HB 5067

1
A bill to be entitled
2An act relating to state infrastructure; amending s.
3201.15, F.S.; revising the amount of funds from certain
4taxes distributed to the State Transportation Trust Fund;
5providing for revised funding levels for Department of
6Transportation projects; deleting a provision for
7distributing certain amounts to the Grants and Donations
8Trust Fund in the Department of Community Affairs for
9certain purposes; amending s. 215.211, F.S.; providing for
10specified service charges on certain revenues distributed
11to the State Transportation Trust Fund; revising
12provisions for funds to be used to fund the County
13Incentive Grant Program and the Small County Outreach
14Program; amending s. 311.09, F.S.; revising provisions for
15evaluation, approval, and funding of seaport projects;
16revising duties and responsibilities of the Florida
17Seaport Transportation and Economic Development Council;
18amending s. 316.251, F.S.; conforming a cross-reference to
19changes made by the act; amending s. 318.15, F.S.;
20increasing the nonrefundable service charge paid to the
21Department of Highway Safety and Motor Vehicles or to the
22clerk of the court to reinstate a suspended driver's
23license and privilege to drive; providing for disposition
24of proceeds collected; amending s. 318.18, F.S.;
25increasing the additional civil penalty for late payment
26of civil traffic penalties; providing for distribution and
27use of moneys collected; directing a portion of the moneys
28collected be used to recruit and retain officers of the
29Florida Highway Patrol; amending s. 319.001, F.S.;
30defining the term "certificate of title"; amending s.
31319.40, F.S.; authorizing the issuance of electronic motor
32vehicle titles in lieu of paper motor vehicle titles;
33authorizing the department to collect and use e-mail
34addresses of motor vehicle owners and registrants as a
35notification method; amending ss. 320.04 and 320.06, F.S.;
36providing for distribution of certain moneys collected
37relating to registration of motor vehicles and mobile
38homes; amending s. 320.08, F.S.; revises uses of certain
39motorcycle and moped license tax fees; amending ss.
40320.0805 and 320.08056, F.S.; providing for disposition of
41certain specialty license plate processing fees; amending
42s. 320.20, F.S.; providing for distribution of certain
43proceeds from license tax fees; amending s. 320.203, F.S.,
44relating to disposition of biennial license tax moneys;
45conforming provisions to changes made by the act; amending
46s. 320.95, F.S.; authorizing the department to collect and
47use e-mail addresses of motor vehicle owners and
48registrants as a notification method; amending s. 322.025,
49F.S.; revising provisions for funding of certain driver
50improvement programs; amending s. 322.0255, F.S.;
51eliminating requirements for motorcycle safety education
52course reimbursements; amending s. 322.17, F.S.; revising
53disposition of proceeds from fees for duplicate and
54replacement certificates; repealing s. 322.181, F.S.,
55relating to a study of effects of aging on driving
56ability; eliminating the Florida At-Risk Driver Council;
57amending s. 322.21, F.S.; increasing the service fees for
58reinstating a suspended or revoked driver's license or
59commercial motor vehicle license; revising provisions for
60distribution and use of the funds received; requiring that
61a certain amount of the funds be used to establish a
62recruitment and retention salary payment plan for officers
63of the Florida Highway Patrol; amending s. 322.29, F.S.,
64relating to the surrender and return of a license;
65conforming provisions to changes made by the act; amending
66s. 324.071, F.S.; providing for distribution of driver's
67license reinstatement fees; amending s. 328.30, F.S.;
68authorizing the use of electronic mail for distribution of
69vessel titles; authorizing the department to collect and
70use e-mail addresses of vessel owners and registrants as a
71notification method; amending s. 328.80, F.S.; authorizing
72the department to accept certain applications by
73electronic or telephonic means; authorizing the department
74to collect and use e-mail addresses of vessel owners and
75registrants as a notification method; amending s. 334.044,
76F.S.; revising duties of the Department of Transportation;
77removing certain roadside beautification provisions;
78amending s. 339.135, F.S.; providing for use of
79transportation revenues; providing for revised funding
80levels for Department of Transportation projects; amending
81ss. 403.890, 403.891, and 501.976, F.S.; conforming cross-
82references to changes made by the act; amending s.
831013.63, F.S.; revising provisions for funding the
84University Concurrency Trust Fund within the Department of
85Education; transferring the Office of Motor Carrier
86Compliance to the Division of the Florida Highway Patrol
87of the Department of Highway Safety and Motor Vehicles;
88directing the Division of Statutory Revision of the Office
89of Legislative Services to prepare a reviser's bill to
90conform the Florida Statutes to organizational changes
91made by the act; providing an effective date.
92
93Be It Enacted by the Legislature of the State of Florida:
94
95     Section 1.  Paragraph (d) of subsection (1) of section
96201.15, Florida Statutes, is amended to read:
97     201.15  Distribution of taxes collected.--All taxes
98collected under this chapter shall be distributed as follows and
99shall be subject to the service charge imposed in s. 215.20(1),
100except that such service charge shall not be levied against any
101portion of taxes pledged to debt service on bonds to the extent
102that the amount of the service charge is required to pay any
103amounts relating to the bonds:
104     (1)  Sixty-two and sixty-three hundredths percent of the
105remaining taxes collected under this chapter shall be used for
106the following purposes:
107     (d)  The remainder of the moneys distributed under this
108subsection, after the required payments under paragraphs (a),
109(b), and (c), shall be paid into the State Treasury to the
110credit of:
111     1.  The State Transportation Trust Fund in the Department
112of Transportation in the amount of $326.75 $541.75 million in
113each fiscal year, to be paid in quarterly installments and used
114for the following specified purposes, notwithstanding any other
115law to the contrary:
116     a.  For the purposes of capital funding for the New Starts
117Transit Program, authorized by Title 49, U.S.C. s. 5309 and
118specified in s. 341.051, 10 percent of these funds;
119     b.  For the purposes of the Small County Outreach Program
120specified in s. 339.2818, 5 percent of these funds;
121     c.  For the purposes of the Strategic Intermodal System
122specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
123of these funds after allocating for the New Starts Transit
124Program described in sub-subparagraph a. and the Small County
125Outreach Program described in sub-subparagraph b.; and
126     d.  For the purposes of the Transportation Regional
127Incentive Program specified in s. 339.2819, 25 percent of these
128funds after allocating for the New Starts Transit Program
129described in sub-subparagraph a. and the Small County Outreach
130Program described in sub-subparagraph b.
131     2.  Notwithstanding sub-subparagraphs 1.a.-d. and s.
132339.135(4)(a)1., in fiscal years 2008-2009 through 2009-2010,
133the Department of Transportation shall ensure, to the maximum
134extent practicable, that projects that have been advertised for
135contract lettings for the fiscal year beginning July 1, 2008,
136are not impacted by revised funding levels provided in
137subparagraph 1.
138     3.  Notwithstanding sub-subparagraphs 1.a.-d. and s.
139339.135(4)(a)1., in fiscal years 2008-2009 through 2012-2013, as
140a result of reduced revenues, the Department of Transportation
141shall reduce work program levels to balance the finance plan to
142the revised funding levels described in subparagraph 1. Prior to
143any project or phase thereof being deferred, these reductions
144shall be made to financial projects not programmed for contract
145letting as identified with a work program contract class code 8
146and the box code RV. These reductions shall not negatively
147impact safety, preservation, maintenance, or project contingency
148levels as of July 1, 2008.
149     4.2.  For the 2007-2008 fiscal year and each fiscal year
150thereafter, the Water Protection and Sustainability Program
151Trust Fund in the Department of Environmental Protection in the
152amount of $80 million in each fiscal year, to be paid in
153quarterly installments and used as required by s. 403.890.
154     3.  The Grants and Donations Trust Fund in the Department
155of Community Affairs in the amount of $3.25 million in each
156fiscal year to be paid in monthly installments, with $3 million
157to be used to fund technical assistance to local governments and
158school boards on the requirements and implementation of this act
159and $250,000 to be used to fund the Century Commission
160established in s. 163.3247.
161     5.  Moneys distributed pursuant to this paragraph may not
162be pledged for debt service unless such pledge is approved by
163referendum of the voters.
164     Section 2.  Section 215.211, Florida Statutes, is amended
165to read:
166     215.211  Service charge; elimination or reduction for
167specified proceeds.--
168     (1)  Effective July 1, 2008 Notwithstanding the provisions
169of s. 215.20(1) and (3), the service charge provided in s.
170215.20(1) and (3) shall be, which is deducted from the proceeds
171of the taxes distributed under ss. 206.606(1), 207.026,
172212.0501(6), and 319.32(5) and from, shall be eliminated
173beginning July 1, 2000.
174     (2)  Notwithstanding the provisions of s. 215.20(1) and
175(3), the service charge provided in s. 215.20(1) and (3), which
176is deducted from the proceeds of the taxes distributed under ss.
177206.608 and 320.072(4), shall be eliminated beginning July 1,
1782001.
179     (2)(3)  Notwithstanding the provisions of s. 215.20(1), the
180service charge provided in s. 215.20(1), which is deducted from
181the proceeds of the local option fuel tax distributed under s.
182336.025, shall be reduced as follows:
183     (a)  For the period July 1, 2005, through June 30, 2006,
184the rate of the service charge shall be 3.5 percent.
185     (b)  Beginning July 1, 2006, and thereafter, no service
186charge provided in s. 215.20(1) shall be deducted from the
187proceeds of the local option fuel tax distributed under s.
188336.025.
189     (3)  From revenues derived from s. 336.025, excluding
190revenues derived from s. 336.025(1)(b), an amount equal to 7
191percent of those revenues The increased revenues derived from
192this subsection shall be deposited in the State Transportation
193Trust Fund and used to fund the County Incentive Grant Program
194and the Small County Outreach Program. Up to 20 percent of such
195funds shall be used for the purpose of implementing the Small
196County Outreach Program as provided in this act. Notwithstanding
197any other laws to the contrary, the requirements of ss. 339.135,
198339.155, and 339.175 shall not apply to these funds and
199programs.
200     Section 3.  Section 311.09, Florida Statutes is amended to
201read:
202     311.09  Florida Seaport Transportation and Economic
203Development Council.--
204     (1)  The Florida Seaport Transportation and Economic
205Development Council is created within the Department of
206Transportation. The council consists of the following 17
207members: the port director, or the port director's designee, of
208each of the ports of Jacksonville, Port Canaveral, Fort Pierce,
209Palm Beach, Port Everglades, Miami, Port Manatee, St.
210Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
211West, and Fernandina; the secretary of the Department of
212Transportation or his or her designee; the director of the
213Office of Tourism, Trade, and Economic Development or his or her
214designee; and the secretary of the Department of Community
215Affairs or his or her designee.
216     (2)  The council shall adopt bylaws governing the manner in
217which the business of the council will be conducted. The bylaws
218shall specify the procedure by which the chairperson of the
219council is elected.
220     (3)  The council shall prepare a 5-year Florida Seaport
221Mission Plan defining the goals and objectives of the council
222concerning the development of port facilities and an intermodal
223transportation system consistent with the goals of the Florida
224Transportation Plan developed pursuant to s. 339.155. The
225Florida Seaport Mission Plan shall include specific
226recommendations for the construction of transportation
227facilities connecting any port to another transportation mode
228and for the efficient, cost-effective development of
229transportation facilities or port facilities for the purpose of
230enhancing international trade, promoting cargo flow, increasing
231cruise passenger movements, increasing port revenues, and
232providing economic benefits to the state. The council shall
233update the 5-year Florida Seaport Mission Plan annually and
234shall submit the plan no later than February 1 of each year to
235the President of the Senate; the Speaker of the House of
236Representatives; the Office of Tourism, Trade, and Economic
237Development; the Department of Transportation; and the
238Department of Community Affairs. The council shall develop
239programs, based on an examination of existing programs in
240Florida and other states, for the training of minorities and
241secondary school students in job skills associated with
242employment opportunities in the maritime industry, and report on
243progress and recommendations for further action to the President
244of the Senate and the Speaker of the House of Representatives
245annually.
246     (4)  The department council shall adopt rules for
247evaluating projects which may be funded under ss. 311.07 and
248320.20. The rules shall provide criteria for evaluating the
249economic benefit of the project, measured by the potential for
250the proposed project to maintain or increase cargo flow, cruise
251passenger movement, international commerce, port revenues, and
252the number of jobs for the port's local community.
253     (5)  The council shall review and approve or disapprove
254each project eligible to be funded pursuant to the Florida
255Seaport Transportation and Economic Development Program. The
256council shall annually recommend submit to the Secretary of
257Transportation; the director of the Office of Tourism, Trade,
258and Economic Development; and the Secretary of Community Affairs
259a list of projects for approval which have been approved by the
260council. The list shall specify the recommended funding level
261for each project; and, if staged implementation of the project
262is appropriate, the funding requirements for each stage shall be
263specified. The council may submit to the department a list of
264approved projects that could be made production-ready within the
265next 2 years. The list shall be submitted as part of the needs
266and project list prepared pursuant to s. 339.135.
267     (6)  The Department of Community Affairs shall review the
268list of projects approved by the council to determine
269consistency with approved local government comprehensive plans
270of the units of local government in which the port is located
271and consistency with the port master plan. The Department of
272Community Affairs shall identify and notify the Department of
273Transportation council of those projects which are not
274consistent, to the maximum extent feasible, with such
275comprehensive plans and port master plans.
276     (7)  The Department of Transportation shall review the list
277of projects submitted approved by the council for consistency
278with the Florida Transportation Plan and the department's
279adopted work program. In evaluating the consistency of a
280project, the department shall determine whether the
281transportation impact of the proposed project is adequately
282handled by existing state-owned transportation facilities or by
283the construction of additional state-owned transportation
284facilities as identified in the Florida Transportation Plan and
285the department's adopted work program. In reviewing for
286consistency a transportation facility project as defined in s.
287334.03(31) which is not otherwise part of the department's work
288program, the department shall evaluate whether the project is
289needed to provide for projected movement of cargo or passengers
290from the port to a state transportation facility or local road.
291If the project is needed to provide for projected movement of
292cargo or passengers, the project shall be approved for
293consistency as a consideration to facilitate the economic
294development and growth of the state in a timely manner. The
295Department of Transportation shall identify those projects which
296are inconsistent with the Florida Transportation Plan and the
297adopted work program and shall notify the council of projects
298found to be inconsistent.
299     (8)  The Office of Tourism, Trade, and Economic
300Development, in consultation with Enterprise Florida, Inc.,
301shall review the list of projects submitted approved by the
302council to evaluate the economic benefit of the project and to
303determine whether the project is consistent with the Florida
304Seaport Mission Plan. The Office of Tourism, Trade, and Economic
305Development shall review the economic benefits of each project
306based upon the rules adopted pursuant to subsection (4). The
307Office of Tourism, Trade, and Economic Development shall
308identify those projects which it has determined do not offer an
309economic benefit to the state or are not consistent with the
310Florida Seaport Mission Plan and shall notify the Department of
311Transportation council of its findings.
312     (9)  The Department of Transportation council shall review
313the findings of the Department of Community Affairs and; the
314Office of Tourism, Trade, and Economic Development; and the
315Department of Transportation. Projects found to be inconsistent
316pursuant to subsections (6), (7), and (8) and projects which
317have been determined not to offer an economic benefit to the
318state pursuant to subsection (8) shall not be included in the
319list of projects to be funded.
320     (10)  The Department of Transportation shall include in its
321annual legislative budget request a Florida Seaport
322Transportation and Economic Development grant program for
323expenditure of funds of not less than $8 million per year. Such
324budget shall include funding for projects approved by the
325Department of Transportation council which have been determined
326by each agency to be consistent and which have been determined
327by the Office of Tourism, Trade, and Economic Development to be
328economically beneficial. The council may submit to the
329department a list of approved projects that could be made
330production-ready within the next 2 years. The list shall be
331submitted as part of the needs and project list prepared
332pursuant to s. 339.135.
333     (11)  The council shall meet at the call of its
334chairperson, at the request of a majority of its membership, or
335at such times as may be prescribed in its bylaws. However, the
336council must meet at least semiannually. A majority of voting
337members of the council constitutes a quorum for the purpose of
338transacting the business of the council. All members of the
339council are voting members. A vote of the majority of the voting
340members present is sufficient for any action of the council,
341except that a member representing the Department of
342Transportation, the Department of Community Affairs, or the
343Office of Tourism, Trade, and Economic Development may vote to
344overrule any action of the council approving a project pursuant
345to subsection (5). The bylaws of the council may require a
346greater vote for a particular action.
347     (12)  Members of the council shall serve without
348compensation but are entitled to receive reimbursement for per
349diem and travel expenses as provided in s. 112.061. The council
350may elect to provide an administrative staff to provide services
351to the council on matters relating to the Florida Seaport
352Transportation and Economic Development Program and the council.
353The cost for such administrative services shall be established
354in the bylaws of the council, except that no federal or state
355revenues shall be used for such administrative service paid by
356all ports that receive funding from the Florida Seaport
357Transportation and Economic Development Program, based upon a
358pro rata formula measured by each recipient's share of the funds
359as compared to the total funds disbursed to all recipients
360during the year. The share of costs for administrative services
361shall be paid in its total amount by the recipient port upon
362execution by the port and the Department of Transportation of a
363joint participation agreement for each council-approved project,
364and such payment is in addition to the matching funds required
365to be paid by the recipient port. Except as otherwise exempted
366by law, all moneys derived from the Florida Seaport
367Transportation and Economic Development Program shall be
368expended in accordance with the provisions of s. 287.057.
369Seaports subject to competitive negotiation requirements of a
370local governing body shall abide by the provisions of s.
371287.055.
372     Section 4.  Subsection (2) of section 316.251, Florida
373Statutes, is amended to read:
374     316.251  Maximum bumper heights.--
375     (2)  "New motor vehicles" as defined in s. 319.001(9)(8),
376"antique automobiles" as defined in s. 320.08, "horseless
377carriages" as defined in s. 320.086, and "street rods" as
378defined in s. 320.0863 shall be excluded from the requirements
379of this section.
380     Section 5.  Subsection (2) of section 318.15, Florida
381Statutes, is amended to read:
382     318.15  Failure to comply with civil penalty or to appear;
383penalty.--
384     (2)  After suspension of the driver's license and privilege
385to drive of a person under subsection (1), the license and
386privilege may not be reinstated until the person complies with
387all obligations and penalties imposed on him or her under s.
388318.18 and presents to a driver license office a certificate of
389compliance issued by the court, together with a nonrefundable
390service charge of up to $60 $47.50 imposed under s. 322.29, or
391presents a certificate of compliance and pays the aforementioned
392service charge of up to $60 $47.50 to the clerk of the court or
393a driver licensing agent authorized in s. 322.135 clearing such
394suspension. Of the charge collected by the clerk of the court or
395driver licensing agent, $10 shall be remitted to the Department
396of Revenue to be deposited into the Highway Safety Operating
397Trust Fund and $12.50 shall be remitted to the Department of
398Revenue to be deposited into the Department of Highway Safety
399and Motor Vehicles Law Enforcement Trust Fund. Such person shall
400also be in compliance with requirements of chapter 322 prior to
401reinstatement.
402     Section 6.  Paragraph (a) of subsection (8) of section
403318.18, Florida Statutes, is amended to read:
404     318.18  Amount of penalties.--The penalties required for a
405noncriminal disposition pursuant to s. 318.14 or a criminal
406offense listed in s. 318.17 are as follows:
407     (8)(a)  Any person who fails to comply with the court's
408requirements or who fails to pay the civil penalties specified
409in this section within the 30-day period provided for in s.
410318.14 must pay an additional civil penalty of $20 $12, $2.50 of
411which must be remitted to the Department of Revenue for deposit
412in the General Revenue Fund, and $9.50 of which must be remitted
413to the Department of Revenue for deposit in the Highway Safety
414Operating Trust Fund, and $8 of which must be remitted to the
415Department of Revenue to be deposited into the Department of
416Highway Safety and Motor Vehicles Law Enforcement Trust Fund.
417The portion of each additional civil penalty imposed by this
418paragraph remitted to the Department of Highway Safety and Motor
419Vehicles Law Enforcement Trust Fund shall be used to recruit and
420retain officers of the Florida Highway Patrol, which includes
421all career service levels of rank. The department shall contract
422with the Florida Association of Court Clerks, Inc., to design,
423establish, operate, upgrade, and maintain an automated statewide
424Uniform Traffic Citation Accounting System to be operated by the
425clerks of the court which shall include, but not be limited to,
426the accounting for traffic infractions by type, a record of the
427disposition of the citations, and an accounting system for the
428fines assessed and the subsequent fine amounts paid to the
429clerks of the court. On or before December 1, 2001, the clerks
430of the court must provide the information required by this
431chapter to be transmitted to the department by electronic
432transmission pursuant to the contract.
433     Section 7.  Subsections (1) through (11) of section
434319.001, Florida Statutes, are renumbered as subsections (2)
435through (12), respectively, and a new subsection (1) is added to
436that section to read:
437     319.001  Definitions.--As used in this chapter, the term:
438     (1)  "Certificate of title" means the record that is
439evidence of ownership of a vehicle, whether a paper certificate
440authorized by the department or a certificate consisting of
441information that is stored in an electronic form in the
442department's database.
443     Section 8.  Section 319.40, Florida Statutes, is amended to
444read:
445     319.40  Transactions by electronic or telephonic means.--
446     (1)  The department is authorized to accept any application
447provided for under this chapter by electronic or telephonic
448means.
449     (2)  The department may issue an electronic certificate of
450title in lieu of printing a paper title.
451     (3)  The department may collect and use e-mail addresses of
452motor vehicle owners and registrants as a notification method in
453lieu of the United States Postal Service.
454     Section 9.  Paragraph (a) of subsection (1) of section
455320.04, Florida Statutes, is amended to read:
456     320.04  Registration service charge.--
457     (1)(a)  There shall be a service charge of $2.50 for each
458application which is handled in connection with original
459issuance, duplicate issuance, or transfer of any license plate,
460mobile home sticker, or validation sticker or with transfer or
461duplicate issuance of any registration certificate. There may
462also be a service charge of up to $1 for the issuance of each
463license plate validation sticker, vessel decal, and mobile home
464sticker issued from an automated vending facility or printer
465dispenser machine which shall be collected by the department and
466immediately deposited into the General Revenue Fund of the state
467payable to and retained by the department to provide for
468automated vending facilities or printer dispenser machines used
469to dispense such stickers and decals by each tax collector's or
470license tag agent's employee.
471     Section 10.  Paragraph (b) of subsection (3) of section
472320.06, Florida Statutes, is amended to read:
473     320.06  Registration certificates, license plates, and
474validation stickers generally.--
475     (3)
476     (b)  An additional fee of 50 cents shall be collected and
477deposited into the Highway Safety Operating Trust Fund on each
478motor vehicle registration or motor vehicle renewal registration
479issued in this state in order that all license plates and
480validation stickers be fully treated with retroreflective
481material.
482     Section 11.  Paragraph (c) of subsection (1) of section
483320.08, Florida Statutes is amended to read:
484     320.08  License taxes.--Except as otherwise provided
485herein, there are hereby levied and imposed annual license taxes
486for the operation of motor vehicles, mopeds, motorized bicycles
487as defined in s. 316.003(2), and mobile homes, as defined in s.
488320.01, which shall be paid to and collected by the department
489or its agent upon the registration or renewal of registration of
490the following:
491     (1)  MOTORCYCLES and MOPEDS.--
492     (c)  Upon registration of any motorcycle, motor-driven
493cycle, or moped there shall be paid in addition to the license
494taxes specified in this subsection a nonrefundable motorcycle
495safety education fee in the amount of $2.50. The proceeds of
496such additional fee shall be deposited in the Highway Safety
497Operating Trust Fund and be used exclusively to fund a
498motorcycle driver improvement program implemented pursuant to s.
499322.025 or the Florida Motorcycle Safety Education Program
500established in s. 322.0255 or the general operations of the
501department.
502     Section 12.  Subsection (2) of section 320.0805, Florida
503Statutes, is amended to read:
504     320.0805  Personalized prestige license plates.--
505     (2)  Each request for specific numbers or letters or
506combinations thereof shall be submitted annually to the
507department on an application form supplied by the department,
508accompanied by the following tax and fees:
509     (a)  The license tax required for the vehicle, as set forth
510in s. 320.08.;
511     (b)  A prestige plate annual use fee of $10.; and
512     (c)  A processing fee of $2, to be deposited into the
513Highway Safety Operating Trust Fund.
514     Section 13.  Paragraph (b) of subsection (3) of section
515320.08056, Florida Statutes, is amended to read:
516     320.08056  Specialty license plates.--
517     (3)  Each request must be made annually to the department,
518accompanied by the following tax and fees:
519     (b)  A processing fee of $2, to be deposited into the
520Highway Safety Operating Trust Fund.
521
522A request may be made any time during a registration period. If
523a request is made for a specialty license plate to replace a
524current valid license plate, the specialty license plate must be
525issued with appropriate decals attached at no tax for the plate,
526but all fees and service charges must be paid. When a request is
527made for a specialty license plate at the beginning of the
528registration period, the tax, together with all applicable fees
529and service charges, must be paid.
530     Section 14.  Section 320.20, Florida Statutes, is amended
531to read:
532     320.20  Disposition of license tax moneys.--The revenue
533derived from the registration of motor vehicles, including any
534delinquent fees and excluding those revenues collected and
535distributed under the provisions of s. 320.081, must be
536distributed monthly, as collected, as follows:
537     (1)  The first proceeds, to the extent necessary to comply
538with the provisions of s. 18, Art. XII of the State Constitution
539of 1885, as adopted by s. 9(d), Art. XII, 1968 revised
540constitution, and the additional provisions of s. 9(d) and s.
5411010.57, must be deposited in the district Capital Outlay and
542Debt Service School Trust Fund.
543     (2)  Forty-five percent of the proceeds remaining after the
544distribution in subsection (1) shall be deposited in the
545Department of Highway Safety and Motor Vehicles Law Enforcement
546Trust Fund. These funds shall be used exclusively to fund the
547general operations of the Florida Highway Patrol within the
548department.
549     (3)(2)  Twenty-five million dollars per year of such
550revenues must be deposited in the State Transportation Trust
551Fund, with priority use assigned to completion of the interstate
552highway system. However, any excess funds may be utilized for
553general transportation purposes, consistent with the Department
554of Transportation's legislatively approved objectives.
555     (4)(3)  Notwithstanding any other provision of law except
556subsections (1), (2), and (3) (2), on July 1, 1996, and annually
557thereafter, $15 million shall be deposited annually in the State
558Transportation Trust Fund solely for the purposes of funding the
559Florida Seaport Transportation and Economic Development Program
560as provided for in chapter 311. Such revenues shall be
561distributed on a 50-50 matching basis to any port listed in s.
562311.09(1) to be used for funding projects as described in s.
563311.07(3)(b). Such revenues may be assigned, pledged, or set
564aside as a trust for the payment of principal or interest on
565bonds, tax anticipation certificates, or any other form of
566indebtedness issued by an individual port or appropriate local
567government having jurisdiction thereof, or collectively by
568interlocal agreement among any of the ports, or used to purchase
569credit support to permit such borrowings. However, such debt
570shall not constitute a general obligation of the State of
571Florida. The state does hereby covenant with holders of such
572revenue bonds or other instruments of indebtedness issued
573hereunder that it will not repeal or impair or amend in any
574manner which will materially and adversely affect the rights of
575such holders so long as bonds authorized by this section are
576outstanding. Any revenues which are not pledged to the repayment
577of bonds as authorized by this section may be utilized for
578purposes authorized under the Florida Seaport Transportation and
579Economic Development Program. This revenue source is in addition
580to any amounts provided for and appropriated in accordance with
581s. 311.07. The Department of Transportation Florida Seaport
582Transportation and Economic Development Council shall approve
583distribution of funds to ports for projects which have been
584approved pursuant to s. 311.09(5)-(9). The council and the
585Department of Transportation is are authorized to perform such
586acts as are required to facilitate and implement the provisions
587of this subsection. To better enable the ports to cooperate to
588their mutual advantage, the governing body of each port may
589exercise powers provided to municipalities or counties in s.
590163.01(7)(d) subject to the provisions of chapter 311 and
591special acts, if any, pertaining to a port. The use of funds
592provided pursuant to this subsection are limited to eligible
593projects listed in this subsection. Income derived from a
594project completed with the use of program funds, beyond
595operating costs and debt service, shall be restricted to further
596port capital improvements consistent with maritime purposes and
597for no other purpose. Use of such income for nonmaritime
598purposes is prohibited. The provisions of s. 311.07(4) do not
599apply to any funds received pursuant to this subsection. The
600revenues available under this subsection shall not be pledged to
601the payment of any bonds other than the Florida Ports Financing
602Commission Series 1996 and Series 1999 Bonds currently
603outstanding; provided, however, such revenues may be pledged to
604secure payment of refunding bonds to refinance the Florida Ports
605Financing Commission Series 1996 and Series 1999 Bonds. No
606refunding bonds secured by revenues available under this
607subsection may be issued with a final maturity later than the
608final maturity of the Florida Ports Financing Commission Series
6091996 and Series 1999 Bonds or which provide for higher debt
610service in any year than is currently payable on such bonds. Any
611revenue bonds or other indebtedness issued after July 1, 2000,
612other than refunding bonds shall be issued by the Division of
613Bond Finance at the request of the Department of Transportation
614pursuant to the State Bond Act.
615     (5)(4)  Notwithstanding any other provision of law except
616subsections (1), (2), (3), and (4) (3), on July 1, 1999, and
617annually thereafter, $10 million shall be deposited annually in
618the State Transportation Trust Fund solely for the purposes of
619funding the Florida Seaport Transportation and Economic
620Development Program as provided in chapter 311 and for funding
621seaport intermodal access projects of statewide significance as
622provided in s. 341.053. Such revenues shall be distributed to
623any port listed in s. 311.09(1), to be used for funding projects
624as follows:
625     (a)  For any seaport intermodal access projects that are
626identified in the 1997-1998 Tentative Work Program of the
627Department of Transportation, up to the amounts needed to offset
628the funding requirements of this section.
629     (b)  For seaport intermodal access projects as described in
630s. 341.053(5) that are identified in the 5-year Florida Seaport
631Mission Plan as provided in s. 311.09(3). Funding for such
632projects shall be on a matching basis as mutually determined by
633the Florida Seaport Transportation and Economic Development
634Council and the Department of Transportation, provided a minimum
635of 25 percent of total project funds shall come from any port
636funds, local funds, private funds, or specifically earmarked
637federal funds.
638     (c)  On a 50-50 matching basis for projects as described in
639s. 311.07(3)(b).
640     (d)  For seaport intermodal access projects that involve
641the dredging or deepening of channels, turning basins, or
642harbors; or the rehabilitation of wharves, docks, or similar
643structures. Funding for such projects shall require a 25 percent
644match of the funds received pursuant to this subsection.
645Matching funds shall come from any port funds, federal funds,
646local funds, or private funds.
647
648Such revenues may be assigned, pledged, or set aside as a trust
649for the payment of principal or interest on bonds, tax
650anticipation certificates, or any other form of indebtedness
651issued by an individual port or appropriate local government
652having jurisdiction thereof, or collectively by interlocal
653agreement among any of the ports, or used to purchase credit
654support to permit such borrowings. However, such debt shall not
655constitute a general obligation of the state. This state does
656hereby covenant with holders of such revenue bonds or other
657instruments of indebtedness issued hereunder that it will not
658repeal or impair or amend this subsection in any manner which
659will materially and adversely affect the rights of holders so
660long as bonds authorized by this subsection are outstanding. Any
661revenues that are not pledged to the repayment of bonds as
662authorized by this section may be utilized for purposes
663authorized under the Florida Seaport Transportation and Economic
664Development Program. This revenue source is in addition to any
665amounts provided for and appropriated in accordance with s.
666311.07 and subsection (3). The Department of Transportation
667Florida Seaport Transportation and Economic Development Council
668shall approve distribution of funds to ports for projects that
669have been approved pursuant to s. 311.09(5)-(9), or for seaport
670intermodal access projects identified in the 5-year Florida
671Seaport Mission Plan as provided in s. 311.09(3) and mutually
672agreed upon by the FSTED Council and the Department of
673Transportation. All contracts for actual construction of
674projects authorized by this subsection must include a provision
675encouraging employment of participants in the welfare transition
676program. The goal for employment of participants in the welfare
677transition program is 25 percent of all new employees employed
678specifically for the project, unless the Department of
679Transportation and the Florida Seaport Transportation and
680Economic Development Council demonstrate that such a requirement
681would severely hamper the successful completion of the project.
682In such an instance, Workforce Florida, Inc., shall establish an
683appropriate percentage of employees that must be participants in
684the welfare transition program. The council and the Department
685of Transportation are authorized to perform such acts as are
686required to facilitate and implement the provisions of this
687subsection. To better enable the ports to cooperate to their
688mutual advantage, the governing body of each port may exercise
689powers provided to municipalities or counties in s. 163.01(7)(d)
690subject to the provisions of chapter 311 and special acts, if
691any, pertaining to a port. The use of funds provided pursuant to
692this subsection is limited to eligible projects listed in this
693subsection. The provisions of s. 311.07(4) do not apply to any
694funds received pursuant to this subsection. The revenues
695available under this subsection shall not be pledged to the
696payment of any bonds other than the Florida Ports Financing
697Commission Series 1996 and Series 1999 Bonds currently
698outstanding; provided, however, such revenues may be pledged to
699secure payment of refunding bonds to refinance the Florida Ports
700Financing Commission Series 1996 and Series 1999 Bonds. No
701refunding bonds secured by revenues available under this
702subsection may be issued with a final maturity later than the
703final maturity of the Florida Ports Financing Commission Series
7041996 and Series 1999 Bonds or which provide for higher debt
705service in any year than is currently payable on such bonds. Any
706revenue bonds or other indebtedness issued after July 1, 2000,
707other than refunding bonds shall be issued by the Division of
708Bond Finance at the request of the Department of Transportation
709pursuant to the State Bond Act.
710     (6)(5)(a)  Except as provided in paragraph (c), the
711remainder of such revenues must be deposited in the State
712Transportation Trust Fund.
713     (b)  The Chief Financial Officer each month shall deposit
714in the State Transportation Trust Fund an amount, drawn from
715other funds in the State Treasury which are not immediately
716needed or are otherwise in excess of the amount necessary to
717meet the requirements of the State Treasury, which when added to
718such remaining revenues each month will equal one-twelfth of the
719amount of the anticipated annual revenues to be deposited in the
720State Transportation Trust Fund under paragraph (a) as
721determined by the Chief Financial Officer after consultation
722with the Revenue Estimating Conference held pursuant to s.
723216.136(3). The transfers required hereunder may be suspended by
724action of the Legislative Budget Commission in the event of a
725significant shortfall of state revenues.
726     (c)  In any month in which the remaining revenues derived
727from the registration of motor vehicles exceed one-twelfth of
728those anticipated annual remaining revenues as determined by the
729Chief Financial Officer after consultation with the Revenue
730Estimating Conference, the excess shall be credited to those
731state funds in the State Treasury from which the amount was
732originally drawn, up to the amount which was deposited in the
733State Transportation Trust Fund under paragraph (b). A final
734adjustment must be made in the last months of a fiscal year so
735that the total revenue deposited in the State Transportation
736Trust Fund each year equals the amount derived from the
737registration of motor vehicles, less the amount distributed
738under subsection (1). For the purposes of this paragraph and
739paragraph (b), the term "remaining revenues" means all revenues
740deposited into the State Transportation Trust Fund under
741paragraph (a) and subsections (1), (2), and (3). In order that
742interest earnings continue to accrue to the General Revenue
743Fund, the Department of Transportation may not invest an amount
744equal to the cumulative amount of funds deposited in the State
745Transportation Trust Fund under paragraph (b) less funds
746credited under this paragraph as computed on a monthly basis.
747The amounts to be credited under this and the preceding
748paragraph must be calculated and certified to the Chief
749Financial Officer by the Executive Office of the Governor.
750     Section 15.  Subsection (1) of section 320.203, Florida
751Statutes, is amended to read:
752     320.203  Disposition of biennial license tax moneys.--
753     (1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
754(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
755and pursuant to s. 216.351, after the provisions of s.
756320.20(1), (2), (3), and (4), and (5) are fulfilled, an amount
757equal to 50 percent of revenues collected from the biennial
758registrations created in s. 320.07 shall be retained in the
759Motor Vehicle License Clearing Trust Fund, authorized in s.
760215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
761fiscal year, an amount equal to 50 percent of revenues collected
762from the biennial registrations created in s. 320.07 shall be
763distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
764(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
765320.20(1), (2), (3), and (4), and (5).
766     Section 16.  Section 320.95, Florida Statutes, is amended
767to read:
768     320.95  Transactions by electronic or telephonic means.--
769     (1)  The department is authorized to accept any application
770provided for under this chapter by electronic or telephonic
771means.
772     (2)  The department may collect and use e-mail addresses of
773motor vehicle owners and registrants as a notification method in
774lieu of the United States Postal Service.
775     Section 17.  Subsection (1) of section 322.025, Florida
776Statutes, is amended to read:
777     322.025  Driver improvement.--
778     (1)  The department may implement programs to improve the
779driving ability of the drivers of this state. Such programs may
780include, but shall not be limited to, safety awareness
781campaigns, driver training, and licensing improvement.
782Motorcycle driver improvement programs implemented pursuant to
783this section or s. 322.0255 may shall be funded by the
784motorcycle safety education fee collected pursuant to s.
785320.08(1)(c), which shall be deposited in the Highway Safety
786Operating Trust Fund of the department and appropriated for that
787purpose.
788     Section 18.  Subsections (5), (6), (7), and (8) of section
789322.0255, Florida Statutes, are amended to read:
790     322.0255  Florida Motorcycle Safety Education Program.--
791     (5)  The department shall, subject to the availability of
792funds, reimburse each organization that provides an approved
793motorcycle safety education course for each student who begins
794the on-cycle portion of the course. This shall include any
795student not required to attend a motorcycle safety education
796course prior to licensure as required in s. 322.12. The amount
797to be reimbursed per student to each course provider shall be
798determined by the department. In order to facilitate such
799determination, each course provider shall be required to submit
800proof satisfactory to the department of the expected cost per
801student to be incurred by such course provider. In no event
802shall the amount to be reimbursed per student to any course
803provider exceed the expected cost per student. In addition to
804the amount of any reimbursement, each course provider that
805conducts such a course may charge each student a tuition fee
806sufficient to defray the cost of conducting the course. The
807department shall fund the payments required under this
808subsection from the motorcycle safety education fee, as provided
809in ss. 320.08 and 322.025.
810     (5)(6)  Each organization that provides an approved
811motorcycle safety course may charge a registration fee, not to
812exceed $20 per student. This fee must be refunded if the student
813completes the course. However, any student who registers for,
814and does not complete, the course must forfeit his or her
815registration fee. Forfeited fees may be retained by the
816organization that conducts the course.
817     (6)(7)  The department may adopt rules to implement this
818section.
819     (7)(8)  On and after January 1, 1989, every first-time
820applicant for licensure to operate a motorcycle who is under 21
821years of age shall be required to complete a motorcycle
822education course as established pursuant to this section. Proof
823of completion of such education course shall be presented to the
824driver license examining office prior to such licensure to
825operate a motorcycle.
826     Section 19.  Subsection (2) of section 322.17, Florida
827Statutes, is amended to read:
828     322.17  Duplicate and replacement certificates.--
829     (2)  Upon the surrender of the original license and the
830payment of a $10 replacement fee, the department shall issue a
831replacement license to make a change in name, address, or
832restrictions. Upon written request by the licensee and
833notification of a change in address, and the payment of a $10
834fee to be collected by the department and immediately deposited
835into the General Revenue Fund, the department shall issue an
836address sticker which shall be affixed to the back of the
837license by the licensee. Nine dollars of the fee levied in this
838subsection shall go to the Highway Safety Operating Trust Fund
839of the department.
840     Section 20.  Section 322.181, Florida Statutes, is
841repealed.
842     Section 21.  Subsection (8) of section 322.21, Florida
843Statutes, is amended to read:
844     322.21  License fees; procedure for handling and collecting
845fees; distribution of funds to the Florida Highway Patrol.--
846     (8)  Any person who applies for reinstatement following the
847suspension or revocation of the person's driver's license shall
848pay a service fee of $45 $35 following a suspension, and $75 $60
849following a revocation, which is in addition to the fee for a
850license. Any person who applies for reinstatement of a
851commercial driver's license following the disqualification of
852the person's privilege to operate a commercial motor vehicle
853shall pay a service fee of $75 $60, which is in addition to the
854fee for a license. The department shall collect all of these
855fees at the time of reinstatement. The department shall issue
856proper receipts for such fees and shall promptly transmit all
857funds received by it as follows:
858     (a)  Of the $45 $35 fee received from a licensee for
859reinstatement following a suspension, the department shall
860deposit $15 in the General Revenue Fund, and $20 in the Highway
861Safety Operating Trust Fund, and $10 in the Department of
862Highway Safety and Motor Vehicles Law Enforcement Trust Fund.
863     (b)  Of the $75 $60 fee received from a licensee for
864reinstatement following a revocation or disqualification, the
865department shall deposit $35 in the General Revenue Fund, and
866$25 in the Highway Safety Operating Trust Fund, and $15 in the
867Department of Highway Safety and Motor Vehicles Law Enforcement
868Trust Fund.
869     (c)  The driver's license reinstatement fee that is
870deposited into the Department of Highway Safety and Motor
871Vehicles Law Enforcement Trust Fund shall be used to recruit and
872retain officers of the Florida Highway Patrol, which includes
873all career service levels of rank.
874
875If the revocation or suspension of the driver's license was for
876a violation of s. 316.193, or for refusal to submit to a lawful
877breath, blood, or urine test, an additional fee of $130 $115
878must be charged. However, only one $130 $115 fee may be
879collected from one person convicted of violations arising out of
880the same incident. The department shall collect the $130 $115
881fee and deposit $115 of the fee into the Highway Safety
882Operating Trust Fund and $15 of the fee into the Department of
883Highway Safety and Motor Vehicles Law Enforcement Trust Fund at
884the time of reinstatement of the person's driver's license, but
885the fee may not be collected if the suspension or revocation is
886overturned. If the revocation or suspension of the driver's
887license was for a conviction for a violation of s. 817.234(8) or
888(9) or s. 817.505, an additional fee of $180 is imposed for each
889offense. The department shall collect and deposit the additional
890fee into the Highway Safety Operating Trust Fund at the time of
891reinstatement of the person's driver's license.
892     Section 22.  Subsection (2) of section 322.29, Florida
893Statutes, is amended to read:
894     322.29  Surrender and return of license.--
895     (2)  The provisions of subsection (1) to the contrary
896notwithstanding, no examination is required for the return of a
897license suspended under s. 318.15 or s. 322.245 unless an
898examination is otherwise required by this chapter. Every person
899applying for the return of a license suspended under s. 318.15
900or s. 322.245 shall present to the department certification from
901the court that he or she has complied with all obligations and
902penalties imposed on him or her pursuant to s. 318.15 or, in the
903case of a suspension pursuant to s. 322.245, that he or she has
904complied with all directives of the court and the requirements
905of s. 322.245 and shall pay to the department a nonrefundable
906service fee of $60 $47.50, of which $37.50 shall be deposited
907into the General Revenue Fund, and $10 shall be deposited into
908the Highway Safety Operating Trust Fund, and $12.50 shall be
909deposited into the Department of Highway Safety and Motor
910Vehicles Law Enforcement Trust Fund. If reinstated by the clerk
911of the court or tax collector, $37.50 shall be retained, and $10
912shall be remitted to the Department of Revenue for deposit into
913the Highway Safety Operating Trust Fund, and $12.50 shall be
914remitted to the Department of Revenue for deposit into the
915Department of Highway Safety and Motor Vehicles Law Enforcement
916Trust Fund. However, the service fee is not required if the
917person is required to pay a $45 $35 fee or a $75 $60 fee under
918the provisions of s. 322.21.
919     Section 23.  Section 324.071, Florida Statutes, is amended
920to read:
921     324.071  Reinstatement; renewal of license; reinstatement
922fee.--Any operator or owner whose license or registration has
923been suspended pursuant to s. 324.051(2), s. 324.072, s.
924324.081, or s. 324.121 may effect its reinstatement upon
925compliance with the provisions of s. 324.051(2)(a)3. or 4., or
926s. 324.081(2) and (3), as the case may be, and with one of the
927provisions of s. 324.031 and upon payment to the department of a
928nonrefundable reinstatement fee of $15. Only one such fee shall
929be paid by any one person irrespective of the number of licenses
930and registrations to be then reinstated or issued to such
931person. The department shall collect and immediately transmit
932all fees received by it under this section to be deposited in
933the General Revenue Fund of the state All such fees shall be
934deposited to a department trust fund. When the reinstatement of
935any license or registration is effected by compliance with s.
936324.051(2)(a)3. or 4., the department shall not renew the
937license or registration within a period of 3 years from such
938reinstatement, nor shall any other license or registration be
939issued in the name of such person, unless the operator is
940continuing to comply with one of the provisions of s. 324.031.
941     Section 24.  Section 328.30, Florida Statutes, is amended
942to read:
943     328.30  Transactions by electronic or telephonic means.--
944     (1)  The department is authorized to accept any application
945provided for under this chapter by electronic or telephonic
946means.
947     (2)  The department may issue an electronic certificate of
948title in lieu of printing a paper title.
949     (3)  The department may collect and use e-mail addresses of
950vessel owners and registrants as a notification method in lieu
951of the United States Postal Service.
952     Section 25.  Section 328.80, Florida Statutes, is amended
953to read:
954     328.80  Transactions by electronic or telephonic means.--
955     (1)  The department commission is authorized to accept any
956application provided for under this chapter by electronic or
957telephonic means.
958     (2)  The department may collect and use e-mail addresses of
959vessel owners and registrants as a notification method in lieu
960of the United States Postal Service.
961     Section 26.  Subsections (26) through (33) of section
962344.044 are amended to read:
963     334.044  Department; powers and duties.--The department
964shall have the following general powers and duties:
965     (26)  To provide for the conservation of natural roadside
966growth and scenery and for the implementation and maintenance of
967roadside beautification programs, and no less than 1.5 percent
968of the amount contracted for construction projects shall be
969allocated by the department to beautification programs. Except
970where prohibited by federal law or federal regulation and to the
971extent practical, a minimum of 50 percent of these funds shall
972be used to purchase large plant materials with the remaining
973funds for other plant materials. All such plant materials shall
974be purchased from Florida-based nurseryman stock on a uniform
975competitive bid basis. The department will develop grades and
976standards for landscaping materials purchased through this
977process. To accomplish these activities, the department may
978contract with nonprofit organizations having the primary purpose
979of developing youth employment opportunities.
980     (26)(27)  To conduct studies and provide coordination to
981assess the needs associated with landside ingress and egress to
982port facilities, and to coordinate with local governmental
983entities to ensure that port facility access routes are properly
984integrated with other transportation facilities.
985     (27)(28)  To require persons to affirm the truth of
986statements made in any application for a license, permit, or
987certification issued by the department or in any contract
988documents submitted to the department.
989     (28)(29)  To advance funds for projects in the department's
990adopted work program to governmental entities prior to
991commencement of the project or project phase when the advance
992has been authorized by the department's comptroller and is made
993pursuant to a written agreement between the department and a
994governmental entity.
995     (29)(30)  To take any other action necessary to carry out
996the powers and duties expressly granted in this code.
997     (30)(31)  To provide oversight of traveler information
998systems that may include the provision of interactive voice
999response telephone systems accessible via the 511 number as
1000assigned by the Federal Communications Commission for traveler
1001information services. The department shall ensure that uniform
1002standards and criteria for the collection and dissemination of
1003traveler information are applied using interactive voice
1004response systems.
1005     (31)(32)  In order to fulfill the department's mission to
1006provide a safe and efficient transportation system, the
1007department's Office of Motor Carrier Compliance may employ sworn
1008law enforcement officers, certified in accordance with chapter
1009943, to enforce the traffic and criminal laws of this state.
1010Such officers shall have full law enforcement powers granted to
1011other peace officers of this state, including making arrests,
1012carrying firearms, serving court process, and seizing vehicles
1013defined as contraband under s. 319.33, illegal drugs, stolen
1014property, and the proceeds of illegal activities. Officers
1015appointed under this section have the primary responsibility for
1016enforcing laws relating to size and weight of commercial motor
1017vehicles; safety, traffic, tax, and registration of commercial
1018motor vehicles; interdiction of vehicles defined as contraband
1019under s. 319.33, illegal drugs, and stolen property; and
1020violations that threaten the overall security and safety of
1021Florida's transportation infrastructure and the motoring public.
1022The office is also authorized to appoint part-time or auxiliary
1023law enforcement officers pursuant to chapter 943 and to provide
1024compensation in accordance with law.
1025     (32)(33)  To enter into agreement with Space Florida to
1026coordinate and cooperate in the development of spaceport
1027infrastructure and related transportation facilities contained
1028in the Strategic Intermodal System Plan and, where appropriate,
1029encourage the cooperation and integration of airports and
1030spaceports in order to meet transportation-related needs.
1031     Section 27.  Paragraph (a) of subsection (4) of section
1032339.135, Florida Statutes, is amended to read:
1033     339.135  Work program; legislative budget request;
1034definitions; preparation, adoption, execution, and amendment.--
1035     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1036     (a)1.  To assure that no district or county is penalized
1037for local efforts to improve the State Highway System, the
1038department shall, for the purpose of developing a tentative work
1039program, allocate funds for new construction to the districts,
1040except for the turnpike enterprise, based on equal parts of
1041population and motor fuel tax collections. Funds for
1042resurfacing, bridge repair and rehabilitation, bridge fender
1043system construction or repair, public transit projects except
1044public transit block grants as provided in s. 341.052, and other
1045programs with quantitative needs assessments shall be allocated
1046based on the results of these assessments. The department may
1047not transfer any funds allocated to a district under this
1048paragraph to any other district except as provided in subsection
1049(7). Funds for public transit block grants shall be allocated to
1050the districts pursuant to s. 341.052. Funds for the intercity
1051bus program provided for under s. 5311(f) of the federal
1052nonurbanized area formula program shall be administered and
1053allocated directly to eligible bus carriers as defined in s.
1054341.031(12) at the state level rather than the district. In
1055order to provide state funding to support the intercity bus
1056program provided for under provisions of the federal 5311(f)
1057program, the department shall allocate an amount equal to the
1058federal share of the 5311(f) program from amounts calculated
1059pursuant to s. 206.46(3).
1060     2.  Notwithstanding the provisions of subparagraph 1., the
1061department shall allocate at least 50 percent of any new
1062discretionary highway capacity funds to the Florida Strategic
1063Intermodal System created pursuant to s. 339.61. Any remaining
1064new discretionary highway capacity funds shall be allocated to
1065the districts for new construction as provided in subparagraph
10661. For the purposes of this subparagraph, the term "new
1067discretionary highway capacity funds" means any funds available
1068to the department above the prior year funding level for
1069capacity improvements, which the department has the discretion
1070to allocate to highway projects.
1071     3.  Notwithstanding subparagraph 1., s. 206.46(3), and s.
1072206.608, in fiscal years 2008-2009 through 2009-2010, the
1073Department of Transportation shall ensure, to the maximum extent
1074practicable, that projects that have been advertised for
1075contract lettings for the fiscal year beginning July 1, 2008,
1076are not impacted by the reinstatement of the service charge
1077provided in s. 215.20(1) and (3), which is deducted from the
1078proceeds of the taxes distributed under ss. 206.606(1), 207.026,
1079212.0501(6), 319.32(5), 206.608, and 320.072(4).
1080     4.  Notwithstanding subparagraph 1., s. 206.46(3), and s.
1081206.608, in fiscal years 2008-2009 through 2012-2013, the
1082department shall reduce work program levels to balance the
1083finance plan to the revised funding levels resulting from the
1084reinstatement of the service charge provided in s. 215.20(1) and
1085(3), which is deducted from the proceeds of the taxes
1086distributed under ss. 206.606(1), 207.026, 212.0501(6),
1087319.32(5), 206.608, and 320.072(4).
1088     5.  Prior to any project or phase thereof being deferred,
1089such reductions shall be made to financial projects not
1090programmed for contract letting as identified with a work
1091program contract class code 8 and the box code RV. These
1092reductions shall not negatively impact safety, preservation,
1093maintenance, or project contingency levels as of July 1, 2008.
1094     Section 28.  Subsection (1) of section 403.890, Florida
1095Statutes, as amended by section 2 of chapter 2007-335, Laws of
1096Florida, is amended to read:
1097     403.890  Water Protection and Sustainability Program;
1098intent; goals; purposes.--
1099     (1)  Effective July 1, 2006, revenues transferred from the
1100Department of Revenue pursuant to s. 201.15(1)(d)4.2. shall be
1101deposited into the Water Protection and Sustainability Program
1102Trust Fund in the Department of Environmental Protection. These
1103revenues and any other additional revenues deposited into or
1104appropriated to the Water Protection and Sustainability Program
1105Trust Fund shall be distributed by the Department of
1106Environmental Protection in the following manner:
1107     (a)  Sixty percent to the Department of Environmental
1108Protection for the implementation of an alternative water supply
1109program as provided in s. 373.1961.
1110     (b)  Twenty percent for the implementation of best
1111management practices and capital project expenditures necessary
1112for the implementation of the goals of the total maximum daily
1113load program established in s. 403.067. Of these funds, 85
1114percent shall be transferred to the credit of the Department of
1115Environmental Protection Water Quality Assurance Trust Fund to
1116address water quality impacts associated with nonagricultural
1117nonpoint sources. Fifteen percent of these funds shall be
1118transferred to the Department of Agriculture and Consumer
1119Services General Inspection Trust Fund to address water quality
1120impacts associated with agricultural nonpoint sources. These
1121funds shall be used for research, development, demonstration,
1122and implementation of the total maximum daily load program under
1123s. 403.067, suitable best management practices or other measures
1124used to achieve water quality standards in surface waters and
1125water segments identified pursuant to s. 303(d) of the Clean
1126Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
1127Implementation of best management practices and other measures
1128may include cost-share grants, technical assistance,
1129implementation tracking, and conservation leases or other
1130agreements for water quality improvement. The Department of
1131Environmental Protection and the Department of Agriculture and
1132Consumer Services may adopt rules governing the distribution of
1133funds for implementation of capital projects, best management
1134practices, and other measures. These funds shall not be used to
1135abrogate the financial responsibility of those point and
1136nonpoint sources that have contributed to the degradation of
1137water or land areas. Increased priority shall be given by the
1138department and the water management district governing boards to
1139those projects that have secured a cost-sharing agreement
1140allocating responsibility for the cleanup of point and nonpoint
1141sources.
1142     (c)  Ten percent shall be disbursed for the purposes of
1143funding projects pursuant to ss. 373.451-373.459 or surface
1144water restoration activities in water-management-district-
1145designated priority water bodies. The Secretary of Environmental
1146Protection shall ensure that each water management district
1147receives the following percentage of funds annually:
1148     1.  Thirty-five percent to the South Florida Water
1149Management District;
1150     2.  Twenty-five percent to the Southwest Florida Water
1151Management District;
1152     3.  Twenty-five percent to the St. Johns River Water
1153Management District;
1154     4.  Seven and one-half percent to the Suwannee River Water
1155Management District; and
1156     5.  Seven and one-half percent to the Northwest Florida
1157Water Management District.
1158     (d)  Ten percent to the Department of Environmental
1159Protection for the Disadvantaged Small Community Wastewater
1160Grant Program as provided in s. 403.1838.
1161     Section 29.  Subsection (1) of section 403.891, Florida
1162Statutes, is amended to read:
1163     403.891  Water Protection and Sustainability Program Trust
1164Fund of the Department of Environmental Protection.--
1165     (1)  The Water Protection and Sustainability Program Trust
1166Fund is created within the Department of Environmental
1167Protection. The purpose of the trust fund is to receive funds
1168pursuant to s. 201.15(1)(d)4.2., funds from other sources
1169provided for in law and the General Appropriations Act, and
1170funds received by the department in order to implement the
1171provisions of the Water Sustainability and Protection Program
1172created in s. 403.890.
1173     Section 30.  Subsection (19) of section 501.976, Florida
1174Statutes, is amended to read:
1175     501.976  Actionable, unfair, or deceptive acts or
1176practices.--It is an unfair or deceptive act or practice,
1177actionable under the Florida Deceptive and Unfair Trade
1178Practices Act, for a dealer to:
1179     (19)  Fail to disclose damage to a new motor vehicle, as
1180defined in s. 319.001(9)(8), of which the dealer had actual
1181knowledge, if the dealer's actual cost of repairs exceeds the
1182threshold amount, excluding replacement items.
1183
1184In any civil litigation resulting from a violation of this
1185section, when evaluating the reasonableness of an award of
1186attorney's fees to a private person, the trial court shall
1187consider the amount of actual damages in relation to the time
1188spent.
1189     Section 31.  Section 1013.63, Florida Statutes, is amended
1190to read:
1191     1013.63  University Concurrency Trust Fund.--
1192     (1)  The University Concurrency Trust Fund is created
1193within the Department of Education.
1194     (2)  The trust fund may be funded each fiscal year as
1195provided in the General Appropriations Act. Notwithstanding any
1196other provision of law, the general revenue service charge
1197deducted pursuant to s. 215.20 on revenues raised by any local
1198option motor fuel tax levied pursuant to s. 336.025(1)(b), as
1199created by chapter 93-206, Laws of Florida, shall be deposited
1200in the University Concurrency Trust Fund, which is administered
1201by the State Board of Education. Moneys in such trust fund shall
1202be for the purpose of funding university offsite improvements
1203required to meet concurrency standards adopted under part II of
1204chapter 163. In addition, in any year in which campus master
1205plans are updated pursuant to s. 1013.30, but no more frequently
1206than once every 5 years, up to 25 percent of the balance in the
1207trust fund for that year may be used to defray the costs
1208incurred in updating those campus master plans.
1209     (3)(a)  The trust fund is exempt from the service charges
1210imposed by s. 215.20.
1211     (b)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
1212any balance in the trust fund at the end of the fiscal year
1213shall remain in the trust fund and shall be available for
1214carrying out the purposes of the trust fund.
1215     Section 32.  The Office of Motor Carrier Compliance of the
1216Department of Transportation is hereby transferred by a type two
1217transfer, as defined in s. 20.06(2), Florida Statutes, to the
1218Division of the Florida Highway Patrol of the Department of
1219Highway Safety and Motor Vehicles, except for revenues in the
1220amount of $28,033,537, which shall remain in the State
1221Transportation Trust Fund.
1222     Section 33.  The Division of Statutory Revision of the
1223Office of Legislative Services is requested to prepare a
1224reviser's bill to conform the Florida Statutes to the
1225organizational changes made by this act.
1226     Section 34.  This act shall take effect July 1, 2008.


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