Amendment
Bill No. CS/CS/SB 682

Amendment No. 162105

CHAMBER ACTION
Senate		House
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1	Representative Cannon offered the following:
2
3	Amendment (with title amendment)
4	Remove line 26 and insert:
5	Section 2.  Paragraph (h) of subsection (2) of section
6	20.23, Florida Statutes, is amended to read:
7	20.23  Department of Transportation.--There is created a
8	Department of Transportation which shall be a decentralized
9	agency.
10	(2)
11	(h)  The commission shall appoint an executive director and
12	assistant executive director, who shall serve under the
13	direction, supervision, and control of the commission. The
14	executive director, with the consent of the commission, shall
15	employ such staff as are necessary to perform adequately the
16	functions of the commission, within budgetary limitations. All
17	employees of the commission are exempt from part II of chapter
18	110 and shall serve at the pleasure of the commission. The
19	salary and benefits of the executive director shall be set in
20	accordance with the Senior Management Service. The salaries and
21	benefits of all other employees of the commission shall be set
22	in accordance with the Selected Exempt Service; provided,
23	however, that the commission has shall have complete authority
24	for fixing the salary of the executive director and assistant
25	executive director.
26	Section 3.  Subsection (5) of section 125.42, Florida
27	Statutes, is amended to read:
28	125.42  Water, sewage, gas, power, telephone, other
29	utility, and television lines along county roads and highways.--
30	(5)  In the event of widening, repair, or reconstruction of
31	any such road, the licensee shall move or remove such water,
32	sewage, gas, power, telephone, and other utility lines and
33	television lines at no cost to the county except as provided in
34	s. 337.403(1)(e).
35	Section 4.  Paragraphs (a), (h), and (j) of subsection (6)
36	of section 163.3177, Florida Statutes, are amended to read:
37	163.3177  Required and optional elements of comprehensive
38	plan; studies and surveys.--
39	(6)  In addition to the requirements of subsections (1)-(5)
40	and (12), the comprehensive plan shall include the following
41	elements:
42	(a)  A future land use plan element designating proposed
43	future general distribution, location, and extent of the uses of
44	land for residential uses, commercial uses, industry,
45	agriculture, recreation, conservation, education, public
46	buildings and grounds, other public facilities, and other
47	categories of the public and private uses of land. Counties are
48	encouraged to designate rural land stewardship areas, pursuant
49	to the provisions of paragraph (11)(d), as overlays on the
50	future land use map. Each future land use category must be
51	defined in terms of uses included, and must include standards to
52	be followed in the control and distribution of population
53	densities and building and structure intensities. The proposed
54	distribution, location, and extent of the various categories of
55	land use shall be shown on a land use map or map series which
56	shall be supplemented by goals, policies, and measurable
57	objectives. The future land use plan shall be based upon
58	surveys, studies, and data regarding the area, including the
59	amount of land required to accommodate anticipated growth; the
60	projected population of the area; the character of undeveloped
61	land; the availability of water supplies, public facilities, and
62	services; the need for redevelopment, including the renewal of
63	blighted areas and the elimination of nonconforming uses which
64	are inconsistent with the character of the community; the
65	compatibility of uses on lands adjacent to or closely proximate
66	to military installations; lands adjacent to an airport as
67	defined in s. 330.35 and consistent with provisions in s.
68	333.02; and, in rural communities, the need for job creation,
69	capital investment, and economic development that will
70	strengthen and diversify the community's economy. The future
71	land use plan may designate areas for future planned development
72	use involving combinations of types of uses for which special
73	regulations may be necessary to ensure development in accord
74	with the principles and standards of the comprehensive plan and
75	this act. The future land use plan element shall include
76	criteria to be used to achieve the compatibility of adjacent or
77	closely proximate lands with military installations; lands
78	adjacent to an airport as defined in s. 330.35 and consistent
79	with provisions in s. 333.02. In addition, for rural
80	communities, the amount of land designated for future planned
81	industrial use shall be based upon surveys and studies that
82	reflect the need for job creation, capital investment, and the
83	necessity to strengthen and diversify the local economies, and
84	shall not be limited solely by the projected population of the
85	rural community. The future land use plan of a county may also
86	designate areas for possible future municipal incorporation. The
87	land use maps or map series shall generally identify and depict
88	historic district boundaries and shall designate historically
89	significant properties meriting protection. For coastal
90	counties, the future land use element must include, without
91	limitation, regulatory incentives and criteria that encourage
92	the preservation of recreational and commercial working
93	waterfronts as defined in s. 342.07. The future land use element
94	must clearly identify the land use categories in which public
95	schools are an allowable use. When delineating the land use
96	categories in which public schools are an allowable use, a local
97	government shall include in the categories sufficient land
98	proximate to residential development to meet the projected needs
99	for schools in coordination with public school boards and may
100	establish differing criteria for schools of different type or
101	size. Each local government shall include lands contiguous to
102	existing school sites, to the maximum extent possible, within
103	the land use categories in which public schools are an allowable
104	use. The failure by a local government to comply with these
105	school siting requirements will result in the prohibition of the
106	local government's ability to amend the local comprehensive
107	plan, except for plan amendments described in s. 163.3187(1)(b),
108	until the school siting requirements are met. Amendments
109	proposed by a local government for purposes of identifying the
110	land use categories in which public schools are an allowable use
111	are exempt from the limitation on the frequency of plan
112	amendments contained in s. 163.3187. The future land use element
113	shall include criteria that encourage the location of schools
114	proximate to urban residential areas to the extent possible and
115	shall require that the local government seek to collocate public
116	facilities, such as parks, libraries, and community centers,
117	with schools to the extent possible and to encourage the use of
118	elementary schools as focal points for neighborhoods. For
119	schools serving predominantly rural counties, defined as a
120	county with a population of 100,000 or fewer, an agricultural
121	land use category shall be eligible for the location of public
122	school facilities if the local comprehensive plan contains
123	school siting criteria and the location is consistent with such
124	criteria. Local governments required to update or amend their
125	comprehensive plan to include criteria and address compatibility
126	of lands adjacent to an airport as defined in s. 330.35 and
127	consistent with provisions in s. 333.02 adjacent or closely
128	proximate lands with existing military installations in their
129	future land use plan element shall transmit the update or
130	amendment to the state land planning agency department by June
131	30, 2011 2006.
132	(h)1.  An intergovernmental coordination element showing
133	relationships and stating principles and guidelines to be used
134	in the accomplishment of coordination of the adopted
135	comprehensive plan with the plans of school boards, regional
136	water supply authorities, and other units of local government
137	providing services but not having regulatory authority over the
138	use of land, with the comprehensive plans of adjacent
139	municipalities, the county, adjacent counties, or the region,
140	with the state comprehensive plan and with the applicable
141	regional water supply plan approved pursuant to s. 373.0361, as
142	the case may require and as such adopted plans or plans in
143	preparation may exist. This element of the local comprehensive
144	plan shall demonstrate consideration of the particular effects
145	of the local plan, when adopted, upon the development of
146	adjacent municipalities, the county, adjacent counties, or the
147	region, or upon the state comprehensive plan, as the case may
148	require.
149	a.  The intergovernmental coordination element shall
150	provide for procedures to identify and implement joint planning
151	areas, especially for the purpose of annexation, municipal
152	incorporation, and joint infrastructure service areas.
153	b.  The intergovernmental coordination element shall
154	provide for recognition of campus master plans prepared pursuant
155	to s. 1013.30, and airport master plans pursuant to paragraph
156	(k).
157	c.  The intergovernmental coordination element may provide
158	for a voluntary dispute resolution process as established
159	pursuant to s. 186.509 for bringing to closure in a timely
160	manner intergovernmental disputes. A local government may
161	develop and use an alternative local dispute resolution process
162	for this purpose.
163	d.  The intergovernmental coordination element shall
164	provide for interlocal agreements, as established pursuant to s.
165	333.03(1)(b).
166	2.  The intergovernmental coordination element shall
167	further state principles and guidelines to be used in the
168	accomplishment of coordination of the adopted comprehensive plan
169	with the plans of school boards and other units of local
170	government providing facilities and services but not having
171	regulatory authority over the use of land. In addition, the
172	intergovernmental coordination element shall describe joint
173	processes for collaborative planning and decisionmaking on
174	population projections and public school siting, the location
175	and extension of public facilities subject to concurrency, and
176	siting facilities with countywide significance, including
177	locally unwanted land uses whose nature and identity are
178	established in an agreement. Within 1 year of adopting their
179	intergovernmental coordination elements, each county, all the
180	municipalities within that county, the district school board,
181	and any unit of local government service providers in that
182	county shall establish by interlocal or other formal agreement
183	executed by all affected entities, the joint processes described
184	in this subparagraph consistent with their adopted
185	intergovernmental coordination elements.
186	3.  To foster coordination between special districts and
187	local general-purpose governments as local general-purpose
188	governments implement local comprehensive plans, each
189	independent special district must submit a public facilities
190	report to the appropriate local government as required by s.
191	189.415.
192	4.a.  Local governments must execute an interlocal
193	agreement with the district school board, the county, and
194	nonexempt municipalities pursuant to s. 163.31777. The local
195	government shall amend the intergovernmental coordination
196	element to provide that coordination between the local
197	government and school board is pursuant to the agreement and
198	shall state the obligations of the local government under the
199	agreement.
200	b.  Plan amendments that comply with this subparagraph are
201	exempt from the provisions of s. 163.3187(1).
202	5.  The state land planning agency shall establish a
203	schedule for phased completion and transmittal of plan
204	amendments to implement subparagraphs 1., 2., and 3. from all
205	jurisdictions so as to accomplish their adoption by December 31,
206	1999. A local government may complete and transmit its plan
207	amendments to carry out these provisions prior to the scheduled
208	date established by the state land planning agency. The plan
209	amendments are exempt from the provisions of s. 163.3187(1).
210	6.  By January 1, 2004, any county having a population
211	greater than 100,000, and the municipalities and special
212	districts within that county, shall submit a report to the
213	Department of Community Affairs which:
214	a.  Identifies all existing or proposed interlocal service
215	delivery agreements regarding the following: education; sanitary
216	sewer; public safety; solid waste; drainage; potable water;
217	parks and recreation; and transportation facilities.
218	b.  Identifies any deficits or duplication in the provision
219	of services within its jurisdiction, whether capital or
220	operational. Upon request, the Department of Community Affairs
221	shall provide technical assistance to the local governments in
222	identifying deficits or duplication.
223	7.  Within 6 months after submission of the report, the
224	Department of Community Affairs shall, through the appropriate
225	regional planning council, coordinate a meeting of all local
226	governments within the regional planning area to discuss the
227	reports and potential strategies to remedy any identified
228	deficiencies or duplications.
229	8.  Each local government shall update its
230	intergovernmental coordination element based upon the findings
231	in the report submitted pursuant to subparagraph 6. The report
232	may be used as supporting data and analysis for the
233	intergovernmental coordination element.
234	(j)  For each unit of local government within an urbanized
235	area designated for purposes of s. 339.175, a transportation
236	element, which shall be prepared and adopted in lieu of the
237	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
238	and (d) and which shall address the following issues:
239	1.  Traffic circulation, including major thoroughfares and
240	other routes, including bicycle and pedestrian ways.
241	2.  All alternative modes of travel, such as public
242	transportation, pedestrian, and bicycle travel.
243	3.  Parking facilities.
244	4.  Aviation, rail, seaport facilities, access to those
245	facilities, and intermodal terminals.
246	5.  The availability of facilities and services to serve
247	existing land uses and the compatibility between future land use
248	and transportation elements.
249	6.  The capability to evacuate the coastal population prior
250	to an impending natural disaster.
251	7.  Airports, projected airport and aviation development,
252	and land use compatibility around airports that includes areas
253	defined in ss. 333.01 and 333.02.
254	8.  An identification of land use densities, building
255	intensities, and transportation management programs to promote
256	public transportation systems in designated public
257	transportation corridors so as to encourage population densities
258	sufficient to support such systems.
259	9.  May include transportation corridors, as defined in s.
260	334.03, intended for future transportation facilities designated
261	pursuant to s. 337.273. If transportation corridors are
262	designated, the local government may adopt a transportation
263	corridor management ordinance.
264	Section 5.  Subsection (3) of section 163.3178, Florida
265	Statutes, is amended to read:
266	163.3178  Coastal management.--
267	(3)  Expansions to port harbors, spoil disposal sites,
268	navigation channels, turning basins, harbor berths, and other
269	related inwater harbor facilities of ports listed in s.
270	403.021(9); port transportation facilities and projects listed
271	in s. 311.07(3)(b); and intermodal transportation facilities
272	identified pursuant to s. 311.09(3) and facilities determined by
273	the Department of Community Affairs and applicable general
274	purpose local government to be port-related industrial or
275	commercial projects located within 3 miles of or in a port
276	master plan area which rely upon the utilization of port and
277	intermodal transportation facilities shall not be developments
278	of regional impact where such expansions, projects, or
279	facilities are consistent with comprehensive master plans that
280	are in compliance with this section.
281	Section 6.  Paragraph (c) is added to subsection (2) of
282	section 163.3182, Florida Statutes, and paragraph (d) of
283	subsection (3), paragraph (a) of subsection (4), and subsections
284	(5) and (8) of that section are amended, to read:
285	163.3182  Transportation concurrency backlogs.--
286	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
287	AUTHORITIES.--
288	(c)  The Legislature finds and declares that there exists
289	in many counties and municipalities areas with significant
290	transportation deficiencies and inadequate transportation
291	facilities; that many such insufficiencies and inadequacies
292	severely limit or prohibit the satisfaction of transportation
293	concurrency standards; that such transportation insufficiencies
294	and inadequacies affect the health, safety, and welfare of the
295	residents of such counties and municipalities; that such
296	transportation insufficiencies and inadequacies adversely affect
297	economic development and growth of the tax base for the areas in
298	which such insufficiencies and inadequacies exist; and that the
299	elimination of transportation deficiencies and inadequacies and
300	the satisfaction of transportation concurrency standards are
301	paramount public purposes for the state and its counties and
302	municipalities.
303	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
304	AUTHORITY.--Each transportation concurrency backlog authority
305	has the powers necessary or convenient to carry out the purposes
306	of this section, including the following powers in addition to
307	others granted in this section:
308	(d)  To borrow money, including, but not limited to,
309	issuing debt obligations, such as, but not limited to, bonds,
310	notes, certificates, and similar debt instruments; to apply for
311	and accept advances, loans, grants, contributions, and any other
312	forms of financial assistance from the Federal Government or the
313	state, county, or any other public body or from any sources,
314	public or private, for the purposes of this part; to give such
315	security as may be required; to enter into and carry out
316	contracts or agreements; and to include in any contracts for
317	financial assistance with the Federal Government for or with
318	respect to a transportation concurrency backlog project and
319	related activities such conditions imposed pursuant to federal
320	laws as the transportation concurrency backlog authority
321	considers reasonable and appropriate and which are not
322	inconsistent with the purposes of this section.
323	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
324	(a)  Each transportation concurrency backlog authority
325	shall adopt a transportation concurrency backlog plan as a part
326	of the local government comprehensive plan within 6 months after
327	the creation of the authority. The plan shall:
328	1.  Identify all transportation facilities that have been
329	designated as deficient and require the expenditure of moneys to
330	upgrade, modify, or mitigate the deficiency.
331	2.  Include a priority listing of all transportation
332	facilities that have been designated as deficient and do not
333	satisfy concurrency requirements pursuant to s. 163.3180, and
334	the applicable local government comprehensive plan.
335	3.  Establish a schedule for financing and construction of
336	transportation concurrency backlog projects that will eliminate
337	transportation concurrency backlogs within the jurisdiction of
338	the authority within 10 years after the transportation
339	concurrency backlog plan adoption. The schedule shall be adopted
340	as part of the local government comprehensive plan.
341	Notwithstanding such schedule requirements, as long as the
342	schedule provides for the elimination of all transportation
343	concurrency backlogs within 10 years after the adoption of the
344	concurrency backlog plan, the final maturity date of any debt
345	incurred to finance or refinance the related projects may be no
346	later than 40 years after the date such debt is incurred and the
347	authority may continue operations and administer the trust fund
348	established as provided in subsection (5) for as long as such
349	debt remains outstanding.
350	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
351	concurrency backlog authority shall establish a local
352	transportation concurrency backlog trust fund upon creation of
353	the authority. Each local trust fund shall be administered by
354	the transportation concurrency backlog authority within which a
355	transportation concurrency backlog has been identified. Each
356	local trust fund shall continue to be funded pursuant to this
357	section for as long as the projects set forth in the related
358	transportation concurrency backlog plan remain to be completed
359	or until any debt incurred to finance or refinance the related
360	projects are no longer outstanding, whichever occurs later.
361	Beginning in the first fiscal year after the creation of the
362	authority, each local trust fund shall be funded by the proceeds
363	of an ad valorem tax increment collected within each
364	transportation concurrency backlog area to be determined
365	annually and shall be a minimum of 25 percent of the difference
366	between the amounts set forth in paragraphs (a) and (b), except
367	that if all of the affected taxing authorities agree pursuant to
368	an interlocal agreement, a particular local trust fund may be
369	funded by the proceeds of an ad valorem tax increment greater
370	than 25 percent of the difference between the amounts set forth
371	in paragraphs (a) and (b):
372	(a)  The amount of ad valorem tax levied each year by each
373	taxing authority, exclusive of any amount from any debt service
374	millage, on taxable real property contained within the
375	jurisdiction of the transportation concurrency backlog authority
376	and within the transportation backlog area; and
377	(b)  The amount of ad valorem taxes which would have been
378	produced by the rate upon which the tax is levied each year by
379	or for each taxing authority, exclusive of any debt service
380	millage, upon the total of the assessed value of the taxable
381	real property within the transportation concurrency backlog area
382	as shown on the most recent assessment roll used in connection
383	with the taxation of such property of each taxing authority
384	prior to the effective date of the ordinance funding the trust
385	fund.
386	(8)  DISSOLUTION.--Upon completion of all transportation
387	concurrency backlog projects and repayment or defeasance of all
388	debt issued to finance or refinance such projects, a
389	transportation concurrency backlog authority shall be dissolved,
390	and its assets and liabilities shall be transferred to the
391	county or municipality within which the authority is located.
392	All remaining assets of the authority must be used for
393	implementation of transportation projects within the
394	jurisdiction of the authority. The local government
395	comprehensive plan shall be amended to remove the transportation
396	concurrency backlog plan.
397	Section 7.  Paragraph (c) of subsection (9) of section
398	287.055, Florida Statutes, is amended to read:
399	287.055  Acquisition of professional architectural,
400	engineering, landscape architectural, or surveying and mapping
401	services; definitions; procedures; contingent fees prohibited;
402	penalties.--
403	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
404	(c)  Except as otherwise provided in s. 337.11(8)(7), the
405	Department of Management Services shall adopt rules for the
406	award of design-build contracts to be followed by state
407	agencies. Each other agency must adopt rules or ordinances for
408	the award of design-build contracts. Municipalities, political
409	subdivisions, school districts, and school boards shall award
410	design-build contracts by the use of a competitive proposal
411	selection process as described in this subsection, or by the use
412	of a qualifications-based selection process pursuant to
413	subsections (3), (4), and (5) for entering into a contract
414	whereby the selected firm will, subsequent to competitive
415	negotiations, establish a guaranteed maximum price and
416	guaranteed completion date. If the procuring agency elects the
417	option of qualifications-based selection, during the selection
418	of the design-build firm the procuring agency shall employ or
419	retain a licensed design professional appropriate to the project
420	to serve as the agency's representative. Procedures for the use
421	of a competitive proposal selection process must include as a
422	minimum the following:
423	1.  The preparation of a design criteria package for the
424	design and construction of the public construction project.
425	2.  The qualification and selection of no fewer than three
426	design-build firms as the most qualified, based on the
427	qualifications, availability, and past work of the firms,
428	including the partners or members thereof.
429	3.  The criteria, procedures, and standards for the
430	evaluation of design-build contract proposals or bids, based on
431	price, technical, and design aspects of the public construction
432	project, weighted for the project.
433	4.  The solicitation of competitive proposals, pursuant to
434	a design criteria package, from those qualified design-build
435	firms and the evaluation of the responses or bids submitted by
436	those firms based on the evaluation criteria and procedures
437	established prior to the solicitation of competitive proposals.
438	5.  For consultation with the employed or retained design
439	criteria professional concerning the evaluation of the responses
440	or bids submitted by the design-build firms, the supervision or
441	approval by the agency of the detailed working drawings of the
442	project; and for evaluation of the compliance of the project
443	construction with the design criteria package by the design
444	criteria professional.
445	6.  In the case of public emergencies, for the agency head
446	to declare an emergency and authorize negotiations with the best
447	qualified design-build firm available at that time.
448	Section 8.  Section 316.0741, Florida Statutes, is amended
449	to read:
450	316.0741  High-occupancy-vehicle High occupancy vehicle
451	lanes.--
452	(1)  As used in this section, the term:
453	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
454	or "HOV lane" means a lane of a public roadway designated for
455	use by vehicles in which there is more than one occupant unless
456	otherwise authorized by federal law.
457	(b)  "Hybrid vehicle" means a motor vehicle:
458	1.  That draws propulsion energy from onboard sources of
459	stored energy which are both an internal combustion or heat
460	engine using combustible fuel and a rechargeable energy-storage
461	system; and
462	2.  That, in the case of a passenger automobile or light
463	truck, has received a certificate of conformity under the Clean
464	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
465	equivalent qualifying California standards for a low-emission
466	vehicle.
467	(2)  The number of persons that must be in a vehicle to
468	qualify for legal use of the HOV lane and the hours during which
469	the lane will serve as an HOV lane, if it is not designated as
470	such on a full-time basis, must also be indicated on a traffic
471	control device.
472	(3)  Except as provided in subsection (4), a vehicle may
473	not be driven in an HOV lane if the vehicle is occupied by fewer
474	than the number of occupants indicated by a traffic control
475	device. A driver who violates this section shall be cited for a
476	moving violation, punishable as provided in chapter 318.
477	(4)(a)  Notwithstanding any other provision of this
478	section, an inherently low-emission vehicle (ILEV) that is
479	certified and labeled in accordance with federal regulations may
480	be driven in an HOV lane at any time, regardless of its
481	occupancy. In addition, upon the state's receipt of written
482	notice from the proper federal regulatory agency authorizing
483	such use, a vehicle defined as a hybrid vehicle under this
484	section may be driven in an HOV lane at any time, regardless of
485	its occupancy.
486	(b)  All eligible hybrid and all eligible other low-
487	emission and energy-efficient vehicles driven in an HOV lane
488	must comply with the minimum fuel economy standards in 23 U.S.C.
489	s. 166(f)(3)(B).
490	(c)  Upon issuance of the applicable Environmental
491	Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
492	relating to the eligibility of hybrid and other low-emission and
493	energy-efficient vehicles for operation in an HOV lane
494	regardless of occupancy, the Department of Transportation shall
495	review the rule and recommend to the Legislature any statutory
496	changes necessary for compliance with the federal rule. The
497	department shall provide its recommendations no later than 30
498	days following issuance of the final rule.
499	(5)  The department shall issue a decal and registration
500	certificate, to be renewed annually, reflecting the HOV lane
501	designation on such vehicles meeting the criteria in subsection
502	(4) authorizing driving in an HOV lane at any time such use. The
503	department may charge a fee for a decal, not to exceed the costs
504	of designing, producing, and distributing each decal, or $5,
505	whichever is less. The proceeds from sale of the decals shall be
506	deposited in the Highway Safety Operating Trust Fund. The
507	department may, for reasons of operation and management of HOV
508	facilities, limit or discontinue issuance of decals for the use
509	of HOV facilities by hybrid and low-emission and energy-
510	efficient vehicles, regardless of occupancy, if it has been
511	determined by the Department of Transportation that the
512	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
513	(6)  Vehicles having decals by virtue of compliance with
514	the minimum fuel economy standards under 23 U.S.C. s.
515	166(f)(3)(B), and which are registered for use in high-occupancy
516	toll lanes or express lanes in accordance with Department of
517	Transportation rule, shall be allowed to use any HOV lanes
518	redesignated as high-occupancy toll lanes or express lanes
519	without payment of a toll.
520	(5)  As used in this section, the term "hybrid vehicle"
521	means a motor vehicle:
522	(a)  That draws propulsion energy from onboard sources of
523	stored energy which are both:
524	1.  An internal combustion or heat engine using combustible
525	fuel; and
526	2.  A rechargeable energy storage system; and
527	(b)  That, in the case of a passenger automobile or light
528	truck:
529	1.  Has received a certificate of conformity under the
530	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
531	2.  Meets or exceeds the equivalent qualifying California
532	standards for a low-emission vehicle.
533	(7)(6)  The department may adopt rules necessary to
534	administer this section.
535	Section 9.  Subsection (4) of section 316.193, Florida
536	Statutes, is amended to read:
537	316.193  Driving under the influence; penalties.--
538	(4)(a)  Any person who is convicted of a violation of
539	subsection (1) and who has a blood-alcohol level or breath-
540	alcohol level of 0.15 0.20 or higher, or any person who is
541	convicted of a violation of subsection (1) and who at the time
542	of the offense was accompanied in the vehicle by a person under
543	the age of 18 years, shall be punished:
544	1.(a)  By a fine of:
545	a.1.  Not less than $500 or more than $1,000 for a first
546	conviction.
547	b.2.  Not less than $1,000 or more than $2,000 for a second
548	conviction.
549	c.3.  Not less than $2,000 for a third or subsequent
550	conviction.
551	2.(b)  By imprisonment for:
552	a.1.  Not more than 9 months for a first conviction.
553	b.2.  Not more than 12 months for a second conviction.
554	(b)  For the purposes of this subsection, only the instant
555	offense is required to be a violation of subsection (1) by a
556	person who has a blood-alcohol level or breath-alcohol level of
557	0.15 0.20 or higher.
558	(c)  In addition to the penalties in subparagraphs (a)1.
559	and 2. paragraphs (a) and (b), the court shall order the
560	mandatory placement, at the convicted person's sole expense, of
561	an ignition interlock device approved by the department in
562	accordance with s. 316.1938 upon all vehicles that are
563	individually or jointly leased or owned and routinely operated
564	by the convicted person for not less than up to 6 continuous
565	months for the first offense and for not less than at least 2
566	continuous years for a second offense, when the convicted person
567	qualifies for a permanent or restricted license. The
568	installation of such device may not occur before July 1, 2003.
569	Section 10.  Effective October 1, 2008, paragraph (b) of
570	subsection (1) and subsections (6) and (8) of section 316.302,
571	Florida Statutes, are amended to read:
572	316.302  Commercial motor vehicles; safety regulations;
573	transporters and shippers of hazardous materials; enforcement.--
574	(1)
575	(b)  Except as otherwise provided in this section, all
576	owners or drivers of commercial motor vehicles that are engaged
577	in intrastate commerce are subject to the rules and regulations
578	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
579	exception of 49 C.F.R. s. 390.5 as it relates to the definition
580	of bus, as such rules and regulations existed on October 1, 2007
581	2005.
582	(6)  The state Department of Transportation shall perform
583	the duties that are assigned to the Field Administrator, Federal
584	Motor Carrier Safety Administration Regional Federal Highway
585	Administrator under the federal rules, and an agent of that
586	department, as described in s. 316.545(9), may enforce those
587	rules.
588	(8)  For the purpose of enforcing this section, any law
589	enforcement officer of the Department of Transportation or duly
590	appointed agent who holds a current safety inspector
591	certification from the Commercial Vehicle Safety Alliance may
592	require the driver of any commercial vehicle operated on the
593	highways of this state to stop and submit to an inspection of
594	the vehicle or the driver's records. If the vehicle or driver is
595	found to be operating in an unsafe condition, or if any required
596	part or equipment is not present or is not in proper repair or
597	adjustment, and the continued operation would present an unduly
598	hazardous operating condition, the officer may require the
599	vehicle or the driver to be removed from service pursuant to the
600	North American Standard Uniform Out-of-Service Criteria, until
601	corrected. However, if continuous operation would not present an
602	unduly hazardous operating condition, the officer may give
603	written notice requiring correction of the condition within 14
604	days.
605	(a)  Any member of the Florida Highway Patrol or any law
606	enforcement officer employed by a sheriff's office or municipal
607	police department authorized to enforce the traffic laws of this
608	state pursuant to s. 316.640 who has reason to believe that a
609	vehicle or driver is operating in an unsafe condition may, as
610	provided in subsection (10), enforce the provisions of this
611	section.
612	(b)  Any person who fails to comply with an officer's
613	request to submit to an inspection under this subsection commits
614	a violation of s. 843.02 if the person resists the officer
615	without violence or a violation of s. 843.01 if the person
616	resists the officer with violence.
617	Section 11.  Subsection (2) of section 316.613, Florida
618	Statutes, is amended to read:
619	316.613  Child restraint requirements.--
620	(2)  As used in this section, the term "motor vehicle"
621	means a motor vehicle as defined in s. 316.003 which that is
622	operated on the roadways, streets, and highways of the state.
623	The term does not include:
624	(a)  A school bus as defined in s. 316.003(45).
625	(b)  A bus used for the transportation of persons for
626	compensation, other than a bus regularly used to transport
627	children to or from school, as defined in s. 316.615(1) (b), or
628	in conjunction with school activities.
629	(c)  A farm tractor or implement of husbandry.
630	(d)  A truck having a gross vehicle weight rating of more
631	than 26,000 of net weight of more than 5,000 pounds.
632	(e)  A motorcycle, moped, or bicycle.
633	Section 12.  Paragraph (a) of subsection (3) of section
634	316.614, Florida Statutes, is amended to read:
635	316.614  Safety belt usage.--
636	(3)  As used in this section:
637	(a)  "Motor vehicle" means a motor vehicle as defined in s.
638	316.003 which that is operated on the roadways, streets, and
639	highways of this state. The term does not include:
640	1.  A school bus.
641	2.  A bus used for the transportation of persons for
642	compensation.
643	3.  A farm tractor or implement of husbandry.
644	4.  A truck having a gross vehicle weight rating of more
645	than 26,000 of a net weight of more than 5,000 pounds.
646	5.  A motorcycle, moped, or bicycle.
647	Section 13.  Paragraph (a) of subsection (2) of section
648	316.656, Florida Statutes, is amended to read:
649	316.656  Mandatory adjudication; prohibition against
650	accepting plea to lesser included offense.--
651	(2)(a)  No trial judge may accept a plea of guilty to a
652	lesser offense from a person charged under the provisions of
653	this act who has been given a breath or blood test to determine
654	blood or breath alcohol content, the results of which show a
655	blood or breath alcohol content by weight of 0.15 0.20 percent
656	or more.
657	Section 14.  Section 322.64, Florida Statutes, is amended
658	to read:
659	322.64  Holder of commercial driver's license; persons
660	operating a commercial motor vehicle; driving with unlawful
661	blood-alcohol level; refusal to submit to breath, urine, or
662	blood test.--
663	(1)(a)  A law enforcement officer or correctional officer
664	shall, on behalf of the department, disqualify from operating
665	any commercial motor vehicle a person who while operating or in
666	actual physical control of a commercial motor vehicle is
667	arrested for a violation of s. 316.193, relating to unlawful
668	blood-alcohol level or breath-alcohol level, or a person who has
669	refused to submit to a breath, urine, or blood test authorized
670	by s. 322.63 arising out of the operation or actual physical
671	control of a commercial motor vehicle. A law enforcement officer
672	or correctional officer shall, on behalf of the department,
673	disqualify the holder of a commercial driver's license from
674	operating any commercial motor vehicle if the licenseholder,
675	while operating or in actual physical control of a motor
676	vehicle, is arrested for a violation of s. 316.193, relating to
677	unlawful blood-alcohol level or breath-alcohol level, or refused
678	to submit to a breath, urine, or blood test authorized by s.
679	322.63. Upon disqualification of the person, the officer shall
680	take the person's driver's license and issue the person a 10-day
681	temporary permit for the operation of noncommercial vehicles
682	only if the person is otherwise eligible for the driving
683	privilege and shall issue the person a notice of
684	disqualification. If the person has been given a blood, breath,
685	or urine test, the results of which are not available to the
686	officer at the time of the arrest, the agency employing the
687	officer shall transmit such results to the department within 5
688	days after receipt of the results. If the department then
689	determines that the person was arrested for a violation of s.
690	316.193 and that the person had a blood-alcohol level or breath-
691	alcohol level of 0.08 or higher, the department shall disqualify
692	the person from operating a commercial motor vehicle pursuant to
693	subsection (3).
694	(b)  The disqualification under paragraph (a) shall be
695	pursuant to, and the notice of disqualification shall inform the
696	driver of, the following:
697	1.a.  The driver refused to submit to a lawful breath,
698	blood, or urine test and he or she is disqualified from
699	operating a commercial motor vehicle for a period of 1 year, for
700	a first refusal, or permanently, if he or she has previously
701	been disqualified as a result of a refusal to submit to such a
702	test; or
703	b.  The driver was driving or in actual physical control of
704	a commercial motor vehicle, or any motor vehicle if the driver
705	holds a commercial driver's license, had an unlawful blood-
706	alcohol level or breath-alcohol level of 0.08 or higher, and his
707	or her driving privilege shall be disqualified for a period of 1
708	year for a first offense or permanently disqualified if his or
709	her driving privilege has been previously disqualified under
710	this section. violated s. 316.193 by driving with an unlawful
711	blood-alcohol level and he or she is disqualified from operating
712	a commercial motor vehicle for a period of 6 months for a first
713	offense or for a period of 1 year if he or she has previously
714	been disqualified, or his or her driving privilege has been
715	previously suspended, for a violation of s. 316.193.
716	2.  The disqualification period for operating commercial
717	vehicles shall commence on the date of arrest or issuance of the
718	notice of disqualification, whichever is later.
719	3.  The driver may request a formal or informal review of
720	the disqualification by the department within 10 days after the
721	date of arrest or issuance of the notice of disqualification,
722	whichever is later.
723	4.  The temporary permit issued at the time of arrest or
724	disqualification expires will expire at midnight of the 10th day
725	following the date of disqualification.
726	5.  The driver may submit to the department any materials
727	relevant to the disqualification arrest.
728	(2)  Except as provided in paragraph (1)(a), the law
729	enforcement officer shall forward to the department, within 5
730	days after the date of the arrest or the issuance of the notice
731	of disqualification, whichever is later, a copy of the notice of
732	disqualification, the driver's license of the person
733	disqualified arrested, and a report of the arrest, including, if
734	applicable, an affidavit stating the officer's grounds for
735	belief that the person disqualified arrested was operating or in
736	actual physical control of a commercial motor vehicle, or holds
737	a commercial driver's license, and had an unlawful blood-alcohol
738	or breath-alcohol level in violation of s. 316.193; the results
739	of any breath or blood or urine test or an affidavit stating
740	that a breath, blood, or urine test was requested by a law
741	enforcement officer or correctional officer and that the person
742	arrested refused to submit; a copy of the notice of
743	disqualification citation issued to the person arrested; and the
744	officer's description of the person's field sobriety test, if
745	any. The failure of the officer to submit materials within the
746	5-day period specified in this subsection or subsection (1) does
747	shall not affect the department's ability to consider any
748	evidence submitted at or prior to the hearing. The officer may
749	also submit a copy of a videotape of the field sobriety test or
750	the attempt to administer such test and a copy of the crash
751	report, if any.
752	(3)  If the department determines that the person arrested
753	should be disqualified from operating a commercial motor vehicle
754	pursuant to this section and if the notice of disqualification
755	has not already been served upon the person by a law enforcement
756	officer or correctional officer as provided in subsection (1),
757	the department shall issue a notice of disqualification and,
758	unless the notice is mailed pursuant to s. 322.251, a temporary
759	permit which expires 10 days after the date of issuance if the
760	driver is otherwise eligible.
761	(4)  If the person disqualified arrested requests an
762	informal review pursuant to subparagraph (1)(b)3., the
763	department shall conduct the informal review by a hearing
764	officer employed by the department. Such informal review hearing
765	shall consist solely of an examination by the department of the
766	materials submitted by a law enforcement officer or correctional
767	officer and by the person disqualified arrested, and the
768	presence of an officer or witness is not required.
769	(5)  After completion of the informal review, notice of the
770	department's decision sustaining, amending, or invalidating the
771	disqualification must be provided to the person. Such notice
772	must be mailed to the person at the last known address shown on
773	the department's records, and to the address provided in the law
774	enforcement officer's report if such address differs from the
775	address of record, within 21 days after the expiration of the
776	temporary permit issued pursuant to subsection (1) or subsection
777	(3).
778	(6)(a)  If the person disqualified arrested requests a
779	formal review, the department must schedule a hearing to be held
780	within 30 days after such request is received by the department
781	and must notify the person of the date, time, and place of the
782	hearing.
783	(b)  Such formal review hearing shall be held before a
784	hearing officer employed by the department, and the hearing
785	officer shall be authorized to administer oaths, examine
786	witnesses and take testimony, receive relevant evidence, issue
787	subpoenas for the officers and witnesses identified in documents
788	as provided in subsection (2), regulate the course and conduct
789	of the hearing, and make a ruling on the disqualification. The
790	department and the person disqualified arrested may subpoena
791	witnesses, and the party requesting the presence of a witness
792	shall be responsible for the payment of any witness fees. If the
793	person who requests a formal review hearing fails to appear and
794	the hearing officer finds such failure to be without just cause,
795	the right to a formal hearing is waived and the department shall
796	conduct an informal review of the disqualification under
797	subsection (4).
798	(c)  A party may seek enforcement of a subpoena under
799	paragraph (b) by filing a petition for enforcement in the
800	circuit court of the judicial circuit in which the person
801	failing to comply with the subpoena resides. A failure to comply
802	with an order of the court shall result in a finding of contempt
803	of court. However, a person shall not be in contempt while a
804	subpoena is being challenged.
805	(d)  The department must, within 7 days after a formal
806	review hearing, send notice to the person of the hearing
807	officer's decision as to whether sufficient cause exists to
808	sustain, amend, or invalidate the disqualification.
809	(7)  In a formal review hearing under subsection (6) or an
810	informal review hearing under subsection (4), the hearing
811	officer shall determine by a preponderance of the evidence
812	whether sufficient cause exists to sustain, amend, or invalidate
813	the disqualification. The scope of the review shall be limited
814	to the following issues:
815	(a)  If the person was disqualified from operating a
816	commercial motor vehicle for driving with an unlawful blood-
817	alcohol level in violation of s. 316.193:
818	1.  Whether the arresting law enforcement officer had
819	probable cause to believe that the person was driving or in
820	actual physical control of a commercial motor vehicle, or any
821	motor vehicle if the driver holds a commercial driver's license,
822	in this state while he or she had any alcohol, chemical
823	substances, or controlled substances in his or her body.
824	2.  Whether the person was placed under lawful arrest for a
825	violation of s. 316.193.
826	2.3.  Whether the person had an unlawful blood-alcohol
827	level or breath-alcohol level of 0.08 or higher as provided in
828	s. 316.193.
829	(b)  If the person was disqualified from operating a
830	commercial motor vehicle for refusal to submit to a breath,
831	blood, or urine test:
832	1.  Whether the law enforcement officer had probable cause
833	to believe that the person was driving or in actual physical
834	control of a commercial motor vehicle, or any motor vehicle if
835	the driver holds a commercial driver's license, in this state
836	while he or she had any alcohol, chemical substances, or
837	controlled substances in his or her body.
838	2.  Whether the person refused to submit to the test after
839	being requested to do so by a law enforcement officer or
840	correctional officer.
841	3.  Whether the person was told that if he or she refused
842	to submit to such test he or she would be disqualified from
843	operating a commercial motor vehicle for a period of 1 year or,
844	in the case of a second refusal, permanently.
845	(8)  Based on the determination of the hearing officer
846	pursuant to subsection (7) for both informal hearings under
847	subsection (4) and formal hearings under subsection (6), the
848	department shall:
849	(a)  Sustain the disqualification for a period of 1 year
850	for a first refusal, or permanently if such person has been
851	previously disqualified from operating a commercial motor
852	vehicle as a result of a refusal to submit to such tests. The
853	disqualification period commences on the date of the arrest or
854	issuance of the notice of disqualification, whichever is later.
855	(b)  Sustain the disqualification:
856	1.  For a period of 1 year if the person was driving or in
857	actual physical control of a commercial motor vehicle, or any
858	motor vehicle if the driver holds a commercial driver's license,
859	and had an unlawful blood-alcohol level or breath-alcohol level
860	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
861	for a period of 1 year
862	2.  Permanently if the person has been previously
863	disqualified from operating a commercial motor vehicle or his or
864	her driving privilege has been previously suspended for driving
865	or being in actual physical control of a commercial motor
866	vehicle, or any motor vehicle if the driver holds a commercial
867	driver's license, and had an unlawful blood-alcohol level or
868	breath-alcohol level of 0.08 or higher as a result of a
869	violation of s. 316.193.
870
871	The disqualification period commences on the date of the arrest
872	or issuance of the notice of disqualification, whichever is
873	later.
874	(9)  A request for a formal review hearing or an informal
875	review hearing shall not stay the disqualification. If the
876	department fails to schedule the formal review hearing to be
877	held within 30 days after receipt of the request therefor, the
878	department shall invalidate the disqualification. If the
879	scheduled hearing is continued at the department's initiative,
880	the department shall issue a temporary driving permit limited to
881	noncommercial vehicles which is shall be valid until the hearing
882	is conducted if the person is otherwise eligible for the driving
883	privilege. Such permit shall not be issued to a person who
884	sought and obtained a continuance of the hearing. The permit
885	issued under this subsection shall authorize driving for
886	business purposes or employment use only.
887	(10)  A person who is disqualified from operating a
888	commercial motor vehicle under subsection (1) or subsection (3)
889	is eligible for issuance of a license for business or employment
890	purposes only under s. 322.271 if the person is otherwise
891	eligible for the driving privilege. However, such business or
892	employment purposes license shall not authorize the driver to
893	operate a commercial motor vehicle.
894	(11)  The formal review hearing may be conducted upon a
895	review of the reports of a law enforcement officer or a
896	correctional officer, including documents relating to the
897	administration of a breath test or blood test or the refusal to
898	take either test. However, as provided in subsection (6), the
899	driver may subpoena the officer or any person who administered
900	or analyzed a breath or blood test.
901	(12)  The formal review hearing and the informal review
902	hearing are exempt from the provisions of chapter 120. The
903	department is authorized to adopt rules for the conduct of
904	reviews under this section.
905	(13)  A person may appeal any decision of the department
906	sustaining the disqualification from operating a commercial
907	motor vehicle by a petition for writ of certiorari to the
908	circuit court in the county wherein such person resides or
909	wherein a formal or informal review was conducted pursuant to s.
910	322.31. However, an appeal shall not stay the disqualification.
911	This subsection shall not be construed to provide for a de novo
912	appeal.
913	(14)  The decision of the department under this section
914	shall not be considered in any trial for a violation of s.
915	316.193, s. 322.61, or s. 322.62, nor shall any written
916	statement submitted by a person in his or her request for
917	departmental review under this section be admissible into
918	evidence against him or her in any such trial. The disposition
919	of any related criminal proceedings shall not affect a
920	disqualification imposed pursuant to this section.
921	(15)  This section does not preclude the suspension of the
922	driving privilege pursuant to s. 322.2615. The driving privilege
923	of a person who has been disqualified from operating a
924	commercial motor vehicle also may be suspended for a violation
925	of s. 316.193.
926	Section 15.  Notwithstanding any law to the contrary, a
927	county, municipality, or special district may not own or operate
928	an asphalt plant or a portable or stationary concrete batch
929	plant having an independent mixer; however, this prohibition
930	does not apply to any county that owns or is under contract to
931	purchase an asphalt plant as of April 15, 2008, and that
932	furnishes its plant-generated asphalt solely for use by local
933	governments or company's under contract with local governments
934	for projects within the boundaries of such county. Sale of plant
935	generated asphalt to private entities or local governments
936	outside the boundaries of such county is prohibited.
937	Section 16.  Paragraph (g) of subsection (5) of section
938	337.0261, Florida Statutes, is amended to read:
939	337.0261  Construction aggregate materials.--
940	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
941	(g)  The task force shall be dissolved on June 30, 2009
942	July 1, 2008.
943	Section 17.  Subsection (7) of section 337.11, Florida
944	Statutes, is amended to read:
945	337.11  Contracting authority of department; bids;
946	emergency repairs, supplemental agreements, and change orders;
947	combined design and construction contracts; progress payments;
948	records; requirements of vehicle registration.--
949	(7)  If the department determines that it is in the best
950	interest of the public, the department may pay a stipend to
951	unsuccessful firms who have submitted responsive proposals for
952	construction or maintenance contracts. The decision and amount
953	of a stipend will be based upon department analysis of the
954	estimated proposal development costs and the anticipated degree
955	of competition during the procurement process. Stipends shall be
956	used to encourage competition and compensate unsuccessful firms
957	for a portion of their proposal development costs. The
958	department shall retain the right to use ideas from unsuccessful
959	firms that accept a stipend.
960	(8)(7)(a)  If the head of the department determines that it
961	is in the best interests of the public, the department may
962	combine the design and construction phases of a building, a
963	major bridge, a limited access facility, or a rail corridor
964	project into a single contract. Such contract is referred to as
965	a design-build contract. The department's goal shall be to
966	procure up to 25 percent of the construction contracts which add
967	capacity in the 5-year adopted work program as design-build
968	contracts by July 1, 2013. Design-build contracts may be
969	advertised and awarded notwithstanding the requirements of
970	paragraph (3)(c). However, construction activities may not begin
971	on any portion of such projects for which the department has not
972	yet obtained title to the necessary rights-of-way and easements
973	for the construction of that portion of the project has vested
974	in the state or a local governmental entity and all railroad
975	crossing and utility agreements have been executed. Title to
976	rights-of-way shall be deemed to have vested in the state when
977	the title has been dedicated to the public or acquired by
978	prescription.
979	(b)  The department shall adopt by rule procedures for
980	administering design-build contracts. Such procedures shall
981	include, but not be limited to:
982	1.  Prequalification requirements.
983	2.  Public announcement procedures.
984	3.  Scope of service requirements.
985	4.  Letters of interest requirements.
986	5.  Short-listing criteria and procedures.
987	6.  Bid proposal requirements.
988	7.  Technical review committee.
989	8.  Selection and award processes.
990	9.  Stipend requirements.
991	Section 18.  Subsection (7) of section 337.14, Florida
992	Statutes, is amended to read:
993	337.14  Application for qualification; certificate of
994	qualification; restrictions; request for hearing.--
995	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
996	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
997	the department under this section may also qualify under s.
998	287.055 or s. 337.105 to provide testing services, construction,
999	engineering, and inspection services to the department. This
1000	limitation shall not apply to any design-build prequalification
1001	under s. 337.11(8)(7).
1002	Section 19.  Paragraph (a) of subsection (2) of section
1003	337.16, Florida Statutes, is amended to read:
1004	337.16  Disqualification of delinquent contractors from
1005	bidding; determination of contractor nonresponsibility; denial,
1006	suspension, and revocation of certificates of qualification;
1007	grounds; hearing.--
1008	(2)  For reasons other than delinquency in progress, the
1009	department, for good cause, may determine any contractor not
1010	having a certificate of qualification nonresponsible for a
1011	specified period of time or may deny, suspend, or revoke any
1012	certificate of qualification. Good cause includes, but is not
1013	limited to, circumstances in which a contractor or the
1014	contractor's official representative:
1015	(a)  Makes or submits to the department false, deceptive,
1016	or fraudulent statements or materials in any bid proposal to the
1017	department, any application for a certificate of qualification,
1018	any certification of payment pursuant to s. 337.11(11)(10), or
1019	any administrative or judicial proceeding;
1020	Section 20.  Paragraph (b) of subsection (1) of section
1021	337.18 is amended to read:
1022	337.18  Surety bonds for construction or maintenance
1023	contracts; requirement with respect to contract award; bond
1024	requirements; defaults; damage assessments.--
1025	(1)
1026	(b)  Prior to beginning any work under the contract, the
1027	contractor shall maintain a copy of the payment and performance
1028	bond required under this section at its principal place of
1029	business and at the jobsite office, if one is established, and
1030	the contractor shall provide a copy of the payment and
1031	performance bond within 5 days after receipt of any written
1032	request therefor. A copy of the payment and performance bond
1033	required under this section may also be obtained directly from
1034	the department via a request made pursuant to chapter 119. Upon
1035	execution of the contract, and prior to beginning any work under
1036	the contract, the contractor shall record in the public records
1037	of the county where the improvement is located the payment and
1038	performance bond required under this section. A claimant shall
1039	have a right of action against the contractor and surety for the
1040	amount due him or her, including unpaid finance charges due
1041	under the claimant's contract. Such action shall not involve the
1042	department in any expense.
1043	Section 21.  Subsections (1), (2), and (7) of section
1044	337.185, Florida Statutes, are amended to read:
1045	337.185  State Arbitration Board.--
1046	(1)  To facilitate the prompt settlement of claims for
1047	additional compensation arising out of construction and
1048	maintenance contracts between the department and the various
1049	contractors with whom it transacts business, the Legislature
1050	does hereby establish the State Arbitration Board, referred to
1051	in this section as the "board." For the purpose of this section,
1052	"claim" shall mean the aggregate of all outstanding claims by a
1053	party arising out of a construction or maintenance contract.
1054	Every contractual claim in an amount up to $250,000 per contract
1055	or, at the claimant's option, up to $500,000 per contract or,
1056	upon agreement of the parties, up to $1 million per contract
1057	that cannot be resolved by negotiation between the department
1058	and the contractor shall be arbitrated by the board after
1059	acceptance of the project by the department. As an exception,
1060	either party to the dispute may request that the claim be
1061	submitted to binding private arbitration. A court of law may not
1062	consider the settlement of such a claim until the process
1063	established by this section has been exhausted.
1064	(2)  The board shall be composed of three members. One
1065	member shall be appointed by the head of the department, and one
1066	member shall be elected by those construction or maintenance
1067	companies who are under contract with the department. The third
1068	member shall be chosen by agreement of the other two members.
1069	Whenever the third member has a conflict of interest regarding
1070	affiliation with one of the parties, the other two members shall
1071	select an alternate member for that hearing. The head of the
1072	department may select an alternative or substitute to serve as
1073	the department member for any hearing or term. Each member shall
1074	serve a 2-year term. The board shall elect a chair, each term,
1075	who shall be the administrator of the board and custodian of its
1076	records.
1077	(7)  The members of the board may receive compensation for
1078	the performance of their duties hereunder, from administrative
1079	fees received by the board, except that no employee of the
1080	department may receive compensation from the board. The
1081	compensation amount shall be determined by the board, but shall
1082	not exceed $125 per hour, up to a maximum of $1,000 per day for
1083	each member authorized to receive compensation. Nothing in this
1084	section shall prevent the member elected by construction or
1085	maintenance companies from being an employee of an association
1086	affiliated with the industry, even if the sole responsibility of
1087	that member is service on the board. Travel expenses for the
1088	industry member may be paid by an industry association, if
1089	necessary. The board may allocate funds annually for clerical
1090	and other administrative services.
1091	Section 22.  Subsection (1) of section 337.403, Florida
1092	Statutes, is amended to read:
1093	337.403  Relocation of utility; expenses.--
1094	(1)  Any utility heretofore or hereafter placed upon,
1095	under, over, or along any public road or publicly owned rail
1096	corridor that is found by the authority to be unreasonably
1097	interfering in any way with the convenient, safe, or continuous
1098	use, or the maintenance, improvement, extension, or expansion,
1099	of such public road or publicly owned rail corridor shall, upon
1100	30 days' written notice to the utility or its agent by the
1101	authority, be removed or relocated by such utility at its own
1102	expense except as provided in paragraphs (a)-(f) (a), (b), and
1103	(c).
1104	(a)  If the relocation of utility facilities, as referred
1105	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1106	627 of the 84th Congress, is necessitated by the construction of
1107	a project on the federal-aid interstate system, including
1108	extensions thereof within urban areas, and the cost of such
1109	project is eligible and approved for reimbursement by the
1110	Federal Government to the extent of 90 percent or more under the
1111	Federal Aid Highway Act, or any amendment thereof, then in that
1112	event the utility owning or operating such facilities shall
1113	relocate such facilities upon order of the department, and the
1114	state shall pay the entire expense properly attributable to such
1115	relocation after deducting therefrom any increase in the value
1116	of the new facility and any salvage value derived from the old
1117	facility.
1118	(b)  When a joint agreement between the department and the
1119	utility is executed for utility improvement, relocation, or
1120	removal work to be accomplished as part of a contract for
1121	construction of a transportation facility, the department may
1122	participate in those utility improvement, relocation, or removal
1123	costs that exceed the department's official estimate of the cost
1124	of such work by more than 10 percent. The amount of such
1125	participation shall be limited to the difference between the
1126	official estimate of all the work in the joint agreement plus 10
1127	percent and the amount awarded for this work in the construction
1128	contract for such work. The department may not participate in
1129	any utility improvement, relocation, or removal costs that occur
1130	as a result of changes or additions during the course of the
1131	contract.
1132	(c)  When an agreement between the department and utility
1133	is executed for utility improvement, relocation, or removal work
1134	to be accomplished in advance of a contract for construction of
1135	a transportation facility, the department may participate in the
1136	cost of clearing and grubbing necessary to perform such work.
1137	(d)  If the utility facility being removed or relocated was
1138	initially installed to exclusively serve the department, its
1139	tenants, or both the department and its tenants, the department
1140	shall bear the costs of removal or relocation of that utility
1141	facility. The department shall not be responsible, however, for
1142	bearing the cost of removal or relocation of any subsequent
1143	additions to that facility for the purpose of serving others.
1144	(e)  If, pursuant to an agreement between a utility and the
1145	authority entered into after the effective date of this
1146	subsection, the utility conveys, subordinates, or relinquishes a
1147	compensable property right to the authority for the purpose of
1148	accommodating the acquisition or use of the right-of-way by the
1149	authority, without the agreement expressly addressing future
1150	responsibility for cost of removal or relocation of the utility,
1151	then the authority shall bear the cost of such removal or
1152	relocation. Nothing in this paragraph is intended to impair or
1153	restrict, or be used to interpret, the terms of any such
1154	agreement entered into prior to the effective date of this
1155	paragraph.
1156	(f)  If the utility is an electric facility being relocated
1157	underground in order to enhance vehicular, bicycle, and
1158	pedestrian safety and in which ownership of the electric
1159	facility to be placed underground has been transferred from a
1160	private to a public utility within the past 5 years, the
1161	department shall incur all costs of the relocation.
1162	Section 23.  Subsections (4) and (5) of section 337.408,
1163	Florida Statutes, are amended, subsection (7) is renumbered as
1164	subsection (8), and a new subsection (7) is added to that
1165	section, to read:
1166	337.408  Regulation of benches, transit shelters, street
1167	light poles, waste disposal receptacles, and modular news racks
1168	within rights-of-way.--
1169	(4)  The department has the authority to direct the
1170	immediate relocation or removal of any bench, transit shelter,
1171	waste disposal receptacle, public pay telephone, or modular news
1172	rack which endangers life or property, except that transit bus
1173	benches which have been placed in service prior to April 1,
1174	1992, are not required to comply with bench size and advertising
1175	display size requirements which have been established by the
1176	department prior to March 1, 1992. Any transit bus bench that
1177	was in service prior to April 1, 1992, may be replaced with a
1178	bus bench of the same size or smaller, if the bench is damaged
1179	or destroyed or otherwise becomes unusable. The department is
1180	authorized to adopt rules relating to the regulation of bench
1181	size and advertising display size requirements. If a
1182	municipality or county within which a bench is to be located has
1183	adopted an ordinance or other applicable regulation that
1184	establishes bench size or advertising display sign requirements
1185	different from requirements specified in department rule, the
1186	local government requirement shall be applicable within the
1187	respective municipality or county. Placement of any bench or
1188	advertising display on the National Highway System under a local
1189	ordinance or regulation adopted pursuant to this subsection
1190	shall be subject to approval of the Federal Highway
1191	Administration.
1192	(5)  No bench, transit shelter, waste disposal receptacle,
1193	public pay telephone, or modular news rack, or advertising
1194	thereon, shall be erected or so placed on the right-of-way of
1195	any road which conflicts with the requirements of federal law,
1196	regulations, or safety standards, thereby causing the state or
1197	any political subdivision the loss of federal funds. Competition
1198	among persons seeking to provide bench, transit shelter, waste
1199	disposal receptacle, or modular news rack services or
1200	advertising on such benches, shelters, receptacles, or news
1201	racks may be regulated, restricted, or denied by the appropriate
1202	local government entity consistent with the provisions of this
1203	section.
1204	(7)  Public pay telephones, including advertising displayed
1205	thereon, may be installed within the right-of-way limits of any
1206	municipal, county, or state road, except on a limited access
1207	highway, provided that such pay telephones are installed by a
1208	provider duly authorized and regulated by the Public Service
1209	Commission pursuant to s. 364.3375, that such pay telephones are
1210	operated in accordance with all applicable state and federal
1211	telecommunications regulations, and that written authorization
1212	has been given to a public pay telephone provider by the
1213	appropriate municipal or county government. Each advertisement
1214	shall be limited to a size no greater than 8 square feet and no
1215	public pay telephone booth shall display more than 3 such
1216	advertisements at any given time. No advertisements shall be
1217	allowed on public pay telephones located in rest areas, welcome
1218	centers, and other such facilities located on an interstate
1219	highway.
1220	Section 24.  Subsection (6) is added to section 338.01,
1221	Florida Statutes, to read:
1222	338.01  Authority to establish and regulate limited access
1223	facilities.--
1224	(6)  All new limited access facilities and existing
1225	transportation facilities on which new or replacement electronic
1226	toll collection systems are installed shall be interoperable
1227	with the department's electronic toll collection system.
1228	Section 25.  Present subsections (7) and (8) of section
1229	338.165, Florida Statutes, are redesignated as subsections (8)
1230	and (9), respectively, and a new subsection (7) is added to that
1231	section, to read:
1232	338.165  Continuation of tolls.--
1233	(7)  This section does not apply to high-occupancy toll
1234	lanes or express lanes.
1235	Section 26.  Section 338.166, Florida Statutes, is created
1236	to read:
1237	338.166  High-occupancy toll lanes or express lanes.--
1238	(1)  Under s. 11, Art. VII of the State Constitution, the
1239	department may request the Division of Bond Finance to issue
1240	bonds secured by toll revenues collected on high-occupancy toll
1241	lanes or express lanes located on Interstate 95 in Miami-Dade
1242	and Broward Counties.
1243	(2)  The department may continue to collect the toll on the
1244	high-occupancy toll lanes or express lanes after the discharge
1245	of any bond indebtedness related to such project. All tolls so
1246	collected shall first be used to pay the annual cost of the
1247	operation, maintenance, and improvement of the high-occupancy
1248	toll lanes or express lanes project or associated transportation
1249	system.
1250	(3)  Any remaining toll revenue from the high-occupancy
1251	toll lanes or express lanes shall be used by the department for
1252	the construction, maintenance, or improvement of any road on the
1253	State Highway System.
1254	(4)  The department is authorized to implement variable
1255	rate tolls on high-occupancy toll lanes or express lanes.
1256	(5)  Except for high-occupancy toll lanes or express lanes,
1257	tolls may not be charged for use of an interstate highway where
1258	tolls were not charged as of July 1, 1997.
1259	(6)  This section does not apply to the turnpike system as
1260	defined under the Florida Turnpike Enterprise Law.
1261	Section 27.  Paragraphs (d) and (e) are added to subsection
1262	(1) of section 338.2216, Florida Statutes, to read:
1263	338.2216  Florida Turnpike Enterprise; powers and
1264	authority.--
1265	(1)
1266	(d)  The Florida Turnpike Enterprise is directed to pursue
1267	and implement new technologies and processes in its operations
1268	and collection of tolls and the collection of other amounts
1269	associated with road and infrastructure usage. Such technologies
1270	and processes shall include, without limitation, video billing
1271	and variable pricing.
1272	(e)1.  The Florida Turnpike Enterprise shall not under any
1273	circumstances contract with any vendor for the retail sale of
1274	fuel along the Florida Turnpike if such contract is negotiated
1275	or bid together with any other contract, including, but not
1276	limited to, the retail sale of food, maintenance services, or
1277	construction, with the exception that any contract for the
1278	retail sale of fuel along the Florida Turnpike shall be bid and
1279	contracted together with the retail sale of food at any
1280	convenience store attached to the fuel station.
1281	2.  All contracts related to service plazas, including, but
1282	not limited to, the sale of fuel, the retail sale of food,
1283	maintenance services, or construction, except for services
1284	provided as defined in s. 287.055(2)(a), awarded by the Florida
1285	Turnpike Enterprise shall be procured through individual
1286	competitive solicitations and awarded to the most cost-effective
1287	responder. This paragraph does not prohibit the award of more
1288	than one individual contract to a single vendor if he or she
1289	submits the most cost-effective response.
1290	Section 28.  Paragraph (b) of subsection (1) of section
1291	338.223, Florida Statutes, is amended to read:
1292	338.223  Proposed turnpike projects.--
1293	(1)
1294	(b)  Any proposed turnpike project or improvement shall be
1295	developed in accordance with the Florida Transportation Plan and
1296	the work program pursuant to s. 339.135. Turnpike projects that
1297	add capacity, alter access, affect feeder roads, or affect the
1298	operation of the local transportation system shall be included
1299	in the transportation improvement plan of the affected
1300	metropolitan planning organization. If such turnpike project
1301	does not fall within the jurisdiction of a metropolitan planning
1302	organization, the department shall notify the affected county
1303	and provide for public hearings in accordance with s.
1304	339.155(5)(6)(c).
1305	Section 29.  Section 338.231, Florida Statutes, is amended
1306	to read:
1307	338.231  Turnpike tolls, fixing; pledge of tolls and other
1308	revenues.--The department shall at all times fix, adjust,
1309	charge, and collect such tolls and amounts for the use of the
1310	turnpike system as are required in order to provide a fund
1311	sufficient with other revenues of the turnpike system to pay the
1312	cost of maintaining, improving, repairing, and operating such
1313	turnpike system; to pay the principal of and interest on all
1314	bonds issued to finance or refinance any portion of the turnpike
1315	system as the same become due and payable; and to create
1316	reserves for all such purposes.
1317	(1)  In the process of effectuating toll rate increases
1318	over the period 1988 through 1992, the department shall, to the
1319	maximum extent feasible, equalize the toll structure, within
1320	each vehicle classification, so that the per mile toll rate will
1321	be approximately the same throughout the turnpike system. New
1322	turnpike projects may have toll rates higher than the uniform
1323	system rate where such higher toll rates are necessary to
1324	qualify the project in accordance with the financial criteria in
1325	the turnpike law. Such higher rates may be reduced to the
1326	uniform system rate when the project is generating sufficient
1327	revenues to pay the full amount of debt service and operating
1328	and maintenance costs at the uniform system rate. If, after 15
1329	years of opening to traffic, the annual revenue of a turnpike
1330	project does not meet or exceed the annual debt service
1331	requirements and operating and maintenance costs attributable to
1332	such project, the department shall, to the maximum extent
1333	feasible, establish a toll rate for the project which is higher
1334	than the uniform system rate as necessary to meet such annual
1335	debt service requirements and operating and maintenance costs.
1336	The department may, to the extent feasible, establish a
1337	temporary toll rate at less than the uniform system rate for the
1338	purpose of building patronage for the ultimate benefit of the
1339	turnpike system. In no case shall the temporary rate be
1340	established for more than 1 year. The requirements of this
1341	subsection shall not apply when the application of such
1342	requirements would violate any covenant established in a
1343	resolution or trust indenture relating to the issuance of
1344	turnpike bonds.
1345	(1)(2)  Notwithstanding any other provision of law, the
1346	department may defer the scheduled July 1, 1993, toll rate
1347	increase on the Homestead Extension of the Florida Turnpike
1348	until July 1, 1995. The department may also advance funds to the
1349	Turnpike General Reserve Trust Fund to replace estimated lost
1350	revenues resulting from this deferral. The amount advanced must
1351	be repaid within 12 years from the date of advance; however, the
1352	repayment is subordinate to all other debt financing of the
1353	turnpike system outstanding at the time repayment is due.
1354	(2)(3)  The department shall publish a proposed change in
1355	the toll rate for the use of an existing toll facility, in the
1356	manner provided for in s. 120.54, which will provide for public
1357	notice and the opportunity for a public hearing before the
1358	adoption of the proposed rate change. When the department is
1359	evaluating a proposed turnpike toll project under s. 338.223 and
1360	has determined that there is a high probability that the project
1361	will pass the test of economic feasibility predicated on
1362	proposed toll rates, the toll rate that is proposed to be
1363	charged after the project is constructed must be adopted during
1364	the planning and project development phase of the project, in
1365	the manner provided for in s. 120.54, including public notice
1366	and the opportunity for a public hearing. For such a new
1367	project, the toll rate becomes effective upon the opening of the
1368	project to traffic.
1369	(3)(a)(4)  For the period July 1, 1998, through June 30,
1370	2017, the department shall, to the maximum extent feasible,
1371	program sufficient funds in the tentative work program such that
1372	the percentage of turnpike toll and bond financed commitments in
1373	Dade County, Broward County, and Palm Beach County as compared
1374	to total turnpike toll and bond financed commitments shall be at
1375	least 90 percent of the share of net toll collections
1376	attributable to users of the turnpike system in Dade County,
1377	Broward County, and Palm Beach County as compared to total net
1378	toll collections attributable to users of the turnpike system.
1379	The requirements of this subsection do not apply when the
1380	application of such requirements would violate any covenant
1381	established in a resolution or trust indenture relating to the
1382	issuance of turnpike bonds. The department at any time for
1383	economic considerations may establish lower temporary toll rates
1384	for a new or existing toll facility for a period not to exceed 1
1385	year, after which the toll rates promulgated under s. 120.54
1386	shall become effective.
1387	(b)  The department shall also fix, adjust, charge, and
1388	collect such amounts needed to cover the costs of administering
1389	the different toll collection and payment methods and types of
1390	accounts being offered and utilized, in the manner provided for
1391	in s. 120.54, which will provide for public notice and the
1392	opportunity for a public hearing before adoption. Such amounts
1393	may stand alone, or be incorporated in a toll rate structure, or
1394	be a combination thereof.
1395	(4)(5)  When bonds are outstanding which have been issued
1396	to finance or refinance any turnpike project, the tolls and all
1397	other revenues derived from the turnpike system and pledged to
1398	such bonds shall be set aside as may be provided in the
1399	resolution authorizing the issuance of such bonds or the trust
1400	agreement securing the same. The tolls or other revenues or
1401	other moneys so pledged and thereafter received by the
1402	department are immediately subject to the lien of such pledge
1403	without any physical delivery thereof or further act. The lien
1404	of any such pledge is valid and binding as against all parties
1405	having claims of any kind in tort or contract or otherwise
1406	against the department irrespective of whether such parties have
1407	notice thereof. Neither the resolution nor any trust agreement
1408	by which a pledge is created need be filed or recorded except in
1409	the records of the department.
1410	(5)(6)  In each fiscal year while any of the bonds of the
1411	Broward County Expressway Authority series 1984 and series 1986-
1412	A remain outstanding, the department is authorized to pledge
1413	revenues from the turnpike system to the payment of principal
1414	and interest of such series of bonds and the operation and
1415	maintenance expenses of the Sawgrass Expressway, to the extent
1416	gross toll revenues of the Sawgrass Expressway are insufficient
1417	to make such payments. The terms of an agreement relative to the
1418	pledge of turnpike system revenue will be negotiated with the
1419	parties of the 1984 and 1986 Broward County Expressway Authority
1420	lease-purchase agreements, and subject to the covenants of those
1421	agreements. The agreement shall establish that the Sawgrass
1422	Expressway shall be subject to the planning, management, and
1423	operating control of the department limited only by the terms of
1424	the lease-purchase agreements. The department shall provide for
1425	the payment of operation and maintenance expenses of the
1426	Sawgrass Expressway until such agreement is in effect. This
1427	pledge of turnpike system revenues shall be subordinate to the
1428	debt service requirements of any future issue of turnpike bonds,
1429	the payment of turnpike system operation and maintenance
1430	expenses, and subject to provisions of any subsequent resolution
1431	or trust indenture relating to the issuance of such turnpike
1432	bonds.
1433	(6)(7)  The use and disposition of revenues pledged to
1434	bonds are subject to the provisions of ss. 338.22-338.241 and
1435	such regulations as the resolution authorizing the issuance of
1436	such bonds or such trust agreement may provide.
1437	Section 30.  Subsection (4) of section 339.12, Florida
1438	Statutes, is amended to read:
1439	339.12  Aid and contributions by governmental entities for
1440	department projects; federal aid.--
1441	(4)(a)  Prior to accepting the contribution of road bond
1442	proceeds, time warrants, or cash for which reimbursement is
1443	sought, the department shall enter into agreements with the
1444	governing body of the governmental entity for the project or
1445	project phases in accordance with specifications agreed upon
1446	between the department and the governing body of the
1447	governmental entity. The department in no instance is to receive
1448	from such governmental entity an amount in excess of the actual
1449	cost of the project or project phase. By specific provision in
1450	the written agreement between the department and the governing
1451	body of the governmental entity, the department may agree to
1452	reimburse the governmental entity for the actual amount of the
1453	bond proceeds, time warrants, or cash used on a highway project
1454	or project phases that are not revenue producing and are
1455	contained in the department's adopted work program, or any
1456	public transportation project contained in the adopted work
1457	program. Subject to appropriation of funds by the Legislature,
1458	the department may commit state funds for reimbursement of such
1459	projects or project phases. Reimbursement to the governmental
1460	entity for such a project or project phase must be made from
1461	funds appropriated by the Legislature, and reimbursement for the
1462	cost of the project or project phase is to begin in the year the
1463	project or project phase is scheduled in the work program as of
1464	the date of the agreement. Funds advanced pursuant to this
1465	section, which were originally designated for transportation
1466	purposes and so reimbursed to a county or municipality, shall be
1467	used by the county or municipality for any transportation
1468	expenditure authorized under s. 336.025(7). Also, cities and
1469	counties may receive funds from persons, and reimburse those
1470	persons, for the purposes of this section. Such persons may
1471	include, but are not limited to, those persons defined in s.
1472	607.01401(19).
1473	(b)  Prior to entering an agreement to advance a project or
1474	project phase pursuant to this subsection and subsection (5),
1475	the department shall first update the estimated cost of the
1476	project or project phase and certify that the estimate is
1477	accurate and consistent with the amount estimated in the adopted
1478	work program. If the original estimate and the updated estimate
1479	vary, the department shall amend the adopted work program
1480	according to the amendatory procedures for the work program set
1481	forth in s. 339.135(7). The amendment shall reflect all
1482	corresponding increases and decreases to the affected projects
1483	within the adopted work program.
1484	(c)  The department may enter into agreements under this
1485	subsection for a project or project phase not included in the
1486	adopted work program. As used in this paragraph, the term
1487	"project phase" means acquisition of rights-of-way,
1488	construction, construction inspection, and related support
1489	phases. The project or project phase must be a high priority of
1490	the governmental entity. Reimbursement for a project or project
1491	phase must be made from funds appropriated by the Legislature
1492	pursuant to s. 339.135(5). All other provisions of this
1493	subsection apply to agreements entered into under this
1494	paragraph. The total amount of project agreements for projects
1495	or project phases not included in the adopted work program
1496	authorized by this paragraph may not at any time exceed $250
1497	$100 million. However, notwithstanding such $250 $100 million
1498	limit and any similar limit in s. 334.30, project advances for
1499	any inland county with a population greater than 500,000
1500	dedicating amounts equal to $500 million or more of its Local
1501	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1502	improvements to the State Highway System which are included in
1503	the local metropolitan planning organization's or the
1504	department's long-range transportation plans shall be excluded
1505	from the calculation of the statewide limit of project advances.
1506	(d)  The department may enter into agreements under this
1507	subsection with any county that has a population of 150,000 or
1508	less as determined by the most recent official estimate pursuant
1509	to s. 186.901 for a project or project phase not included in the
1510	adopted work program. As used in this paragraph, the term
1511	"project phase" means acquisition of rights-of-way,
1512	construction, construction inspection, and related support
1513	phases. The project or project phase must be a high priority of
1514	the governmental entity. Reimbursement for a project or project
1515	phase must be made from funds appropriated by the Legislature
1516	pursuant to s. 339.135(5). All other provisions of this
1517	subsection apply to agreements entered into under this
1518	paragraph. The total amount of project agreements for projects
1519	or project phases not included in the adopted work program
1520	authorized by this paragraph may not at any time exceed $200
1521	million. The project must be included in the local government's
1522	adopted comprehensive plan. The department is authorized to
1523	enter into long-term repayment agreements of up to 30 years.
1524	Section 31.  Paragraph (d) of subsection (7) of section
1525	339.135, Florida Statutes, is amended to read:
1526	339.135  Work program; legislative budget request;
1527	definitions; preparation, adoption, execution, and amendment.--
1528	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1529	(d)1.  Whenever the department proposes any amendment to
1530	the adopted work program, as defined in subparagraph (c)1. or
1531	subparagraph (c)3., which deletes or defers a construction phase
1532	on a capacity project, it shall notify each county affected by
1533	the amendment and each municipality within the county. The
1534	notification shall be issued in writing to the chief elected
1535	official of each affected county, each municipality within the
1536	county, and the chair of each affected metropolitan planning
1537	organization. Each affected county and each municipality in the
1538	county, is encouraged to coordinate with each other to determine
1539	how the amendment effects local concurrency management and
1540	regional transportation planning efforts. Each affected county,
1541	and each municipality within the county, shall have 14 days to
1542	provide written comments to the department regarding how the
1543	amendment will effect its respective concurrency management
1544	systems, including whether any development permits were issued
1545	contingent upon the capacity improvement, if applicable. After
1546	receipt of written comments from the affected local governments,
1547	the department shall include any written comments submitted by
1548	such local governments in its preparation of the proposed
1549	amendment.
1550	2.  Following the 14-day comment period in subparagraph 1.,
1551	if applicable, whenever the department proposes any amendment to
1552	the adopted work program, which amendment is defined in
1553	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1554	subparagraph (c)4., it shall submit the proposed amendment to
1555	the Governor for approval and shall immediately notify the
1556	chairs of the legislative appropriations committees, the chairs
1557	of the legislative transportation committees, and each member of
1558	the Legislature who represents a district affected by the
1559	proposed amendment. It shall also notify, each metropolitan
1560	planning organization affected by the proposed amendment, and
1561	each unit of local government affected by the proposed
1562	amendment, unless it provided to each the notification required
1563	by subparagraph 1. Such proposed amendment shall provide a
1564	complete justification of the need for the proposed amendment.
1565	3.2.  The Governor shall not approve a proposed amendment
1566	until 14 days following the notification required in
1567	subparagraph 2. 1.
1568	4.3.  If either of the chairs of the legislative
1569	appropriations committees or the President of the Senate or the
1570	Speaker of the House of Representatives objects in writing to a
1571	proposed amendment within 14 days following notification and
1572	specifies the reasons for such objection, the Governor shall
1573	disapprove the proposed amendment.
1574	Section 32.  Section 339.155, Florida Statutes, is amended
1575	to read:
1576	339.155  Transportation planning.--
1577	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1578	develop and annually update a statewide transportation plan, to
1579	be known as the Florida Transportation Plan. The plan shall be
1580	designed so as to be easily read and understood by the general
1581	public. The purpose of the Florida Transportation Plan is to
1582	establish and define the state's long-range transportation goals
1583	and objectives to be accomplished over a period of at least 20
1584	years within the context of the State Comprehensive Plan, and
1585	any other statutory mandates and authorizations and based upon
1586	the prevailing principles of: preserving the existing
1587	transportation infrastructure; enhancing Florida's economic
1588	competitiveness; and improving travel choices to ensure
1589	mobility. The Florida Transportation Plan shall consider the
1590	needs of the entire state transportation system and examine the
1591	use of all modes of transportation to effectively and
1592	efficiently meet such needs.
1593	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1594	out a transportation planning process in conformance with s.
1595	334.046(1). which provides for consideration of projects and
1596	strategies that will:
1597	(a)  Support the economic vitality of the United States,
1598	Florida, and the metropolitan areas, especially by enabling
1599	global competitiveness, productivity, and efficiency;
1600	(b)  Increase the safety and security of the transportation
1601	system for motorized and nonmotorized users;
1602	(c)  Increase the accessibility and mobility options
1603	available to people and for freight;
1604	(d)  Protect and enhance the environment, promote energy
1605	conservation, and improve quality of life;
1606	(e)  Enhance the integration and connectivity of the
1607	transportation system, across and between modes throughout
1608	Florida, for people and freight;
1609	(f)  Promote efficient system management and operation; and
1610	(g)  Emphasize the preservation of the existing
1611	transportation system.
1612	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1613	Transportation Plan shall be a unified, concise planning
1614	document that clearly defines the state's long-range
1615	transportation goals and objectives and documents the
1616	department's short-range objectives developed to further such
1617	goals and objectives. The plan shall:
1618	(a)  Include a glossary that clearly and succinctly defines
1619	any and all phrases, words, or terms of art included in the
1620	plan, with which the general public may be unfamiliar. and shall
1621	consist of, at a minimum, the following components:
1622	(b)(a)  Document A long-range component documenting the
1623	goals and long-term objectives necessary to implement the
1624	results of the department's findings from its examination of the
1625	prevailing principles and criteria provided under listed in
1626	subsection (2) and s. 334.046(1). The long-range component must
1627	(c)  Be developed in cooperation with the metropolitan
1628	planning organizations and reconciled, to the maximum extent
1629	feasible, with the long-range plans developed by metropolitan
1630	planning organizations pursuant to s. 339.175. The plan must
1631	also
1632	(d)  Be developed in consultation with affected local
1633	officials in nonmetropolitan areas and with any affected Indian
1634	tribal governments. The plan must
1635	(e)  Provide an examination of transportation issues likely
1636	to arise during at least a 20-year period. The long-range
1637	component shall
1638	(f)  Be updated at least once every 5 years, or more often
1639	as necessary, to reflect substantive changes to federal or state
1640	law.
1641	(b)  A short-range component documenting the short-term
1642	objectives and strategies necessary to implement the goals and
1643	long-term objectives contained in the long-range component. The
1644	short-range component must define the relationship between the
1645	long-range goals and the short-range objectives, specify those
1646	objectives against which the department's achievement of such
1647	goals will be measured, and identify transportation strategies
1648	necessary to efficiently achieve the goals and objectives in the
1649	plan. It must provide a policy framework within which the
1650	department's legislative budget request, the strategic
1651	information resource management plan, and the work program are
1652	developed. The short-range component shall serve as the
1653	department's annual agency strategic plan pursuant to s.
1654	186.021. The short-range component shall be developed consistent
1655	with available and forecasted state and federal funds. The
1656	short-range component shall also be submitted to the Florida
1657	Transportation Commission.
1658	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1659	develop an annual performance report evaluating the operation of
1660	the department for the preceding fiscal year. The report shall
1661	also include a summary of the financial operations of the
1662	department and shall annually evaluate how well the adopted work
1663	program meets the short-term objectives contained in the short-
1664	range component of the Florida Transportation Plan. This
1665	performance report shall be submitted to the Florida
1666	Transportation Commission and the legislative appropriations and
1667	transportation committees.
1668	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1669	(a)  Upon request by local governmental entities, the
1670	department may in its discretion develop and design
1671	transportation corridors, arterial and collector streets,
1672	vehicular parking areas, and other support facilities which are
1673	consistent with the plans of the department for major
1674	transportation facilities. The department may render to local
1675	governmental entities or their planning agencies such technical
1676	assistance and services as are necessary so that local plans and
1677	facilities are coordinated with the plans and facilities of the
1678	department.
1679	(b)  Each regional planning council, as provided for in s.
1680	186.504, or any successor agency thereto, shall develop, as an
1681	element of its strategic regional policy plan, transportation
1682	goals and policies. The transportation goals and policies must
1683	be prioritized to comply with the prevailing principles provided
1684	in subsection (2) and s. 334.046(1). The transportation goals
1685	and policies shall be consistent, to the maximum extent
1686	feasible, with the goals and policies of the metropolitan
1687	planning organization and the Florida Transportation Plan. The
1688	transportation goals and policies of the regional planning
1689	council will be advisory only and shall be submitted to the
1690	department and any affected metropolitan planning organization
1691	for their consideration and comments. Metropolitan planning
1692	organization plans and other local transportation plans shall be
1693	developed consistent, to the maximum extent feasible, with the
1694	regional transportation goals and policies. The regional
1695	planning council shall review urbanized area transportation
1696	plans and any other planning products stipulated in s. 339.175
1697	and provide the department and respective metropolitan planning
1698	organizations with written recommendations which the department
1699	and the metropolitan planning organizations shall take under
1700	advisement. Further, the regional planning councils shall
1701	directly assist local governments which are not part of a
1702	metropolitan area transportation planning process in the
1703	development of the transportation element of their comprehensive
1704	plans as required by s. 163.3177.
1705	(c)  Regional transportation plans may be developed in
1706	regional transportation areas in accordance with an interlocal
1707	agreement entered into pursuant to s. 163.01 by two or more
1708	contiguous metropolitan planning organizations; one or more
1709	metropolitan planning organizations and one or more contiguous
1710	counties, none of which is a member of a metropolitan planning
1711	organization; a multicounty regional transportation authority
1712	created by or pursuant to law; two or more contiguous counties
1713	that are not members of a metropolitan planning organization; or
1714	metropolitan planning organizations comprised of three or more
1715	counties.
1716	(d)  The interlocal agreement must, at a minimum, identify
1717	the entity that will coordinate the development of the regional
1718	transportation plan; delineate the boundaries of the regional
1719	transportation area; provide the duration of the agreement and
1720	specify how the agreement may be terminated, modified, or
1721	rescinded; describe the process by which the regional
1722	transportation plan will be developed; and provide how members
1723	of the entity will resolve disagreements regarding
1724	interpretation of the interlocal agreement or disputes relating
1725	to the development or content of the regional transportation
1726	plan. Such interlocal agreement shall become effective upon its
1727	recordation in the official public records of each county in the
1728	regional transportation area.
1729	(e)  The regional transportation plan developed pursuant to
1730	this section must, at a minimum, identify regionally significant
1731	transportation facilities located within a regional
1732	transportation area and contain a prioritized list of regionally
1733	significant projects. The level-of-service standards for
1734	facilities to be funded under this subsection shall be adopted
1735	by the appropriate local government in accordance with s.
1736	163.3180(10). The projects shall be adopted into the capital
1737	improvements schedule of the local government comprehensive plan
1738	pursuant to s. 163.3177(3).
1739	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1740	TRANSPORTATION PLANNING.--
1741	(a)  During the development of the long-range component of
1742	the Florida Transportation Plan and prior to substantive
1743	revisions, the department shall provide citizens, affected
1744	public agencies, representatives of transportation agency
1745	employees, other affected employee representatives, private
1746	providers of transportation, and other known interested parties
1747	with an opportunity to comment on the proposed plan or
1748	revisions. These opportunities shall include, at a minimum,
1749	publishing a notice in the Florida Administrative Weekly and
1750	within a newspaper of general circulation within the area of
1751	each department district office.
1752	(b)  During development of major transportation
1753	improvements, such as those increasing the capacity of a
1754	facility through the addition of new lanes or providing new
1755	access to a limited or controlled access facility or
1756	construction of a facility in a new location, the department
1757	shall hold one or more hearings prior to the selection of the
1758	facility to be provided; prior to the selection of the site or
1759	corridor of the proposed facility; and prior to the selection of
1760	and commitment to a specific design proposal for the proposed
1761	facility. Such public hearings shall be conducted so as to
1762	provide an opportunity for effective participation by interested
1763	persons in the process of transportation planning and site and
1764	route selection and in the specific location and design of
1765	transportation facilities. The various factors involved in the
1766	decision or decisions and any alternative proposals shall be
1767	clearly presented so that the persons attending the hearing may
1768	present their views relating to the decision or decisions which
1769	will be made.
1770	(c)  Opportunity for design hearings:
1771	1.  The department, prior to holding a design hearing,
1772	shall duly notify all affected property owners of record, as
1773	recorded in the property appraiser's office, by mail at least 20
1774	days prior to the date set for the hearing. The affected
1775	property owners shall be:
1776	a.  Those whose property lies in whole or in part within
1777	300 feet on either side of the centerline of the proposed
1778	facility.
1779	b.  Those whom the department determines will be
1780	substantially affected environmentally, economically, socially,
1781	or safetywise.
1782	2.  For each subsequent hearing, the department shall
1783	publish notice prior to the hearing date in a newspaper of
1784	general circulation for the area affected. These notices must be
1785	published twice, with the first notice appearing at least 15
1786	days, but no later than 30 days, before the hearing.
1787	3.  A copy of the notice of opportunity for the hearing
1788	must be furnished to the United States Department of
1789	Transportation and to the appropriate departments of the state
1790	government at the time of publication.
1791	4.  The opportunity for another hearing shall be afforded
1792	in any case when proposed locations or designs are so changed
1793	from those presented in the notices specified above or at a
1794	hearing as to have a substantially different social, economic,
1795	or environmental effect.
1796	5.  The opportunity for a hearing shall be afforded in each
1797	case in which the department is in doubt as to whether a hearing
1798	is required.
1799	Section 33.  Subsection (3) and paragraphs (b) and (c) of
1800	subsection (4) of section 339.2816, Florida Statutes, are
1801	amended to read:
1802	339.2816  Small County Road Assistance Program.--
1803	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1804	2009-2010, and beginning again with fiscal year 2012-2013, up to
1805	$25 million annually from the State Transportation Trust Fund
1806	may be used for the purposes of funding the Small County Road
1807	Assistance Program as described in this section.
1808	(4)
1809	(b)  In determining a county's eligibility for assistance
1810	under this program, the department may consider whether the
1811	county has attempted to keep county roads in satisfactory
1812	condition, including the amount of local option fuel tax and ad
1813	valorem millage rate imposed by the county. The department may
1814	also consider the extent to which the county has offered to
1815	provide a match of local funds with state funds provided under
1816	the program. At a minimum, small counties shall be eligible only
1817	if:
1818	1.  The county has enacted the maximum rate of the local
1819	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1820	an ad valorem millage rate of at least 8 mills; or
1821	2.  The county has imposed an ad valorem millage rate of 10
1822	mills.
1823	(c)  The following criteria shall be used to prioritize
1824	road projects for funding under the program:
1825	1.  The primary criterion is the physical condition of the
1826	road as measured by the department.
1827	2.  As secondary criteria the department may consider:
1828	a.  Whether a road is used as an evacuation route.
1829	b.  Whether a road has high levels of agricultural travel.
1830	c.  Whether a road is considered a major arterial route.
1831	d.  Whether a road is considered a feeder road.
1832	e.  Whether a road is located in a fiscally constrained
1833	county, as defined in s. 218.67(1).
1834	f.e.  Other criteria related to the impact of a project on
1835	the public road system or on the state or local economy as
1836	determined by the department.
1837	Section 34.  Subsections (1) and (3) of section 339.2819,
1838	Florida Statutes, are amended to read:
1839	339.2819  Transportation Regional Incentive Program.--
1840	(1)  There is created within the Department of
1841	Transportation a Transportation Regional Incentive Program for
1842	the purpose of providing funds to improve regionally significant
1843	transportation facilities in regional transportation areas
1844	created pursuant to s. 339.155(4)(5).
1845	(3)  The department shall allocate funding available for
1846	the Transportation Regional Incentive Program to the districts
1847	based on a factor derived from equal parts of population and
1848	motor fuel collections for eligible counties in regional
1849	transportation areas created pursuant to s. 339.155(4)(5).
1850	Section 35.  Subsection (6) of section 339.285, Florida
1851	Statutes, is amended to read:
1852	339.285  Enhanced Bridge Program for Sustainable
1853	Transportation.--
1854	(6)  Preference shall be given to bridge projects located
1855	on corridors that connect to the Strategic Intermodal System,
1856	created under s. 339.64, and that have been identified as
1857	regionally significant in accordance with s. 339.155(4)(5)(c),
1858	(d), and (e).
1859	Section 36.  Part III of chapter 343, Florida Statutes,
1860	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1861	343.76, and 343.77, is repealed.
1862	Section 37.  Subsection (4) of section 348.0003, Florida
1863	Statutes, is amended to read:
1864	348.0003  Expressway authority; formation; membership.--
1865	(4)(a)  An authority may employ an executive secretary, an
1866	executive director, its own counsel and legal staff, technical
1867	experts, and such engineers and employees, permanent or
1868	temporary, as it may require and shall determine the
1869	qualifications and fix the compensation of such persons, firms,
1870	or corporations. An authority may employ a fiscal agent or
1871	agents; however, the authority must solicit sealed proposals
1872	from at least three persons, firms, or corporations for the
1873	performance of any services as fiscal agents. An authority may
1874	delegate to one or more of its agents or employees such of its
1875	power as it deems necessary to carry out the purposes of the
1876	Florida Expressway Authority Act, subject always to the
1877	supervision and control of the authority. Members of an
1878	authority may be removed from office by the Governor for
1879	misconduct, malfeasance, misfeasance, or nonfeasance in office.
1880	(b)  Members of an authority are entitled to receive from
1881	the authority their travel and other necessary expenses incurred
1882	in connection with the business of the authority as provided in
1883	s. 112.061, but they may not draw salaries or other
1884	compensation.
1885	(c)  Members of each expressway an authority,
1886	transportation authority, bridge authority, or toll authority,
1887	created pursuant to this chapter, chapter 343, or chapter 349,
1888	or pursuant to any other legislative enactment, shall be
1889	required to comply with the applicable financial disclosure
1890	requirements of s. 8, Art. II of the State Constitution. This
1891	subsection does not subject a statutorily created expressway
1892	authority, transportation authority, bridge authority, or toll
1893	authority, other than one created under this part, to any of the
1894	requirements of this part other than those contained in this
1895	subsection.
1896	Section 38.  Paragraph (c) is added to subsection (1) of
1897	section 348.0004, Florida Statutes, to read:
1898	348.0004  Purposes and powers.--
1899	(1)
1900	(c)  Notwithstanding any other provision of law, expressway
1901	authorities created under parts I-X of chapter 348 may index
1902	toll rates on toll facilities to the annual Consumer Price Index
1903	or similar inflation indicators. Once a toll rate index has been
1904	implemented pursuant to this paragraph, the toll rate index
1905	shall remain in place and may not be revoked. Toll rate index
1906	for inflation under this subsection must be adopted and approved
1907	by the expressway authority board at a public meeting and may be
1908	made no more frequently than once a year and must be made no
1909	less frequently than once every 5 years as necessary to
1910	accommodate cash toll rate schedules. Toll rates may be
1911	increased beyond these limits as directed by bond documents,
1912	covenants, or governing body authorization or pursuant to
1913	department administrative rule.
1914	Section 39.  Subsection (1) of section 479.01, Florida
1915	Statutes, is amended to read:
1916	479.01  Definitions.--As used in this chapter, the term:
1917	(1)  "Automatic changeable facing" means a facing that
1918	which through a mechanical system is capable of delivering two
1919	or more advertising messages through an automated or remotely
1920	controlled process and shall not rotate so rapidly as to cause
1921	distraction to a motorist.
1922	Section 40.  Subsections (1), (5), and (9) of section
1923	479.07, Florida Statutes, are amended to read:
1924	479.07  Sign permits.--
1925	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1926	person may not erect, operate, use, or maintain, or cause to be
1927	erected, operated, used, or maintained, any sign on the State
1928	Highway System outside an urban incorporated area, as defined in
1929	s. 334.03(32), or on any portion of the interstate or federal-
1930	aid primary highway system without first obtaining a permit for
1931	the sign from the department and paying the annual fee as
1932	provided in this section. For purposes of this section, "on any
1933	portion of the State Highway System, interstate, or federal-aid
1934	primary system" shall mean a sign located within the controlled
1935	area which is visible from any portion of the main-traveled way
1936	of such system.
1937	(5)(a)  For each permit issued, the department shall
1938	furnish to the applicant a serially numbered permanent metal
1939	permit tag. The permittee is responsible for maintaining a valid
1940	permit tag on each permitted sign facing at all times. The tag
1941	shall be securely attached to the sign facing or, if there is no
1942	facing, on the pole nearest the highway; and it shall be
1943	attached in such a manner as to be plainly visible from the
1944	main-traveled way. Effective July 1, 2011, the tag shall be
1945	securely attached to the upper 50 percent of the pole nearest
1946	the highway and shall be attached in such a manner as to be
1947	plainly visible from the main-traveled way. The permit will
1948	become void unless the permit tag is properly and permanently
1949	displayed at the permitted site within 30 days after the date of
1950	permit issuance. If the permittee fails to erect a completed
1951	sign on the permitted site within 270 days after the date on
1952	which the permit was issued, the permit will be void, and the
1953	department may not issue a new permit to that permittee for the
1954	same location for 270 days after the date on which the permit
1955	became void.
1956	(b)  If a permit tag is lost, stolen, or destroyed, the
1957	permittee to whom the tag was issued may must apply to the
1958	department for a replacement tag. The department shall establish
1959	by rule a service fee for replacement tags in an amount that
1960	will recover the actual cost of providing the replacement tag.
1961	Upon receipt of the application accompanied by the a service fee
1962	of $3, the department shall issue a replacement permit tag.
1963	Alternatively, the permittee may provide its own replacement tag
1964	pursuant to department specifications which the department shall
1965	establish by rule at the time it establishes the service fee for
1966	replacement tags.
1967	(9)(a)  A permit shall not be granted for any sign for
1968	which a permit had not been granted by the effective date of
1969	this act unless such sign is located at least:
1970	1.  One thousand five hundred feet from any other permitted
1971	sign on the same side of the highway, if on an interstate
1972	highway.
1973	2.  One thousand feet from any other permitted sign on the
1974	same side of the highway, if on a federal-aid primary highway.
1975
1976	The minimum spacing provided in this paragraph does not preclude
1977	the permitting of V-type, back-to-back, side-to-side, stacked,
1978	or double-faced signs at the permitted sign site. If a sign is
1979	visible from the controlled area of more than one highway
1980	subject to the jurisdiction of the department, the sign shall
1981	meet the permitting requirements of, and, if the sign meets the
1982	applicable permitting requirements, be permitted to, the highway
1983	with the more stringent permitting requirements.
1984	(b)  A permit shall not be granted for a sign pursuant to
1985	this chapter to locate such sign on any portion of the
1986	interstate or federal-aid primary highway system, which sign:
1987	1.  Exceeds 50 feet in sign structure height above the
1988	crown of the main-traveled way, if outside an incorporated area;
1989	2.  Exceeds 65 feet in sign structure height above the
1990	crown of the main-traveled way, if inside an incorporated area;
1991	or
1992	3.  Exceeds 950 square feet of sign facing including all
1993	embellishments.
1994	(c)  Notwithstanding subparagraph (a)1., there is
1995	established a pilot program in Orange, Hillsborough, and Osceola
1996	Counties, and within the boundaries of the City of Miami, under
1997	which the distance between permitted signs on the same side of
1998	an interstate highway may be reduced to 1,000 feet if all other
1999	requirements of this chapter are met and if:
2000	1.  The local government has adopted a plan, program,
2001	resolution, ordinance, or other policy encouraging the voluntary
2002	removal of signs in a downtown, historic, redevelopment, infill,
2003	or other designated area which also provides for a new or
2004	replacement sign to be erected on an interstate highway within
2005	that jurisdiction if a sign in the designated area is removed;
2006	2.  The sign owner and the local government mutually agree
2007	to the terms of the removal and replacement; and
2008	3.  The local government notifies the department of its
2009	intention to allow such removal and replacement as agreed upon
2010	pursuant to subparagraph 2.
2011
2012	The department shall maintain statistics tracking the use of the
2013	provisions of this pilot program based on the notifications
2014	received by the department from local governments under this
2015	paragraph.
2016	Section 41.  Section 479.08, Florida Statutes, is amended
2017	to read:
2018	479.08  Denial or revocation of permit.--The department has
2019	the authority to deny or revoke any permit requested or granted
2020	under this chapter in any case in which it determines that the
2021	application for the permit contains knowingly false or knowingly
2022	misleading information. The department has the authority to
2023	revoke any permit granted under this chapter in any case in
2024	which or that the permittee has violated any of the provisions
2025	of this chapter, unless such permittee, within 30 days after the
2026	receipt of notice by the department, corrects such false or
2027	misleading information and complies with the provisions of this
2028	chapter. For the purpose of this section, the notice of
2029	violation issued by the department shall describe in detail the
2030	alleged violation. Any person aggrieved by any action of the
2031	department in denying or revoking a permit under this chapter
2032	may, within 30 days after receipt of the notice, apply to the
2033	department for an administrative hearing pursuant to chapter
2034	120. If a timely request for hearing has been filed and the
2035	department issues a final order revoking a permit, such
2036	revocation shall be effective 30 days after the date of
2037	rendition. Except for department action pursuant to s.
2038	479.107(1), the filing of a timely and proper notice of appeal
2039	shall operate to stay the revocation until the department's
2040	action is upheld.
2041	Section 42.  Section 479.156, Florida Statutes, is amended
2042	to read:
2043	479.156  Wall murals.--Notwithstanding any other provision
2044	of this chapter, a municipality or county may permit and
2045	regulate wall murals within areas designated by such government.
2046	If a municipality or county permits wall murals, a wall mural
2047	that displays a commercial message and is within 660 feet of the
2048	nearest edge of the right-of-way within an area adjacent to the
2049	interstate highway system or the federal-aid primary highway
2050	system shall be located in an area that is zoned for industrial
2051	or commercial use and the municipality or county shall establish
2052	and enforce regulations for such areas that, at a minimum, set
2053	forth criteria governing the size, lighting, and spacing of wall
2054	murals consistent with the intent of the Highway Beautification
2055	Act of 1965 and with customary use. Whenever a municipality or
2056	county exercises such control and makes a determination of
2057	customary use, pursuant to 23 U.S.C. s. 131(d), such
2058	determination shall be accepted in lieu of controls in the
2059	agreement between the state and the United States Department of
2060	Transportation, and the Department of Transportation shall
2061	notify the Federal Highway Administration pursuant to the
2062	agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
2063	wall mural that is subject to municipal or county regulation and
2064	the Highway Beautification Act of 1965 must be approved by the
2065	Department of Transportation and the Federal Highway
2066	Administration where required by federal law and federal
2067	regulation pursuant to and may not violate the agreement between
2068	the state and the United States Department of Transportation and
2069	or violate federal regulations enforced by the Department of
2070	Transportation under s. 479.02(1). The existence of a wall mural
2071	as defined in s. 479.01(27) shall not be considered in
2072	determining whether a sign as defined in s. 479.01(17), either
2073	existing or new, is in compliance with s. 479.07(9)(a).
2074	Section 43.  Subsections (1), (3), (4), and (5) of section
2075	479.261, Florida Statutes, are amended to read:
2076	479.261  Logo sign program.--
2077	(1)  The department shall establish a logo sign program for
2078	the rights-of-way of the interstate highway system to provide
2079	information to motorists about available gas, food, lodging, and
2080	camping, attractions, and other services, as approved by the
2081	Federal Highway Administration, at interchanges, through the use
2082	of business logos, and may include additional interchanges under
2083	the program. A logo sign for nearby attractions may be added to
2084	this program if allowed by federal rules.
2085	(a)  An attraction as used in this chapter is defined as an
2086	establishment, site, facility, or landmark that which is open a
2087	minimum of 5 days a week for 52 weeks a year; that which charges
2088	an admission for entry; which has as its principal focus family-
2089	oriented entertainment, cultural, educational, recreational,
2090	scientific, or historical activities; and that which is publicly
2091	recognized as a bona fide tourist attraction. However, the
2092	permits for businesses seeking to participate in the attractions
2093	logo sign program shall be awarded by the department annually to
2094	the highest bidders, notwithstanding the limitation on fees in
2095	subsection (5), which are qualified for available space at each
2096	qualified location, but the fees therefor may not be less than
2097	the fees established for logo participants in other logo
2098	categories.
2099	(b)  The department shall incorporate the use of RV-
2100	friendly markers on specific information logo signs for
2101	establishments that cater to the needs of persons driving
2102	recreational vehicles. Establishments that qualify for
2103	participation in the specific information logo program and that
2104	also qualify as "RV-friendly" may request the RV-friendly marker
2105	on their specific information logo sign. An RV-friendly marker
2106	must consist of a design approved by the Federal Highway
2107	Administration. The department shall adopt rules in accordance
2108	with chapter 120 to administer this paragraph, including rules
2109	setting forth the minimum requirements that establishments must
2110	meet in order to qualify as RV-friendly. These requirements
2111	shall include large parking spaces, entrances, and exits that
2112	can easily accommodate recreational vehicles and facilities
2113	having appropriate overhead clearances, if applicable.
2114	(c)  The department may implement a 3-year rotation-based
2115	logo program providing for the removal and addition of
2116	participating businesses in the program.
2117	(3)  Logo signs may be installed upon the issuance of an
2118	annual permit by the department or its agent and payment of a an
2119	application and permit fee to the department or its agent.
2120	(4)  The department may contract pursuant to s. 287.057 for
2121	the provision of services related to the logo sign program,
2122	including recruitment and qualification of businesses, review of
2123	applications, permit issuance, and fabrication, installation,
2124	and maintenance of logo signs. The department may reject all
2125	proposals and seek another request for proposals or otherwise
2126	perform the work. If the department contracts for the provision
2127	of services for the logo sign program, the contract must
2128	require, unless the business owner declines, that businesses
2129	that previously entered into agreements with the department to
2130	privately fund logo sign construction and installation be
2131	reimbursed by the contractor for the cost of the signs which has
2132	not been recovered through a previously agreed upon waiver of
2133	fees. The contract also may allow the contractor to retain a
2134	portion of the annual fees as compensation for its services.
2135	(5)  Permit fees for businesses that participate in the
2136	program must be established in an amount sufficient to offset
2137	the total cost to the department for the program, including
2138	contract costs. The department shall provide the services in the
2139	most efficient and cost-effective manner through department
2140	staff or by contracting for some or all of the services. The
2141	department shall adopt rules that set reasonable rates based
2142	upon factors such as population, traffic volume, market demand,
2143	and costs for annual permit fees. However, annual permit fees
2144	for sign locations inside an urban area, as defined in s.
2145	334.03(32), may not exceed $5,000 and annual permit fees for
2146	sign locations outside an urban area, as defined in s.
2147	334.03(32), may not exceed $2,500. After recovering program
2148	costs, the proceeds from the logo program shall be deposited
2149	into the State Transportation Trust Fund and used for
2150	transportation purposes. Such annual permit fee shall not exceed
2151	$1,250.
2152	Section 44.  Business partnerships; display of names.--
2153	(1)  School districts are encouraged to partner with local
2154	businesses for the purposes of mentorship opportunities,
2155	development of employment options and additional funding
2156	sources, and other mutual benefits.
2157	(2)  As a pilot program through June 30, 2011, the Palm
2158	Beach County School District may publicly display the names and
2159	recognitions of their business partners on school district
2160	property in unincorporated areas. Examples of appropriate
2161	business partner recognition include "Project Graduation" and
2162	athletic sponsorships. The district shall make every effort to
2163	display business partner names in a manner that is consistent
2164	with the county standards for uniformity in size, color, and
2165	placement of the signs. Whenever the provisions of this section
2166	are inconsistent with the provisions of the county ordinances or
2167	regulations relating to signs or the provisions of chapter 125,
2168	chapter 166, or chapter 479, Florida Statutes, in the
2169	unincorporated areas, the provisions of this section shall
2170	prevail.
2171	Section 45.  Notwithstanding any provision of chapter 74-
2172	400, Laws of Florida, public funds may be used for the
2173	alteration of Old Cutler Road, between Southwest 136th Street
2174	and Southwest 184th Street, in the Village of Palmetto Bay.
2175	(1)  The alteration may include the installation of
2176	sidewalks, curbing, and landscaping to enhance pedestrian access
2177	to the road.
2178	(2)  The official approval of the project by the Department
2179	of State must be obtained before any alteration is started.
2180	Section 46.  Subsection (1) of section 120.52, Florida
2181	Statutes, is amended to read:
2182	120.52  Definitions.--As used in this act:
2183	(1)  "Agency" means:
2184	(a)  The Governor in the exercise of all executive powers
2185	other than those derived from the constitution.
2186	(b)  Each:
2187	1.  State officer and state department, and each
2188	departmental unit described in s. 20.04.
2189	2.  Authority, including a regional water supply authority.
2190	3.  Board, including the Board of Governors of the State
2191	University System and a state university board of trustees when
2192	acting pursuant to statutory authority derived from the
2193	Legislature.
2194	4.  Commission, including the Commission on Ethics and the
2195	Fish and Wildlife Conservation Commission when acting pursuant
2196	to statutory authority derived from the Legislature.
2197	5.  Regional planning agency.
2198	6.  Multicounty special district with a majority of its
2199	governing board comprised of nonelected persons.
2200	7.  Educational units.
2201	8.  Entity described in chapters 163, 373, 380, and 582 and
2202	s. 186.504.
2203	(c)  Each other unit of government in the state, including
2204	counties and municipalities, to the extent they are expressly
2205	made subject to this act by general or special law or existing
2206	judicial decisions.
2207
2208	This definition does not include any legal entity or agency
2209	created in whole or in part pursuant to chapter 361, part II,
2210	any metropolitan planning organization created pursuant to s.
2211	339.175, any separate legal or administrative entity created
2212	pursuant to s. 339.175 of which a metropolitan planning
2213	organization is a member, an expressway authority pursuant to
2214	chapter 348 or any transportation authority under chapter 343 or
2215	chapter 349, any legal or administrative entity created by an
2216	interlocal agreement pursuant to s. 163.01(7), unless any party
2217	to such agreement is otherwise an agency as defined in this
2218	subsection, or any multicounty special district with a majority
2219	of its governing board comprised of elected persons; however,
2220	this definition shall include a regional water supply authority.
2221	Section 47.  The Legislature directs the Department of
2222	Transportation to establish an approved transportation
2223	methodology which recognizes that a planned, sustainable
2224	development of regional impact will likely achieve an internal
2225	capture rate greater than 30 percent when fully developed. The
2226	transportation methodology must use a regional transportation
2227	model that incorporates professionally accepted modeling
2228	techniques applicable to well-planned, sustainable communities
2229	of the size, location, mix of uses, and design features
2230	consistent with such communities. The adopted transportation
2231	methodology shall serve as the basis for sustainable development
2232	traffic impact assessments by the department. The methodology
2233	review must be completed and in use by March 1, 2009.
2234	Section 48.  Except as otherwise expressly provided in this
2235	act, this act shall take effect upon becoming a law.
2236
2237
2238	-----------------------------------------------------
2239	T I T L E  A M E N D M E N T
2240	Remove line 5 and insert:
2241	corridor; amending s. 20.23, F.S.; providing for the salary and
2242	benefits of the executive director of the Florida Transportation
2243	Commission to be set in accordance with the Senior Management
2244	Service; amending s. 125.42, F.S.; providing for counties to
2245	incur certain costs related to relocation or removal of certain
2246	utility facilities under specified circumstances; amending s.
2247	163.3177, F.S.; revising requirements for comprehensive plans;
2248	providing a timeframe for submission of certain information to
2249	the state land planning agency; providing for airports, land
2250	adjacent to airports, and certain interlocal agreements relating
2251	thereto in certain elements of the plan; amending s. 163.3178,
2252	F.S.; providing that certain port-related facilities are not
2253	developments of regional impact under certain circumstances;
2254	amending s. 163.3182, F.S., relating to transportation
2255	concurrency backlog authorities; providing legislative findings
2256	and declarations; expanding the power of authorities to borrow
2257	money to include issuing certain debt obligations; providing a
2258	maximum maturity date for certain debt incurred to finance or
2259	refinance certain transportation concurrency backlog projects;
2260	authorizing authorities to continue operations and administer
2261	certain trust funds for the period of the remaining outstanding
2262	debt; requiring local transportation concurrency backlog trust
2263	funds to continue to be funded for certain purposes; providing
2264	for increased ad valorem tax increment funding for such trust
2265	funds under certain circumstances; revising provisions for
2266	dissolution of an authority; amending s. 287.055, F.S.;
2267	conforming a cross-reference; amending s. 316.0741, F.S.;
2268	redefining the term "hybrid vehicle"; authorizing the driving of
2269	a hybrid, low-emission, or energy-efficient vehicle in a high-
2270	occupancy-vehicle lane regardless of occupancy; requiring
2271	certain vehicles to comply with specified federal standards to
2272	be driven in an HOV lane regardless of occupancy; revising
2273	provisions for issuance of a decal and certificate; providing
2274	for the Department of Highway Safety and Motor Vehicles to limit
2275	or discontinue issuance of decals for the use of HOV facilities
2276	by hybrid and low-emission and energy-efficient vehicles under
2277	certain circumstances; directing the department to review a
2278	specified federal rule and make a report to the Legislature;
2279	exempting certain vehicles from the payment of certain tolls;
2280	amending s. 316.193, F.S.; revising the prohibition against
2281	driving under the influence of alcohol; revising the blood-
2282	alcohol or breath-alcohol level at which certain penalties
2283	apply; revising requirement for placement of an ignition
2284	interlock device; amending s. 316.302, F.S.; revising references
2285	to rules, regulations, and criteria governing commercial motor
2286	vehicles engaged in intrastate commerce; providing that the
2287	department performs duties assigned to the Field Administrator
2288	of the Federal Motor Carrier Safety Administration under the
2289	federal rules and may enforce those rules; amending ss. 316.613
2290	and 316.614, F.S.; revising the definition of "motor vehicle"
2291	for purposes of child restraint and safety belt usage
2292	requirements; amending s. 316.656, F.S.; revising the
2293	prohibition against a judge accepting a plea to a lesser offense
2294	from a person charged under certain DUI provisions; revising the
2295	blood-alcohol or breath-alcohol level at which the prohibition
2296	applies; amending s. 322.64, F.S.; providing that refusal to
2297	submit to a breath, urine, or blood test disqualifies a person
2298	from operating a commercial motor vehicle; providing a period of
2299	disqualification if a person has an unlawful blood-alcohol or
2300	breath-alcohol level; providing for issuance of a notice of
2301	disqualification; revising the requirements for a formal review
2302	hearing following a person's disqualification from operating a
2303	commercial motor vehicle; providing that a county, municipality,
2304	or special district may not own or operate an asphalt plant or a
2305	portable or stationary concrete batch plant having an
2306	independent mixer; provides exemptions; amending s. 337.0261,
2307	F.S.; revising the sunset date for the Strategic Aggregate
2308	Review Task Force; amending s. 337.11, F.S.; providing for the
2309	department to pay a portion of certain proposal development
2310	costs; requiring the department to advertise certain contracts
2311	as design-build contracts; amending ss. 337.14 and 337.16, F.S.;
2312	conforming cross-references; amending s. 337.18, F.S.; requiring
2313	the contractor to maintain a copy of the required payment and
2314	performance bond at certain locations and provide a copy upon
2315	request; providing that a copy may be obtained directly from the
2316	department; removing a provision requiring a copy be recorded in
2317	the public records of the county; amending s. 337.185, F.S.;
2318	providing for the State Arbitration Board to arbitrate certain
2319	claims relating to maintenance contracts; providing for a member
2320	of the board to be elected by maintenance companies as well as
2321	construction companies; amending s. 337.403, F.S.; providing for
2322	the department or local governmental entity to pay certain costs
2323	of removal or relocation of a utility facility that is found to
2324	be interfering with the use, maintenance, improvement,
2325	extension, or expansion of a public road or publicly owned rail
2326	corridor under described circumstances; amending s. 337.408,
2327	F.S.; providing for public pay telephones and advertising
2328	thereon to be installed within the right-of-way limits of any
2329	municipal, county, or state road; amending s. 338.01, F.S.;
2330	requiring new and replacement electronic toll collection systems
2331	to be interoperable with the department's system; amending s.
2332	338.165, F.S.; providing that provisions requiring the
2333	continuation of tolls following the discharge of bond
2334	indebtedness does not apply to high-occupancy toll lanes or
2335	express lanes; creating s. 338.166, F.S.; authorizing the
2336	department to request that bonds be issued which are secured by
2337	toll revenues from high-occupancy toll or express lanes in a
2338	specified location; providing for the department to continue to
2339	collect tolls after discharge of indebtedness; authorizing the
2340	use of excess toll revenues for improvements to the State
2341	Highway System; authorizing the implementation of variable rate
2342	tolls on high-occupancy toll lanes or express lanes; amending s.
2343	338.2216, F.S.; directing the Florida Turnpike Enterprise to
2344	implement new technologies and processes in its operations and
2345	collection of tolls and other amounts; providing contract bid
2346	requirements for fuel and food on the turnpike system; amending
2347	s. 338.223, F.S.; conforming a cross-reference; amending s.
2348	338.231, F.S.; revising provisions for establishing and
2349	collecting tolls; authorizing collection of amounts to cover
2350	costs of toll collection and payment methods; requiring public
2351	notice and hearing; amending s. 339.12, F.S.; revising
2352	requirements for aid and contributions by governmental entities
2353	for transportation projects; revising limits under which the
2354	department may enter into an agreement with a county for a
2355	project or project phase not in the adopted work program;
2356	authorizing the department to enter into certain long-term
2357	repayment agreements; amending s. 339.135, F.S.; revising
2358	certain notice provisions that require the Department of
2359	Transportation to notify local governments regarding amendments
2360	to an adopted 5-year work program; amending s. 339.155, F.S.;
2361	revising provisions for development of the Florida
2362	Transportation Plan; amending s. 339.2816, F.S., relating to the
2363	small county road assistance program; providing for resumption
2364	of certain funding for the program; revising the criteria for
2365	counties eligible to participate in the program; amending ss.
2366	339.2819 and 339.285, F.S.; conforming cross-references;
2367	repealing part III of ch. 343 F.S.; abolishing the Tampa Bay
2368	Commuter Transit Authority; amending s. 348.0003, F.S.;
2369	providing for financial disclosure for expressway,
2370	transportation, bridge, and toll authorities; amending s.
2371	348.0004, F.S.; providing for certain expressway authorities to
2372	index toll rate increases; amending s. 479.01, F.S.; revising
2373	provisions for outdoor advertising; revising the definition of
2374	the term "automatic changeable facing"; amending s. 479.07,
2375	F.S.; revising a prohibition against signs on the State Highway
2376	System; revising requirements for display of the sign permit
2377	tag; directing the department to establish by rule a fee for
2378	furnishing a replacement permit tag; revising the pilot project
2379	for permitted signs to include Hillsborough County and areas
2380	within the boundaries of the City of Miami; amending s. 479.08,
2381	F.S.; revising provisions for denial or revocation of a sign
2382	permit; amending s. 479.156, F.S.; modifying local government
2383	control of the regulation of wall murals adjacent to certain
2384	federal highways; amending s. 479.261, F.S.; revising
2385	requirements for the logo sign program of the interstate highway
2386	system; deleting provisions providing for permits to be awarded
2387	to the highest bidders; requiring the department to implement a
2388	rotation-based logo program; requiring the department to adopt
2389	rules that set reasonable rates based on certain factors for
2390	annual permit fees; requiring that such fees not exceed a
2391	certain amount for sign locations inside and outside an urban
2392	area; creating a business partnership pilot program; authorizing
2393	the Palm Beach County School District to display names of
2394	business partners on district property in unincorporated areas;
2395	exempting the program from specified provisions; authorizing the
2396	expenditure of public funds for certain alterations of Old
2397	Cutler Road in the Village of Palmetto Bay; requiring the
2398	official approval of the Department of State before any
2399	alterations may begin; amending s. 120.52, F.S.; revising a
2400	definition; directing the Department of Transportation to
2401	establish an approved transportation methodology for certain
2402	purpose; providing requirements; providing effective dates.
2403

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