception; providing restrictions on
92
contracts pertaining to service plazas; amending s.
93
338.223, F.S.; conforming a cross-reference; amending s.
94
338.231, F.S.; eliminating reference to uniform toll rates
95
on the Florida Turnpike System; authorizing the department
96
to fix by rule and collect the amounts needed to cover
97
toll collection costs; amending s. 339.12, F.S.;
98
clarifying a provision specifying a maximum total amount
99
of project agreements for certain projects; authorizing
100
the department to enter into certain agreements with
101
counties having a specified maximum population; defining
102
the term "project phase"; requiring that a project or
103
project phase be a high priority of a governmental entity;
104
providing for reimbursement for a project or project
105
phase; specifying a maximum total amount for certain
106
projects and project phases; requiring that such project
107
be included in the local government's adopted
108
comprehensive plan; authorizing the department to enter
109
into long-term repayment agreements up to a specified
110
maximum length; amending s. 339.135, F.S.; revising
111
certain notice provisions that require the Department of
112
Transportation to notify local governments regarding
113
amendments to an adopted 5-year work program; amending s.
114
339.155, F.S.; revising provisions for development of the
115
Florida Transportation Plan; amending s. 339.2816, F.S.,
116
relating to the small county road assistance program;
117
providing for resumption of certain funding for the
118
program; revising the criteria for counties eligible to
119
participate in the program; amending ss. 339.2819 and
120
339.285, F.S.; conforming cross-references; amending s.
121
348.0003, F.S.; providing for financial disclosure for
122
expressway, transportation, bridge, and toll authorities;
123
amending s. 348.0004, F.S.; providing for certain
124
expressway authorities to index toll rate increases;
125
repealing part III of ch. 343 F.S.; abolishing the Tampa
126
Bay Commuter Transit Authority; requiring the department
127
to conduct a study of transportation alternatives for the
128
Interstate 95 corridor; amending s. 409.908, F.S.;
129
authorizing the Agency for Health Care Administration to
130
continue to contract for Medicaid nonemergency
131
transportation services in a specified agency service area
132
with managed care plans under certain conditions; amending
133
s. 427.011, F.S.; revising definitions; defining the term
134
"purchasing agency"; amending s. 427.012, F.S.; revising
135
the number of members required for a quorum at a meeting
136
of the Commission for the Transportation Disadvantaged;
137
amending s. 427.013, F.S.; revising responsibilities of
138
the commission; deleting a requirement that the commission
139
establish by rule acceptable ranges of trip costs;
140
removing a provision for functioning and oversight of the
141
quality assurance and management review program; requiring
142
the commission to incur expenses for promotional services
143
and items; amending s. 427.0135, F.S.; revising and
144
creating duties and responsibilities for agencies that
145
purchase transportation services for the transportation
146
disadvantaged; providing requirements for the payment of
147
rates; requiring an agency to negotiate with the
148
commission before procuring transportation disadvantaged
149
services; requiring an agency to identify its allocation
150
for transportation disadvantaged services in its
151
legislative budget request; amending s. 427.015, F.S.;
152
revising provisions relating to the function of the
153
metropolitan planning organization or designated official
154
planning agency; amending s. 427.0155, F.S.; revising
155
duties of community transportation coordinators; amending
156
s. 427.0157, F.S.; revising duties of coordinating boards;
157
amending s. 427.0158, F.S.; deleting provisions requiring
158
the school board to provide information relating to school
159
buses to the transportation coordinator; providing for the
160
transportation coordinator to request certain information
161
regarding public transportation; amending s. 427.0159,
162
F.S.; revising provisions relating to the Transportation
163
Disadvantaged Trust Fund; providing for the deposit of
164
funds by an agency purchasing transportation services;
165
amending s. 427.016, F.S.; providing for construction and
166
application of specified provisions to certain acts of a
167
purchasing agency in lieu of the Medicaid agency;
168
requiring that an agency identify the allocation of funds
169
for transportation disadvantaged services in its
170
legislative budget request; amending s. 479.01, F.S.;
171
redefining the term "automatic changeable facing" as used
172
in provisions governing outdoor advertising; amending s.
173
479.07, F.S.; revising the locations within which signs
174
require permitting; providing requirements for the
175
placement of permit tags; requiring the department to
176
establish by rule a service fee and specifications for
177
replacement tags; amending s. 479.08, F.S.; deleting a
178
provision allowing a sign permittee to correct false
179
information that was knowingly provided to the department;
180
requiring the department to include certain information in
181
the notice of violation; amending s. 479.156, F.S.;
182
modifying local government control of the regulation of
183
wall murals adjacent to certain federal highways; amending
184
s. 479.261, F.S.; revising requirements for the logo sign
185
program of the interstate highway system; deleting
186
provisions providing for permits to be awarded to the
187
highest bidders; requiring the department to implement a
188
rotation-based logo program; requiring the department to
189
adopt rules that set reasonable rates based on certain
190
factors for annual permit fees; requiring that such fees
191
not exceed a certain amount for sign locations inside and
192
outside an urban area; amending s. 212.0606, F.S.;
193
providing for the imposition by countywide referendum of
194
an additional surcharge on the lease or rental of a motor
195
vehicle; providing the proceeds of the surcharge to be
196
transferred to the Local Option Fuel Tax Trust Fund and
197
used for the construction and maintenance of commuter rail
198
service facilities; providing definitions relating to
199
commuter rail service, rail corridors, and railroad
200
operation for purposes of the rail program within the
201
department; amending s. 341.302, F.S.; authorizing the
202
department to purchase specified property for the purpose
203
of implementing commuter rail service; authorizing the
204
department to assume certain liability on a rail corridor;
205
authorizing the department to indemnify and hold harmless
206
a railroad company when the department acquires a rail
207
corridor from the company; providing allocation of risk;
208
providing a specific cap on the amount of the contractual
209
duty for such indemnification; authorizing the department
210
to purchase and provide insurance in relation to rail
211
corridors; authorizing marketing and promotional expenses;
212
extending provisions to other governmental entities
213
providing commuter rail service on public right-of-way;
214
amending s. 768.28, F.S.; expanding the list of entities
215
considered agents of the state; providing for construction
216
in relation to certain federal laws; providing an
217
effective date.
218
219
Be It Enacted by the Legislature of the State of Florida:
220
221
Section 1. Paragraph (h) of subsection (2) of section
222
20.23, Florida Statutes, is amended to read:
223
20.23 Department of Transportation.--There is created a
224
Department of Transportation which shall be a decentralized
225
agency.
226
(2)
227
(h) The commission shall appoint an executive director and
228
assistant executive director, who shall serve under the
229
direction, supervision, and control of the commission. The
230
executive director, with the consent of the commission, shall
231
employ such staff as are necessary to perform adequately the
232
functions of the commission, within budgetary limitations. All
233
employees of the commission are exempt from part II of chapter
234
110 and shall serve at the pleasure of the commission. The salary
235
and benefits of the executive director shall be set in accordance
236
with the Senior Management Service. The salaries and benefits of
237
all other employees of the commission shall be set in accordance
238
with the Selected Exempt Service; provided, however, that the
239
commission has shall have complete authority for fixing the
240
salary of the executive director and assistant executive
241
director.
242
Section 2. Subsection (5) of section 125.42, Florida
243
Statutes, is amended to read:
244
125.42 Water, sewage, gas, power, telephone, other utility,
245
and television lines along county roads and highways.--
246
(5) In the event of widening, repair, or reconstruction of
247
any such road, the licensee shall move or remove such water,
248
sewage, gas, power, telephone, and other utility lines and
249
television lines at no cost to the county except as provided in
250
s. 337.403(1)(e).
251
Section 3. Paragraphs (a), (h), and (j) of subsection (6)
252
of section 163.3177, Florida Statutes, are amended to read:
253
163.3177 Required and optional elements of comprehensive
254
plan; studies and surveys.--
255
(6) In addition to the requirements of subsections (1)-(5)
256
and (12), the comprehensive plan shall include the following
257
elements:
258
(a) A future land use plan element designating proposed
259
future general distribution, location, and extent of the uses of
260
land for residential uses, commercial uses, industry,
261
agriculture, recreation, conservation, education, public
262
buildings and grounds, other public facilities, and other
263
categories of the public and private uses of land. Counties are
264
encouraged to designate rural land stewardship areas, pursuant to
265
the provisions of paragraph (11)(d), as overlays on the future
266
land use map. Each future land use category must be defined in
267
terms of uses included, and must include standards to be followed
268
in the control and distribution of population densities and
269
building and structure intensities. The proposed distribution,
270
location, and extent of the various categories of land use shall
271
be shown on a land use map or map series which shall be
272
supplemented by goals, policies, and measurable objectives. The
273
future land use plan shall be based upon surveys, studies, and
274
data regarding the area, including the amount of land required to
275
accommodate anticipated growth; the projected population of the
276
area; the character of undeveloped land; the availability of
277
water supplies, public facilities, and services; the need for
278
redevelopment, including the renewal of blighted areas and the
279
elimination of nonconforming uses which are inconsistent with the
280
character of the community; the compatibility of uses on lands
281
adjacent to or closely proximate to military installations; lands
282
adjacent to an airport as defined in s. 330.35 and consistent
283
with provisions in s. 333.02; and, in rural communities, the need
284
for job creation, capital investment, and economic development
285
that will strengthen and diversify the community's economy. The
286
future land use plan may designate areas for future planned
287
development use involving combinations of types of uses for which
288
special regulations may be necessary to ensure development in
289
accord with the principles and standards of the comprehensive
290
plan and this act. The future land use plan element shall include
291
criteria to be used to achieve the compatibility of adjacent or
292
closely proximate lands with military installations; lands
293
adjacent to an airport as defined in s. 330.35 and consistent
294
with provisions in s. 333.02. In addition, for rural communities,
295
the amount of land designated for future planned industrial use
296
shall be based upon surveys and studies that reflect the need for
297
job creation, capital investment, and the necessity to strengthen
298
and diversify the local economies, and shall not be limited
299
solely by the projected population of the rural community. The
300
future land use plan of a county may also designate areas for
301
possible future municipal incorporation. The land use maps or map
302
series shall generally identify and depict historic district
303
boundaries and shall designate historically significant
304
properties meriting protection. For coastal counties, the future
305
land use element must include, without limitation, regulatory
306
incentives and criteria that encourage the preservation of
307
recreational and commercial working waterfronts as defined in s.
308
342.07. The future land use element must clearly identify the
309
land use categories in which public schools are an allowable use.
310
When delineating the land use categories in which public schools
311
are an allowable use, a local government shall include in the
312
categories sufficient land proximate to residential development
313
to meet the projected needs for schools in coordination with
314
public school boards and may establish differing criteria for
315
schools of different type or size. Each local government shall
316
include lands contiguous to existing school sites, to the maximum
317
extent possible, within the land use categories in which public
318
schools are an allowable use. The failure by a local government
319
to comply with these school siting requirements will result in
320
the prohibition of the local government's ability to amend the
321
local comprehensive plan, except for plan amendments described in
322
s. 163.3187(1)(b), until the school siting requirements are met.
323
Amendments proposed by a local government for purposes of
324
identifying the land use categories in which public schools are
325
an allowable use are exempt from the limitation on the frequency
326
of plan amendments contained in s. 163.3187. The future land use
327
element shall include criteria that encourage the location of
328
schools proximate to urban residential areas to the extent
329
possible and shall require that the local government seek to
330
collocate public facilities, such as parks, libraries, and
331
community centers, with schools to the extent possible and to
332
encourage the use of elementary schools as focal points for
333
neighborhoods. For schools serving predominantly rural counties,
334
defined as a county with a population of 100,000 or fewer, an
335
agricultural land use category shall be eligible for the location
336
of public school facilities if the local comprehensive plan
337
contains school siting criteria and the location is consistent
338
with such criteria. Local governments required to update or amend
339
their comprehensive plan to include criteria and address
340
compatibility of lands adjacent to an airport as defined in s.
342
closely proximate lands with existing military installations in
343
their future land use plan element shall transmit the update or
344
amendment to the state land planning agency department by June
345
30, 2011 2006.
346
(h)1. An intergovernmental coordination element showing
347
relationships and stating principles and guidelines to be used in
348
the accomplishment of coordination of the adopted comprehensive
349
plan with the plans of school boards, regional water supply
350
authorities, and other units of local government providing
351
services but not having regulatory authority over the use of
352
land, with the comprehensive plans of adjacent municipalities,
353
the county, adjacent counties, or the region, with the state
354
comprehensive plan and with the applicable regional water supply
355
plan approved pursuant to s. 373.0361, as the case may require
356
and as such adopted plans or plans in preparation may exist. This
357
element of the local comprehensive plan shall demonstrate
358
consideration of the particular effects of the local plan, when
359
adopted, upon the development of adjacent municipalities, the
360
county, adjacent counties, or the region, or upon the state
361
comprehensive plan, as the case may require.
362
a. The intergovernmental coordination element shall provide
363
for procedures to identify and implement joint planning areas,
364
especially for the purpose of annexation, municipal
365
incorporation, and joint infrastructure service areas.
366
b. The intergovernmental coordination element shall provide
367
for recognition of campus master plans prepared pursuant to s.
368
1013.30, and airport master plans pursuant to paragraph (k).
369
c. The intergovernmental coordination element may provide
370
for a voluntary dispute resolution process as established
371
pursuant to s. 186.509 for bringing to closure in a timely manner
372
intergovernmental disputes. A local government may develop and
373
use an alternative local dispute resolution process for this
374
purpose.
375
d. The intergovernmental coordination element shall provide
376
for interlocal agreements, as established pursuant to s.
377
333.03(1)(b).
378
2. The intergovernmental coordination element shall further
379
state principles and guidelines to be used in the accomplishment
380
of coordination of the adopted comprehensive plan with the plans
381
of school boards and other units of local government providing
382
facilities and services but not having regulatory authority over
383
the use of land. In addition, the intergovernmental coordination
384
element shall describe joint processes for collaborative planning
385
and decisionmaking on population projections and public school
386
siting, the location and extension of public facilities subject
387
to concurrency, and siting facilities with countywide
388
significance, including locally unwanted land uses whose nature
389
and identity are established in an agreement. Within 1 year of
390
adopting their intergovernmental coordination elements, each
391
county, all the municipalities within that county, the district
392
school board, and any unit of local government service providers
393
in that county shall establish by interlocal or other formal
394
agreement executed by all affected entities, the joint processes
395
described in this subparagraph consistent with their adopted
396
intergovernmental coordination elements.
397
3. To foster coordination between special districts and
398
local general-purpose governments as local general-purpose
399
governments implement local comprehensive plans, each independent
400
special district must submit a public facilities report to the
401
appropriate local government as required by s. 189.415.
402
4.a. Local governments must execute an interlocal agreement
403
with the district school board, the county, and nonexempt
404
municipalities pursuant to s. 163.31777. The local government
405
shall amend the intergovernmental coordination element to provide
406
that coordination between the local government and school board
407
is pursuant to the agreement and shall state the obligations of
408
the local government under the agreement.
409
b. Plan amendments that comply with this subparagraph are
410
exempt from the provisions of s. 163.3187(1).
411
5. The state land planning agency shall establish a
412
schedule for phased completion and transmittal of plan amendments
413
to implement subparagraphs 1., 2., and 3. from all jurisdictions
414
so as to accomplish their adoption by December 31, 1999. A local
415
government may complete and transmit its plan amendments to carry
416
out these provisions prior to the scheduled date established by
417
the state land planning agency. The plan amendments are exempt
418
from the provisions of s. 163.3187(1).
419
6. By January 1, 2004, any county having a population
420
greater than 100,000, and the municipalities and special
421
districts within that county, shall submit a report to the
422
Department of Community Affairs which:
423
a. Identifies all existing or proposed interlocal service
424
delivery agreements regarding the following: education; sanitary
425
sewer; public safety; solid waste; drainage; potable water; parks
426
and recreation; and transportation facilities.
427
b. Identifies any deficits or duplication in the provision
428
of services within its jurisdiction, whether capital or
429
operational. Upon request, the Department of Community Affairs
430
shall provide technical assistance to the local governments in
431
identifying deficits or duplication.
432
7. Within 6 months after submission of the report, the
433
Department of Community Affairs shall, through the appropriate
434
regional planning council, coordinate a meeting of all local
435
governments within the regional planning area to discuss the
436
reports and potential strategies to remedy any identified
437
deficiencies or duplications.
438
8. Each local government shall update its intergovernmental
439
coordination element based upon the findings in the report
440
submitted pursuant to subparagraph 6. The report may be used as
441
supporting data and analysis for the intergovernmental
442
coordination element.
443
(j) For each unit of local government within an urbanized
444
area designated for purposes of s. 339.175, a transportation
445
element, which shall be prepared and adopted in lieu of the
446
requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
447
and (d) and which shall address the following issues:
448
1. Traffic circulation, including major thoroughfares and
449
other routes, including bicycle and pedestrian ways.
450
2. All alternative modes of travel, such as public
451
transportation, pedestrian, and bicycle travel.
452
3. Parking facilities.
453
4. Aviation, rail, seaport facilities, access to those
454
facilities, and intermodal terminals.
455
5. The availability of facilities and services to serve
456
existing land uses and the compatibility between future land use
457
and transportation elements.
458
6. The capability to evacuate the coastal population prior
459
to an impending natural disaster.
460
7. Airports, projected airport and aviation development,
461
and land use compatibility around airports that includes areas
463
8. An identification of land use densities, building
464
intensities, and transportation management programs to promote
465
public transportation systems in designated public transportation
466
corridors so as to encourage population densities sufficient to
467
support such systems.
468
9. May include transportation corridors, as defined in s.
469
334.03, intended for future transportation facilities designated
470
pursuant to s. 337.273. If transportation corridors are
471
designated, the local government may adopt a transportation
472
corridor management ordinance.
473
Section 4. Paragraph (c) is added to subsection (2) of
474
section 163.3182, Florida Statutes, and paragraph (d) of
475
subsection (3), paragraph (a) of subsection (4), and subsections
476
(5) and (8) of that section are amended, to read:
477
163.3182 Transportation concurrency backlogs.--
478
(2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
479
AUTHORITIES.--
480
(c) The Legislature finds and declares that there exists in
481
many counties and municipalities areas having significant
482
transportation deficiencies and inadequate transportation
483
facilities; that many such insufficiencies and inadequacies
484
severely limit or prohibit the satisfaction of transportation
485
concurrency standards; that such transportation insufficiencies
486
and inadequacies affect the health, safety, and welfare of the
487
residents of such counties and municipalities; that such
488
transportation insufficiencies and inadequacies adversely affect
489
economic development and growth of the tax base for the areas in
490
which such insufficiencies and inadequacies exist; and that the
491
elimination of transportation deficiencies and inadequacies and
492
the satisfaction of transportation concurrency standards are
493
paramount public purposes for the state and its counties and
494
municipalities.
495
(3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
496
AUTHORITY.--Each transportation concurrency backlog authority has
497
the powers necessary or convenient to carry out the purposes of
498
this section, including the following powers in addition to
499
others granted in this section:
500
(d) To borrow money, including, but not limited to, issuing
501
debt obligations, such as, but not limited to, bonds, notes,
502
certificates, and similar debt instruments; to apply for and
503
accept advances, loans, grants, contributions, and any other
504
forms of financial assistance from the Federal Government or the
505
state, county, or any other public body or from any sources,
506
public or private, for the purposes of this part; to give such
507
security as may be required; to enter into and carry out
508
contracts or agreements; and to include in any contracts for
509
financial assistance with the Federal Government for or with
510
respect to a transportation concurrency backlog project and
511
related activities such conditions imposed pursuant to federal
512
laws as the transportation concurrency backlog authority
513
considers reasonable and appropriate and which are not
514
inconsistent with the purposes of this section.
515
(4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
516
(a) Each transportation concurrency backlog authority shall
517
adopt a transportation concurrency backlog plan as a part of the
518
local government comprehensive plan within 6 months after the
519
creation of the authority. The plan shall:
520
1. Identify all transportation facilities that have been
521
designated as deficient and require the expenditure of moneys to
522
upgrade, modify, or mitigate the deficiency.
523
2. Include a priority listing of all transportation
524
facilities that have been designated as deficient and do not
525
satisfy concurrency requirements pursuant to s. 163.3180, and the
526
applicable local government comprehensive plan.
527
3. Establish a schedule for financing and construction of
528
transportation concurrency backlog projects that will eliminate
529
transportation concurrency backlogs within the jurisdiction of
530
the authority within 10 years after the transportation
531
concurrency backlog plan adoption. The schedule shall be adopted
532
as part of the local government comprehensive plan.
533
Notwithstanding such schedule requirements, as long as the
534
schedule provides for the elimination of all transportation
535
concurrency backlogs within 10 years after the adoption of the
536
concurrency backlog plan, the final maturity date of any debt
537
incurred to finance or refinance the related projects may be no
538
later than 40 years after the date such debt is incurred and the
539
authority may continue operations and administer the trust fund
540
established as provided in subsection (5) for as long as such
541
debt remains outstanding.
542
(5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
543
concurrency backlog authority shall establish a local
544
transportation concurrency backlog trust fund upon creation of
545
the authority. Each local trust fund shall be administered by the
546
transportation concurrency backlog authority within which a
547
transportation concurrency backlog has been identified. Each
548
local trust fund shall continue to be funded pursuant to this
549
section for as long as the projects set forth in the related
550
transportation concurrency backlog plan remain to be completed or
551
until any debt incurred to finance or refinance the related
552
projects are no longer outstanding, whichever occurs later.
553
Beginning in the first fiscal year after the creation of the
554
authority, each local trust fund shall be funded by the proceeds
555
of an ad valorem tax increment collected within each
556
transportation concurrency backlog area to be determined annually
557
and shall be a minimum of 25 percent of the difference between
558
the amounts set forth in paragraphs (a) and (b), except that if
559
all of the affected taxing authorities agree pursuant to an
560
interlocal agreement, a particular local trust fund may be funded
561
by the proceeds of an ad valorem tax increment greater than 25
562
percent of the difference between the amounts set forth in
563
paragraphs (a) and (b):
564
(a) The amount of ad valorem tax levied each year by each
565
taxing authority, exclusive of any amount from any debt service
566
millage, on taxable real property contained within the
567
jurisdiction of the transportation concurrency backlog authority
568
and within the transportation backlog area; and
569
(b) The amount of ad valorem taxes which would have been
570
produced by the rate upon which the tax is levied each year by or
571
for each taxing authority, exclusive of any debt service millage,
572
upon the total of the assessed value of the taxable real property
573
within the transportation concurrency backlog area as shown on
574
the most recent assessment roll used in connection with the
575
taxation of such property of each taxing authority prior to the
576
effective date of the ordinance funding the trust fund.
577
(8) DISSOLUTION.--Upon completion of all transportation
578
concurrency backlog projects and repayment or defeasance of all
579
debt issued to finance or refinance such projects, a
580
transportation concurrency backlog authority shall be dissolved,
581
and its assets and liabilities shall be transferred to the county
582
or municipality within which the authority is located. All
583
remaining assets of the authority must be used for implementation
584
of transportation projects within the jurisdiction of the
585
authority. The local government comprehensive plan shall be
586
amended to remove the transportation concurrency backlog plan.
587
Section 5. Section 316.0741, Florida Statutes, is amended
588
to read:
589
316.0741 High-occupancy-vehicle High occupancy vehicle
590
lanes.--
591
(1) As used in this section, the term:
592
(a) "High-occupancy-vehicle High occupancy vehicle lane" or
593
"HOV lane" means a lane of a public roadway designated for use by
594
vehicles in which there is more than one occupant unless
595
otherwise authorized by federal law.
596
(b) "Hybrid vehicle" means a motor vehicle:
597
1. That draws propulsion energy from onboard sources of
598
stored energy which are both an internal combustion or heat
599
engine using combustible fuel and a rechargeable energy-storage
600
system; and
601
2. That, in the case of a passenger automobile or light
602
truck, has received a certificate of conformity under the Clean
603
Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
604
equivalent qualifying California standards for a low-emission
605
vehicle.
606
(2) The number of persons that must be in a vehicle to
607
qualify for legal use of the HOV lane and the hours during which
608
the lane will serve as an HOV lane, if it is not designated as
609
such on a full-time basis, must also be indicated on a traffic
610
control device.
611
(3) Except as provided in subsection (4), a vehicle may not
612
be driven in an HOV lane if the vehicle is occupied by fewer than
613
the number of occupants indicated by a traffic control device. A
614
driver who violates this section shall be cited for a moving
615
violation, punishable as provided in chapter 318.
616
(4)(a) Notwithstanding any other provision of this section,
617
an inherently low-emission vehicle (ILEV) that is certified and
618
labeled in accordance with federal regulations may be driven in
619
an HOV lane at any time, regardless of its occupancy. In
620
addition, upon the state's receipt of written notice from the
621
proper federal regulatory agency authorizing such use, a vehicle
622
defined as a hybrid vehicle under this section may be driven in
623
an HOV lane at any time, regardless of its occupancy.
624
(b) All eligible hybrid and all eligible other low-emission
625
and energy-efficient vehicles driven in an HOV lane must comply
626
with the minimum fuel economy standards in 23 U.S.C. s.
627
166(f)(3)(B).
628
(c) Upon issuance of the applicable Environmental
629
Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
630
relating to the eligibility of hybrid and other low-emission and
631
energy-efficient vehicles for operation in an HOV lane regardless
632
of occupancy, the Department of Transportation shall review the
633
rule and recommend to the Legislature any statutory changes
634
necessary for compliance with the federal rule. The department
635
shall provide its recommendations no later than 30 days following
636
issuance of the final rule.
637
(5) The department shall issue a decal and registration
638
certificate, to be renewed annually, reflecting the HOV lane
639
designation on such vehicles meeting the criteria in subsection
640
(4) authorizing driving in an HOV lane at any time such use. The
641
department may charge a fee for a decal, not to exceed the costs
642
of designing, producing, and distributing each decal, or $5,
643
whichever is less. The proceeds from sale of the decals shall be
644
deposited in the Highway Safety Operating Trust Fund. The
645
department may, for reasons of operation and management of HOV
646
facilities, limit or discontinue issuance of decals for the use
647
of HOV facilities by hybrid and low-emission and energy-efficient
648
vehicles, regardless of occupancy, if it has been determined by
649
the Department of Transportation that the facilities are degraded
650
as defined by 23 U.S.C. s. 166(d)(2).
651
(6) Vehicles having decals by virtue of compliance with the
652
minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),
653
and which are registered for use in high-occupancy toll lanes or
654
express lanes in accordance with Department of Transportation
655
rule, shall be allowed to use any HOV lanes redesignated as high-
656
occupancy toll lanes or express lanes without payment of a toll.
657
(5) As used in this section, the term "hybrid vehicle"
658
means a motor vehicle:
659
(a) That draws propulsion energy from onboard sources of
660
stored energy which are both:
661
1. An internal combustion or heat engine using combustible
662
fuel; and
663
2. A rechargeable energy storage system; and
664
(b) That, in the case of a passenger automobile or light
665
truck:
666
1. Has received a certificate of conformity under the Clean
667
Air Act, 42 U.S.C. ss. 7401 et seq.; and
668
2. Meets or exceeds the equivalent qualifying California
669
standards for a low-emission vehicle.
670
(7)(6) The department may adopt rules necessary to
671
administer this section.
672
Section 6. Subsection (4) of section 316.193, Florida
673
Statutes, is amended to read:
674
316.193 Driving under the influence; penalties.--
675
(4) Any person who is convicted of a violation of
676
subsection (1) and who has a blood-alcohol level or breath-
677
alcohol level of 0.15 0.20 or higher, or any person who is
678
convicted of a violation of subsection (1) and who at the time of
679
the offense was accompanied in the vehicle by a person under the
680
age of 18 years, shall be punished:
681
(a) By a fine of:
682
1. Not less than $500 or more than $1,000 for a first
683
conviction.
684
2. Not less than $1,000 or more than $2,000 for a second
685
conviction.
686
3. Not less than $2,000 for a third or subsequent
687
conviction.
688
(b) By imprisonment for:
689
1. Not more than 9 months for a first conviction.
690
2. Not more than 12 months for a second conviction.
691
692
For the purposes of this subsection, only the instant offense is
693
required to be a violation of subsection (1) by a person who has
694
a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
695
higher.
696
(c) In addition to the penalties in paragraphs (a) and (b),
697
the court shall order the mandatory placement, at the convicted
698
person's sole expense, of an ignition interlock device approved
699
by the department in accordance with s. 316.1938 upon all
700
vehicles that are individually or jointly leased or owned and
701
routinely operated by the convicted person for not less than up
702
to 6 continuous months for the first offense and for not less
703
than at least 2 continuous years for a second offense, when the
704
convicted person qualifies for a permanent or restricted license.
705
The installation of such device may not occur before July 1,
706
2003.
707
Section 7. Subsections (1), (6), and (8) of section
708
316.302, Florida Statutes, are amended to read:
709
316.302 Commercial motor vehicles; safety regulations;
710
transporters and shippers of hazardous materials; enforcement.--
711
(1)(a) All owners and drivers of commercial motor vehicles
712
that are operated on the public highways of this state while
713
engaged in interstate commerce are subject to the rules and
714
regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
715
(b) Except as otherwise provided in this section, all
716
owners or drivers of commercial motor vehicles that are engaged
717
in intrastate commerce are subject to the rules and regulations
718
contained in 49 C.F.R. parts 382, 385, and 390-397, with the
719
exception of 49 C.F.R. s. 390.5 as it relates to the definition
720
of bus, as such rules and regulations existed on October 1, 2007
721
2005.
722
(c) Except as provided in s. 316.215(5), and except as
723
provided in s. 316.228 for rear overhang lighting and flagging
724
requirements for intrastate operations, the requirements of this
725
section supersede all other safety requirements of this chapter
726
for commercial motor vehicles.
727
(6) The state Department of Transportation shall perform
728
the duties that are assigned to the Field Administrator, Federal
729
Motor Carrier Safety Administration Regional Federal Highway
730
Administrator under the federal rules, and an agent of that
731
department, as described in s. 316.545(9), may enforce those
732
rules.
733
(8) For the purpose of enforcing this section, any law
734
enforcement officer of the Department of Transportation or duly
735
appointed agent who holds a current safety inspector
736
certification from the Commercial Vehicle Safety Alliance may
737
require the driver of any commercial vehicle operated on the
738
highways of this state to stop and submit to an inspection of the
739
vehicle or the driver's records. If the vehicle or driver is
740
found to be operating in an unsafe condition, or if any required
741
part or equipment is not present or is not in proper repair or
742
adjustment, and the continued operation would present an unduly
743
hazardous operating condition, the officer may require the
744
vehicle or the driver to be removed from service pursuant to the
745
North American Standard Uniform Out-of-Service Criteria, until
746
corrected. However, if continuous operation would not present an
747
unduly hazardous operating condition, the officer may give
748
written notice requiring correction of the condition within 14
749
days.
750
(a) Any member of the Florida Highway Patrol or any law
751
enforcement officer employed by a sheriff's office or municipal
752
police department authorized to enforce the traffic laws of this
753
state pursuant to s. 316.640 who has reason to believe that a
754
vehicle or driver is operating in an unsafe condition may, as
755
provided in subsection (10), enforce the provisions of this
756
section.
757
(b) Any person who fails to comply with an officer's
758
request to submit to an inspection under this subsection commits
759
a violation of s. 843.02 if the person resists the officer
760
without violence or a violation of s. 843.01 if the person
761
resists the officer with violence.
762
Section 8. Subsection (2) of section 316.613, Florida
763
Statutes, is amended to read:
764
316.613 Child restraint requirements.--
765
(2) As used in this section, the term "motor vehicle" means
766
a motor vehicle as defined in s. 316.003 which that is operated
767
on the roadways, streets, and highways of the state. The term
768
does not include:
769
(a) A school bus as defined in s. 316.003(45).
770
(b) A bus used for the transportation of persons for
771
compensation, other than a bus regularly used to transport
772
children to or from school, as defined in s. 316.615(1) (b), or
773
in conjunction with school activities.
774
(c) A farm tractor or implement of husbandry.
775
(d) A truck having a gross vehicle weight rating of more
776
than 26,000 of net weight of more than 5,000 pounds.
777
(e) A motorcycle, moped, or bicycle.
778
Section 9. Paragraph (a) of subsection (3) of section
779
316.614, Florida Statutes, is amended to read:
780
316.614 Safety belt usage.--
781
(3) As used in this section:
782
(a) "Motor vehicle" means a motor vehicle as defined in s.
783
316.003 which that is operated on the roadways, streets, and
784
highways of this state. The term does not include:
785
1. A school bus.
786
2. A bus used for the transportation of persons for
787
compensation.
788
3. A farm tractor or implement of husbandry.
789
4. A truck having a gross vehicle weight rating of more
790
than 26,000 of a net weight of more than 5,000 pounds.
791
5. A motorcycle, moped, or bicycle.
792
Section 10. Paragraph (a) of subsection (2) of section
793
316.656, Florida Statutes, is amended to read:
794
316.656 Mandatory adjudication; prohibition against
795
accepting plea to lesser included offense.--
796
(2)(a) No trial judge may accept a plea of guilty to a
797
lesser offense from a person charged under the provisions of this
798
act who has been given a breath or blood test to determine blood
799
or breath alcohol content, the results of which show a blood or
800
breath alcohol content by weight of 0.15 0.20 percent or more.
801
Section 11. Section 322.64, Florida Statutes, is amended to
802
read:
803
322.64 Holder of commercial driver's license; persons
804
operating a commercial motor vehicle; driving with unlawful
805
blood-alcohol level; refusal to submit to breath, urine, or blood
806
test.--
807
(1)(a) A law enforcement officer or correctional officer
808
shall, on behalf of the department, disqualify from operating any
809
commercial motor vehicle a person who while operating or in
810
actual physical control of a commercial motor vehicle is arrested
811
for a violation of s. 316.193, relating to unlawful blood-alcohol
812
level or breath-alcohol level, or a person who has refused to
813
submit to a breath, urine, or blood test authorized by s. 322.63
814
arising out of the operation or actual physical control of a
815
commercial motor vehicle. A law enforcement officer or
816
correctional officer shall, on behalf of the department,
817
disqualify the holder of a commercial driver's license from
818
operating any commercial motor vehicle if the licenseholder,
819
while operating or in actual physical control of a motor vehicle,
820
is arrested for a violation of s. 316.193, relating to unlawful
821
blood-alcohol level or breath-alcohol level, or refused to submit
822
to a breath, urine, or blood test authorized by s. 322.63. Upon
823
disqualification of the person, the officer shall take the
824
person's driver's license and issue the person a 10-day temporary
825
permit for the operation of noncommercial vehicles only if the
826
person is otherwise eligible for the driving privilege and shall
827
issue the person a notice of disqualification. If the person has
828
been given a blood, breath, or urine test, the results of which
829
are not available to the officer at the time of the arrest, the
830
agency employing the officer shall transmit such results to the
831
department within 5 days after receipt of the results. If the
832
department then determines that the person was arrested for a
833
violation of s. 316.193 and that the person had a blood-alcohol
834
level or breath-alcohol level of 0.08 or higher, the department
835
shall disqualify the person from operating a commercial motor
836
vehicle pursuant to subsection (3).
837
(b) The disqualification under paragraph (a) shall be
838
pursuant to, and the notice of disqualification shall inform the
839
driver of, the following:
840
1.a. The driver refused to submit to a lawful breath,
841
blood, or urine test and he or she is disqualified from operating
842
a commercial motor vehicle for a period of 1 year, for a first
843
refusal, or permanently, if he or she has previously been
844
disqualified as a result of a refusal to submit to such a test;
845
or
846
b. The driver was driving or in actual physical control of
847
a commercial motor vehicle, or any motor vehicle if the driver
848
holds a commercial driver's license, had an unlawful blood-
849
alcohol level or breath-alcohol level of 0.08 or higher, and his
850
or her driving privilege shall be disqualified for a period of 1
851
year for a first offense or permanently if his or her driving
852
privilege has been previously disqualified under this section.
853
violated s. 316.193 by driving with an unlawful blood-alcohol
854
level and he or she is disqualified from operating a commercial
855
motor vehicle for a period of 6 months for a first offense or for
856
a period of 1 year if he or she has previously been disqualified,
857
or his or her driving privilege has been previously suspended,
858
for a violation of s. 316.193.
859
2. The disqualification period for operating commercial
860
vehicles shall commence on the date of arrest or issuance of the
861
notice of disqualification, whichever is later.
862
3. The driver may request a formal or informal review of
863
the disqualification by the department within 10 days after the
864
date of arrest or issuance of the notice of disqualification,
865
whichever is later.
866
4. The temporary permit issued at the time of arrest or
867
disqualification expires will expire at midnight of the 10th day
868
following the date of disqualification.
869
5. The driver may submit to the department any materials
870
relevant to the disqualification arrest.
871
(2) Except as provided in paragraph (1)(a), the law
872
enforcement officer shall forward to the department, within 5
873
days after the date of the arrest or the issuance of the notice
874
of disqualification, whichever is later, a copy of the notice of
875
disqualification, the driver's license of the person disqualified
876
arrested, and a report of the arrest, including, if applicable,
877
an affidavit stating the officer's grounds for belief that the
878
person disqualified arrested was operating or in actual physical
879
control of a commercial motor vehicle, or holds a commercial
880
driver's license, and had an unlawful blood-alcohol or breath-
881
alcohol level in violation of s. 316.193; the results of any
882
breath or blood or urine test or an affidavit stating that a
883
breath, blood, or urine test was requested by a law enforcement
884
officer or correctional officer and that the person arrested
885
refused to submit; a copy of the notice of disqualification
886
citation issued to the person arrested; and the officer's
887
description of the person's field sobriety test, if any. The
888
failure of the officer to submit materials within the 5-day
889
period specified in this subsection or subsection (1) does shall
890
not affect the department's ability to consider any evidence
891
submitted at or prior to the hearing. The officer may also submit
892
a copy of a videotape of the field sobriety test or the attempt
893
to administer such test and a copy of the crash report, if any.
894
(3) If the department determines that the person arrested
895
should be disqualified from operating a commercial motor vehicle
896
pursuant to this section and if the notice of disqualification
897
has not already been served upon the person by a law enforcement
898
officer or correctional officer as provided in subsection (1),
899
the department shall issue a notice of disqualification and,
900
unless the notice is mailed pursuant to s. 322.251, a temporary
901
permit which expires 10 days after the date of issuance if the
902
driver is otherwise eligible.
903
(4) If the person disqualified arrested requests an
904
informal review pursuant to subparagraph (1)(b)3., the department
905
shall conduct the informal review by a hearing officer employed
906
by the department. Such informal review hearing shall consist
907
solely of an examination by the department of the materials
908
submitted by a law enforcement officer or correctional officer
909
and by the person disqualified arrested, and the presence of an
910
officer or witness is not required.
911
(5) After completion of the informal review, notice of the
912
department's decision sustaining, amending, or invalidating the
913
disqualification must be provided to the person. Such notice must
914
be mailed to the person at the last known address shown on the
915
department's records, and to the address provided in the law
916
enforcement officer's report if such address differs from the
917
address of record, within 21 days after the expiration of the
918
temporary permit issued pursuant to subsection (1) or subsection
919
(3).
920
(6)(a) If the person disqualified arrested requests a
921
formal review, the department must schedule a hearing to be held
922
within 30 days after such request is received by the department
923
and must notify the person of the date, time, and place of the
924
hearing.
925
(b) Such formal review hearing shall be held before a
926
hearing officer employed by the department, and the hearing
927
officer shall be authorized to administer oaths, examine
928
witnesses and take testimony, receive relevant evidence, issue
929
subpoenas for the officers and witnesses identified in documents
930
as provided in subsection (2), regulate the course and conduct of
931
the hearing, and make a ruling on the disqualification. The
932
department and the person disqualified arrested may subpoena
933
witnesses, and the party requesting the presence of a witness
934
shall be responsible for the payment of any witness fees. If the
935
person who requests a formal review hearing fails to appear and
936
the hearing officer finds such failure to be without just cause,
937
the right to a formal hearing is waived and the department shall
938
conduct an informal review of the disqualification under
939
subsection (4).
940
(c) A party may seek enforcement of a subpoena under
941
paragraph (b) by filing a petition for enforcement in the circuit
942
court of the judicial circuit in which the person failing to
943
comply with the subpoena resides. A failure to comply with an
944
order of the court shall result in a finding of contempt of
945
court. However, a person shall not be in contempt while a
946
subpoena is being challenged.
947
(d) The department must, within 7 days after a formal
948
review hearing, send notice to the person of the hearing
949
officer's decision as to whether sufficient cause exists to
950
sustain, amend, or invalidate the disqualification.
951
(7) In a formal review hearing under subsection (6) or an
952
informal review hearing under subsection (4), the hearing officer
953
shall determine by a preponderance of the evidence whether
954
sufficient cause exists to sustain, amend, or invalidate the
955
disqualification. The scope of the review shall be limited to the
956
following issues:
957
(a) If the person was disqualified from operating a
958
commercial motor vehicle for driving with an unlawful blood-
959
alcohol level in violation of s. 316.193:
960
1. Whether the arresting law enforcement officer had
961
probable cause to believe that the person was driving or in
962
actual physical control of a commercial motor vehicle, or any
963
motor vehicle if the driver holds a commercial driver's license,
964
in this state while he or she had any alcohol, chemical
965
substances, or controlled substances in his or her body.
966
2. Whether the person was placed under lawful arrest for a
967
violation of s. 316.193.
968
2.3. Whether the person had an unlawful blood-alcohol level
969
or breath-alcohol level of 0.08 or higher as provided in s.
970
971
(b) If the person was disqualified from operating a
972
commercial motor vehicle for refusal to submit to a breath,
973
blood, or urine test:
974
1. Whether the law enforcement officer had probable cause
975
to believe that the person was driving or in actual physical
976
control of a commercial motor vehicle, or any motor vehicle if
977
the driver holds a commercial driver's license, in this state
978
while he or she had any alcohol, chemical substances, or
979
controlled substances in his or her body.
980
2. Whether the person refused to submit to the test after
981
being requested to do so by a law enforcement officer or
982
correctional officer.
983
3. Whether the person was told that if he or she refused to
984
submit to such test he or she would be disqualified from
985
operating a commercial motor vehicle for a period of 1 year or,
986
in the case of a second refusal, permanently.
987
(8) Based on the determination of the hearing officer
988
pursuant to subsection (7) for both informal hearings under
989
subsection (4) and formal hearings under subsection (6), the
990
department shall:
991
(a) Sustain the disqualification for a period of 1 year for
992
a first refusal, or permanently if such person has been
993
previously disqualified from operating a commercial motor vehicle
994
as a result of a refusal to submit to such tests. The
995
disqualification period commences on the date of the arrest or
996
issuance of the notice of disqualification, whichever is later.
997
(b) Sustain the disqualification:
998
1. For a period of 1 year if the person was driving or in
999
actual physical control of a commercial motor vehicle, or any
1000
motor vehicle if the driver holds a commercial driver's license,
1001
and had an unlawful blood-alcohol level or breath-alcohol level
1002
of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1003
for a period of 1 year
1004
2. Permanently if the person has been previously
1005
disqualified from operating a commercial motor vehicle or his or
1006
her driving privilege has been previously suspended for driving
1007
or being in actual physical control of a commercial motor
1008
vehicle, or any motor vehicle if the driver holds a commercial
1009
driver's license, and had an unlawful blood-alcohol level or
1010
breath-alcohol level of 0.08 or higher as a result of a
1011
violation of s. 316.193.
1012
1013
The disqualification period commences on the date of the arrest
1014
or issuance of the notice of disqualification, whichever is
1015
later.
1016
(9) A request for a formal review hearing or an informal
1017
review hearing shall not stay the disqualification. If the
1018
department fails to schedule the formal review hearing to be held
1019
within 30 days after receipt of the request therefor, the
1020
department shall invalidate the disqualification. If the
1021
scheduled hearing is continued at the department's initiative,
1022
the department shall issue a temporary driving permit limited to
1023
noncommercial vehicles which is shall be valid until the hearing
1024
is conducted if the person is otherwise eligible for the driving
1025
privilege. Such permit shall not be issued to a person who sought
1026
and obtained a continuance of the hearing. The permit issued
1027
under this subsection shall authorize driving for business
1028
purposes or employment use only.
1029
(10) A person who is disqualified from operating a
1030
commercial motor vehicle under subsection (1) or subsection (3)
1031
is eligible for issuance of a license for business or employment
1032
purposes only under s. 322.271 if the person is otherwise
1033
eligible for the driving privilege. However, such business or
1034
employment purposes license shall not authorize the driver to
1035
operate a commercial motor vehicle.
1036
(11) The formal review hearing may be conducted upon a
1037
review of the reports of a law enforcement officer or a
1038
correctional officer, including documents relating to the
1039
administration of a breath test or blood test or the refusal to
1040
take either test. However, as provided in subsection (6), the
1041
driver may subpoena the officer or any person who administered or
1042
analyzed a breath or blood test.
1043
(12) The formal review hearing and the informal review
1044
hearing are exempt from the provisions of chapter 120. The
1045
department is authorized to adopt rules for the conduct of
1046
reviews under this section.
1047
(13) A person may appeal any decision of the department
1048
sustaining the disqualification from operating a commercial motor
1049
vehicle by a petition for writ of certiorari to the circuit court
1050
in the county wherein such person resides or wherein a formal or
1051
informal review was conducted pursuant to s. 322.31. However, an
1052
appeal shall not stay the disqualification. This subsection shall
1053
not be construed to provide for a de novo appeal.
1054
(14) The decision of the department under this section
1055
shall not be considered in any trial for a violation of s.
1057
submitted by a person in his or her request for departmental
1058
review under this section be admissible into evidence against him
1059
or her in any such trial. The disposition of any related criminal
1060
proceedings shall not affect a disqualification imposed pursuant
1061
to this section.
1062
(15) This section does not preclude the suspension of the
1063
driving privilege pursuant to s. 322.2615. The driving privilege
1064
of a person who has been disqualified from operating a commercial
1065
motor vehicle also may be suspended for a violation of s.
1066
1067
Section 12. Subsections (3) and (4) of section 336.41,
1068
Florida Statutes, are renumbered as subsections (4) and (5),
1069
respectively, and a new subsection (3) is added to that section,
1070
to read:
1071
336.41 Counties; employing labor and providing road
1072
equipment; accounting; when competitive bidding required.--
1073
(3) Notwithstanding any law to the contrary, a county,
1074
municipality, or special district may not own or operate an
1075
asphalt plant or a portable or stationary concrete batch plant
1076
that has an independent mixer; however, this prohibition does not
1077
apply to any county that owns or is under contract to purchase an
1078
asphalt plant as of April 15, 2008, and that furnishes its plant-
1079
generated asphalt solely for use by local governments or
1080
companies under contract with local governments for projects
1081
within the boundaries of the county. Sale of plant-generated
1082
asphalt to private entities or local governments outside the
1083
boundaries of the county is prohibited.
1084
Section 13. Subsections (8) through (15) of section 337.11,
1085
Florida Statutes, are renumbered as subsections (9) through (16),
1086
respectively, present subsection (7) is renumbered as subsection
1087
(8) and amended, and a new subsection (7) is added to that
1088
section, to read:
1089
337.11 Contracting authority of department; bids; emergency
1090
repairs, supplemental agreements, and change orders; combined
1091
design and construction contracts; progress payments; records;
1092
requirements of vehicle registration.--
1093
(7) If the department determines that it is in the best
1094
interest of the public, the department may pay a stipend to
1095
unsuccessful firms who have submitted responsive proposals for
1096
construction or maintenance contracts. The decision and amount of
1097
a stipend will be based upon department analysis of the estimated
1098
proposal development costs and the anticipated degree of
1099
competition during the procurement process. Stipends shall be
1100
used to encourage competition and compensate unsuccessful firms
1101
for a portion of their proposal development costs. The department
1102
shall retain the right to use ideas from unsuccessful firms that
1103
accept a stipend.
1104
(8)(7)(a) If the head of the department determines that it
1105
is in the best interests of the public, the department may
1106
combine the design and construction phases of a building, a major
1107
bridge, a limited access facility, or a rail corridor project
1108
into a single contract. Such contract is referred to as a design-
1109
build contract. The department's goal shall be to procure up to
1110
25 percent of the construction contracts which add capacity in
1111
the 5-year adopted work program as design-build contracts by July
1112
1, 2013. Design-build contracts may be advertised and awarded
1113
notwithstanding the requirements of paragraph (3)(c). However,
1114
construction activities may not begin on any portion of such
1115
projects for which the department has not yet obtained title to
1116
the necessary rights-of-way and easements for the construction of
1117
that portion of the project has vested in the state or a local
1118
governmental entity and all railroad crossing and utility
1119
agreements have been executed. Title to rights-of-way shall be
1120
deemed to have vested in the state when the title has been
1121
dedicated to the public or acquired by prescription.
1122
(b) The department shall adopt by rule procedures for
1123
administering design-build contracts. Such procedures shall
1124
include, but not be limited to:
1125
1. Prequalification requirements.
1126
2. Public announcement procedures.
1127
3. Scope of service requirements.
1128
4. Letters of interest requirements.
1129
5. Short-listing criteria and procedures.
1130
6. Bid proposal requirements.
1131
7. Technical review committee.
1132
8. Selection and award processes.
1133
9. Stipend requirements.
1134
(c) The department must receive at least three letters of
1135
interest in order to proceed with a request for proposals. The
1136
department shall request proposals from no fewer than three of
1137
the design-build firms submitting letters of interest. If a
1138
design-build firm withdraws from consideration after the
1139
department requests proposals, the department may continue if at
1140
least two proposals are received.
1141
Section 14. Paragraph (b) of subsection (1) of section
1142
337.18, Florida Statutes, is amended to read:
1143
337.18 Surety bonds for construction or maintenance
1144
contracts; requirement with respect to contract award; bond
1145
requirements; defaults; damage assessments.--
1146
(1)
1147
(b) Prior to beginning any work under the contract, the
1148
contractor shall maintain a copy of the payment and performance
1149
bond required under this section at its principal place of
1150
business, and at the jobsite office if one is established, and
1151
the contractor shall provide a copy of the payment and
1152
performance bond within 5 days after receipt of any written
1153
request therefore. A copy of the payment and performance bond
1154
required under this section may also be obtained directly from
1155
the department via a request made pursuant to chapter 119. Upon
1156
execution of the contract, and prior to beginning any work under
1157
the contract, the contractor shall record in the public records
1158
of the county where the improvement is located the payment and
1159
performance bond required under this section. A claimant shall
1160
have a right of action against the contractor and surety for the
1161
amount due him or her, including unpaid finance charges due under
1162
the claimant's contract. Such action shall not involve the
1163
department in any expense.
1164
1165
Section 15. Subsections (1), (2), and (7) of section
1166
337.185, Florida Statutes, are amended to read:
1167
337.185 State Arbitration Board.--
1168
(1) To facilitate the prompt settlement of claims for
1169
additional compensation arising out of construction and
1170
maintenance contracts between the department and the various
1171
contractors with whom it transacts business, the Legislature does
1172
hereby establish the State Arbitration Board, referred to in this
1173
section as the "board." For the purpose of this section, "claim"
1174
means shall mean the aggregate of all outstanding claims by a
1175
party arising out of a construction or maintenance contract.
1176
Every contractual claim in an amount up to $250,000 per contract
1177
or, at the claimant's option, up to $500,000 per contract or,
1178
upon agreement of the parties, up to $1 million per contract
1179
which that cannot be resolved by negotiation between the
1180
department and the contractor shall be arbitrated by the board
1181
after acceptance of the project by the department. As an
1182
exception, either party to the dispute may request that the claim
1183
be submitted to binding private arbitration. A court of law may
1184
not consider the settlement of such a claim until the process
1185
established by this section has been exhausted.
1186
(2) The board shall be composed of three members. One
1187
member shall be appointed by the head of the department, and one
1188
member shall be elected by those construction or maintenance
1189
companies who are under contract with the department. The third
1190
member shall be chosen by agreement of the other two members.
1191
Whenever the third member has a conflict of interest regarding
1192
affiliation with one of the parties, the other two members shall
1193
select an alternate member for that hearing. The head of the
1194
department may select an alternative or substitute to serve as
1195
the department member for any hearing or term. Each member shall
1196
serve a 2-year term. The board shall elect a chair, each term,
1197
who shall be the administrator of the board and custodian of its
1198
records.
1199
(7) The members of the board may receive compensation for
1200
the performance of their duties hereunder, from administrative
1201
fees received by the board, except that no employee of the
1202
department may receive compensation from the board. The
1203
compensation amount shall be determined by the board, but shall
1204
not exceed $125 per hour, up to a maximum of $1,000 per day for
1205
each member authorized to receive compensation. Nothing in this
1206
section does not shall prevent the member elected by construction
1207
or maintenance companies from being an employee of an association
1208
affiliated with the industry, even if the sole responsibility of
1209
that member is service on the board. Travel expenses for the
1210
industry member may be paid by an industry association, if
1211
necessary. The board may allocate funds annually for clerical and
1212
other administrative services.
1213
Section 16. Subsection (1) of section 337.403, Florida
1214
Statutes, is amended to read:
1215
337.403 Relocation of utility; expenses.--
1216
(1) Any utility heretofore or hereafter placed upon, under,
1217
over, or along any public road or publicly owned rail corridor
1218
which that is found by the authority to be unreasonably
1219
interfering in any way with the convenient, safe, or continuous
1220
use, or the maintenance, improvement, extension, or expansion, of
1221
such public road or publicly owned rail corridor shall, upon 30
1222
days' written notice to the utility or its agent by the
1223
authority, be removed or relocated by such utility at its own
1224
expense except as provided in paragraphs (a), (b), and (c), (d),
1225
and (e).
1226
(a) If the relocation of utility facilities, as referred to
1227
in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627
1228
of the 84th Congress, is necessitated by the construction of a
1229
project on the federal-aid interstate system, including
1230
extensions thereof within urban areas, and the cost of such
1231
project is eligible and approved for reimbursement by the Federal
1232
Government to the extent of 90 percent or more under the Federal
1233
Aid Highway Act, or any amendment thereof, then in that event the
1234
utility owning or operating such facilities shall relocate such
1235
facilities upon order of the department, and the state shall pay
1236
the entire expense properly attributable to such relocation after
1237
deducting therefrom any increase in the value of the new facility
1238
and any salvage value derived from the old facility.
1239
(b) When a joint agreement between the department and the
1240
utility is executed for utility improvement, relocation, or
1241
removal work to be accomplished as part of a contract for
1242
construction of a transportation facility, the department may
1243
participate in those utility improvement, relocation, or removal
1244
costs that exceed the department's official estimate of the cost
1245
of such work by more than 10 percent. The amount of such
1246
participation shall be limited to the difference between the
1247
official estimate of all the work in the joint agreement plus 10
1248
percent and the amount awarded for this work in the construction
1249
contract for such work. The department may not participate in any
1250
utility improvement, relocation, or removal costs that occur as a
1251
result of changes or additions during the course of the contract.
1252
(c) When an agreement between the department and utility is
1253
executed for utility improvement, relocation, or removal work to
1254
be accomplished in advance of a contract for construction of a
1255
transportation facility, the department may participate in the
1256
cost of clearing and grubbing necessary to perform such work.
1257
(d) If the utility facility being removed or relocated was
1258
initially installed exclusively to serve the department, its
1259
tenants, or both the department and its tenants, the department
1260
shall bear the costs of removal or relocation of that utility
1261
facility. However, the department is not responsible for bearing
1262
the cost of removal or relocation of any subsequent additions to
1263
the utility facility for the purpose of serving others.
1264
(e) If pursuant to an agreement between a utility and the
1265
authority entered into after July 1, 2008, the utility conveys,
1266
subordinates, or relinquishes a compensable property right to the
1267
authority for the purpose of accommodating the acquisition or use
1268
of the right-of-way by the authority without the agreement
1269
expressly addressing future responsibility for cost of removal or
1270
relocation of the utility, the authority shall bear the cost of
1271
such removal or relocation. Nothing herein is intended to impair
1272
or restrict, or be used to interpret, the terms of any agreement
1273
entered into prior to July 1, 2008.
1274
Section 17. Subsection (6) is added to section 338.01,
1275
Florida Statutes, to read:
1276
338.01 Authority to establish and regulate limited access
1277
facilities.--
1278
(6) Notwithstanding any other provision of law, all new
1279
limited access facilities and existing transportation facilities
1280
on which new or replacement electronic toll collection systems
1281
are installed shall be interoperable with the department's
1282
electronic toll collection system.
1283
Section 18. Present subsections (7) and (8) of section
1284
338.165, Florida Statutes, are redesignated as subsections (8)
1285
and (9), respectively, and a new subsection (7) is added to that
1286
section, to read:
1287
338.165 Continuation of tolls.--
1288
(7) This section does not apply to high-occupancy toll
1289
lanes or express lanes.
1290
Section 19. Section 338.166, Florida Statutes, is created
1291
to read:
1292
338.166 High-occupancy toll lanes or express lanes.--
1293
(1) Under s. 11, Art. VII of the State Constitution, the
1294
department may request the Division of Bond Finance to issue
1295
bonds secured by toll revenues collected on high-occupancy toll
1296
lanes or express lanes located on Interstate 95 in Miami-Dade and
1297
Broward Counties.
1298
(2) The department may continue to collect the toll on the
1299
high-occupancy toll lanes or express lanes after the discharge of
1300
any bond indebtedness related to such project. All tolls so
1301
collected shall first be used to pay the annual cost of the
1302
operation, maintenance, and improvement of the high-occupancy
1303
toll lanes or express lanes project or associated transportation
1304
system.
1305
(3) Any remaining toll revenue from the high-occupancy toll
1306
lanes or express lanes shall be used by the department for the
1307
construction, maintenance, or improvement of any road on the
1308
State Highway System.
1309
(4) The department is authorized to implement variable rate
1310
tolls on high-occupancy toll lanes or express lanes.
1311
(5) Except for high-occupancy toll lanes or express lanes,
1312
tolls may not be charged for use of an interstate highway where
1313
tolls were not charged as of July 1, 1997.
1314
(6) This section does not apply to the turnpike system as
1315
defined under the Florida Turnpike Enterprise Law.
1316
Section 20. Paragraphs (d) and (e) are added to subsection
1317
(1) of section 338.2216, Florida Statutes, to read:
1318
338.2216 Florida Turnpike Enterprise; powers and
1319
authority.--
1320
(1)
1321
(d) The Florida Turnpike Enterprise is directed to pursue
1322
and implement new technologies and processes in its operations
1323
and collection of tolls and the collection of other amounts
1324
associated with road and infrastructure usage. Such technologies
1325
and processes shall include, without limitation, video billing
1326
and variable pricing.
1327
(e)1. The Florida Turnpike Enterprise may not contract with
1328
any vendor for the retail sale of fuel along the Florida Turnpike
1329
if such contract is negotiated or bid together with any other
1330
contract, including, but not limited to, the retail sale of food,
1331
maintenance services, or construction, except that a contract for
1332
the retail sale of fuel along the Florida Turnpike shall be bid
1333
and contracted with the retail sale of food at any convenience
1334
store attached to the fuel station.
1335
2. All contracts related to service plazas, including, but
1336
not limited to, the sale of fuel, the retail sale of food,
1337
maintenance services, or construction, awarded by the Florida
1338
Turnpike Enterprise shall be procured through individual
1339
competitive solicitations and awarded to the most cost-effective
1340
responder. This subparagraph does not prohibit the award of more
1341
than one individual contract to a single vendor who submits the
1342
most cost-effective response.
1343
Section 21. Paragraph (b) of subsection (1) of section
1344
338.223, Florida Statutes, is amended to read:
1345
338.223 Proposed turnpike projects.--
1346
(1)
1347
(b) Any proposed turnpike project or improvement shall be
1348
developed in accordance with the Florida Transportation Plan and
1349
the work program pursuant to s. 339.135. Turnpike projects that
1350
add capacity, alter access, affect feeder roads, or affect the
1351
operation of the local transportation system shall be included in
1352
the transportation improvement plan of the affected metropolitan
1353
planning organization. If such turnpike project does not fall
1354
within the jurisdiction of a metropolitan planning organization,
1355
the department shall notify the affected county and provide for
1356
public hearings in accordance with s. 339.155(5)(c) s.
1357
339.155(6)(c).
1358
Section 22. Section 338.231, Florida Statutes, is amended
1359
to read:
1360
338.231 Turnpike tolls, fixing; pledge of tolls and other
1361
revenues.--The department shall at all times fix, adjust, charge,
1362
and collect such tolls for the use of the turnpike system as are
1363
required in order to provide a fund sufficient with other
1364
revenues of the turnpike system to pay the cost of maintaining,
1365
improving, repairing, and operating such turnpike system; to pay
1366
the principal of and interest on all bonds issued to finance or
1367
refinance any portion of the turnpike system as the same become
1368
due and payable; and to create reserves for all such purposes.
1369
(1) In the process of effectuating toll rate increases over
1370
the period 1988 through 1992, the department shall, to the
1371
maximum extent feasible, equalize the toll structure, within each
1372
vehicle classification, so that the per mile toll rate will be
1373
approximately the same throughout the turnpike system. New
1374
turnpike projects may have toll rates higher than the uniform
1375
system rate where such higher toll rates are necessary to qualify
1376
the project in accordance with the financial criteria in the
1377
turnpike law. Such higher rates may be reduced to the uniform
1378
system rate when the project is generating sufficient revenues to
1379
pay the full amount of debt service and operating and maintenance
1380
costs at the uniform system rate. If, after 15 years of opening
1381
to traffic, the annual revenue of a turnpike project does not
1382
meet or exceed the annual debt service requirements and operating
1383
and maintenance costs attributable to such project, the
1384
department shall, to the maximum extent feasible, establish a
1385
toll rate for the project which is higher than the uniform system
1386
rate as necessary to meet such annual debt service requirements
1387
and operating and maintenance costs. The department may, to the
1388
extent feasible, establish a temporary toll rate at less than the
1389
uniform system rate for the purpose of building patronage for the
1390
ultimate benefit of the turnpike system. In no case shall the
1391
temporary rate be established for more than 1 year. The
1392
requirements of this subsection shall not apply when the
1393
application of such requirements would violate any covenant
1394
established in a resolution or trust indenture relating to the
1395
issuance of turnpike bonds.
1396
(1)(2) Notwithstanding any other provision of law, the
1397
department may defer the scheduled July 1, 1993, toll rate
1398
increase on the Homestead Extension of the Florida Turnpike until
1399
July 1, 1995. The department may also advance funds to the
1400
Turnpike General Reserve Trust Fund to replace estimated lost
1401
revenues resulting from this deferral. The amount advanced must
1402
be repaid within 12 years from the date of advance; however, the
1403
repayment is subordinate to all other debt financing of the
1404
turnpike system outstanding at the time repayment is due.
1405
(2)(3) The department shall publish a proposed change in
1406
the toll rate for the use of an existing toll facility, in the
1407
manner provided for in s. 120.54, which will provide for public
1408
notice and the opportunity for a public hearing before the
1409
adoption of the proposed rate change. When the department is
1410
evaluating a proposed turnpike toll project under s. 338.223 and
1411
has determined that there is a high probability that the project
1412
will pass the test of economic feasibility predicated on proposed
1413
toll rates, the toll rate that is proposed to be charged after
1414
the project is constructed must be adopted during the planning
1415
and project development phase of the project, in the manner
1416
provided for in s. 120.54, including public notice and the
1417
opportunity for a public hearing. For such a new project, the
1418
toll rate becomes effective upon the opening of the project to
1419
traffic.
1420
(3)(a)(4) For the period July 1, 1998, through June 30,
1421
2017, the department shall, to the maximum extent feasible,
1422
program sufficient funds in the tentative work program such that
1423
the percentage of turnpike toll and bond financed commitments in
1424
Dade County, Broward County, and Palm Beach County as compared to
1425
total turnpike toll and bond financed commitments shall be at
1426
least 90 percent of the share of net toll collections
1427
attributable to users of the turnpike system in Dade County,
1428
Broward County, and Palm Beach County as compared to total net
1429
toll collections attributable to users of the turnpike system.
1430
The requirements of this subsection do not apply when the
1431
application of such requirements would violate any covenant
1432
established in a resolution or trust indenture relating to the
1433
issuance of turnpike bonds. The department may establish at any
1434
time for economic considerations lower temporary toll rates for a
1435
new or existing toll facility for a period not to exceed 1 year,
1436
after which period the toll rates adopted under s. 120.54 shall
1437
become effective.
1438
(b) The department shall also fix, adjust, charge, and
1439
collect such amounts needed to cover the costs of administering
1440
the different toll collection and payment methods and types of
1441
accounts being offered and used in the manner provided for in s.
1442
120.54, which provides for public notice and the opportunity for
1443
a public hearing before adoption. Such amounts may stand alone,
1444
be incorporated into a toll rate structure, or be a combination
1445
thereof.
1446
(4)(5) When bonds are outstanding which have been issued to
1447
finance or refinance any turnpike project, the tolls and all
1448
other revenues derived from the turnpike system and pledged to
1449
such bonds shall be set aside as may be provided in the
1450
resolution authorizing the issuance of such bonds or the trust
1451
agreement securing the same. The tolls or other revenues or other
1452
moneys so pledged and thereafter received by the department are
1453
immediately subject to the lien of such pledge without any
1454
physical delivery thereof or further act. The lien of any such
1455
pledge is valid and binding as against all parties having claims
1456
of any kind in tort or contract or otherwise against the
1457
department irrespective of whether such parties have notice
1458
thereof. Neither the resolution nor any trust agreement by which
1459
a pledge is created need be filed or recorded except in the
1460
records of the department.
1461
(5)(6) In each fiscal year while any of the bonds of the
1462
Broward County Expressway Authority series 1984 and series 1986-A
1463
remain outstanding, the department is authorized to pledge
1464
revenues from the turnpike system to the payment of principal and
1465
interest of such series of bonds and the operation and
1466
maintenance expenses of the Sawgrass Expressway, to the extent
1467
gross toll revenues of the Sawgrass Expressway are insufficient
1468
to make such payments. The terms of an agreement relative to the
1469
pledge of turnpike system revenue will be negotiated with the
1470
parties of the 1984 and 1986 Broward County Expressway Authority
1471
lease-purchase agreements, and subject to the covenants of those
1472
agreements. The agreement shall establish that the Sawgrass
1473
Expressway shall be subject to the planning, management, and
1474
operating control of the department limited only by the terms of
1475
the lease-purchase agreements. The department shall provide for
1476
the payment of operation and maintenance expenses of the Sawgrass
1477
Expressway until such agreement is in effect. This pledge of
1478
turnpike system revenues shall be subordinate to the debt service
1479
requirements of any future issue of turnpike bonds, the payment
1480
of turnpike system operation and maintenance expenses, and
1481
subject to provisions of any subsequent resolution or trust
1482
indenture relating to the issuance of such turnpike bonds.
1483
(6)(7) The use and disposition of revenues pledged to bonds
1485
regulations as the resolution authorizing the issuance of such
1486
bonds or such trust agreement may provide.
1487
Section 23. Paragraph (c) of subsection (4) of section
1488
339.12, Florida Statutes, is amended, and paragraph (d) is added
1489
to that subsection, to read:
1490
339.12 Aid and contributions by governmental entities for
1491
department projects; federal aid.--
1492
(4)
1493
(c) The department may enter into agreements under this
1494
subsection for a project or project phase not included in the
1495
adopted work program. As used in this paragraph, the term
1496
"project phase" means acquisition of rights-of-way, construction,
1497
construction inspection, and related support phases. The project
1498
or project phase must be a high priority of the governmental
1499
entity. Reimbursement for a project or project phase must be made
1500
from funds appropriated by the Legislature pursuant to s.
1501
339.135(5). All other provisions of this subsection apply to
1502
agreements entered into under this paragraph. The total amount of
1503
project agreements for projects or project phases not included in
1504
the adopted work program authorized by this paragraph may not at
1505
any time exceed $100 million. However, notwithstanding such $100
1506
million limit and any similar limit in s. 334.30, project
1507
advances for any inland county with a population greater than
1508
500,000 dedicating amounts equal to $500 million or more of its
1509
Local Government Infrastructure Surtax pursuant to s. 212.055(2)
1510
for improvements to the State Highway System which are included
1511
in the local metropolitan planning organization's or the
1512
department's long-range transportation plans shall be excluded
1513
from the calculation of the statewide limit of project advances.
1514
(d) The department may enter into agreements under this
1515
subsection with any county having a population of 150,000 or
1516
fewer as determined by the most recent official estimate pursuant
1517
to s. 186.901 for a project or project phase not included in the
1518
adopted work program. As used in this paragraph, the term
1519
"project phase" means acquisition of rights-of-way, construction,
1520
construction inspection, and related support phases. The project
1521
or project phase must be a high priority of the governmental
1522
entity. Reimbursement for a project or project phase must be made
1523
from funds appropriated by the Legislature pursuant to s.
1524
339.135(5). All other provisions of this subsection apply to
1525
agreements entered into under this paragraph. The total amount of
1526
project agreements for projects or project phases not included in
1527
the adopted work program authorized by this paragraph may not at
1528
any time exceed $200 million. The project must be included in the
1529
local government's adopted comprehensive plan. The department is
1530
authorized to enter into long-term repayment agreements of up to
1531
30 years.
1532
Section 24. Paragraph (d) of subsection (7) of section
1533
339.135, Florida Statutes, is amended to read:
1534
339.135 Work program; legislative budget request;
1535
definitions; preparation, adoption, execution, and amendment.--
1536
(7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1537
(d)1. Whenever the department proposes any amendment to the
1538
adopted work program, as defined in subparagraph (c)1. or
1539
subparagraph (c)3., which deletes or defers a construction phase
1540
on a capacity project, it shall notify each county affected by
1541
the amendment and each municipality within the county. The
1542
notification shall be issued in writing to the chief elected
1543
official of each affected county, each municipality within the
1544
county, and the chair of each affected metropolitan planning
1545
organization. Each affected county and each municipality in the
1546
county, is encouraged to coordinate with each other to determine
1547
how the amendment effects local concurrency management and
1548
regional transportation planning efforts. Each affected county,
1549
and each municipality within the county, shall have 14 days to
1550
provide written comments to the department regarding how the
1551
amendment will effect its respective concurrency management
1552
systems, including whether any development permits were issued
1553
contingent upon the capacity improvement, if applicable. After
1554
receipt of written comments from the affected local governments,
1555
the department shall include any written comments submitted by
1556
such local governments in its preparation of the proposed
1557
amendment.
1558
2. Following the 14-day comment period in subparagraph 1.,
1559
if applicable, whenever the department proposes any amendment to
1560
the adopted work program, which amendment is defined in
1561
subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1562
subparagraph (c)4., it shall submit the proposed amendment to the
1563
Governor for approval and shall immediately notify the chairs of
1564
the legislative appropriations committees, the chairs of the
1565
legislative transportation committees, and each member of the
1566
Legislature who represents a district affected by the proposed
1567
amendment. It shall also notify, each metropolitan planning
1568
organization affected by the proposed amendment, and each unit of
1569
local government affected by the proposed amendment, unless it
1570
provided to each the notification required by subparagraph 1.
1571
Such proposed amendment shall provide a complete justification of
1572
the need for the proposed amendment.
1573
3.2. The Governor shall not approve a proposed amendment
1574
until 14 days following the notification required in subparagraph
1575
2. 1.
1576
4.3. If either of the chairs of the legislative
1577
appropriations committees or the President of the Senate or the
1578
Speaker of the House of Representatives objects in writing to a
1579
proposed amendment within 14 days following notification and
1580
specifies the reasons for such objection, the Governor shall
1581
disapprove the proposed amendment.
1582
Section 25. Section 339.155, Florida Statutes, is amended
1583
to read:
1584
339.155 Transportation planning.--
1585
(1) THE FLORIDA TRANSPORTATION PLAN.--The department shall
1586
develop and annually update a statewide transportation plan, to
1587
be known as the Florida Transportation Plan. The plan shall be
1588
designed so as to be easily read and understood by the general
1589
public. The purpose of the Florida Transportation Plan is to
1590
establish and define the state's long-range transportation goals
1591
and objectives to be accomplished over a period of at least 20
1592
years within the context of the State Comprehensive Plan, and any
1593
other statutory mandates and authorizations and based upon the
1594
prevailing principles of: preserving the existing transportation
1595
infrastructure; enhancing Florida's economic competitiveness; and
1596
improving travel choices to ensure mobility. The Florida
1597
Transportation Plan shall consider the needs of the entire state
1598
transportation system and examine the use of all modes of
1599
transportation to effectively and efficiently meet such needs.
1600
(2) SCOPE OF PLANNING PROCESS.--The department shall carry
1601
out a transportation planning process in conformance with s.
1602
334.046(1). which provides for consideration of projects and
1603
strategies that will:
1604
(a) Support the economic vitality of the United States,
1605
Florida, and the metropolitan areas, especially by enabling
1606
global competitiveness, productivity, and efficiency;
1607
(b) Increase the safety and security of the transportation
1608
system for motorized and nonmotorized users;
1609
(c) Increase the accessibility and mobility options
1610
available to people and for freight;
1611
(d) Protect and enhance the environment, promote energy
1612
conservation, and improve quality of life;
1613
(e) Enhance the integration and connectivity of the
1614
transportation system, across and between modes throughout
1615
Florida, for people and freight;
1616
(f) Promote efficient system management and operation; and
1617
(g) Emphasize the preservation of the existing
1618
transportation system.
1619
(3) FORMAT, SCHEDULE, AND REVIEW.--The Florida
1620
Transportation Plan shall be a unified, concise planning document
1621
that clearly defines the state's long-range transportation goals
1622
and objectives and documents the department's short-range
1623
objectives developed to further such goals and objectives. The
1624
plan shall:
1625
(a) Include a glossary that clearly and succinctly defines
1626
any and all phrases, words, or terms of art included in the plan,
1627
with which the general public may be unfamiliar. and shall
1628
consist of, at a minimum, the following components:
1629
(b)(a) Document A long-range component documenting the
1630
goals and long-term objectives necessary to implement the results
1631
of the department's findings from its examination of the
1632
prevailing principles and criteria provided under listed in
1633
subsection (2) and s. 334.046(1). The long-range component must
1634
(c) Be developed in cooperation with the metropolitan
1635
planning organizations and reconciled, to the maximum extent
1636
feasible, with the long-range plans developed by metropolitan
1637
planning organizations pursuant to s. 339.175. The plan must also
1638
(d) Be developed in consultation with affected local
1639
officials in nonmetropolitan areas and with any affected Indian
1640
tribal governments. The plan must
1641
(e) Provide an examination of transportation issues likely
1642
to arise during at least a 20-year period. The long-range
1643
component shall
1644
(f) Be updated at least once every 5 years, or more often
1645
as necessary, to reflect substantive changes to federal or state
1646
law.
1647
(b) A short-range component documenting the short-term
1648
objectives and strategies necessary to implement the goals and
1649
long-term objectives contained in the long-range component. The
1650
short-range component must define the relationship between the
1651
long-range goals and the short-range objectives, specify those
1652
objectives against which the department's achievement of such
1653
goals will be measured, and identify transportation strategies
1654
necessary to efficiently achieve the goals and objectives in the
1655
plan. It must provide a policy framework within which the
1656
department's legislative budget request, the strategic
1657
information resource management plan, and the work program are
1658
developed. The short-range component shall serve as the
1659
department's annual agency strategic plan pursuant to s. 186.021.
1660
The short-range component shall be developed consistent with
1661
available and forecasted state and federal funds. The short-range
1662
component shall also be submitted to the Florida Transportation
1663
Commission.
1664
(4) ANNUAL PERFORMANCE REPORT.--The department shall
1665
develop an annual performance report evaluating the operation of
1666
the department for the preceding fiscal year. The report shall
1667
also include a summary of the financial operations of the
1668
department and shall annually evaluate how well the adopted work
1669
program meets the short-term objectives contained in the short-
1670
range component of the Florida Transportation Plan. This
1671
performance report shall be submitted to the Florida
1672
Transportation Commission and the legislative appropriations and
1673
transportation committees.
1674
(4)(5) ADDITIONAL TRANSPORTATION PLANS.--
1675
(a) Upon request by local governmental entities, the
1676
department may in its discretion develop and design
1677
transportation corridors, arterial and collector streets,
1678
vehicular parking areas, and other support facilities which are
1679
consistent with the plans of the department for major
1680
transportation facilities. The department may render to local
1681
governmental entities or their planning agencies such technical
1682
assistance and services as are necessary so that local plans and
1683
facilities are coordinated with the plans and facilities of the
1684
department.
1685
(b) Each regional planning council, as provided for in s.
1686
186.504, or any successor agency thereto, shall develop, as an
1687
element of its strategic regional policy plan, transportation
1688
goals and policies. The transportation goals and policies must be
1689
prioritized to comply with the prevailing principles provided in
1690
subsection (2) and s. 334.046(1). The transportation goals and
1691
policies shall be consistent, to the maximum extent feasible,
1692
with the goals and policies of the metropolitan planning
1693
organization and the Florida Transportation Plan. The
1694
transportation goals and policies of the regional planning
1695
council will be advisory only and shall be submitted to the
1696
department and any affected metropolitan planning organization
1697
for their consideration and comments. Metropolitan planning
1698
organization plans and other local transportation plans shall be
1699
developed consistent, to the maximum extent feasible, with the
1700
regional transportation goals and policies. The regional planning
1701
council shall review urbanized area transportation plans and any
1702
other planning products stipulated in s. 339.175 and provide the
1703
department and respective metropolitan planning organizations
1704
with written recommendations which the department and the
1705
metropolitan planning organizations shall take under advisement.
1706
Further, the regional planning councils shall directly assist
1707
local governments which are not part of a metropolitan area
1708
transportation planning process in the development of the
1709
transportation element of their comprehensive plans as required
1710
by s. 163.3177.
1711
(c) Regional transportation plans may be developed in
1712
regional transportation areas in accordance with an interlocal
1713
agreement entered into pursuant to s. 163.01 by two or more
1714
contiguous metropolitan planning organizations; one or more
1715
metropolitan planning organizations and one or more contiguous
1716
counties, none of which is a member of a metropolitan planning
1717
organization; a multicounty regional transportation authority
1718
created by or pursuant to law; two or more contiguous counties
1719
that are not members of a metropolitan planning organization; or
1720
metropolitan planning organizations comprised of three or more
1721
counties.
1722
(d) The interlocal agreement must, at a minimum, identify
1723
the entity that will coordinate the development of the regional
1724
transportation plan; delineate the boundaries of the regional
1725
transportation area; provide the duration of the agreement and
1726
specify how the agreement may be terminated, modified, or
1727
rescinded; describe the process by which the regional
1728
transportation plan will be developed; and provide how members of
1729
the entity will resolve disagreements regarding interpretation of
1730
the interlocal agreement or disputes relating to the development
1731
or content of the regional transportation plan. Such interlocal
1732
agreement shall become effective upon its recordation in the
1733
official public records of each county in the regional
1734
transportation area.
1735
(e) The regional transportation plan developed pursuant to
1736
this section must, at a minimum, identify regionally significant
1737
transportation facilities located within a regional
1738
transportation area and contain a prioritized list of regionally
1739
significant projects. The level-of-service standards for
1740
facilities to be funded under this subsection shall be adopted by
1741
the appropriate local government in accordance with s.
1742
163.3180(10). The projects shall be adopted into the capital
1743
improvements schedule of the local government comprehensive plan
1744
pursuant to s. 163.3177(3).
1745
(5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
1746
TRANSPORTATION PLANNING.--
1747
(a) During the development of the long-range component of
1748
the Florida Transportation Plan and prior to substantive
1749
revisions, the department shall provide citizens, affected public
1750
agencies, representatives of transportation agency employees,
1751
other affected employee representatives, private providers of
1752
transportation, and other known interested parties with an
1753
opportunity to comment on the proposed plan or revisions. These
1754
opportunities shall include, at a minimum, publishing a notice in
1755
the Florida Administrative Weekly and within a newspaper of
1756
general circulation within the area of each department district
1757
office.
1758
(b) During development of major transportation
1759
improvements, such as those increasing the capacity of a facility
1760
through the addition of new lanes or providing new access to a
1761
limited or controlled access facility or construction of a
1762
facility in a new location, the department shall hold one or more
1763
hearings prior to the selection of the facility to be provided;
1764
prior to the selection of the site or corridor of the proposed
1765
facility; and prior to the selection of and commitment to a
1766
specific design proposal for the proposed facility. Such public
1767
hearings shall be conducted so as to provide an opportunity for
1768
effective participation by interested persons in the process of
1769
transportation planning and site and route selection and in the
1770
specific location and design of transportation facilities. The
1771
various factors involved in the decision or decisions and any
1772
alternative proposals shall be clearly presented so that the
1773
persons attending the hearing may present their views relating to
1774
the decision or decisions which will be made.
1775
(c) Opportunity for design hearings:
1776
1. The department, prior to holding a design hearing, shall
1777
duly notify all affected property owners of record, as recorded
1778
in the property appraiser's office, by mail at least 20 days
1779
prior to the date set for the hearing. The affected property
1780
owners shall be:
1781
a. Those whose property lies in whole or in part within 300
1782
feet on either side of the centerline of the proposed facility.
1783
b. Those whom the department determines will be
1784
substantially affected environmentally, economically, socially,
1785
or safetywise.
1786
2. For each subsequent hearing, the department shall
1787
publish notice prior to the hearing date in a newspaper of
1788
general circulation for the area affected. These notices must be
1789
published twice, with the first notice appearing at least 15
1790
days, but no later than 30 days, before the hearing.
1791
3. A copy of the notice of opportunity for the hearing must
1792
be furnished to the United States Department of Transportation
1793
and to the appropriate departments of the state government at the
1794
time of publication.
1795
4. The opportunity for another hearing shall be afforded in
1796
any case when proposed locations or designs are so changed from
1797
those presented in the notices specified above or at a hearing as
1798
to have a substantially different social, economic, or
1799
environmental effect.
1800
5. The opportunity for a hearing shall be afforded in each
1801
case in which the department is in doubt as to whether a hearing
1802
is required.
1803
Section 26. Subsection (3) and paragraphs (b) and (c) of
1804
subsection (4) of section 339.2816, Florida Statutes, are amended
1805
to read:
1806
339.2816 Small County Road Assistance Program.--
1807
(3) Beginning with fiscal year 1999-2000 until fiscal year
1808
2009-2010, and beginning again with fiscal year 2012-2013, up to
1809
$25 million annually from the State Transportation Trust Fund may
1810
be used for the purposes of funding the Small County Road
1811
Assistance Program as described in this section.
1812
(4)
1813
(b) In determining a county's eligibility for assistance
1814
under this program, the department may consider whether the
1815
county has attempted to keep county roads in satisfactory
1816
condition, including the amount of local option fuel tax and ad
1817
valorem millage rate imposed by the county. The department may
1818
also consider the extent to which the county has offered to
1819
provide a match of local funds with state funds provided under
1820
the program. At a minimum, small counties shall be eligible only
1821
if:
1822
1. The county has enacted the maximum rate of the local
1823
option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1824
an ad valorem millage rate of at least 8 mills; or
1825
2. The county has imposed an ad valorem millage rate of 10
1826
mills.
1827
(c) The following criteria shall be used to prioritize road
1828
projects for funding under the program:
1829
1. The primary criterion is the physical condition of the
1830
road as measured by the department.
1831
2. As secondary criteria the department may consider:
1832
a. Whether a road is used as an evacuation route.
1833
b. Whether a road has high levels of agricultural travel.
1834
c. Whether a road is considered a major arterial route.
1835
d. Whether a road is considered a feeder road.
1836
e. Whether a road is located in a fiscally constrained
1837
county, as defined in s. 218.67(1).
1838
f.e. Other criteria related to the impact of a project on
1839
the public road system or on the state or local economy as
1840
determined by the department.
1841
Section 27. Subsections (1) and (3) of section 339.2819,
1842
Florida Statutes, are amended to read:
1843
339.2819 Transportation Regional Incentive Program.--
1844
(1) There is created within the Department of
1845
Transportation a Transportation Regional Incentive Program for
1846
the purpose of providing funds to improve regionally significant
1847
transportation facilities in regional transportation areas
1848
created pursuant to s. 339.155(4)(5).
1849
(3) The department shall allocate funding available for the
1850
Transportation Regional Incentive Program to the districts based
1851
on a factor derived from equal parts of population and motor fuel
1852
collections for eligible counties in regional transportation
1853
areas created pursuant to s. 339.155(4)(5).
1854
Section 28. Subsection (6) of section 339.285, Florida
1855
Statutes, is amended to read:
1856
339.285 Enhanced Bridge Program for Sustainable
1857
Transportation.--
1858
(6) Preference shall be given to bridge projects located on
1859
corridors that connect to the Strategic Intermodal System,
1860
created under s. 339.64, and that have been identified as
1861
regionally significant in accordance with s. 339.155(4)(5)(c),
1862
(d), and (e).
1863
Section 29. Subsection (4) of section 348.0003, Florida
1864
Statutes, is amended to read:
1865
348.0003 Expressway authority; formation; membership.--
1866
(4)(a) An authority may employ an executive secretary, an
1867
executive director, its own counsel and legal staff, technical
1868
experts, and such engineers and employees, permanent or
1869
temporary, as it may require and shall determine the
1870
qualifications and fix the compensation of such persons, firms,
1871
or corporations. An authority may employ a fiscal agent or
1872
agents; however, the authority must solicit sealed proposals from
1873
at least three persons, firms, or corporations for the
1874
performance of any services as fiscal agents. An authority may
1875
delegate to one or more of its agents or employees such of its
1876
power as it deems necessary to carry out the purposes of the
1877
Florida Expressway Authority Act, subject always to the
1878
supervision and control of the authority. Members of an authority
1879
may be removed from office by the Governor for misconduct,
1880
malfeasance, misfeasance, or nonfeasance in office.
1881
(b) Members of an authority are entitled to receive from
1882
the authority their travel and other necessary expenses incurred
1883
in connection with the business of the authority as provided in
1884
s. 112.061, but they may not draw salaries or other compensation.
1885
(c) Members of each expressway an authority, transportation
1886
authority, bridge authority, or toll authority, created pursuant
1887
to this chapter, chapter 343 or chapter 349, or pursuant to any
1888
other legislative enactment, shall be required to comply with the
1889
applicable financial disclosure requirements of s. 8, Art. II of
1890
the State Constitution. This subsection does not subject a
1891
statutorily created expressway authority, transportation
1892
authority, bridge authority, or toll authority, other than one
1893
created under this part, to any of the requirements of this part
1894
other than those contained in this subsection.
1895
Section 30. Paragraph (c) is added to subsection (1) of
1896
section 348.0004, Florida Statutes, to read:
1897
348.0004 Purposes and powers.--
1898
(1)
1899
(c) Notwithstanding any other provision of law, expressway
1900
authorities as defined in chapter 348 shall index toll rates on
1901
toll facilities to the annual Consumer Price Index or similar
1902
inflation indicators. Toll rate index for inflation under this
1903
subsection must be adopted and approved by the expressway
1904
authority board at a public meeting and may be made no more
1905
frequently than once a year and must be made no less frequently
1906
than once every 5 years as necessary to accommodate cash toll
1907
rate schedules. Toll rates may be increased beyond these limits
1908
as directed by bond documents, covenants, or governing body
1909
authorization or pursuant to department administrative rule.
1910
Section 31. Part III of chapter 343, Florida Statutes,
1913
Section 32. The Department of Transportation, in
1914
consultation with the Department of Law Enforcement, the Division
1915
of Emergency Management of the Department of Community Affairs,
1916
and the Office of Tourism, Trade, and Economic Development, and
1917
regional planning councils within whose jurisdictional area the
1918
I-95 corridor lies, shall complete a study of transportation
1919
alternatives for the travel corridor parallel to Interstate 95
1920
which takes into account the transportation, emergency
1921
management, homeland security, and economic development needs of
1922
the state. The report must include identification of cost-
1923
effective measures that may be implemented to alleviate
1924
congestion on Interstate 95, facilitate emergency and security
1925
responses, and foster economic development. The Department of
1926
Transportation shall send the report to the Governor, the
1927
President of the Senate, the Speaker of the House of
1928
Representatives, and each affected metropolitan planning
1929
organization by June 30, 2009.
1930
Section 33. Subsection (18) of section 409.908, Florida
1931
Statutes, is amended to read:
1932
409.908 Reimbursement of Medicaid providers.--Subject to
1933
specific appropriations, the agency shall reimburse Medicaid
1934
providers, in accordance with state and federal law, according to
1935
methodologies set forth in the rules of the agency and in policy
1936
manuals and handbooks incorporated by reference therein. These
1937
methodologies may include fee schedules, reimbursement methods
1938
based on cost reporting, negotiated fees, competitive bidding
1939
pursuant to s. 287.057, and other mechanisms the agency considers
1940
efficient and effective for purchasing services or goods on
1941
behalf of recipients. If a provider is reimbursed based on cost
1942
reporting and submits a cost report late and that cost report
1943
would have been used to set a lower reimbursement rate for a rate
1944
semester, then the provider's rate for that semester shall be
1945
retroactively calculated using the new cost report, and full
1946
payment at the recalculated rate shall be effected retroactively.
1947
Medicare-granted extensions for filing cost reports, if
1948
applicable, shall also apply to Medicaid cost reports. Payment
1949
for Medicaid compensable services made on behalf of Medicaid
1950
eligible persons is subject to the availability of moneys and any
1951
limitations or directions provided for in the General
1952
Appropriations Act or chapter 216. Further, nothing in this
1953
section shall be construed to prevent or limit the agency from
1954
adjusting fees, reimbursement rates, lengths of stay, number of
1955
visits, or number of services, or making any other adjustments
1956
necessary to comply with the availability of moneys and any
1957
limitations or directions provided for in the General
1958
Appropriations Act, provided the adjustment is consistent with
1959
legislative intent.
1960
(18) Unless otherwise provided for in the General
1961
Appropriations Act, a provider of transportation services shall
1962
be reimbursed the lesser of the amount billed by the provider or
1963
the Medicaid maximum allowable fee established by the agency,
1964
except when the agency has entered into a direct contract with
1965
the provider, or with a community transportation coordinator, for
1966
the provision of an all-inclusive service, or when services are
1967
provided pursuant to an agreement negotiated between the agency
1968
and the provider. The agency, as provided for in s. 427.0135,
1969
shall purchase transportation services through the community
1970
coordinated transportation system, if available, unless the
1971
agency, after consultation with the commission, determines that
1972
it cannot reach mutually acceptable contract terms with the
1973
commission. The agency may then contract for the same
1974
transportation services provided in a more cost-effective manner
1975
and of comparable or higher quality and standards determines a
1976
more cost-effective method for Medicaid clients. Nothing in this
1977
subsection shall be construed to limit or preclude the agency
1978
from contracting for services using a prepaid capitation rate or
1979
from establishing maximum fee schedules, individualized
1980
reimbursement policies by provider type, negotiated fees, prior
1981
authorization, competitive bidding, increased use of mass
1982
transit, or any other mechanism that the agency considers
1983
efficient and effective for the purchase of services on behalf of
1984
Medicaid clients, including implementing a transportation
1985
eligibility process. The agency shall not be required to contract
1986
with any community transportation coordinator or transportation
1987
operator that has been determined by the agency, the Department
1988
of Legal Affairs Medicaid Fraud Control Unit, or any other state
1989
or federal agency to have engaged in any abusive or fraudulent
1990
billing activities. The agency is authorized to competitively
1991
procure transportation services or make other changes necessary
1992
to secure approval of federal waivers needed to permit federal
1993
financing of Medicaid transportation services at the service
1994
matching rate rather than the administrative matching rate.
1995
Notwithstanding chapter 427, the agency is authorized to continue
1996
contracting for Medicaid nonemergency transportation services in
1997
agency service area 11 with managed care plans that were under
1998
contract for those services before July 1, 2004.
1999
Section 34. Subsections (8), (12), and (13) of section
2000
427.011, Florida Statutes, are amended to read:
2002
2003
(8) "Purchasing agency" "Member department" means a
2004
department or agency whose head is an ex officio, nonvoting
2005
advisor to a member of the commission, or an agency that
2006
purchases transportation services for the transportation
2007
disadvantaged.
2008
(12) "Annual budget estimate" means a budget estimate of
2009
funding resources available for providing transportation services
2010
to the transportation disadvantaged and which is prepared
2011
annually to cover a period of 1 state fiscal year.
2012
(12)(13) "Nonsponsored transportation disadvantaged
2013
services" means transportation disadvantaged services that are
2014
not sponsored or subsidized by any funding source other than the
2015
Transportation Disadvantaged Trust Fund.
2016
Section 35. Subsection (4) of section 427.012, Florida
2017
Statutes, is amended to read:
2018
427.012 The Commission for the Transportation
2019
Disadvantaged.--There is created the Commission for the
2020
Transportation Disadvantaged in the Department of Transportation.
2021
(4) The commission shall meet at least quarterly, or more
2022
frequently at the call of the chairperson. Four Five members of
2023
the commission constitute a quorum, and a majority vote of the
2024
members present is necessary for any action taken by the
2025
commission.
2026
Section 36. Subsections (7), (8), (9), (14), and (26) of
2027
section 427.013, Florida Statutes, are amended, and subsection
2028
(29) is added to that section, to read:
2029
427.013 The Commission for the Transportation
2030
Disadvantaged; purpose and responsibilities.--The purpose of the
2031
commission is to accomplish the coordination of transportation
2032
services provided to the transportation disadvantaged. The goal
2033
of this coordination is shall be to assure the cost-effective
2034
provision of transportation by qualified community transportation
2035
coordinators or transportation operators for the transportation
2036
disadvantaged without any bias or presumption in favor of
2037
multioperator systems or not-for-profit transportation operators
2038
over single operator systems or for-profit transportation
2039
operators. In carrying out this purpose, the commission shall:
2040
(7) Unless otherwise provided by state or federal law,
2041
ensure Assure that all procedures, guidelines, and directives
2042
issued by purchasing agencies member departments are conducive to
2043
the coordination of transportation services.
2044
(8)(a) Ensure Assure that purchasing agencies member
2045
departments purchase all trips within the coordinated system,
2046
unless they have fulfilled the requirements of s. 427.0135(3) and
2047
use a more cost-effective alternative provider that meets
2048
comparable quality and standards.
2049
(b) Unless the purchasing agency has negotiated with the
2050
commission pursuant to the requirements of s. 427.0135(3),
2051
provide, by rule, criteria and procedures for purchasing agencies
2052
member departments to use if they wish to use an alternative
2053
provider. Agencies Departments must demonstrate either that the
2054
proposed alternative provider can provide a trip of comparable
2055
acceptable quality and standards for the clients at a lower cost
2056
than that provided within the coordinated system, or that the
2057
coordinated system cannot accommodate the agency's department's
2058
clients.
2059
(9) Unless the purchasing agency has negotiated with the
2060
commission pursuant to the requirements of s. 427.0135(3),
2061
develop by rule standards for community transportation
2062
coordinators and any transportation operator or coordination
2063
contractor from whom service is purchased or arranged by the
2064
community transportation coordinator covering coordination,
2065
operation, safety, insurance, eligibility for service, costs, and
2066
utilization of transportation disadvantaged services. These
2067
standards and rules must include, but are not limited to:
2068
(a) Inclusion, by rule, of acceptable ranges of trip costs
2069
for the various modes and types of transportation services
2070
provided.
2071
(a)(b) Minimum performance standards for the delivery of
2072
services. These standards must be included in coordinator
2073
contracts and transportation operator contracts with clear
2074
penalties for repeated or continuing violations.
2075
(b)(c) Minimum liability insurance requirements for all
2076
transportation services purchased, provided, or coordinated for
2077
the transportation disadvantaged through the community
2078
transportation coordinator.
2079
(14) Consolidate, for each state agency, the annual budget
2080
estimates for transportation disadvantaged services, and the
2081
amounts of each agency's actual expenditures, together with the
2082
actual expenditures annual budget estimates of each official
2083
planning agency, local government, and directly federally funded
2084
agency and the amounts collected by each official planning agency
2085
issue a report.
2086
(26) Develop a quality assurance and management review
2087
program to monitor, based upon approved commission standards,
2088
services contracted for by an agency, and those provided by a
2089
community transportation operator pursuant to s. 427.0155. Staff
2090
of the quality assurance and management review program shall
2091
function independently and be directly responsible to the
2092
executive director.
2093
(29) Incur expenses for the purchase of advertisements,
2094
marketing services, and promotional items.
2095
Section 37. Section 427.0135, Florida Statutes, is amended
2096
to read:
2097
427.0135 Purchasing agencies Member departments; duties and
2098
responsibilities.--Each purchasing agency member department, in
2099
carrying out the policies and procedures of the commission,
2100
shall:
2101
(1)(a) Use the coordinated transportation system for
2102
provision of services to its clients, unless each department or
2103
purchasing agency meets the criteria outlined in rule or statute
2104
to use an alternative provider.
2105
(b) Subject to the provisions of s. 409.908(18), the
2106
Medicaid agency shall purchase transportation services through
2107
the community coordinated transportation system unless a more
2108
cost-effective method is determined by the agency for Medicaid
2109
clients or unless otherwise limited or directed by the General
2110
Appropriations Act.
2111
(2) Pay the rates established in the service plan or
2112
negotiated statewide contract, unless the purchasing agency has
2113
completed the procedure for using an alternative provider and
2114
demonstrated that a proposed alternative provider can provide a
2115
more cost-effective transportation service of comparable quality
2116
and standards or unless the agency has satisfied the requirements
2117
of subsection (3).
2118
(3) Not procure transportation disadvantaged services
2119
without initially negotiating with the commission, as provided in
2120
s. 287.057(5)(f)13., or unless otherwise authorized by statute.
2121
If the purchasing agency, after consultation with the commission,
2122
determines that it cannot reach mutually acceptable contract
2123
terms with the commission, the purchasing agency may contract for
2124
the same transportation services provided in a more cost-
2125
effective manner and of comparable or higher quality and
2126
standards. The Medicaid agency shall implement this subsection in
2127
a manner consistent with s. 409.908(18) and as otherwise limited
2128
or directed by the General Appropriations Act.
2129
(4) Identify in the legislative budget request provided to
2130
the Governor each year for the General Appropriations Act the
2131
specific amount of money the purchasing agency will allocate to
2132
provide transportation disadvantaged services.
2133
(5)(2) Provide the commission, by September 15 of each
2134
year, an accounting of all funds spent as well as how many trips
2135
were purchased with agency funds.
2136
(6)(3) Assist communities in developing coordinated
2137
transportation systems designed to serve the transportation
2138
disadvantaged. However, a purchasing agency member department may
2139
not serve as the community transportation coordinator in any
2140
designated service area.
2141
(7)(4) Ensure Assure that its rules, procedures,
2142
guidelines, and directives are conducive to the coordination of
2143
transportation funds and services for the transportation
2144
disadvantaged.
2145
(8)(5) Provide technical assistance, as needed, to
2146
community transportation coordinators or transportation operators
2147
or participating agencies.
2148
Section 38. Subsections (2) and (3) of section 427.015,
2149
Florida Statutes, are amended to read:
2150
427.015 Function of the metropolitan planning organization
2151
or designated official planning agency in coordinating
2152
transportation for the transportation disadvantaged.--
2153
(2) Each metropolitan planning organization or designated
2154
official planning agency shall recommend to the commission a
2155
single community transportation coordinator. However, a
2156
purchasing agency member department may not serve as the
2157
community transportation coordinator in any designated service
2158
area. The coordinator may provide all or a portion of needed
2159
transportation services for the transportation disadvantaged but
2160
shall be responsible for the provision of those coordinated
2161
services. Based on approved commission evaluation criteria, the
2162
coordinator shall subcontract or broker those services that are
2163
more cost-effectively and efficiently provided by subcontracting
2164
or brokering. The performance of the coordinator shall be
2165
evaluated based on the commission's approved evaluation criteria
2166
by the coordinating board at least annually. A copy of the
2167
evaluation shall be submitted to the metropolitan planning
2168
organization or the designated official planning agency, and the
2169
commission. The recommendation or termination of any community
2170
transportation coordinator shall be subject to approval by the
2171
commission.
2172
(3) Each metropolitan planning organization or designated
2173
official planning agency shall request each local government in
2174
its jurisdiction to provide the actual expenditures an estimate
2175
of all local and direct federal funds to be expended for
2176
transportation for the disadvantaged. The metropolitan planning
2177
organization or designated official planning agency shall
2178
consolidate this information into a single report and forward it,
2179
by September 15 the beginning of each fiscal year, to the
2180
commission.
2181
Section 39. Subsection (7) of section 427.0155, Florida
2182
Statutes, is amended to read:
2183
427.0155 Community transportation coordinators; powers and
2184
duties.--Community transportation coordinators shall have the
2185
following powers and duties:
2186
(7) In cooperation with the coordinating board and pursuant
2187
to criteria developed by the Commission for the Transportation
2188
Disadvantaged, establish eligibility guidelines and priorities
2189
with regard to the recipients of nonsponsored transportation
2190
disadvantaged services that are purchased with Transportation
2191
Disadvantaged Trust Fund moneys.
2192
Section 40. Subsection (4) of section 427.0157, Florida
2193
Statutes, is amended to read:
2194
427.0157 Coordinating boards; powers and duties.--The
2195
purpose of each coordinating board is to develop local service
2196
needs and to provide information, advice, and direction to the
2197
community transportation coordinators on the coordination of
2198
services to be provided to the transportation disadvantaged. The
2199
commission shall, by rule, establish the membership of
2200
coordinating boards. The members of each board shall be appointed
2201
by the metropolitan planning organization or designated official
2202
planning agency. The appointing authority shall provide each
2203
board with sufficient staff support and resources to enable the
2204
board to fulfill its responsibilities under this section. Each
2205
board shall meet at least quarterly and shall:
2206
(4) Assist the community transportation coordinator in
2207
establishing eligibility guidelines and priorities with regard to
2208
the recipients of nonsponsored transportation disadvantaged
2209
services that are purchased with Transportation Disadvantaged
2210
Trust Fund moneys.
2211
Section 41. Subsections (2) and (3) of section 427.0158,
2212
Florida Statutes, are amended to read:
2213
427.0158 School bus and public transportation.--
2214
(2) The school boards shall cooperate in the utilization of
2215
their vehicles to enhance coordinated disadvantaged
2216
transportation disadvantaged services by providing the
2217
information as requested by the community transportation
2218
coordinator required by this section and by allowing the use of
2219
their vehicles at actual cost upon request when those vehicles
2220
are available for such use and are not transporting students.
2221
Semiannually, no later than October 1 and April 30, a designee
2222
from the local school board shall provide the community
2223
transportation coordinator with copies to the coordinated
2224
transportation board, the following information for vehicles not
2225
scheduled 100 percent of the time for student transportation use:
2226
(a) The number and type of vehicles by adult capacity,
2227
including days and times, that the vehicles are available for
2228
coordinated transportation disadvantaged services;
2229
(b) The actual cost per mile by vehicle type available;
2230
(c) The actual driver cost per hour;
2231
(d) Additional actual cost associated with vehicle use
2232
outside the established workday or workweek of the entity; and
2233
(e) Notification of lead time required for vehicle use.
2234
(3) The public transit fixed route or fixed schedule system
2235
shall cooperate in the utilization of its regular service to
2236
enhance coordinated transportation disadvantaged services by
2237
providing the information as requested by the community
2238
transportation coordinator required by this section. Annually, no
2239
later than October 1, a designee from the local public transit
2240
fixed route or fixed schedule system shall provide The community
2241
transportation coordinator may request, without limitation, with
2242
copies to the coordinated transportation board, the following
2243
information:
2244
(a) A copy of all current schedules, route maps, system
2245
map, and fare structure;
2246
(b) A copy of the current charter policy;
2247
(c) A copy of the current charter rates and hour
2248
requirements; and
2249
(d) Required notification time to arrange for a charter.
2250
Section 42. Subsection (4) is added to section 427.0159,
2251
Florida Statutes, to read:
2252
427.0159 Transportation Disadvantaged Trust Fund.--
2253
(4) A purchasing agency may deposit funds into the
2254
Transportation Disadvantaged Trust Fund for the commission to
2255
implement, manage, and administer the purchasing agency's
2256
transportation disadvantaged funds, as defined in s. 427.011(10).
2257
Section 43. Paragraph (b) of subsection (1) and subsection
2258
(2) of section 427.016, Florida Statutes, are amended to read:
2259
427.016 Expenditure of local government, state, and federal
2260
funds for the transportation disadvantaged.--
2261
(1)
2262
(b) Nothing in This subsection does not shall be construed
2263
to limit or preclude a purchasing the Medicaid agency from
2264
establishing maximum fee schedules, individualized reimbursement
2265
policies by provider type, negotiated fees, competitive bidding,
2266
or any other mechanism, including contracting after initial
2267
negotiation with the commission, which that the agency considers
2268
more cost-effective and of comparable or higher quality and
2269
standards than those of the commission efficient and effective
2270
for the purchase of services on behalf of its Medicaid clients if
2271
it has fulfilled the requirements of s. 427.0135(3) or the
2272
procedure for using an alternative provider. State and local
2273
agencies shall not contract for any transportation disadvantaged
2274
services, including Medicaid reimbursable transportation
2275
services, with any community transportation coordinator or
2276
transportation operator that has been determined by the Agency
2277
for Health Care Administration, the Department of Legal Affairs
2278
Medicaid Fraud Control Unit, or any state or federal agency to
2279
have engaged in any abusive or fraudulent billing activities.
2280
(2) Each year, each agency, whether or not it is an ex
2281
officio, nonvoting advisor to a member of the Commission for the
2282
Transportation Disadvantaged, shall identify in the legislative
2283
budget request provided to the Governor for the General
2284
Appropriations Act inform the commission in writing, before the
2285
beginning of each fiscal year, of the specific amount of any
2286
money the agency will allocate allocated for the provision of
2287
transportation disadvantaged services. Additionally, each state
2288
agency shall, by September 15 of each year, provide the
2289
commission with an accounting of the actual amount of funds
2290
expended and the total number of trips purchased.
2291
Section 44. Subsection (1) of section 479.01, Florida
2292
Statutes, is amended to read:
2293
479.01 Definitions.--As used in this chapter, the term:
2294
(1) "Automatic changeable facing" means a facing that which
2295
through a mechanical system is capable of delivering two or more
2296
advertising messages through an automated or remotely controlled
2297
process and shall not rotate so rapidly as to cause distraction
2298
to a motorist.
2299
Section 45. Subsections (1) and (5) of section 479.07,
2300
Florida Statutes, are amended to read:
2301
479.07 Sign permits.--
2303
person may not erect, operate, use, or maintain, or cause to be
2304
erected, operated, used, or maintained, any sign on the State
2305
Highway System outside an urban incorporated area, as defined in
2306
s. 334.03(32), or on any portion of the interstate or federal-aid
2307
primary highway system without first obtaining a permit for the
2308
sign from the department and paying the annual fee as provided in
2309
this section. For purposes of this section, "on any portion of
2310
the State Highway System, interstate, or federal-aid primary
2311
system" shall mean a sign located within the controlled area
2312
which is visible from any portion of the main-traveled way of
2313
such system.
2314
(5)(a) For each permit issued, the department shall furnish
2315
to the applicant a serially numbered permanent metal permit tag.
2316
The permittee is responsible for maintaining a valid permit tag
2317
on each permitted sign facing at all times. The tag shall be
2318
securely attached to the sign facing or, if there is no facing,
2319
on the pole nearest the highway; and it shall be attached in such
2320
a manner as to be plainly visible from the main-traveled way.
2321
Effective July 1, 2011, the tag shall be securely attached to the
2322
upper 50 percent of the pole nearest the highway in a manner as
2323
to be plainly visible from the main-traveled way. The permit will
2324
become void unless the permit tag is properly and permanently
2325
displayed at the permitted site within 30 days after the date of
2326
permit issuance. If the permittee fails to erect a completed sign
2327
on the permitted site within 270 days after the date on which the
2328
permit was issued, the permit will be void, and the department
2329
may not issue a new permit to that permittee for the same
2330
location for 270 days after the date on which the permit became
2331
void.
2332
(b) If a permit tag is lost, stolen, or destroyed, the
2333
permittee to whom the tag was issued may must apply to the
2334
department for a replacement tag. The department shall establish
2335
by rule a service fee for replacement tags in an amount that will
2336
recover the actual cost of providing the replacement tag. Upon
2337
receipt of the application accompanied by the a service fee of
2338
$3, the department shall issue a replacement permit tag.
2339
Alternatively, the permittee may provide its own replacement tag
2340
pursuant to department specifications which the department shall
2341
establish by rule at the time it establishes the service fee for
2342
replacement tags.
2343
Section 46. Section 479.08, Florida Statutes, is amended to
2344
read:
2345
479.08 Denial or revocation of permit.--The department has
2346
the authority to deny or revoke any permit requested or granted
2347
under this chapter in any case in which it determines that the
2348
application for the permit contains knowingly false or knowingly
2349
misleading information. The department may revoke any permit
2350
granted under this chapter in any case where or that the
2351
permittee has violated any of the provisions of this chapter,
2352
unless such permittee, within 30 days after the receipt of notice
2353
by the department, corrects such false or misleading information
2354
and complies with the provisions of this chapter. For the purpose
2355
of this subsection, the notice of violation issued by the
2356
department shall describe in detail the alleged violation. Any
2357
person aggrieved by any action of the department in denying or
2358
revoking a permit under this chapter may, within 30 days after
2359
receipt of the notice, apply to the department for an
2360
administrative hearing pursuant to chapter 120. If a timely
2361
request for hearing has been filed and the department issues a
2362
final order revoking a permit, such revocation shall be effective
2363
30 days after the date of rendition. Except for department action
2364
pursuant to s. 479.107(1), the filing of a timely and proper
2365
notice of appeal shall operate to stay the revocation until the
2366
department's action is upheld.
2367
Section 47. Section 479.156, Florida Statutes, is amended
2368
to read:
2369
479.156 Wall murals.--Notwithstanding any other provision
2370
of this chapter, a municipality or county may permit and regulate
2371
wall murals within areas designated by such government. If a
2372
municipality or county permits wall murals, a wall mural that
2373
displays a commercial message and is within 660 feet of the
2374
nearest edge of the right-of-way within an area adjacent to the
2375
interstate highway system or the federal-aid primary highway
2376
system shall be located in an area that is zoned for industrial
2377
or commercial use and the municipality or county shall establish
2378
and enforce regulations for such areas that, at a minimum, set
2379
forth criteria governing the size, lighting, and spacing of wall
2380
murals consistent with the intent of the Highway Beautification
2381
Act of 1965 and with customary use. Whenever a municipality or
2382
county exercises such control and makes a determination of
2383
customary use, pursuant to 23 U.S.C. s. 131(d), such
2384
determination shall be accepted in lieu of controls in the
2385
agreement between the state and the United States Department of
2386
Transportation, and the Department of Transportation shall notify
2387
the Federal Highway Administration pursuant to the agreement, 23
2388
U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
2389
is subject to municipal or county regulation and the Highway
2390
Beautification Act of 1965 must be approved by the Department of
2391
Transportation and the Federal Highway Administration where
2392
required by federal law and federal regulation pursuant to and
2393
may not violate the agreement between the state and the United
2394
States Department of Transportation and or violate federal
2395
regulations enforced by the Department of Transportation under s.
2396
479.02(1). The existence of a wall mural as defined in s.
2397
479.01(27) shall not be considered in determining whether a sign
2398
as defined in s. 479.01(17), either existing or new, is in
2399
compliance with s. 479.07(9)(a).
2400
Section 48. Subsections (1), (3), (4), and (5) of section
2401
479.261, Florida Statutes, are amended to read:
2402
479.261 Logo sign program.--
2403
(1) The department shall establish a logo sign program for
2404
the rights-of-way of the interstate highway system to provide
2405
information to motorists about available gas, food, lodging, and
2406
camping, attractions, and other services, as approved by the
2407
Federal Highway Administration, at interchanges, through the use
2408
of business logos, and may include additional interchanges under
2409
the program. A logo sign for nearby attractions may be added to
2410
this program if allowed by federal rules.
2411
(a) An attraction as used in this chapter is defined as an
2412
establishment, site, facility, or landmark that which is open a
2413
minimum of 5 days a week for 52 weeks a year; that which charges
2414
an admission for entry; which has as its principal focus family-
2415
oriented entertainment, cultural, educational, recreational,
2416
scientific, or historical activities; and that which is publicly
2417
recognized as a bona fide tourist attraction. However, the
2418
permits for businesses seeking to participate in the attractions
2419
logo sign program shall be awarded by the department annually to
2420
the highest bidders, notwithstanding the limitation on fees in
2421
subsection (5), which are qualified for available space at each
2422
qualified location, but the fees therefor may not be less than
2423
the fees established for logo participants in other logo
2424
categories.
2425
(b) The department shall incorporate the use of RV-friendly
2426
markers on specific information logo signs for establishments
2427
that cater to the needs of persons driving recreational vehicles.
2428
Establishments that qualify for participation in the specific
2429
information logo program and that also qualify as "RV-friendly"
2430
may request the RV-friendly marker on their specific information
2431
logo sign. An RV-friendly marker must consist of a design
2432
approved by the Federal Highway Administration. The department
2433
shall adopt rules in accordance with chapter 120 to administer
2434
this paragraph, including rules setting forth the minimum
2435
requirements that establishments must meet in order to qualify as
2436
RV-friendly. These requirements shall include large parking
2437
spaces, entrances, and exits that can easily accommodate
2438
recreational vehicles and facilities having appropriate overhead
2439
clearances, if applicable.
2440
(c) The department may implement a 3-year rotation-based
2441
logo program providing for the removal and addition of
2442
participating businesses in the program.
2443
(3) Logo signs may be installed upon the issuance of an
2444
annual permit by the department or its agent and payment of a an
2445
application and permit fee to the department or its agent.
2446
(4) The department may contract pursuant to s. 287.057 for
2447
the provision of services related to the logo sign program,
2448
including recruitment and qualification of businesses, review of
2449
applications, permit issuance, and fabrication, installation, and
2450
maintenance of logo signs. The department may reject all
2451
proposals and seek another request for proposals or otherwise
2452
perform the work. If the department contracts for the provision
2453
of services for the logo sign program, the contract must require,
2454
unless the business owner declines, that businesses that
2455
previously entered into agreements with the department to
2456
privately fund logo sign construction and installation be
2457
reimbursed by the contractor for the cost of the signs which has
2458
not been recovered through a previously agreed upon waiver of
2459
fees. The contract also may allow the contractor to retain a
2460
portion of the annual fees as compensation for its services.
2461
(5) Permit fees for businesses that participate in the
2462
program must be established in an amount sufficient to offset the
2463
total cost to the department for the program, including contract
2464
costs. The department shall provide the services in the most
2465
efficient and cost-effective manner through department staff or
2466
by contracting for some or all of the services. The department
2467
shall adopt rules that set reasonable rates based upon factors
2468
such as population, traffic volume, market demand, and costs for
2469
annual permit fees. However, annual permit fees for sign
2470
locations inside an urban area, as defined in s. 334.03(32), may
2471
not exceed $5,000 and annual permit fees for sign locations
2472
outside an urban area, as defined in s. 334.03(32), may not
2473
exceed $2,500. After recovering program costs, the proceeds from
2474
the logo program shall be deposited into the State Transportation
2475
Trust Fund and used for transportation purposes. Such annual
2476
permit fee shall not exceed $1,250.
2477
Section 49. Section 212.0606, Florida Statutes, is amended
2478
to read:
2479
212.0606 Rental car surcharge; discretionary local rental
2480
car surcharge.--
2481
(1) A surcharge of $2 $2.00 per day or any part of a day is
2482
imposed upon the lease or rental of a motor vehicle licensed for
2483
hire and designed to carry fewer less than nine passengers,
2484
regardless of whether such motor vehicle is licensed in Florida.
2485
The surcharge applies to only the first 30 days of the term of
2486
any lease or rental and. The surcharge is subject to all
2487
applicable taxes imposed by this chapter.
2488
(2)(a) Notwithstanding s. the provisions of section 212.20,
2489
and less costs of administration, 80 percent of the proceeds of
2490
the this surcharge imposed under subsection (1) shall be
2491
deposited in the State Transportation Trust Fund, 15.75 percent
2492
of the proceeds of this surcharge shall be deposited in the
2493
Tourism Promotional Trust Fund created in s. 288.122, and 4.25
2494
percent of the proceeds of this surcharge shall be deposited in
2495
the Florida International Trade and Promotion Trust Fund. As used
2496
in For the purposes of this subsection, "proceeds" of the
2497
surcharge means all funds collected and received by the
2498
department under subsection (1) this section, including interest
2499
and penalties on delinquent surcharges. The department shall
2500
provide the Department of Transportation rental car surcharge
2501
revenue information for the previous state fiscal year by
2502
September 1 of each year.
2503
(b) Notwithstanding any other provision of law, in fiscal
2504
year 2007-2008 and each year thereafter, the proceeds deposited
2505
in the State Transportation Trust Fund shall be allocated on an
2506
annual basis in the Department of Transportation's work program
2507
to each department district, except the Turnpike District. The
2508
amount allocated for each district shall be based upon the amount
2509
of proceeds attributed to the counties within each respective
2510
district.
2511
(3)(a) In addition to the surcharge imposed under
2512
subsection (1), each county containing an international airport
2513
may levy a discretionary local surcharge pursuant to county
2514
ordinance and subject to approval by a majority vote of the
2515
electorate of the county voting in a referendum on the local
2516
surcharge of $2 per day, or any part of a day, upon the lease or
2517
rental, originating at an international airport, of a motor
2518
vehicle licensed for hire and designed to carry fewer than nine
2519
passengers, regardless of whether such motor vehicle is licensed
2520
in this state. The surcharge may be applied to only the first 30
2521
days of the term of the lease or rental and is subject to all
2522
applicable taxes imposed by this chapter.
2523
(b) If the ordinance authorizing the imposition of the
2524
surcharge is approved by such referendum, a certified copy of the
2525
ordinance shall be furnished by the county to the department
2526
within 10 days after such approval, but no later than November 16
2527
prior to the effective date. The notice must specify the time
2528
period during which the surcharge will be in effect and must
2529
include a copy of the ordinance and such other information as the
2530
department requires by rule. Failure to timely provide such
2531
notification to the department shall result in delay of the
2532
effective date for a period of 1 year. The effective date for any
2533
county to impose the surcharge shall be January 1 following the
2534
year in which the ordinance was approved by referendum. A local
2535
surcharge may not terminate on a date other than December 31.
2536
(c) Any dealer that collects the local surcharge but fails
2537
to report surcharge collections by county, as required by
2538
paragraph (4)(b), shall have the surcharge proceeds deposited
2539
into the Solid Waste Management Trust Fund and then transferred
2540
to the Local Option Fuel Tax Trust Fund, which is separate from
2541
the county surcharge collection accounts. The department shall
2542
distribute funds in this account, less the cost of
2543
administration, using a distribution factor determined for each
2544
county that levies a surcharge based on the county's latest
2545
official population determined pursuant to s. 186.901 and
2546
multiplied by the amount of funds in the account and available
2547
for distribution.
2548
(d) Notwithstanding s. 212.20, and less the costs of
2549
administration, the proceeds of the local surcharge imposed under
2550
paragraph (a) shall be transferred to the Local Option Fuel Tax
2551
Trust Fund and distributed monthly by the department under s.
2552
336.025(3)(a)1. or (4)(a) and used solely for costs associated
2553
with the construction, reconstruction, operation, maintenance,
2554
and repair of facilities under a commuter rail service program
2555
provided by the state or other governmental entity. As used in
2556
this subsection, "proceeds" of the local surcharge means all
2557
funds collected and received by the department under this
2558
subsection, including interest and penalties on delinquent
2559
surcharges.
2560
(4)(3)(a) Except as provided in this section, the
2561
department shall administer, collect, and enforce the surcharge
2562
and local surcharge as provided in this chapter.
2563
(b) The department shall require dealers to report
2564
surcharge collections according to the county to which the
2565
surcharge and local surcharge was attributed. For purposes of
2566
this section, the surcharge and local surcharge shall be
2567
attributed to the county where the rental agreement was entered
2568
into.
2569
(c) Dealers who collect a the rental car surcharge shall
2570
report to the department all surcharge and local surcharge
2571
revenues attributed to the county where the rental agreement was
2572
entered into on a timely filed return for each required reporting
2573
period. The provisions of this chapter which apply to interest
2574
and penalties on delinquent taxes shall apply to the surcharge
2575
and local surcharge. The surcharge and local surcharge shall not
2576
be included in the calculation of estimated taxes pursuant to s.
2578
to any amount collected under this section.
2579
(5)(4) The surcharge and any local surcharge imposed by
2580
this section does not apply to a motor vehicle provided at no
2581
charge to a person whose motor vehicle is being repaired,
2582
adjusted, or serviced by the entity providing the replacement
2583
motor vehicle.
2584
Section 50. Subsections (8), (9), (10), (11), (12), (13),
2585
and (14) are added to section 341.301, Florida Statutes, to read:
2588
(8) "Commuter rail passenger" or "passengers" means and
2589
includes any and all persons, ticketed or unticketed, using the
2590
commuter rail service on a department owned rail corridor:
2591
(a) On board trains, locomotives, rail cars, or rail
2592
equipment employed in commuter rail service or entraining and
2593
detraining therefrom;
2594
(b) On or about the rail corridor for any purpose related
2595
to the commuter rail service, including, without limitation,
2596
parking, inquiring about commuter rail service or purchasing
2597
tickets therefor, and coming to, waiting for, leaving from, or
2598
observing trains, locomotives, rail cars, or rail equipment; or
2599
(c) Meeting, assisting, or in the company of any person
2600
described in paragraph (a) or paragraph (b).
2601
(9) "Commuter rail service" means the transportation of
2602
commuter rail passengers and other passengers by rail pursuant to
2603
a rail program provided by the department or any other
2604
governmental entities.
2605
(10) "Rail corridor invitee" means and includes any and all
2606
persons who are on or about a department-owned rail corridor:
2607
(a) For any purpose related to any ancillary development
2608
thereon; or
2609
(b) Meeting, assisting, or in the company of any person
2610
described in paragraph (a).
2611
(11) "Rail corridor" means a linear contiguous strip of
2612
real property that is used for rail service. The term includes
2613
the corridor and structures essential to the operation of a
2614
railroad, including the land, structures, improvements, rights-
2615
of-way, easements, rail lines, rail beds, guideway structures,
2616
switches, yards, parking facilities, power relays, switching
2617
houses, rail stations, ancillary development, and any other
2618
facilities or equipment used for the purposes of construction,
2619
operation, or maintenance of a railroad that provides rail
2620
service.
2621
(12) "Railroad operations" means the use of the rail
2622
corridor to conduct commuter rail service, intercity rail
2623
passenger service, or freight rail service.
2624
(13) "Ancillary development" includes any lessee or
2625
licensee of the department, including, but not limited to, other
2626
governmental entities, vendors, retailers, restaurateurs, or
2627
contract service providers, within a department-owned rail
2628
corridor, except for providers of commuter rail service,
2629
intercity rail passenger service, or freight rail service.
2630
(14) "Governmental entity" or "entities" means as defined
2632
Section 51. Present subsection (17) of Section 341.302,
2633
Florida Statutes, is redesignated as subsection (19) and new
2634
subsections (17) and (18) are added to that section, to read:
2635
341.302 Rail program, duties and responsibilities of the
2636
department.--The department, in conjunction with other
2637
governmental entities units and the private sector, shall develop
2638
and implement a rail program of statewide application designed to
2639
ensure the proper maintenance, safety, revitalization, and
2640
expansion of the rail system to assure its continued and
2641
increased availability to respond to statewide mobility needs.
2642
Within the resources provided pursuant to chapter 216, and as
2643
authorized under federal law Title 49 C.F.R. part 212, the
2644
department shall:
2645
(17) The department is authorized to purchase the required
2646
right-of-way, improvements, and appurtenances of the A-Line rail
2647
corridor from CSX Transportation, Inc., for a maximum purchase
2648
price of $450 million for the primary purpose of implementing
2649
commuter rail service in what is commonly identified as the
2650
Central Florida Rail Corridor, and consisting of an approximately
2651
61.5-mile section of the existing A-Line rail corridor running
2652
from a point at or near Deland, Florida to a point at or near
2653
Poinciana, Florida.
2654
(18) Prior to operation of commuter rail in Central
2655
Florida, CSX and the department shall enter into a written
2656
agreement with the labor unions which will protect the interests
2657
of the employees who could be adversely affected.
2658
(19) In conjunction with the acquisition, ownership,
2659
construction, operation, maintenance, and management of a rail
2660
corridor, the department shall have the authority to:
2661
(a) Assume the obligation by contract to forever protect,
2662
defend, and indemnify and hold harmless the freight rail
2663
operator, or its successors, from whom the department has
2664
acquired a real property interest in the rail corridor, and that
2665
freight rail operator's officers, agents, and employees, from and
2666
against any liability, cost, and expense including, but not
2667
limited to, commuter rail passengers, rail corridor invitees, and
2668
trespassers in the rail corridor, regardless of whether the loss,
2669
damage, destruction, injury, or death giving rise to any such
2670
liability, cost, or expense is caused in whole or in part and to
2671
whatever nature or degree by the fault, failure, negligence,
2672
misconduct, nonfeasance, or misfeasance of such freight rail
2673
operator, its successors, or its officers, agents, and employees,
2674
or any other person or persons whomsoever, provided that such
2675
assumption of liability of the department by contract shall not
2676
in any instance exceed the following parameters of allocation of
2677
risk:
2678
1. The department may be solely responsible for any loss,
2679
injury, or damage to commuter rail passengers, rail corridor
2680
invitees, or trespassers, regardless of circumstances or cause,
2681
subject to subparagraphs 2., 3., and 4.
2682
2. When only one train is involved in an incident, the
2683
department may be solely responsible for any loss, injury, or
2684
damage if the train is a department train or other train pursuant
2685
to subparagraph 3., but only if in an instance when only a
2686
freight rail operator train is involved the freight rail operator
2687
is solely responsible for any loss, injury, or damage, except for
2688
commuter rail passengers, rail corridor invitees, and
2689
trespassers, and the freight rail operator is solely responsible
2690
for its property and all of its people in any instance when its
2691
train is involved in an incident.
2692
3. For the purposes of this subsection, any train involved
2693
in an incident that is neither the department's train nor the
2694
freight rail operator's train, hereinafter referred to in this
2695
subsection as an "other train," may be treated as a department
2696
train, solely for purposes of any allocation of liability between
2697
the department and the freight rail operator only, but only if
2698
the department and the freight rail operator share responsibility
2699
equally as to third parties outside the rail corridor who incur
2700
loss, injury, or damage as a result of any incident involving
2701
both a department train and a freight rail operator train, and
2702
the allocation as between the department and the freight rail
2703
operator, regardless of whether the other train is treated as a
2704
department train, shall remain one-half each as to third parties
2705
outside the rail corridor who incur loss, injury, or damage as a
2706
result of the incident, and the involvement of any other train
2707
shall not alter the sharing of equal responsibility as to third
2708
parties outside the rail corridor who incur loss, injury, or
2709
damage as a result of the incident.
2710
4. When more than one train is involved in an incident:
2711
a. If only a department train and a freight rail operator's
2712
train, or only another train as described in subparagraph 3. and
2713
a freight rail operator's train, are involved in an incident, the
2714
department may be responsible for its property and all of its
2715
people, all commuter rail passengers, rail corridor invitees, and
2716
trespassers, but only if the freight rail operator is responsible
2717
for its property and all of its people, and the department and
2718
the freight rail operator share responsibility one-half each as
2719
to third parties outside the rail corridor who incur loss,
2720
injury, or damage as a result of the incident.
2721
b. If a department train, a freight rail operator train,
2722
and any other train are involved in an incident, the allocation
2723
of liability as between the department and the freight rail
2724
operator, regardless of whether the other train is treated as a
2725
department train, shall remain one-half each as to third parties
2726
outside the rail corridor who incur loss, injury, or damage as a
2727
result of the incident; the involvement of any other train shall
2728
not alter the sharing of equal responsibility as to third parties
2729
outside the rail corridor who incur loss, injury, or damage as a
2730
result of the incident; and, if the owner, operator, or insurer
2731
of the other train makes any payment to injured third parties
2732
outside the rail corridor who incur loss, injury, or damage as a
2733
result of the incident, the allocation of credit between the
2734
department and the freight rail operator as to such payment shall
2735
not in any case reduce the freight rail operator's third party
2736
sharing allocation of one-half under this paragraph to less than
2737
one-third of the total third party liability.
2738
5. Any such contractual duty to protect, defend, indemnify,
2739
and hold harmless such a freight rail operator shall expressly
2740
include a specific cap on the amount of the contractual duty,
2741
which amount shall not exceed $200 million without prior
2742
legislative approval; require the department to purchase
2743
liability insurance and establish a self-insurance retention fund
2744
in the amount of the specific cap established under this
2745
paragraph; provide that no such contractual duty shall in any
2746
case be effective nor otherwise extend the department's liability
2747
in scope and effect beyond the contractual liability insurance
2748
and self-insurance retention fund required pursuant to this
2749
paragraph; and provide that the freight rail operator's
2750
compensation to the department for future use of the department's
2751
rail corridor shall include a monetary contribution to the cost
2752
of such liability coverage for the sole benefit of the freight
2753
rail operator.
2754
(b) Purchase liability insurance which amount shall not
2755
exceed $250 million and establish a self-insurance retention fund
2756
for the purpose of paying the deductible limit established in the
2757
insurance policies it may obtain, including coverage for the
2758
department, any freight rail operator as described in paragraph
2759
(a), commuter rail service providers, governmental entities, or
2760
ancillary development; however, the insureds shall pay a
2761
reasonable monetary contribution to the cost of such liability
2762
coverage for the sole benefit of the insured. Such insurance and
2763
self-insurance retention fund may provide coverage for all
2764
damages, including, but not limited to, compensatory, special,
2765
and exemplary, and be maintained to provide an adequate fund to
2766
cover claims and liabilities for loss, injury, or damage arising
2767
out of or connected with the ownership, operation, maintenance,
2768
and management of a rail corridor.
2769
(c) Incur expenses for the purchase of advertisements,
2770
marketing, and promotional items.
2771
2772
Neither the assumption by contract to protect, defend, indemnify,
2773
and hold harmless; the purchase of insurance; nor the
2774
establishment of a self-insurance retention fund shall be deemed
2775
to be a waiver of any defense of sovereign immunity for torts nor
2776
deemed to increase the limits of the department's or the
2777
governmental entity's liability for torts as provided in s.
2779
purchase of any insurance hereunder. The provisions of this
2780
subsection shall apply and inure fully as to any other
2781
governmental entity providing commuter rail service and
2782
constructing, operating, maintaining, or managing a rail corridor
2783
on publicly owned right-of-way under contract by the governmental
2784
entity with the department or a governmental entity designated by
2785
the department.
2786
Section 52. Paragraph (d) of subsection (10) of section
2787
768.28, Florida Statutes, is amended to read:
2788
768.28 Waiver of sovereign immunity in tort actions;
2789
recovery limits; limitation on attorney fees; statute of
2790
limitations; exclusions; indemnification; risk management
2791
programs.--
2792
(10)
2793
(d) For the purposes of this section, operators,
2794
dispatchers, and providers of security for rail services and rail
2795
facility maintenance providers in the South Florida Rail Corridor
2796
or the Central Florida Rail Corridor, or any of their employees
2797
or agents, performing such services under contract with and on
2798
behalf of the South Florida Regional Transportation Authority or
2799
the Department of Transportation shall be considered agents of
2800
the state while acting within the scope of and pursuant to
2801
guidelines established in the said contract or by rule; provided,
2802
however, that the state, for itself, the Department of
2803
Transportation and such agents, hereby waives sovereign immunity
2804
for liability for torts within the limits of insurance and self
2805
insurance coverage provided for each rail corridor, which
2806
coverage shall not be less than $250 million per year aggregate
2807
coverage per corridor with limits of not less than $250,000 per
2808
person and $500,000 per incident or occurrence. Notwithstanding
2809
subsection (8), an attorney may charge, demand, receive, or
2810
collect, for services rendered, fees up to 40 percent of any
2811
judgment or settlement related to the South Florida Rail Corridor
2812
or the Central Florida Rail Corridor. This subsection shall not
2813
be construed as designating persons providing contracted
2814
operator, dispatcher, security officer, rail facility
2815
maintenance, or other services as employees or agents for the
2816
state for purposes of the Federal Employers Liability Act, the
2817
Federal Railway Labor Act, or chapter 440.
2818
Section 53. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.