Florida Senate - 2012             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 1998, 1st Eng.
       
       
       
       
       
       
                                Barcode 478778                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             03/09/2012 09:26 PM       .                                
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       The Conference Committee on SB 1998, 1st Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 288.063, Florida Statutes, is repealed.
    7         Section 2. Paragraph (a) of subsection (7) of section
    8  288.0656, Florida Statutes, is amended to read:
    9         288.0656 Rural Economic Development Initiative.—
   10         (7)(a) REDI may recommend to the Governor up to three rural
   11  areas of critical economic concern. The Governor may by
   12  executive order designate up to three rural areas of critical
   13  economic concern which will establish these areas as priority
   14  assignments for REDI as well as to allow the Governor, acting
   15  through REDI, to waive criteria, requirements, or similar
   16  provisions of any economic development incentive. Such
   17  incentives shall include, but not be limited to: the Qualified
   18  Target Industry Tax Refund Program under s. 288.106, the Quick
   19  Response Training Program under s. 288.047, the Quick Response
   20  Training Program for participants in the welfare transition
   21  program under s. 288.047(8), transportation projects under s.
   22  339.2821 288.063, the brownfield redevelopment bonus refund
   23  under s. 288.107, and the rural job tax credit program under ss.
   24  212.098 and 220.1895.
   25         Section 3. Chapter 311, Florida Statutes, is retitled
   26  “SEAPORT PROGRAMS AND FACILITIES.”
   27         Section 4. Section 311.07, Florida Statutes, is amended to
   28  read:
   29         311.07 Florida seaport transportation and economic
   30  development funding.—
   31         (1) There is created the Florida Seaport Transportation and
   32  Economic Development Program within the Department of
   33  Transportation to finance port transportation or port facilities
   34  projects that will improve the movement and intermodal
   35  transportation of cargo or passengers in commerce and trade and
   36  that will support the interests, purposes, and requirements of
   37  the ports listed in s. 311.09 located in this state.
   38         (2) A minimum of $15 $8 million per year shall be made
   39  available from the State Transportation Trust Fund to fund the
   40  Florida Seaport Transportation and Economic Development Program.
   41  The Florida Seaport Transportation and Economic Development
   42  Council created in s. 311.09 shall develop guidelines for
   43  project funding. Council staff, the Department of
   44  Transportation, and the Department of Economic Opportunity shall
   45  work in cooperation to review projects and allocate funds in
   46  accordance with the schedule required for the Department of
   47  Transportation to include these projects in the tentative work
   48  program developed pursuant to s. 339.135(4).
   49         (3)(a) Florida Seaport Transportation and Economic
   50  Development Program funds shall be used to fund approved
   51  projects on a 50-50 matching basis with any of the deepwater
   52  ports, as listed in s. 311.09 s. 403.021(9)(b), which is
   53  governed by a public body or any other deepwater port which is
   54  governed by a public body and which complies with the water
   55  quality provisions of s. 403.061, the comprehensive master plan
   56  requirements of s. 163.3178(2)(k), and the local financial
   57  management and reporting provisions of part III of chapter 218.
   58  However, program funds used to fund projects that involve the
   59  rehabilitation of wharves, docks, berths, bulkheads, or similar
   60  structures shall require a 25-percent match of funds. Program
   61  funds also may be used by the Seaport Transportation and
   62  Economic Development Council for data and analysis that to
   63  develop trade data information products which will assist
   64  Florida’s seaports and international trade.
   65         (b) Projects eligible for funding by grants under the
   66  program are limited to the following port facilities or port
   67  transportation projects:
   68         1. Transportation facilities within the jurisdiction of the
   69  port.
   70         2. The dredging or deepening of channels, turning basins,
   71  or harbors.
   72         3. The construction or rehabilitation of wharves, docks,
   73  structures, jetties, piers, storage facilities, cruise
   74  terminals, automated people mover systems, or any facilities
   75  necessary or useful in connection with any of the foregoing.
   76         4. The acquisition of vessel tracking systems, container
   77  cranes, or other mechanized equipment used in the movement of
   78  cargo or passengers in international commerce.
   79         5. The acquisition of land to be used for port purposes.
   80         6. The acquisition, improvement, enlargement, or extension
   81  of existing port facilities.
   82         7. Environmental protection projects which are necessary
   83  because of requirements imposed by a state agency as a condition
   84  of a permit or other form of state approval; which are necessary
   85  for environmental mitigation required as a condition of a state,
   86  federal, or local environmental permit; which are necessary for
   87  the acquisition of spoil disposal sites and improvements to
   88  existing and future spoil sites; or which result from the
   89  funding of eligible projects listed in this paragraph.
   90         8. Transportation facilities as defined in s. 334.03(31)
   91  which are not otherwise part of the Department of
   92  Transportation’s adopted work program.
   93         9. Seaport Intermodal access projects identified in the 5
   94  year Florida Seaport Mission Plan as provided in s. 311.09(3).
   95         10. Construction or rehabilitation of port facilities as
   96  defined in s. 315.02, excluding any park or recreational
   97  facilities, in ports listed in s. 311.09(1) with operating
   98  revenues of $5 million or less, provided that such projects
   99  create economic development opportunities, capital improvements,
  100  and positive financial returns to such ports.
  101         11. Seaport master plan or strategic plan development or
  102  updates, including the purchase of data to support such plans.
  103         (c) To be eligible for consideration by the council
  104  pursuant to this section, a project must be consistent with the
  105  port comprehensive master plan which is incorporated as part of
  106  the approved local government comprehensive plan as required by
  107  s. 163.3178(2)(k) or other provisions of the Community Planning
  108  Act, part II of chapter 163.
  109         (4) A port eligible for matching funds under the program
  110  may receive a distribution of not more than $7 million during
  111  any 1 calendar year and a distribution of not more than $30
  112  million during any 5-calendar-year period.
  113         (4)(5) Any port which receives funding under the program
  114  shall institute procedures to ensure that jobs created as a
  115  result of the state funding shall be subject to equal
  116  opportunity hiring practices in the manner provided in s.
  117  110.112.
  118         (5)(6) The Department of Transportation may shall subject
  119  any project that receives funds pursuant to this section and s.
  120  320.20 to a final audit. The department may adopt rules and
  121  perform such other acts as are necessary or convenient to ensure
  122  that the final audits are conducted and that any deficiency or
  123  questioned costs noted by the audit are resolved.
  124         Section 5. Subsections (4) through (13) of section 311.09,
  125  Florida Statutes, are amended to read:
  126         311.09 Florida Seaport Transportation and Economic
  127  Development Council.—
  128         (4) The council shall adopt rules for evaluating projects
  129  which may be funded under ss. 311.07 and 320.20. The rules shall
  130  provide criteria for evaluating the potential project,
  131  including, but not limited to, such factors as consistency with
  132  appropriate plans, economic benefit, readiness for construction,
  133  noncompetition with other Florida ports, and capacity within the
  134  seaport system economic benefit of the project, measured by the
  135  potential for the proposed project to maintain or increase cargo
  136  flow, cruise passenger movement, international commerce, port
  137  revenues, and the number of jobs for the port’s local community.
  138         (5) The council shall review and approve or disapprove each
  139  project eligible to be funded pursuant to the Florida Seaport
  140  Transportation and Economic Development Program. The council
  141  shall annually submit to the Secretary of Transportation and the
  142  executive director of the Department of Economic Opportunity, or
  143  his or her designee, a list of projects which have been approved
  144  by the council. The list shall specify the recommended funding
  145  level for each project; and, if staged implementation of the
  146  project is appropriate, the funding requirements for each stage
  147  shall be specified.
  148         (6) The Department of Community Affairs shall review the
  149  list of projects approved by the council to determine
  150  consistency with approved local government comprehensive plans
  151  of the units of local government in which the port is located
  152  and consistency with the port master plan. The Department of
  153  Community Affairs shall identify and notify the council of those
  154  projects which are not consistent, to the maximum extent
  155  feasible, with such comprehensive plans and port master plans.
  156         (6)(7) The Department of Transportation shall review the
  157  list of project applications projects approved by the council
  158  for consistency with the Florida Transportation Plan, the
  159  Statewide Seaport and Waterways System Plan, and the
  160  department’s adopted work program. In evaluating the consistency
  161  of a project, the department shall assess the transportation
  162  impacts and economic benefits for each project determine whether
  163  the transportation impact of the proposed project is adequately
  164  handled by existing state-owned transportation facilities or by
  165  the construction of additional state-owned transportation
  166  facilities as identified in the Florida Transportation Plan and
  167  the department’s adopted work program. In reviewing for
  168  consistency a transportation facility project as defined in s.
  169  334.03(31) which is not otherwise part of the department’s work
  170  program, the department shall evaluate whether the project is
  171  needed to provide for projected movement of cargo or passengers
  172  from the port to a state transportation facility or local road.
  173  If the project is needed to provide for projected movement of
  174  cargo or passengers, the project shall be approved for
  175  consistency as a consideration to facilitate the economic
  176  development and growth of the state in a timely manner. The
  177  Department of Transportation shall identify those projects that
  178  which are inconsistent with the Florida Transportation Plan, the
  179  Statewide Seaport and Waterways System Plan, or and the adopted
  180  work program and shall notify the council of projects found to
  181  be inconsistent.
  182         (7)(8) The Department of Economic Opportunity shall review
  183  the list of project applications projects approved by the
  184  council to evaluate the economic benefit of the project and to
  185  determine whether the project is consistent with the Florida
  186  Seaport Mission Plan and with state economic development goals
  187  and policies. The Department of Economic Opportunity shall
  188  review the proposed project’s consistency with state, regional,
  189  and local plans, as appropriate, and the economic benefits of
  190  each project based upon the rules adopted pursuant to subsection
  191  (4). The Department of Economic Opportunity shall identify those
  192  projects that which it has determined do not offer an economic
  193  benefit to the state, are not consistent with an appropriate
  194  plan, or are not consistent with the Florida Seaport Mission
  195  Plan or state economic development goals and policies and shall
  196  notify the council of its findings.
  197         (8)(9) The council shall review the findings of the
  198  Department of Economic Opportunity and the Department of
  199  Transportation. Projects found to be inconsistent pursuant to
  200  subsections (6), or (7), and (8) or and projects that which have
  201  been determined not to offer an economic benefit to the state
  202  pursuant to subsection (7) (8) may shall not be included in the
  203  list of projects to be funded.
  204         (9)(10) The Department of Transportation shall include no
  205  less than $15 million per year in its annual legislative budget
  206  request for the a Florida Seaport Transportation and Economic
  207  Development grant Program funded under s. 311.07 for expenditure
  208  of funds of not less than $8 million per year. Such budget shall
  209  include funding for projects approved by the council which have
  210  been determined by each agency to be consistent and which have
  211  been determined by the Department of Economic Opportunity to be
  212  economically beneficial. The department shall include the
  213  specific approved Florida Seaport Transportation and Economic
  214  Development Program seaport projects to be funded under s.
  215  311.07 this section during the ensuing fiscal year in the
  216  tentative work program developed pursuant to s. 339.135(4). The
  217  total amount of funding to be allocated to Florida Seaport
  218  Transportation and Economic Development Program seaport projects
  219  under s. 311.07 during the successive 4 fiscal years shall also
  220  be included in the tentative work program developed pursuant to
  221  s. 339.135(4). The council may submit to the department a list
  222  of approved projects that could be made production-ready within
  223  the next 2 years. The list shall be submitted by the department
  224  as part of the needs and project list prepared pursuant to s.
  225  339.135(2)(b). However, the department shall, upon written
  226  request of the Florida Seaport Transportation and Economic
  227  Development Council, submit work program amendments pursuant to
  228  s. 339.135(7) to the Governor within 10 days after the later of
  229  the date the request is received by the department or the
  230  effective date of the amendment, termination, or closure of the
  231  applicable funding agreement between the department and the
  232  affected seaport, as required to release the funds from the
  233  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  234  program amendment to transfer prior year funds from one approved
  235  seaport project to another seaport project is subject to the
  236  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  237  law to the contrary, the department may transfer unexpended
  238  budget between the seaport projects as identified in the
  239  approved work program amendments.
  240         (10)(11) The council shall meet at the call of its
  241  chairperson, at the request of a majority of its membership, or
  242  at such times as may be prescribed in its bylaws. However, the
  243  council must meet at least semiannually. A majority of voting
  244  members of the council constitutes a quorum for the purpose of
  245  transacting the business of the council. All members of the
  246  council are voting members. A vote of the majority of the voting
  247  members present is sufficient for any action of the council,
  248  except that a member representing the Department of
  249  Transportation or the Department of Economic Opportunity may
  250  vote to overrule any action of the council approving a project
  251  pursuant to subsection (5). The bylaws of the council may
  252  require a greater vote for a particular action.
  253         (11)(12) Members of the council shall serve without
  254  compensation but are entitled to receive reimbursement for per
  255  diem and travel expenses as provided in s. 112.061. The council
  256  may elect to provide an administrative staff to provide services
  257  to the council on matters relating to the Florida Seaport
  258  Transportation and Economic Development Program and the council.
  259  The cost for such administrative services shall be paid by all
  260  ports that receive funding from the Florida Seaport
  261  Transportation and Economic Development Program, based upon a
  262  pro rata formula measured by each recipient’s share of the funds
  263  as compared to the total funds disbursed to all recipients
  264  during the year. The share of costs for administrative services
  265  shall be paid in its total amount by the recipient port upon
  266  execution by the port and the Department of Transportation of a
  267  joint participation agreement for each council-approved project,
  268  and such payment is in addition to the matching funds required
  269  to be paid by the recipient port. Except as otherwise exempted
  270  by law, all moneys derived from the Florida Seaport
  271  Transportation and Economic Development Program shall be
  272  expended in accordance with the provisions of s. 287.057.
  273  Seaports subject to competitive negotiation requirements of a
  274  local governing body shall abide by the provisions of s.
  275  287.055.
  276         (12)(13) Until July 1, 2014, Citrus County may apply for a
  277  grant through the Florida Seaport Transportation and Economic
  278  Development Council to perform a feasibility study regarding the
  279  establishment of a port in Citrus County. The council shall
  280  evaluate such application pursuant to subsections (5)-(8) (5)
  281  (9) and, if approved, the Department of Transportation shall
  282  include the feasibility study in its budget request pursuant to
  283  subsection (9) (10). If the study determines that a port in
  284  Citrus County is not feasible, the membership of Port Citrus on
  285  the council shall terminate.
  286         Section 6. Section 311.10, Florida Statutes, is created to
  287  read:
  288         311.10 Strategic Port Investment Initiative.—
  289         (1) There is created the Strategic Port Investment
  290  Initiative within the Department of Transportation. Beginning in
  291  fiscal year 2012-2013, a minimum of $35 million annually shall
  292  be made available from the State Transportation Trust Fund to
  293  fund the Strategic Port Investment Initiative. The Department of
  294  Transportation shall work with the deepwater ports listed in s.
  295  311.09 to develop and maintain a priority list of strategic
  296  investment projects. Project selection shall be based on
  297  projects that meet the state’s economic development goal of
  298  becoming a hub for trade, logistics, and export-oriented
  299  activities by:
  300         (a) Providing important access and major on-port capacity
  301  improvements;
  302         (b) Providing capital improvements to strategically
  303  position the state to maximize opportunities in international
  304  trade, logistics, or the cruise industry;
  305         (c) Achieving state goals of an integrated intermodal
  306  transportation system; and
  307         (d) Demonstrating the feasibility and availability of
  308  matching funds through local or private partners.
  309         (2) Before making final project allocations, the Department
  310  of Transportation shall schedule a publicly noticed workshop
  311  with the Department of Economic Opportunity and the deepwater
  312  ports listed in s. 311.09 to review the proposed projects. After
  313  considering the comments received, the Department of
  314  Transportation shall finalize a prioritized list of potential
  315  projects.
  316         (3) The Department of Transportation shall, to the maximum
  317  extent feasible, include the seaport projects proposed to be
  318  funded under this section in the tentative work program
  319  developed under s. 339.135(4).
  320         Section 7. Section 311.101, Florida Statutes, is created to
  321  read:
  322         311.101 Intermodal Logistics Center Infrastructure Support
  323  Program.—
  324         (1) There is created within the Department of
  325  Transportation the Intermodal Logistics Center Infrastructure
  326  Support Program. The purpose of the program is to provide funds
  327  for roads, rail facilities, or other means for the conveyance or
  328  shipment of goods through a seaport, thereby enabling the state
  329  to respond to private sector market demands and meet the state’s
  330  economic development goal of becoming a hub for trade,
  331  logistics, and export-oriented activities. The department may
  332  provide funds to assist with local government projects or
  333  projects performed by private entities which meet the public
  334  purpose of enhancing transportation facilities for the
  335  conveyance or shipment of goods through a seaport to or from an
  336  intermodal logistics center.
  337         (2) As used in this section, the term “intermodal logistics
  338  center” means a facility or group of facilities, including, but
  339  not limited to, an inland port, serving as a point of intermodal
  340  transfer of freight in a specific area physically separated from
  341  a seaport where activities relating to transport, logistics,
  342  goods distribution, consolidation, or value-added activities are
  343  carried out and whose activities and services are designed to
  344  support or be supported by conveyance or shipping through one or
  345  more seaports listed in s. 311.09.
  346         (3) The department must consider, but is not limited to,
  347  the following criteria when evaluating a project for Intermodal
  348  Logistics Center Infrastructure Support Program assistance:
  349         (a) The ability of the project to serve a strategic state
  350  interest.
  351         (b) The ability of the project to facilitate the cost
  352  effective and efficient movement of goods.
  353         (c) The extent to which the project contributes to economic
  354  activity, including job creation, increased wages, and revenues.
  355         (d) The extent to which the project efficiently interacts
  356  with and supports the transportation network.
  357         (e) A commitment of a funding match.
  358         (f) The amount of investment or commitments made by the
  359  owner or developer of the existing or proposed facility.
  360         (g) The extent to which the owner has commitments,
  361  including memorandums of understanding or memorandums of
  362  agreements, with private sector businesses planning to locate
  363  operations at the intermodal logistics center.
  364         (h) Demonstrated local financial support and commitment to
  365  the project.
  366         (4) The department shall coordinate and consult with the
  367  Department of Economic Opportunity in the selection of projects
  368  to be funded by this program.
  369         (5) The department may administer contracts on behalf of
  370  the entity selected to receive funding for a project under this
  371  section.
  372         (6) The department shall provide up to 50 percent of
  373  project costs for eligible projects.
  374         (7) Beginning in fiscal year 2012-2013, up to $5 million
  375  per year shall be made available from the State Transportation
  376  Trust Fund for the program. The Department of Transportation
  377  shall include projects proposed to be funded under this section
  378  in the tentative work program developed pursuant so s.
  379  339.135(4).
  380         (8) The Department of Transportation may adopt rules to
  381  administer this section.
  382         Section 8. Subsection (2) of section 311.22, Florida
  383  Statutes, is amended to read:
  384         311.22 Additional authorization for funding certain
  385  dredging projects.—
  386         (2) The council shall adopt rules for evaluating the
  387  projects that may be funded pursuant to this section. The rules
  388  must provide criteria for evaluating the economic benefit of the
  389  project. The rules must include the creation of an
  390  administrative review process by the council which is similar to
  391  the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
  392  provide for a review by the Department of Transportation and the
  393  Department of Economic Opportunity of all projects submitted for
  394  funding under this section.
  395         Section 9. Paragraph (b) of subsection (1) and paragraph
  396  (c) of subsection (2) of section 316.302, Florida Statutes, are
  397  amended to read:
  398         316.302 Commercial motor vehicles; safety regulations;
  399  transporters and shippers of hazardous materials; enforcement.—
  400         (1)
  401         (b) Except as otherwise provided in this section, all
  402  owners or drivers of commercial motor vehicles that are engaged
  403  in intrastate commerce are subject to the rules and regulations
  404  contained in 49 C.F.R. parts 382, 385, and 390-397, with the
  405  exception of 49 C.F.R. s. 390.5 as it relates to the definition
  406  of bus, as such rules and regulations existed on October 1, 2011
  407  2009.
  408         (2)
  409         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  410  operates a commercial motor vehicle solely in intrastate
  411  commerce not transporting any hazardous material in amounts that
  412  require placarding pursuant to 49 C.F.R. part 172 may not drive
  413  after having been on duty more than 70 hours in any period of 7
  414  consecutive days or more than 80 hours in any period of 8
  415  consecutive days if the motor carrier operates every day of the
  416  week. Thirty-four consecutive hours off duty shall constitute
  417  the end of any such period of 7 or 8 consecutive days. This
  418  weekly limit does not apply to a person who operates a
  419  commercial motor vehicle solely within this state while
  420  transporting, during harvest periods, any unprocessed
  421  agricultural products or unprocessed food or fiber that is
  422  subject to seasonal harvesting from place of harvest to the
  423  first place of processing or storage or from place of harvest
  424  directly to market or while transporting livestock, livestock
  425  feed, or farm supplies directly related to growing or harvesting
  426  agricultural products. Upon request of the Department of Highway
  427  Safety and Motor Vehicles Department of Transportation, motor
  428  carriers shall furnish time records or other written
  429  verification to that department so that the Department of
  430  Highway Safety and Motor Vehicles Department of Transportation
  431  can determine compliance with this subsection. These time
  432  records must be furnished to the Department of Highway Safety
  433  and Motor Vehicles Department of Transportation within 2 days
  434  after receipt of that department’s request. Falsification of
  435  such information is subject to a civil penalty not to exceed
  436  $100. The provisions of this paragraph do not apply to operators
  437  of farm labor vehicles operated during a state of emergency
  438  declared by the Governor or operated pursuant to s. 570.07(21),
  439  and do not apply to drivers of utility service vehicles as
  440  defined in 49 C.F.R. s. 395.2.
  441         Section 10. Subsections (9) and (10) of section 318.14,
  442  Florida Statutes, are amended to read:
  443         318.14 Noncriminal traffic infractions; exception;
  444  procedures.—
  445         (9) Any person who does not hold a commercial driver
  446  driver’s license and who is cited while driving a noncommercial
  447  motor vehicle for an infraction under this section other than a
  448  violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
  449  driver exceeds the posted limit by 30 miles per hour or more, s.
  450  320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
  451  322.61, or s. 322.62 may, in lieu of a court appearance, elect
  452  to attend in the location of his or her choice within this state
  453  a basic driver improvement course approved by the Department of
  454  Highway Safety and Motor Vehicles. In such a case, adjudication
  455  must be withheld and points, as provided by s. 322.27, may not
  456  be assessed. However, a person may not make an election under
  457  this subsection if the person has made an election under this
  458  subsection in the preceding 12 months. A person may not make no
  459  more than five elections within his or her lifetime under this
  460  subsection. The requirement for community service under s.
  461  318.18(8) is not waived by a plea of nolo contendere or by the
  462  withholding of adjudication of guilt by a court. If a person
  463  makes an election to attend a basic driver improvement course
  464  under this subsection, 18 percent of the civil penalty imposed
  465  under s. 318.18(3) shall be deposited in the State Courts
  466  Revenue Trust Fund; however, that portion is not revenue for
  467  purposes of s. 28.36 and may not be used in establishing the
  468  budget of the clerk of the court under that section or s. 28.35.
  469         (10)(a) Any person who does not hold a commercial driver
  470  driver’s license and who is cited while driving a noncommercial
  471  motor vehicle for an offense listed under this subsection may,
  472  in lieu of payment of fine or court appearance, elect to enter a
  473  plea of nolo contendere and provide proof of compliance to the
  474  clerk of the court, designated official, or authorized operator
  475  of a traffic violations bureau. In such case, adjudication shall
  476  be withheld; however, a person may not make an no election shall
  477  be made under this subsection if the such person has made an
  478  election under this subsection in the preceding 12 months
  479  preceding election hereunder. A No person may not make more than
  480  three elections under this subsection. This subsection applies
  481  to the following offenses:
  482         1. Operating a motor vehicle without a valid driver
  483  driver’s license in violation of the provisions of s. 322.03, s.
  484  322.065, or s. 322.15(1), or operating a motor vehicle with a
  485  license that has been suspended for failure to appear, failure
  486  to pay civil penalty, or failure to attend a driver improvement
  487  course pursuant to s. 322.291.
  488         2. Operating a motor vehicle without a valid registration
  489  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  490         3. Operating a motor vehicle in violation of s. 316.646.
  491         4. Operating a motor vehicle with a license that has been
  492  suspended under s. 61.13016 or s. 322.245 for failure to pay
  493  child support or for failure to pay any other financial
  494  obligation as provided in s. 322.245; however, this subparagraph
  495  does not apply if the license has been suspended pursuant to s.
  496  322.245(1).
  497         5. Operating a motor vehicle with a license that has been
  498  suspended under s. 322.091 for failure to meet school attendance
  499  requirements.
  500         (b) Any person cited for an offense listed in this
  501  subsection shall present proof of compliance before prior to the
  502  scheduled court appearance date. For the purposes of this
  503  subsection, proof of compliance shall consist of a valid,
  504  renewed, or reinstated driver driver’s license or registration
  505  certificate and proper proof of maintenance of security as
  506  required by s. 316.646. Notwithstanding waiver of fine, any
  507  person establishing proof of compliance shall be assessed court
  508  costs of $25, except that a person charged with violation of s.
  509  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  510  such costs shall be remitted to the Department of Revenue for
  511  deposit into the Child Welfare Training Trust Fund of the
  512  Department of Children and Family Services. One dollar of such
  513  costs shall be distributed to the Department of Juvenile Justice
  514  for deposit into the Juvenile Justice Training Trust Fund.
  515  Fourteen dollars of such costs shall be distributed to the
  516  municipality and $9 shall be deposited by the clerk of the court
  517  into the fine and forfeiture fund established pursuant to s.
  518  142.01, if the offense was committed within the municipality. If
  519  the offense was committed in an unincorporated area of a county
  520  or if the citation was for a violation of s. 316.646(1)-(3), the
  521  entire amount shall be deposited by the clerk of the court into
  522  the fine and forfeiture fund established pursuant to s. 142.01,
  523  except for the moneys to be deposited into the Child Welfare
  524  Training Trust Fund and the Juvenile Justice Training Trust
  525  Fund. This subsection does shall not be construed to authorize
  526  the operation of a vehicle without a valid driver driver’s
  527  license, without a valid vehicle tag and registration, or
  528  without the maintenance of required security.
  529         Section 11. Section 319.32, Florida Statutes, is amended to
  530  read:
  531         319.32 Fees; service charges; disposition.—
  532         (1) The department shall charge a fee of $70 for each
  533  original certificate of title, except for a certificate of title
  534  for a motor vehicle for hire registered under s. 320.08(6) for
  535  which the title fee shall be $49; $70 for each duplicate copy of
  536  a certificate of title, except for a certificate of title for a
  537  motor vehicle for hire registered under s. 320.08(6) for which
  538  the title fee shall be $49; $2 for each salvage certificate of
  539  title; and $3 for each assignment by a lienholder. The
  540  department shall also charge a fee of $2 for noting a lien on a
  541  title certificate, which fee includes the services for the
  542  subsequent issuance of a corrected certificate or cancellation
  543  of lien when that lien is satisfied. If an application for a
  544  certificate of title is for a vehicle that is required by s.
  545  319.14(1)(b) to have a physical examination, the department
  546  shall charge an additional fee of $40 for the initial
  547  examination and $20 for each subsequent examination. The initial
  548  examination fee shall be deposited into the General Revenue
  549  Fund, and each subsequent examination fee shall be deposited
  550  into the Highway Safety Operating Trust Fund. The physical
  551  examination of the vehicle includes, but is not limited to,
  552  verification of the vehicle identification number and
  553  verification of the bill of sale or title for major components.
  554  In addition to all other fees charged, a sum of $1 shall be paid
  555  for the issuance of an original or duplicate certificate of
  556  title to cover the cost of materials used for security purposes.
  557  A service fee of $2.50, to be deposited into the Highway Safety
  558  Operating Trust Fund, shall be charged for shipping and handling
  559  for each paper title mailed by the department.
  560         (2)(a) There shall be a service charge of $4.25 for each
  561  application that which is handled in connection with the
  562  issuance, duplication, or transfer of any certificate of title.
  563  There shall be a service charge of $1.25 for each application
  564  that which is handled in connection with the recordation or
  565  notation of a lien on a motor vehicle or mobile home which is
  566  not in connection with the purchase of such vehicle.
  567         (b) The service charges specified in paragraph (a) shall be
  568  collected by the department on any application handled directly
  569  from its office. Otherwise, these service charges shall be
  570  collected and retained by the tax collector who handles the
  571  application.
  572         (3) The department shall charge a fee of $10 in addition to
  573  that charged in subsection (1) for each original certificate of
  574  title issued for a vehicle previously registered outside this
  575  state.
  576         (4) The department shall charge a fee of $7 for each lien
  577  placed on a motor vehicle by the state child support enforcement
  578  program pursuant to s. 319.24.
  579         (5)(a)Forty-seven dollars of each fee collected, except
  580  for fees charged on a certificate of title for a motor vehicle
  581  for hire registered under s. 320.08(6), for each applicable
  582  original certificate of title and each applicable duplicate copy
  583  of a certificate of title, after deducting the service charges
  584  imposed by s. 215.20, shall be deposited into the State
  585  Transportation Trust Fund. Deposits to the State Transportation
  586  Trust Fund pursuant to this paragraph may not exceed $200
  587  million in any fiscal year and any collections in excess of that
  588  amount during the fiscal year shall be paid into the General
  589  Revenue Fund.
  590         (b) All fees collected pursuant to subsection (3) shall be
  591  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  592  each fee, except for fees charged on a certificate of title for
  593  a motor vehicle for hire registered under s. 320.08(6), for each
  594  applicable original certificate of title and each applicable
  595  duplicate copy of a certificate of title, after deducting the
  596  service charges imposed by s. 215.20, shall be deposited into
  597  the State Transportation Trust Fund. All other fees collected by
  598  the department under this chapter shall be paid into the General
  599  Revenue Fund.
  600         (6) Notwithstanding chapter 116, each every county officer
  601  within this state authorized to collect funds provided for in
  602  this chapter shall pay all sums officially received by the
  603  officer into the State Treasury no later than 5 working days
  604  after the close of the business day in which the officer
  605  received the funds. Payment by county officers to the state
  606  shall be made by means of electronic funds transfer.
  607         Section 12. Funds that result from increased revenues to
  608  the State Transportation Trust Fund derived from the amendments
  609  to s. 319.32(5)(a), Florida Statutes, made by this act must be
  610  used as follows, notwithstanding any other provision of law:
  611         (1)(a)In the 2012-2013 fiscal year, $200 million, or
  612  actual receipts up to $200 million, shall be transferred to the
  613  General Revenue Fund.
  614         (b) The Department of Transportation shall transfer the
  615  actual receipts monthly to the General Revenue Fund. These
  616  transfers shall be made in the month following the deposit of
  617  those receipts into the State Transportation Trust Fund.
  618         (2) Beginning in 2013-2014 fiscal year and annually for up
  619  to 30 years thereafter, $10 million shall be for the purpose of
  620  funding any seaport project identified in the adopted work
  621  program of the Department of Transportation, to be known as the
  622  Seaport Investment Program. The revenues may be assigned,
  623  pledged, or set aside as a trust for the payment of principal or
  624  interest on bonds, tax anticipation certificates, or other forms
  625  of indebtedness issued by an individual port or appropriate
  626  local government having jurisdiction thereof, or collectively by
  627  interlocal agreement among any of the ports, or used to purchase
  628  credit support to permit such borrowings. However, the debt is
  629  not a general obligation of the state. The state covenants with
  630  holders of the revenue bonds or other instruments of
  631  indebtedness issued pursuant to this subsection that it will not
  632  repeal or impair or amend this subsection in any manner that
  633  will materially or adversely affect the rights of holders so
  634  long as bonds authorized by this subsection are outstanding. The
  635  proceeds of any bonds or other indebtedness secured by a pledge
  636  of the funding, after payment of costs of issuance and
  637  establishment of any required reserves, shall be invested in
  638  projects approved by the Department of Transportation and
  639  included in the department’s adopted work program, by amendment
  640  if necessary. Any revenues that are not pledged to the repayment
  641  of bonds as authorized by this section may be used for purposes
  642  authorized under the Florida Seaport Transportation and Economic
  643  Development Program. This revenue source is in addition to any
  644  amounts provided for and appropriated in accordance with ss.
  645  311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds
  646  shall be issued by the Division of Bond Finance at the request
  647  of the Department of Transportation pursuant to the State Bond
  648  Act.
  649         (3) Beginning in the 2013-2014 fiscal year and annually for
  650  up to 30 years thereafter, $35 million shall be transferred to
  651  Florida’s Turnpike Enterprise, to be used in accordance with
  652  Florida Turnpike Enterprise Law, to the maximum extent feasible
  653  for feeder roads, structures, interchanges, appurtenances, and
  654  other rights to create or facilitate access to the existing
  655  turnpike system.
  656         (4) Beginning in the 2013-2014 fiscal year and annually
  657  thereafter, $10 million shall be transferred to the
  658  Transportation Disadvantaged Trust Fund, to be used as specified
  659  in s. 427.0159, Florida Statutes.
  660         (5) Beginning in the 2013-2014 fiscal year and annually
  661  thereafter, $10 million shall be allocated to the Small County
  662  Outreach Program, to be used as specified in s. 339.2818,
  663  Florida Statutes. These funds are in addition to the funds
  664  provided in s. 201.15(1)(c)1.b., Florida Statutes.
  665         (6) After the distributions required pursuant to
  666  subsections (1)-(5), the remaining funds shall be used annually
  667  for transportation projects within this state for existing or
  668  planned strategic transportation projects which connect major
  669  markets within this state or between this state and other
  670  states, which focus on job creation, and which increase this
  671  state’s viability in the national and global markets.
  672         (7) Pursuant to s. 339.135(7), Florida Statutes, the
  673  department shall amend the work program to add the projects
  674  provided for in this section.
  675         Section 13. Subsections (3) and (4) of section 320.20,
  676  Florida Statutes, are amended to read:
  677         320.20 Disposition of license tax moneys.—The revenue
  678  derived from the registration of motor vehicles, including any
  679  delinquent fees and excluding those revenues collected and
  680  distributed under the provisions of s. 320.081, must be
  681  distributed monthly, as collected, as follows:
  682         (3) Notwithstanding any other provision of law except
  683  subsections (1) and (2), on July 1, 1996, and annually
  684  thereafter, $15 million shall be deposited annually into in the
  685  State Transportation Trust Fund solely for the purposes of
  686  funding the Florida Seaport Transportation and Economic
  687  Development Program as provided for in chapter 311. Such
  688  revenues shall be distributed on a 50-50 matching basis to any
  689  port listed in s. 311.09(1) to be used for funding projects as
  690  described in s. 311.07(3)(b). Such revenues may be assigned,
  691  pledged, or set aside as a trust for the payment of principal or
  692  interest on bonds, tax anticipation certificates, or any other
  693  form of indebtedness issued by an individual port or appropriate
  694  local government having jurisdiction thereof, or collectively by
  695  interlocal agreement among any of the ports, or used to purchase
  696  credit support to permit such borrowings. However, such debt is
  697  shall not constitute a general obligation of the state of
  698  Florida. The state covenants does hereby covenant with holders
  699  of such revenue bonds or other instruments of indebtedness
  700  issued hereunder that it will not repeal or impair or amend in
  701  any manner that which will materially and adversely affect the
  702  rights of such holders so long as bonds authorized by this
  703  section are outstanding. Any revenues that which are not pledged
  704  to the repayment of bonds as authorized by this section may be
  705  used utilized for purposes authorized under the Florida Seaport
  706  Transportation and Economic Development Program. This revenue
  707  source is in addition to any amounts provided for and
  708  appropriated in accordance with s. 311.07. The Florida Seaport
  709  Transportation and Economic Development Council shall approve
  710  the distribution of funds to ports for projects that which have
  711  been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
  712  council and the Department of Transportation may are authorized
  713  to perform such acts as are required to facilitate and implement
  714  the provisions of this subsection. To better enable the ports to
  715  cooperate to their mutual advantage, the governing body of each
  716  port may exercise powers provided to municipalities or counties
  717  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
  718  special acts, if any, pertaining to a port. The use of funds
  719  provided pursuant to this subsection are limited to eligible
  720  projects listed in this subsection. Income derived from a
  721  project completed with the use of program funds, beyond
  722  operating costs and debt service, is shall be restricted solely
  723  to further port capital improvements consistent with maritime
  724  purposes and for no other purpose. Use of such income for
  725  nonmaritime purposes is prohibited. The provisions of s.
  726  311.07(4) do not apply to any funds received pursuant to this
  727  subsection. The revenues available under this subsection may
  728  shall not be pledged to the payment of any bonds other than the
  729  Florida Ports Financing Commission Series 1996 and Series 1999
  730  Bonds currently outstanding; provided, however, such revenues
  731  may be pledged to secure payment of refunding bonds to refinance
  732  the Florida Ports Financing Commission Series 1996 and Series
  733  1999 Bonds. No Refunding bonds secured by revenues available
  734  under this subsection may not be issued with a final maturity
  735  later than the final maturity of the Florida Ports Financing
  736  Commission Series 1996 and Series 1999 Bonds or which provide
  737  for higher debt service in any year than is currently payable on
  738  such bonds. Any revenue bonds or other indebtedness issued after
  739  July 1, 2000, other than refunding bonds shall be issued by the
  740  Division of Bond Finance at the request of the Department of
  741  Transportation pursuant to the State Bond Act.
  742         (4) Notwithstanding any other provision of law except
  743  subsections (1), (2), and (3), on July 1, 1999, and annually
  744  thereafter, $10 million shall be deposited annually into in the
  745  State Transportation Trust Fund solely for the purposes of
  746  funding the Florida Seaport Transportation and Economic
  747  Development Program as provided in chapter 311 and for funding
  748  seaport intermodal access projects of statewide significance as
  749  provided in s. 341.053. Such revenues shall be distributed to
  750  any port listed in s. 311.09(1), to be used for funding projects
  751  as follows:
  752         (a) For any seaport intermodal access projects that are
  753  identified in the 1997-1998 Tentative Work Program of the
  754  Department of Transportation, up to the amounts needed to offset
  755  the funding requirements of this section.
  756         (b) For seaport intermodal access projects as described in
  757  s. 341.053(5) which that are identified in the 5-year Florida
  758  Seaport Mission Plan as provided in s. 311.09(3). Funding for
  759  such projects shall be on a matching basis as mutually
  760  determined by the Florida Seaport Transportation and Economic
  761  Development Council and the Department of Transportation if,
  762  provided a minimum of 25 percent of total project funds shall
  763  come from any port funds, local funds, private funds, or
  764  specifically earmarked federal funds.
  765         (c) On a 50-50 matching basis for projects as described in
  766  s. 311.07(3)(b).
  767         (d) For seaport intermodal access projects that involve the
  768  dredging or deepening of channels, turning basins, or harbors;
  769  or the rehabilitation of wharves, docks, or similar structures.
  770  Funding for such projects requires shall require a 25 percent
  771  match of the funds received pursuant to this subsection.
  772  Matching funds must shall come from any port funds, federal
  773  funds, local funds, or private funds.
  774  
  775  Such revenues may be assigned, pledged, or set aside as a trust
  776  for the payment of principal or interest on bonds, tax
  777  anticipation certificates, or any other form of indebtedness
  778  issued by an individual port or appropriate local government
  779  having jurisdiction thereof, or collectively by interlocal
  780  agreement among any of the ports, or used to purchase credit
  781  support to permit such borrowings. However, such debt is shall
  782  not constitute a general obligation of the state. This state
  783  covenants does hereby covenant with holders of such revenue
  784  bonds or other instruments of indebtedness issued hereunder that
  785  it will not repeal or impair or amend this subsection in any
  786  manner that which will materially and adversely affect the
  787  rights of holders so long as bonds authorized by this subsection
  788  are outstanding. Any revenues that are not pledged to the
  789  repayment of bonds as authorized by this section may be used
  790  utilized for purposes authorized under the Florida Seaport
  791  Transportation and Economic Development Program. This revenue
  792  source is in addition to any amounts provided for and
  793  appropriated in accordance with s. 311.07 and subsection (3).
  794  The Florida Seaport Transportation and Economic Development
  795  Council shall approve distribution of funds to ports for
  796  projects that have been approved pursuant to s. 311.09(5)-(8)
  797  311.09(5)-(9), or for seaport intermodal access projects
  798  identified in the 5-year Florida Seaport Mission Plan as
  799  provided in s. 311.09(3) and mutually agreed upon by the FSTED
  800  Council and the Department of Transportation. All contracts for
  801  actual construction of projects authorized by this subsection
  802  must include a provision encouraging employment of participants
  803  in the welfare transition program. The goal for such employment
  804  of participants in the welfare transition program is 25 percent
  805  of all new employees employed specifically for the project,
  806  unless the Department of Transportation and the Florida Seaport
  807  Transportation and Economic Development Council demonstrate that
  808  such a requirement would severely hamper the successful
  809  completion of the project. In such an instance, Workforce
  810  Florida, Inc., shall establish an appropriate percentage of
  811  employees who are that must be participants in the welfare
  812  transition program. The council and the Department of
  813  Transportation may are authorized to perform such acts as are
  814  required to facilitate and implement the provisions of this
  815  subsection. To better enable the ports to cooperate to their
  816  mutual advantage, the governing body of each port may exercise
  817  powers provided to municipalities or counties in s. 163.01(7)(d)
  818  subject to the provisions of chapter 311 and special acts, if
  819  any, pertaining to a port. The use of funds provided pursuant to
  820  this subsection is limited to eligible projects listed in this
  821  subsection. The provisions of s. 311.07(4) do not apply to any
  822  funds received pursuant to this subsection. The revenues
  823  available under this subsection may shall not be pledged to the
  824  payment of any bonds other than the Florida Ports Financing
  825  Commission Series 1996 and Series 1999 Bonds currently
  826  outstanding; provided, however, such revenues may be pledged to
  827  secure payment of refunding bonds to refinance the Florida Ports
  828  Financing Commission Series 1996 and Series 1999 Bonds. No
  829  Refunding bonds secured by revenues available under this
  830  subsection may not be issued with a final maturity later than
  831  the final maturity of the Florida Ports Financing Commission
  832  Series 1996 and Series 1999 Bonds or which provide for higher
  833  debt service in any year than is currently payable on such
  834  bonds. Any revenue bonds or other indebtedness issued after July
  835  1, 2000, other than refunding bonds shall be issued by the
  836  Division of Bond Finance at the request of the Department of
  837  Transportation pursuant to the State Bond Act.
  838         Section 14. Section 320.204, Florida Statutes, is repealed.
  839         Section 15. Subsection (3) of section 322.07, Florida
  840  Statutes, is amended to read:
  841         322.07 Instruction permits and temporary licenses.—
  842         (3) Any person who, except for his or her lack of
  843  instruction in operating a commercial motor vehicle, would
  844  otherwise be qualified to obtain a commercial driver driver’s
  845  license under this chapter, may apply for a temporary commercial
  846  instruction permit. The department shall issue such a permit
  847  entitling the applicant, while having the permit in his or her
  848  immediate possession, to drive a commercial motor vehicle on the
  849  highways, if provided that:
  850         (a) The applicant possesses a valid Florida driver driver’s
  851  license issued in any state; and
  852         (b) The applicant, while operating a commercial motor
  853  vehicle, is accompanied by a licensed driver who is 21 years of
  854  age or older, who is licensed to operate the class of vehicle
  855  being operated, and who is actually occupying the closest seat
  856  to the right of the driver.
  857         Section 16. Subsection (2) of section 322.53, Florida
  858  Statutes, is amended to read:
  859         322.53 License required; exemptions.—
  860         (2) The following persons are exempt from the requirement
  861  to obtain a commercial driver driver’s license:
  862         (a) Drivers of authorized emergency vehicles.
  863         (b) Military personnel driving vehicles operated for
  864  military purposes.
  865         (c) Farmers transporting agricultural products, farm
  866  supplies, or farm machinery to or from their farms and within
  867  150 miles of their farms farm, if the vehicle operated under
  868  this exemption is not used in the operations of a common or
  869  contract motor carrier or transporting agricultural products to
  870  or from the first place of storage or processing or directly to
  871  or from market, within 150 miles of their farm.
  872         (d) Drivers of recreational vehicles, as defined in s.
  873  320.01.
  874         (e) Drivers who operate straight trucks, as defined in s.
  875  316.003, and who that are exclusively transporting exclusively
  876  their own tangible personal property, which is not for sale.
  877         (f) Employees An employee of a publicly owned transit
  878  system who are is limited to moving vehicles for maintenance or
  879  parking purposes exclusively within the restricted-access
  880  confines of a transit system’s property.
  881         Section 17. Subsection (2) of section 322.54, Florida
  882  Statutes, is amended to read:
  883         322.54 Classification.—
  884         (2) The department shall issue, pursuant to the
  885  requirements of this chapter, driver drivers’ licenses in
  886  accordance with the following classifications:
  887         (a) Any person who drives a motor vehicle combination
  888  having a gross vehicle weight rating or gross vehicle weight of
  889  26,001 pounds or more must possess a valid Class A driver
  890  driver’s license, if provided the gross vehicle weight rating or
  891  gross vehicle weight of the vehicle being towed is more than
  892  10,000 pounds. Any person who possesses a valid Class A driver
  893  driver’s license may, subject to the appropriate restrictions
  894  and endorsements, drive any class of motor vehicle within this
  895  state.
  896         (b) Any person, except a person who possesses a valid Class
  897  A driver driver’s license, who drives a motor vehicle having a
  898  gross vehicle weight rating or gross vehicle weight of 26,001
  899  pounds or more must possess a valid Class B driver driver’s
  900  license. Any person, except a person who possesses a valid Class
  901  A driver driver’s license, who drives such vehicle towing a
  902  vehicle having a gross vehicle weight rating of 10,000 pounds or
  903  less must possess a valid Class B driver driver’s license. Any
  904  person who possesses a valid Class B driver driver’s license
  905  may, subject to the appropriate restrictions and endorsements,
  906  drive any class of motor vehicle, other than the type of motor
  907  vehicle for which a Class A driver driver’s license is required,
  908  within this state.
  909         (c) Any person, except a person who possesses a valid Class
  910  A or a valid Class B driver driver’s license, who drives a motor
  911  vehicle having a gross vehicle weight rating of less than 26,001
  912  pounds and who is required to obtain an endorsement pursuant to
  913  paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s.
  914  322.57, must possess a valid Class C driver driver’s license.
  915  Any person who possesses a valid Class C driver driver’s license
  916  may, subject to the appropriate restrictions and endorsements,
  917  drive any class of motor vehicle, other than the type of motor
  918  vehicle for which a Class A or a Class B driver driver’s license
  919  is required, within this state.
  920         (d) Any person, except a person who possesses a valid Class
  921  A, valid Class B, or valid Class C driver driver’s license, who
  922  drives a motor vehicle must possess a valid Class E driver
  923  driver’s license. Any person who possesses a valid Class E
  924  driver driver’s license may, subject to the appropriate
  925  restrictions and endorsements, drive any type of motor vehicle,
  926  other than the type of motor vehicle for which a Class A, Class
  927  B, or Class C driver driver’s license is required, within this
  928  state.
  929         Section 18. Section 322.59, Florida Statutes, is amended to
  930  read:
  931         322.59 Possession of medical examiner’s certificate.—
  932         (1) The department may shall not issue a commercial driver
  933  driver’s license to a any person who is required by the laws of
  934  this state or by federal law to possess a medical examiner’s
  935  certificate, unless the such person presents a valid
  936  certificate, as described in 49 C.F.R. s. 383.71, before prior
  937  to licensure.
  938         (2) The department shall disqualify a driver from operating
  939  a commercial motor vehicle if the driver holds a commercial
  940  driver license and fails to comply with the medical
  941  certification requirements in 49 C.F.R. s. 383.71 This section
  942  does not expand the requirements as to who must possess a
  943  medical examiner’s certificate.
  944         (3) A person who is disqualified from operating a
  945  commercial motor vehicle under this section may, if otherwise
  946  qualified, be issued a Class E driver license pursuant to s.
  947  322.251.
  948         Section 19. Subsections (3) and (5) of section 322.61,
  949  Florida Statutes, are amended to read:
  950         322.61 Disqualification from operating a commercial motor
  951  vehicle.—
  952         (3)(a) Except as provided in subsection (4), any person who
  953  is convicted of one of the offenses listed in paragraph (b)
  954  while operating a commercial motor vehicle shall, in addition to
  955  any other applicable penalties, be disqualified from operating a
  956  commercial motor vehicle for a period of 1 year.:
  957         (b) Except as provided in subsection (4), any holder of a
  958  commercial driver driver’s license who is convicted of one of
  959  the offenses listed in this paragraph while operating a
  960  noncommercial motor vehicle shall, in addition to any other
  961  applicable penalties, be disqualified from operating a
  962  commercial motor vehicle for a period of 1 year:
  963         1. Driving a motor vehicle while he or she is under the
  964  influence of alcohol or a controlled substance;
  965         2. Driving a commercial motor vehicle while the alcohol
  966  concentration of his or her blood, breath, or urine is .04
  967  percent or higher;
  968         3. Leaving the scene of a crash involving a motor vehicle
  969  driven by such person;
  970         4. Using a motor vehicle in the commission of a felony;
  971         5. Driving a commercial motor vehicle while in possession
  972  of a controlled substance;
  973         6. Refusing to submit to a test to determine his or her
  974  alcohol concentration while driving a motor vehicle;
  975         7. Driving a commercial vehicle while the licenseholder’s
  976  commercial driver driver’s license is suspended, revoked, or
  977  canceled or while the licenseholder is disqualified from driving
  978  a commercial vehicle; or
  979         8. Causing a fatality through the negligent operation of a
  980  commercial motor vehicle.
  981         (5) A Any person who is convicted of two violations
  982  specified in subsection (3) which were committed while operating
  983  a commercial motor vehicle, or any combination thereof, arising
  984  in separate incidents shall be permanently disqualified from
  985  operating a commercial motor vehicle. A Any holder of a
  986  commercial driver driver’s license who is convicted of two
  987  violations specified in subsection (3) which were committed
  988  while operating any a noncommercial motor vehicle, or any
  989  combination thereof, arising in separate incidents shall be
  990  permanently disqualified from operating a commercial motor
  991  vehicle. The penalty provided in this subsection is in addition
  992  to any other applicable penalty.
  993         Section 20. Present subsections (8) through (13) of section
  994  334.30, Florida Statutes, are redesignated as subsections (7)
  995  through (12), respectively, and present subsection (7) of that
  996  section is amended, to read:
  997         334.30 Public-private transportation facilities.—The
  998  Legislature finds and declares that there is a public need for
  999  the rapid construction of safe and efficient transportation
 1000  facilities for the purpose of traveling within the state, and
 1001  that it is in the public’s interest to provide for the
 1002  construction of additional safe, convenient, and economical
 1003  transportation facilities.
 1004         (7) The department may lend funds from the Toll Facilities
 1005  Revolving Trust Fund, as outlined in s. 338.251, to private
 1006  entities that construct projects on the State Highway System
 1007  containing toll facilities that are approved under this section.
 1008  To be eligible, a private entity must comply with s. 338.251 and
 1009  must provide an indication from a nationally recognized rating
 1010  agency that the senior bonds for the project will be investment
 1011  grade, or must provide credit support such as a letter of credit
 1012  or other means acceptable to the department, to ensure that the
 1013  loans will be fully repaid. The state’s liability for the
 1014  funding of a facility is limited to the amount approved for that
 1015  specific facility in the department’s 5-year work program
 1016  adopted pursuant to s. 339.135.
 1017         Section 21. Subsection (5) is added to section 335.074,
 1018  Florida Statutes, to read:
 1019         335.074 Safety inspection of bridges.—
 1020         (5) Upon receipt of an inspection report that recommends
 1021  reducing the weight, size, or speed limit on a bridge, the
 1022  governmental entity having maintenance responsibility for the
 1023  bridge shall reduce the maximum limits for the bridge in
 1024  accordance with the inspection report and shall post the limits
 1025  in accordance with s. 316.555. The governmental entity shall,
 1026  within 30 days after receipt of an inspection report
 1027  recommending lower limits, notify the department that the
 1028  limitations have been implemented and the limits have been
 1029  posted accordingly. If the required actions are not taken within
 1030  30 days after receipt of an inspection report, the department
 1031  shall post the limits on the bridge in accordance with the
 1032  recommendations in the inspection report. The costs incurred by
 1033  the department in connection with providing notice of the
 1034  bridge’s limitations or restrictions shall be assessed against
 1035  and collected from the governmental entity having maintenance
 1036  responsibility for the bridge. If an inspection report
 1037  recommends closure of a bridge, the bridge shall be immediately
 1038  closed. If the governmental entity does not close the bridge
 1039  immediately upon receipt of an inspection report recommending
 1040  closure, the department shall close the bridge. The costs
 1041  incurred by the department in connection with the bridge closure
 1042  shall be assessed against and collected from the governmental
 1043  entity having maintenance responsibility for the bridge. This
 1044  subsection does not alter existing jurisdictional
 1045  responsibilities for the operation and maintenance of bridges.
 1046         Section 22. Section 338.151, Florida Statutes, is created
 1047  to read:
 1048         338.151 Authority of the department to establish tolls on
 1049  the State Highway System.—Notwithstanding s. 338.165(8), the
 1050  department may establish tolls on new limited access facilities
 1051  on the State Highway System, lanes added to existing limited
 1052  access facilities on the State Highway System, new major bridges
 1053  on the State Highway System over waterways, and replacements for
 1054  existing major bridges on the State Highway System over
 1055  waterways to pay, fully or partially, for the cost of such
 1056  projects. Except for high-occupancy vehicle lanes, express
 1057  lanes, the turnpike system, and as otherwise authorized by law,
 1058  the department may not establish tolls on lanes of limited
 1059  access facilities that exist on July 1, 2012, unless tolls were
 1060  in effect for the lanes before that date. The authority provided
 1061  in this section is in addition to the authority provided under
 1062  the Florida Turnpike Enterprise Law and s. 338.166.
 1063         Section 23. Subsection (1) of section 338.155, Florida
 1064  Statutes, is amended to read:
 1065         338.155 Payment of toll on toll facilities required;
 1066  exemptions.—
 1067         (1) A person may not No persons are permitted to use any
 1068  toll facility without payment of tolls, except employees of the
 1069  agency operating the toll project when using the toll facility
 1070  on official state business, state military personnel while on
 1071  official military business, handicapped persons as provided in
 1072  this section, persons exempt from toll payment by the
 1073  authorizing resolution for bonds issued to finance the facility,
 1074  and persons exempt on a temporary basis where use of such toll
 1075  facility is required as a detour route. Any law enforcement
 1076  officer operating a marked official vehicle is exempt from toll
 1077  payment when on official law enforcement business. Any person
 1078  operating a fire vehicle when on official business or a rescue
 1079  vehicle when on official business is exempt from toll payment.
 1080  Any person participating in the funeral procession of a law
 1081  enforcement officer or firefighter killed in the line of duty is
 1082  exempt from toll payment. The secretary, or the secretary’s
 1083  designee, may suspend the payment of tolls on a toll facility
 1084  when necessary to assist in emergency evacuation. The failure to
 1085  pay a prescribed toll constitutes a noncriminal traffic
 1086  infraction, punishable as a moving violation as provided in
 1087  pursuant to s. 318.18. The department may is authorized to adopt
 1088  rules relating to the payment, collection, and enforcement of
 1089  tolls, as authorized in chapters 316, 318, 320, 322, and 338,
 1090  including, but not limited to, rules for the implementation of
 1091  video or other image billing and variable pricing. The
 1092  department may by rule allow the use of toll facilities that it
 1093  manages by public transit vehicles or by vehicles participating
 1094  in a funeral procession for an active-duty military service
 1095  member without the payment of tolls if the revenues of these
 1096  toll facilities are not pledged to repayment of bonds.
 1097         Section 24. Section 338.161, Florida Statutes, is amended
 1098  to read:
 1099         338.161 Authority of department or toll agencies to
 1100  advertise and promote electronic toll collection; Expanded uses
 1101  of electronic toll collection system; studies authorized.—
 1102         (1) The department may is authorized to incur expenses for
 1103  paid advertising, marketing, and promotion of toll facilities
 1104  and electronic toll collection products and services. Promotions
 1105  may include discounts and free products.
 1106         (2) The department may is authorized to receive funds from
 1107  advertising placed on electronic toll collection products and
 1108  promotional materials to defray the costs of products and
 1109  services.
 1110         (3)(a) The department or any toll agency created by statute
 1111  may incur expenses to advertise or promote its electronic toll
 1112  collection system to consumers on or off the turnpike or toll
 1113  system.
 1114         (4)(b) If the department or any toll agency created by
 1115  statute finds that it can increase nontoll revenues or add
 1116  convenience or other value for its customers, the department or
 1117  toll agency may enter into agreements with a any private or
 1118  public entity allowing the use of its electronic toll collection
 1119  system to pay parking fees for vehicles equipped with a
 1120  transponder or similar device. The department or toll agency may
 1121  initiate feasibility studies of other additional future uses of
 1122  its electronic toll collection system and make recommendations
 1123  to the Legislature to authorize such uses.
 1124         (5) If the department finds that it can increase nontoll
 1125  revenues or add convenience or other value for its customers,
 1126  and if a public or private transportation facility owner agrees
 1127  that its facility will become interoperable with the
 1128  department’s electronic toll collection and video billing
 1129  systems, the department may enter into an agreement with the
 1130  owner of such facility under which the department uses its
 1131  systems to collect and enforce for the owner tolls, fares,
 1132  administrative fees, and other applicable charges due in
 1133  connection with use of the owner’s facility.
 1134         Section 25. Subsection (10) is added to section 338.165,
 1135  Florida Statutes, to read:
 1136         338.165 Continuation of tolls.—
 1137         (10) The department’s Beachline-East Expressway may be
 1138  transferred by the department and become part of the turnpike
 1139  system under the Florida Turnpike Enterprise Law. Any funds
 1140  expended by the Florida Turnpike Enterprise for the acquisition
 1141  of the Beachline-East Expressway shall be deposited into the
 1142  State Transportation Trust Fund, and, notwithstanding any other
 1143  law to the contrary, such funds shall first be allocated by the
 1144  department to fund the department’s obligation to construct
 1145  Wekiva Parkway. The term “Wekiva Parkway” means a limited access
 1146  highway or expressway constructed between State Road 429 and
 1147  Interstate 4 specifically incorporating the corridor alignment
 1148  recommended by Recommendation 2 of the Wekiva River Basin Area
 1149  Task Force final report dated January 15, 2003, and the
 1150  recommendations of the SR 429 Working Group which were adopted
 1151  January 16, 2004, and related transportation facilities.
 1152         Section 26. Section 338.166, Florida Statutes, is amended
 1153  to read:
 1154         338.166 High-occupancy toll lanes or express lanes.—
 1155         (1) Under s. 11, Art. VII of the State Constitution, the
 1156  department may request the Division of Bond Finance to issue
 1157  bonds secured by toll revenues collected on high-occupancy toll
 1158  lanes or express lanes established on facilities owned by the
 1159  department located on Interstate 95 in Miami-Dade and Broward
 1160  Counties.
 1161         (2) The department may continue to collect the toll on the
 1162  high-occupancy toll lanes or express lanes after the discharge
 1163  of any bond indebtedness related to such project. All tolls so
 1164  collected shall first be used to pay the annual cost of the
 1165  operation, maintenance, and improvement of the high-occupancy
 1166  toll lanes or express lanes project or associated transportation
 1167  system.
 1168         (3) Any remaining toll revenue from the high-occupancy toll
 1169  lanes or express lanes shall be used by the department for the
 1170  construction, maintenance, or improvement of any road on the
 1171  State Highway System within the county or counties in which the
 1172  toll revenues were collected or to support express bus service
 1173  on the facility where the toll revenues were collected.
 1174         (4) The department may implement variable rate tolls on
 1175  high-occupancy toll lanes or express lanes.
 1176         (5) Except for high-occupancy toll lanes or express lanes,
 1177  tolls may not be charged for use of an interstate highway where
 1178  tolls were not charged as of July 1, 1997.
 1179         (6) This section does not apply to the turnpike system as
 1180  defined under the Florida Turnpike Enterprise Law.
 1181         Section 27. Paragraph (a) of subsection (8) of section
 1182  338.221, Florida Statutes, is amended to read:
 1183         338.221 Definitions of terms used in ss. 338.22-338.241.—As
 1184  used in ss. 338.22-338.241, the following words and terms have
 1185  the following meanings, unless the context indicates another or
 1186  different meaning or intent:
 1187         (8) “Economically feasible” means:
 1188         (a) For a proposed turnpike project, that, as determined by
 1189  the department before the issuance of revenue bonds for the
 1190  project, the estimated net revenues of the proposed turnpike
 1191  project, excluding feeder roads and turnpike improvements, will
 1192  be sufficient to pay at least 50 percent of the annual debt
 1193  service on the bonds associated with the project by the end of
 1194  the 12th year of operation and to pay at least 100 percent of
 1195  the debt service on the bonds by the end of the 30th 22nd year
 1196  of operation. In implementing this paragraph, up to 50 percent
 1197  of the adopted work program costs of the project may be funded
 1198  from turnpike revenues.
 1199  
 1200  This subsection does not prohibit the pledging of revenues from
 1201  the entire turnpike system to bonds issued to finance or
 1202  refinance a turnpike project or group of turnpike projects.
 1203         Section 28. Paragraphs (a) and (b) of subsection (1) of
 1204  section 338.223, Florida Statutes, are amended to read:
 1205         338.223 Proposed turnpike projects.—
 1206         (1)(a) Any proposed project to be constructed or acquired
 1207  as part of the turnpike system and any turnpike improvement
 1208  shall be included in the tentative work program. A No proposed
 1209  project or group of proposed projects may not shall be added to
 1210  the turnpike system unless such project or projects are
 1211  determined to be economically feasible and a statement of
 1212  environmental feasibility has been completed for such project or
 1213  projects and such projects are determined to be consistent, to
 1214  the maximum extent feasible, with approved local government
 1215  comprehensive plans of the local governments in which such
 1216  projects are located. The department may authorize engineering
 1217  studies, traffic studies, environmental studies, and other
 1218  expert studies of the location, costs, economic feasibility, and
 1219  practicality of proposed turnpike projects throughout the state
 1220  and may proceed with the design phase of such projects. The
 1221  department may shall not request legislative approval of a
 1222  proposed turnpike project until the design phase of that project
 1223  is at least 30 60 percent complete. If a proposed project or
 1224  group of proposed projects is found to be economically feasible,
 1225  consistent, to the maximum extent feasible, with approved local
 1226  government comprehensive plans of the local governments in which
 1227  such projects are located, and a favorable statement of
 1228  environmental feasibility has been completed, the department,
 1229  with the approval of the Legislature, shall, after the receipt
 1230  of all necessary permits, construct, maintain, and operate such
 1231  turnpike projects.
 1232         (b) Any proposed turnpike project or improvement shall be
 1233  developed in accordance with the Florida Transportation Plan and
 1234  the work program pursuant to s. 339.135. Turnpike projects that
 1235  add capacity, alter access, affect feeder roads, or affect the
 1236  operation of the local transportation system shall be included
 1237  in the transportation improvement plan of the affected
 1238  metropolitan planning organization. If such turnpike project
 1239  does not fall within the jurisdiction of a metropolitan planning
 1240  organization, the department shall notify the affected county
 1241  and provide for public hearings in accordance with s.
 1242  339.155(6)(c).
 1243         Section 29. Section 338.251, Florida Statutes, is repealed.
 1244         Section 30. Paragraph (f) of subsection (1) of section
 1245  339.08, Florida Statutes, is amended to read:
 1246         339.08 Use of moneys in State Transportation Trust Fund.—
 1247         (1) The department shall expend moneys in the State
 1248  Transportation Trust Fund accruing to the department, in
 1249  accordance with its annual budget. The use of such moneys shall
 1250  be restricted to the following purposes:
 1251         (f) To pay the cost of economic development transportation
 1252  projects in accordance with s. 339.2821 288.063.
 1253         Section 31. Section 339.139, Florida Statutes, is created
 1254  to read:
 1255         339.139Transportation debt assessment.—
 1256         (1) It is the policy of the state to manage the financing
 1257  of transportation infrastructure in a manner that ensures the
 1258  fiscal integrity of the State Transportation Trust Fund.
 1259         (2) The department shall provide a debt and debtlike
 1260  contractual obligations load report to the Executive Office of
 1261  the Governor, the President of the Senate, the Speaker of the
 1262  House of Representatives, and the legislative appropriations
 1263  committees in conjunction with the tentative work program
 1264  required under s. 339.135. The debt and debtlike contractual
 1265  obligations load report must include the following data on
 1266  current and planned department commitments that are payable from
 1267  the State Transportation Trust Fund:
 1268         (a) Debt service payments that are required to be made
 1269  under any resolution for the issuance of bonds secured by a lien
 1270  on federal highway aid reimbursements or motor fuel and diesel
 1271  fuel taxes.
 1272         (b) Funding for seaports which has been pledged to the
 1273  payment of principal and interest on bonds issued by the Florida
 1274  Ports Financing Commission pursuant to s. 320.20.
 1275         (c) Commitments of the department to pay the costs of
 1276  operating, maintaining, repairing, and rehabilitating expressway
 1277  and bridge systems under the terms of lease-purchase agreements
 1278  which are enforceable by the holders of bonds issued by
 1279  expressway and bridge authorities pursuant to chapter 348.
 1280         (d) Availability, milestone, and final acceptance payments
 1281  that are required by public-private partnerships pursuant to s.
 1282  334.30 and that are not payments for the cost of operation or
 1283  maintenance of a facility.
 1284         (e) Agreed-on payments to a department contractor for work
 1285  performed in the current fiscal year for which payment is
 1286  deferred to a later fiscal year pursuant to s. 334.30.
 1287         (f) Reimbursements to local governments for work performed
 1288  on a project if the reimbursement is deferred to a later fiscal
 1289  year pursuant to s. 339.12.
 1290         (g) Loan repayments on state infrastructure bank loans
 1291  extended to a department district pursuant to s. 339.55.
 1292         (3) The department shall manage all levels of debt to
 1293  ensure that by the beginning of the 2017–2018 fiscal year, not
 1294  more than 20 percent of total projected available state and
 1295  federal revenues from the State Transportation Trust Fund,
 1296  together with any local funds committed to department projects,
 1297  are committed to the obligations identified in subsection (2) in
 1298  any year.
 1299         (4) If the department believes that a critical project
 1300  would justify exceeding the limitation established in this
 1301  section, the department shall notify the Governor, the President
 1302  of the Senate, the Speaker of the House of Representatives, and
 1303  the chairs of the legislative appropriations committees. The
 1304  notification must identify the critical project and the
 1305  projected impact on the department’s total debt load. The
 1306  department may proceed with the project upon approval by the
 1307  Governor. If either chair of the legislative appropriations
 1308  committees, the President of the Senate, or the Speaker of the
 1309  House of Representatives objects in writing to a proposed
 1310  project within 14 days after submittal of a department request
 1311  to exceed debt limits and specifies the reasons for such
 1312  objection, the Governor may not approve the project.
 1313         (5) The department shall prepare a separate report on debt
 1314  obligations that are secured by and payable solely from pledged
 1315  revenues. The department shall provide the report on pledged
 1316  revenue debt to the Executive Office of the Governor, the
 1317  President of the Senate, the Speaker of the House of
 1318  Representatives, and the legislative appropriations committees
 1319  in conjunction with the tentative work program required under s.
 1320  339.135.
 1321         Section 32. Section 339.2821, Florida Statutes, is created
 1322  to read:
 1323         339.2821Economic development transportation projects.—
 1324         (1)(a) The department, in consultation with the Department
 1325  of Economic Opportunity, may make and approve expenditures and
 1326  contract with the appropriate governmental body for the direct
 1327  costs of transportation projects. The Department of Economic
 1328  Opportunity and the Department of Environmental Protection may
 1329  formally review and comment on recommended transportation
 1330  projects, although the department has final approval authority
 1331  for any project authorized under this section.
 1332         (b) As used in this section, the term:
 1333         1. “Governmental body” means an instrumentality of the
 1334  state or a county, municipality, district, authority, board, or
 1335  commission, or an agency thereof, within which jurisdiction the
 1336  transportation project is located and which is responsible to
 1337  the department for the transportation project.
 1338         2. “Transportation project” means a transportation
 1339  facility, as defined in s. 334.03, which the department, in
 1340  consultation with the Department of Economic Opportunity, deems
 1341  necessary to facilitate the economic development and growth of
 1342  the state.
 1343         (2) The department, in consultation with the Department of
 1344  Economic Opportunity, shall review each transportation project
 1345  for approval and funding. In the review, the department must
 1346  consider:
 1347         (a) The cost per job created or retained considering the
 1348  amount of transportation funds requested;
 1349         (b) The average hourly rate of wages for jobs created;
 1350         (c) The reliance on any program as an inducement for
 1351  determining the transportation project’s location;
 1352         (d) The amount of capital investment to be made by a
 1353  business;
 1354         (e) The demonstrated local commitment;
 1355         (f) The location of the transportation project in an
 1356  enterprise zone as designated in s. 290.0055;
 1357         (g) The location of the transportation project in a
 1358  spaceport territory as defined in s. 331.304;
 1359         (h) The unemployment rate of the surrounding area; and
 1360         (i) The poverty rate of the community.
 1361  
 1362  The department may contact any agency it deems appropriate for
 1363  additional information regarding the approval of a
 1364  transportation project. A transportation project must be
 1365  approved by the department to be eligible for funding.
 1366         (3)(a) The department must approve a transportation project
 1367  if it determines that the transportation project will:
 1368         1. Attract new employment opportunities to the state or
 1369  expand or retain employment in existing companies operating
 1370  within the state.
 1371         2. Allow for the construction or expansion of a state or
 1372  federal correctional facility in a county having a population of
 1373  75,000 or fewer which creates new employment opportunities or
 1374  expands or retains employment in the county.
 1375         (b) The department must ensure that small and minority
 1376  businesses have equal access to participate in transportation
 1377  projects funded pursuant to this section.
 1378         (c) In addition to administrative costs and equipment
 1379  purchases specified in the contract, funds for approved
 1380  transportation projects may be used for expenses that are
 1381  necessary for building new, or improving existing,
 1382  transportation facilities. Funds made available pursuant to this
 1383  section may not be expended for the relocation of a business
 1384  from one community to another community in this state unless the
 1385  department determines that, without the relocation, the business
 1386  will move outside the state or determines that the business has
 1387  a compelling economic reason for the relocation, such as
 1388  creating additional jobs.
 1389         (4) A contract between the department and a governmental
 1390  body for a transportation project must:
 1391         (a) Specify that the transportation project is for the
 1392  construction of a new or expanding business and specify the
 1393  number of full-time permanent jobs that will result from the
 1394  project.
 1395         (b) Identify the governmental body and require that the
 1396  governmental body award the construction of the particular
 1397  transportation project to the lowest and best bidder in
 1398  accordance with applicable state and federal statutes or rules
 1399  unless the transportation project can be constructed using
 1400  existing local governmental employees within the contract period
 1401  specified by the department.
 1402         (c) Require that the governmental body provide the
 1403  department with quarterly progress reports. Each quarterly
 1404  progress report must contain:
 1405         1. A narrative description of the work completed and
 1406  whether the work is proceeding according to the transportation
 1407  project schedule;
 1408         2. A description of each change order executed by the
 1409  governmental body;
 1410         3. A budget summary detailing planned expenditures compared
 1411  to actual expenditures; and
 1412         4. The identity of each small or minority business used as
 1413  a contractor or subcontractor.
 1414         (d) Require that the governmental body make and maintain
 1415  records in accordance with accepted governmental accounting
 1416  principles and practices for each progress payment made for work
 1417  performed in connection with the transportation project, each
 1418  change order executed by the governmental body, and each payment
 1419  made pursuant to a change order. The records are subject to
 1420  financial audit as required by law.
 1421         (e) Require that the governmental body, upon completion and
 1422  acceptance of the transportation project, certify to the
 1423  department that the transportation project has been completed in
 1424  compliance with the terms and conditions of the contract between
 1425  the department and the governmental body and meets the minimum
 1426  construction standards established in accordance with s.
 1427  336.045.
 1428         (f) Specify that the department transfer funds to the
 1429  governmental body not more often than quarterly, upon receipt of
 1430  a request for funds from the governmental body and consistent
 1431  with the needs of the transportation project. The governmental
 1432  body shall expend funds received from the department in a timely
 1433  manner. The department may not transfer funds unless
 1434  construction has begun on the facility of a business on whose
 1435  behalf the award was made. A contract totaling less than
 1436  $200,000 is exempt from the transfer requirement.
 1437         (g) Require that funds be used only on a transportation
 1438  project that has been properly reviewed and approved in
 1439  accordance with the criteria set forth in this section.
 1440         (h) Require that the governing board of the governmental
 1441  body adopt a resolution accepting future maintenance and other
 1442  attendant costs occurring after completion of the transportation
 1443  project if the transportation project is constructed on a county
 1444  or municipal system.
 1445         (5) For purposes of this section, Space Florida may serve
 1446  as the governmental body or as the contracting agency for a
 1447  transportation project within spaceport territory as defined by
 1448  s. 331.304.
 1449         (6) Each governmental body receiving funds under this
 1450  section shall submit to the department a financial audit of the
 1451  governmental body conducted by an independent certified public
 1452  accountant. The department, in consultation with the Department
 1453  of Economic Opportunity, shall develop procedures to ensure that
 1454  audits are received and reviewed in a timely manner and that
 1455  deficiencies or questioned costs noted in the audit are
 1456  resolved.
 1457         (7) The department shall monitor the construction or
 1458  building site for each transportation project that receives
 1459  funding under this section, including, but not limited to, the
 1460  construction of the business facility, to ensure compliance with
 1461  contractual requirements.
 1462         Section 33. In order to implement sections 1 and 32 of this
 1463  act, which transfer the responsibility of administering economic
 1464  development transportation projects from the Department of
 1465  Economic Opportunity to the Department of Transportation, with
 1466  minimal disruption of services, the Department of Economic
 1467  Opportunity shall transfer the following to the Department of
 1468  Transportation:
 1469         (1) All powers, duties, functions, records, pending issues,
 1470  existing contracts, administrative authority, administrative
 1471  rules, and unexpended balances of appropriations, allocations,
 1472  or other funds relating to the Economic Development
 1473  Transportation program.
 1474         (2) Any unexpended balances of released appropriations and
 1475  appropriations that remain unreleased, and any funds remaining
 1476  in the Economic Development Trust Fund relating to economic
 1477  development transportation projects.
 1478         (3) Any binding contract or interagency agreement in effect
 1479  between the Department of Economic Opportunity and any other
 1480  agency, entity, or person shall continue as a binding contract
 1481  or agreement for the remainder of the term of such contract or
 1482  agreement on the successor department responsible for the
 1483  program.
 1484         Section 34. Section 339.2825, Florida Statutes, is created
 1485  to read:
 1486         339.2825Approval of contractor-financed projects.
 1487         (1) Before the department solicits proposals pursuant to s.
 1488  334.30 to advance a project programmed in the adopted 5-year
 1489  work program or in the 10-year Strategic Intermodal Plan using
 1490  funds provided by a public-private partnership or a private
 1491  entity to be reimbursed from department funds for the project as
 1492  programmed in the adopted work program, the department must
 1493  provide a summary of the proposed project to the Executive
 1494  Office of the Governor, the chair of each legislative
 1495  appropriations committee, the President of the Senate, and the
 1496  Speaker of the House of Representatives. The summary must
 1497  include a description of any anticipated commitment by the
 1498  department for the years outside the adopted work program, a
 1499  description of the anticipated impacts on the department’s
 1500  overall debt load, and sufficient information to demonstrate
 1501  that the project will not cause the department to exceed the
 1502  overall debt limitation provided in s. 339.139. The department
 1503  may proceed with the project upon approval of the Governor. If
 1504  the chair of either legislative appropriations committee, the
 1505  President of the Senate, or the Speaker of the House of
 1506  Representatives objects to the proposed project in writing
 1507  within 14 days after receipt of the summary, the Governor may
 1508  not approve the project.
 1509         (2) If the department receives an unsolicited proposal
 1510  pursuant to s. 334.30 to advance a project programmed in the
 1511  adopted 5-year work program or in the 10-year Strategic
 1512  Intermodal Plan using funds provided by public-private
 1513  partnerships or private entities to be reimbursed from
 1514  department funds for the project as programmed in the adopted
 1515  work program, the department shall provide a summary of the
 1516  proposed project to the Executive Office of the Governor, the
 1517  chair of each legislative appropriations committee, the
 1518  President of the Senate, and the Speaker of the House of
 1519  Representatives before the department advertises receipt of the
 1520  proposal as provided in s. 334.30. The summary must include a
 1521  description of any anticipated commitments by the department for
 1522  the years outside the adopted work program, a description of any
 1523  anticipated impacts on the department’s overall debt load, and
 1524  sufficient information to demonstrate that the project will not
 1525  cause the department to exceed the overall debt limitation
 1526  provided in s. 339.14. The department may not accept the
 1527  unsolicited proposal, advertise receipt of the unsolicited
 1528  proposal, or solicit other proposals for the same project
 1529  purpose without the approval of the Executive Office of the
 1530  Governor. If the chair of either legislative appropriations
 1531  committee, the President of the Senate, or the Speaker of the
 1532  House of Representatives objects to the proposed project in
 1533  writing within 14 days after receipt of the summary, the
 1534  Executive Office of the Governor may not approve the proposed
 1535  project.
 1536         (3) This section does not apply to a public-private
 1537  partnership agreement authorized in s. 334.30(2)(a).
 1538         Section 35. Subsection (5) is added to section 339.63,
 1539  Florida Statutes, to read:
 1540         339.63 System facilities designated; additions and
 1541  deletions.—
 1542         (5)(a) The Secretary of Transportation shall designate a
 1543  planned facility as part of the Strategic Intermodal System upon
 1544  request of the facility if it meets the criteria and thresholds
 1545  established by the department pursuant to subsection (4), meets
 1546  the definition of an intermodal logistics center, and has been
 1547  designated in a local comprehensive plan or local government
 1548  development order as an intermodal logistics center or an
 1549  equivalent planning term. For the purpose of this section, the
 1550  term “intermodal logistics center” means a facility or group of
 1551  facilities, including, but not limited to, an inland port,
 1552  serving as a point of intermodal transfer of freight in a
 1553  specific area physically separated from a seaport whose
 1554  activities relating to transport, logistics, goods distribution,
 1555  consolidation, or value-added activities are carried out and
 1556  whose activities and services are designed to support or be
 1557  supported by one or more seaports, as provided in s. 311.09, or
 1558  an airport whose activities and services are designed to support
 1559  the transport, logistics, goods distribution, consolidation, or
 1560  value added activities related to airborne cargo.
 1561         (b) A facility designated part of the Strategic Intermodal
 1562  System pursuant to paragraph (a) which is within the
 1563  jurisdiction of a local government and which maintains a
 1564  transportation concurrency system shall receive a waiver of
 1565  transportation concurrency requirements applicable to Strategic
 1566  Intermodal System facilities in order to accommodate any
 1567  development at the facility which occurs pursuant to a building
 1568  permit issued on or before December 31, 2017, but only if such
 1569  facility is located:
 1570         1. Within an area designated pursuant to s. 288.0656(7) as
 1571  a rural area of critical economic concern;
 1572         2. Within a rural enterprise zone as defined in s.
 1573  290.004(5); or
 1574         3. Within 15 miles of the boundary of a rural area of
 1575  critical economic concern or a rural enterprise zone.
 1576         Section 36. Section 348.7546, Florida Statutes, is amended
 1577  to read:
 1578         348.7546 Wekiva Parkway, construction authorized;
 1579  financing.—Notwithstanding s. 338.2275,
 1580         (1) The Orlando-Orange County Expressway Authority is
 1581  hereby authorized to exercise its condemnation powers and to,
 1582  construct, finance, operate, own, and maintain those portions of
 1583  the Wekiva Parkway which are identified by agreement between the
 1584  authority and the department and which are included as part of
 1585  the authority’s long-range capital improvement plan. The “Wekiva
 1586  Parkway” means any limited access highway or expressway
 1587  constructed between State Road 429 and Interstate 4 specifically
 1588  incorporating the corridor alignment recommended by
 1589  Recommendation 2 of the Wekiva River Basin Area Task Force final
 1590  report dated January 15, 2003, and the recommendations of the SR
 1591  429 Working Group which that were adopted January 16, 2004. This
 1592  project may be financed with any funds available to the
 1593  authority for such purpose or revenue bonds issued by the
 1594  authority under s. 11, Art. VII of the State Constitution and s.
 1595  348.755(1)(b). This section does not invalidate the exercise by
 1596  the authority of its condemnation powers or the acquisition of
 1597  any property for the Wekiva Parkway before July 1, 2012.
 1598         (2) Notwithstanding any other provision of law to the
 1599  contrary, in order to ensure that funds are available to the
 1600  department for its portion of the Wekiva Parkway, beginning July
 1601  1, 2012, the authority shall repay the expenditures by the
 1602  department for costs of operation and maintenance of the
 1603  Orlando-Orange County Expressway System in accordance with the
 1604  terms of the memorandum of understanding between the authority
 1605  and the department as ratified by the authority board on
 1606  February 22, 2012, which requires the authority to pay the
 1607  department $10 million on July 1, 2012, and $20 million on each
 1608  successive July 1 until the department has been fully reimbursed
 1609  for all costs of the Orlando-Orange County Expressway System
 1610  which were paid, advanced, or reimbursed to the authority by the
 1611  department, with a final payment in the amount of the balance
 1612  remaining. Notwithstanding any other law to the contrary, the
 1613  funds paid to the department pursuant to this subsection shall
 1614  be allocated by the department for construction of the Wekiva
 1615  Parkway.
 1616         (3) The department’s obligation to construct its portions
 1617  of the Wekiva Parkway is contingent upon the timely payment by
 1618  the authority of the annual payments required of the authority,
 1619  and receipt of the required environmental permits and approvals
 1620  by the Federal Government.
 1621         Section 37. Subsection (6) is added to section 348.755,
 1622  Florida Statutes, to read:
 1623         348.755 Bonds of the authority.—
 1624         (6) Notwithstanding any other provision of law to the
 1625  contrary, on and after July 1, 2012, the authority may not issue
 1626  any bonds except as permitted under the terms of the memorandum
 1627  of understanding between the authority and the department as
 1628  ratified by the authority board on February 22, 2012.
 1629         Section 38. Subsections (8) and (9) are added to section
 1630  348.757, Florida Statutes, to read:
 1631         348.757 Lease-purchase agreement.—
 1632         (8) The only lease-purchase agreement authorized by this
 1633  section is the lease-purchase agreement between the department
 1634  and the authority dated December 23, 1985, as supplemented by a
 1635  first supplement to the lease-purchase agreement dated November
 1636  25, 1986, and a second supplement to the lease-purchase
 1637  agreement dated October 27, 1988.
 1638         (9) Upon the earlier of the defeasance, redemption, or
 1639  payment in full of the authority bonds issued before July 1,
 1640  2012, or the earlier date to which the purchasers of the
 1641  authority bonds have consented:
 1642         (a) The obligations of the department under the lease-
 1643  purchase agreement with the authority, including any obligation
 1644  to pay any cost of operation, maintenance, repair, or
 1645  rehabilitation of the expressway system, terminate;
 1646         (b) The lease purchase agreement terminates;
 1647         (c) The expressway system remains the property of the
 1648  authority and may not be transferred to the department; and
 1649         (d) The authority remains obligated to reimburse the
 1650  department in accordance with the terms of the memorandum of
 1651  understanding between the authority and the department as
 1652  ratified by the authority board on February 22, 2012.
 1653         Section 39. Subsections (2) and (5) of section 369.317,
 1654  Florida Statutes, are amended to read:
 1655         369.317 Wekiva Parkway.—
 1656         (2) The Wekiva Parkway and related transportation
 1657  facilities shall follow the design criteria contained in the
 1658  recommendations of the Wekiva River Basin Area Task Force
 1659  adopted by reference by the Wekiva River Basin Coordinating
 1660  Committee in its final report of March 16, 2004, and the
 1661  recommendations of the Wekiva Coordinating Committee contained
 1662  in its final report of March 16, 2004, subject to reasonable
 1663  environmental, economic, and engineering considerations. For
 1664  those activities associated with the Wekiva Parkway and related
 1665  transportation facilities which require authorization pursuant
 1666  to part IV of chapter 373, the Department of Environmental
 1667  Protection is the exclusive permitting authority.
 1668         (5) In Seminole County, the Seminole County Expressway
 1669  Authority, the Department of Transportation, and the Florida
 1670  Turnpike Enterprise shall locate the precise corridor and
 1671  interchanges for the Wekiva Parkway consistent with the
 1672  legislative intent expressed in this act and other provisions of
 1673  this act.
 1674         Section 40. Paragraph (a) of subsection (4) of section
 1675  377.809, Florida Statutes, is amended to read:
 1676         377.809 Energy Economic Zone Pilot Program.—
 1677         (4)(a) Beginning July 1, 2012, all the incentives and
 1678  benefits provided for enterprise zones pursuant to state law
 1679  shall be available to the energy economic zones designated
 1680  pursuant to this section on or before July 1, 2010. In order to
 1681  provide incentives, by March 1, 2012, each local governing body
 1682  that has jurisdiction over an energy economic zone must, by
 1683  local ordinance, establish the boundary of the energy economic
 1684  zone, specify applicable energy-efficiency standards, and
 1685  determine eligibility criteria for the application of state and
 1686  local incentives and benefits in the energy economic zone.
 1687  However, in order to receive benefits provided under s. 288.106,
 1688  a business must be a qualified target industry business under s.
 1689  288.106 for state purposes. An energy economic zone’s boundary
 1690  may be revised by local ordinance. Such incentives and benefits
 1691  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1692  288.106, and 624.5105 and the public utility discounts provided
 1693  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 1694  shall be for renewable energy as defined in s. 377.803. For
 1695  purposes of this section, any applicable requirements for
 1696  employee residency for higher refund or credit thresholds must
 1697  be based on employee residency in the energy economic zone or an
 1698  enterprise zone. A business in an energy economic zone may also
 1699  be eligible for funding under ss. 288.047 and 445.003, and a
 1700  transportation project in an energy economic zone shall be
 1701  provided priority in funding under s. 339.2821 288.063. Other
 1702  projects shall be given priority ranking to the extent
 1703  practicable for grants administered under state energy programs.
 1704         Section 41. The funds in the Toll Facilities Revolving
 1705  Trust Fund and all future payments of obligated funds shall be
 1706  deposited into the State Transportation Trust Fund to be
 1707  expended for the purposes specified in s. 339.08, Florida
 1708  Statutes.
 1709         Section 42. Notwithstanding s. 120.569, s. 120.57, or s.
 1710  373.427, Florida Statutes, or any other provision of law to the
 1711  contrary, a challenge to a consolidated environmental resource
 1712  permit or an associated variance or a sovereign submerged lands
 1713  authorization proposed or issued by the Department of
 1714  Environmental Protection in connection with the state’s
 1715  deepwater ports, as listed in s. 403.021(9), Florida Statutes,
 1716  shall be conducted pursuant to the summary hearing provisions of
 1717  s. 120.574, Florida Statutes. However, the summary proceeding
 1718  shall be conducted within 30 days after a party files a motion
 1719  for a summary hearing, regardless of whether the parties agree
 1720  to the summary proceeding, and the administrative law judge’s
 1721  decision shall be in the form of a recommended order and does
 1722  not constitute final agency action of the department. The
 1723  Department of Environmental Protection shall issue the final
 1724  order within 45 working days after receipt of the administrative
 1725  law judge’s recommended order. The summary hearing provisions of
 1726  this section apply to pending administrative proceedings,
 1727  however, s. 120.574(1)(b) and (d) and (2)(a)3. and 5., Florida
 1728  Statutes, do not apply to pending administrative proceedings.
 1729  This section shall take effect upon this act becoming a law.
 1730         Section 43. Except as otherwise expressly provided in this
 1731  act and except for this section, which shall take effect upon
 1732  this act becoming a law, this act shall take effect July 1,
 1733  2012.
 1734  
 1735  ================= T I T L E  A M E N D M E N T ================
 1736         And the title is amended as follows:
 1737         Delete everything before the enacting clause
 1738  and insert:
 1739                        A bill to be entitled                      
 1740         An act relating to transportation; repealing s.
 1741         288.063, F.S., relating to contract requirements for
 1742         transportation projects; amending s. 288.0656, F.S.;
 1743         conforming a cross-reference; revising the title of
 1744         ch. 311, F.S.; amending s. 311.07, F.S.; revising
 1745         provisions for the financing of port transportation or
 1746         port facilities projects; increasing funding for the
 1747         Florida Seaport Transportation and Economic
 1748         Development Program; directing the Florida Seaport
 1749         Transportation and Economic Development Council to
 1750         develop guidelines for project funding; directing
 1751         council staff, the Department of Transportation, and
 1752         the Department of Economic Opportunity to work in
 1753         cooperation to review projects and allocate funds as
 1754         specified; revising certain authorized uses of program
 1755         funds; revising the list of projects eligible for
 1756         funding under the program; removing a cap on
 1757         distribution of program funds; removing a requirement
 1758         for a specified audit; authorizing the Department of
 1759         Transportation to subject projects funded under the
 1760         program to a specified audit; amending s. 311.09,
 1761         F.S.; revising provisions for rules of the council for
 1762         evaluating certain projects; removing provisions for
 1763         review by the Department of Community Affairs of the
 1764         list of projects approved by the council; revising
 1765         provisions for review and evaluation of such projects
 1766         by the Department of Transportation and the Department
 1767         of Economic Opportunity; increasing the amount of
 1768         funding the Department of Transportation is required
 1769         to include in its annual legislative budget request
 1770         for the Florida Seaport Transportation and Economic
 1771         Development Program; revising provisions relating to
 1772         funding to be included in the budget; creating s.
 1773         311.10, F.S.; establishing the Strategic Port
 1774         Investment Initiative within the Department of
 1775         Transportation; providing for a minimum annual amount
 1776         from the State Transportation Trust Fund to fund the
 1777         initiative; directing the department to work with
 1778         deepwater ports to develop and maintain a priority
 1779         list of strategic investment projects; providing
 1780         project selection criteria; requiring the department
 1781         to schedule a publicly noticed workshop with the
 1782         Department of Economic Opportunity and the deepwater
 1783         ports to review the proposed projects; directing the
 1784         department to finalize a prioritized list of potential
 1785         projects after considering comments received in the
 1786         workshop; directing the department to include the
 1787         proposed seaport projects in the tentative work
 1788         program; creating s. 311.101, F.S.; creating the
 1789         Intermodal Logistics Center Infrastructure Support
 1790         Program within the Department of Transportation;
 1791         providing purpose of the program; defining the term
 1792         “intermodal logistics center”; providing criteria for
 1793         consideration by the department when evaluating
 1794         projects for program assistance; directing the
 1795         department to coordinate and consult with the
 1796         Department of Economic Opportunity in the selection of
 1797         projects to be funded; authorizing the department to
 1798         administer contracts on behalf of the entity selected
 1799         to receive funding; providing for the department’s
 1800         share of project costs; providing for a certain amount
 1801         of funds in the State Transportation Trust Fund to be
 1802         made available for eligible projects; directing the
 1803         department to include the proposed projects in the
 1804         tentative work program; authorizing the department to
 1805         adopt rules; amending s. 311.22, F.S.; conforming a
 1806         cross-reference; amending s. 316.302, F.S.; requiring
 1807         owners or drivers of commercial motor vehicles that
 1808         are engaged in intrastate commerce to be subject to
 1809         specified federal rules and regulations as such rules
 1810         and regulations existed on a certain date; providing
 1811         that certain restrictions on the number of consecutive
 1812         hours that a commercial motor vehicle may operate do
 1813         not apply to a farm labor vehicle operated during a
 1814         state of emergency or during an emergency pertaining
 1815         to agriculture; correcting terminology; amending s.
 1816         318.14, F.S.; authorizing a person who does not hold a
 1817         commercial driver license and who is cited for a
 1818         noncriminal traffic infraction while driving a
 1819         noncommercial motor vehicle to elect to attend a basic
 1820         driver improvement course in lieu of a court
 1821         appearance; authorizing a person who does not hold a
 1822         commercial driver license and who is cited for certain
 1823         offenses while driving a noncommercial motor vehicle
 1824         to elect to enter a plea of nolo contendere and to
 1825         provide proof of compliance in lieu of payment of fine
 1826         or court appearance; amending s. 319.32, F.S.;
 1827         increasing the amount of the fees deposited into the
 1828         State Transportation Trust Fund from original and
 1829         duplicate certificates of title issued for motor
 1830         vehicles; specifying the allocation and purposes of
 1831         funds received from increasing the amount of the fees
 1832         from original and duplicate certificates of title
 1833         issued for motor vehicles; providing for the transfer
 1834         of funds to the State Transportation Trust Fund that
 1835         result from increased revenues from the seaport
 1836         programs; amending s. 320.20, F.S.; conforming
 1837         provisions to changes made by the act; repealing s.
 1838         320.204, F.S., relating to the transfer of funds from
 1839         the Highway Safety Operating Trust Fund to the
 1840         Transportation Disadvantaged Trust Fund; amending s.
 1841         322.07, F.S.; revising provisions relating to
 1842         temporary commercial instruction permits; amending s.
 1843         322.53, F.S.; revising an exemption from the
 1844         requirement to obtain a commercial driver license for
 1845         farmers transporting agricultural products, farm
 1846         supplies, or farm machinery under certain
 1847         circumstances; providing that such exemption applies
 1848         if the vehicle is not used in the operations of a
 1849         common or contract motor carrier; amending s. 322.54,
 1850         F.S.; requiring that persons who drive a motor vehicle
 1851         having a gross vehicle weight rating or gross vehicle
 1852         weight of a specified amount or more possess certain
 1853         classifications of driver licenses; amending s.
 1854         322.59, F.S.; revising provisions relating to the
 1855         possession of a medical examiner’s certificate;
 1856         requiring that the department disqualify a driver from
 1857         operating a commercial motor vehicle if the driver
 1858         holds a commercial driver license and fails to comply
 1859         with the medical certification requirements;
 1860         authorizing the department to issue, under certain
 1861         circumstances, a Class E driver license to a person
 1862         who is disqualified from operating a commercial motor
 1863         vehicle; amending s. 322.61, F.S.; revising provisions
 1864         relating to the disqualification from operating a
 1865         commercial motor vehicle; providing that any holder of
 1866         a commercial driver license who is convicted of two
 1867         violations committed while operating any motor vehicle
 1868         is permanently disqualified from operating a
 1869         commercial motor vehicle; amending s. 334.30, F.S.,
 1870         relating to public-private transportation facilities;
 1871         deleting obsolete provisions relating to the Toll
 1872         Facilities Revolving Trust Fund; amending s. 335.074,
 1873         F.S., relating to bridge safety inspection reports;
 1874         requiring the governmental entity having maintenance
 1875         responsibility for a bridge to reduce the maximum
 1876         weight, size, or speed limit for the bridge or to
 1877         close the bridge upon receipt of a report recommending
 1878         the reduction or closure; requiring the entity to post
 1879         the reduced limits and notify the department;
 1880         requiring the department to post the reduced limits or
 1881         to close the bridge under certain circumstances;
 1882         requiring costs associated with the department posting
 1883         the revised limits or closure of the bridge to be
 1884         assessed against and collected from the governmental
 1885         entity; creating s. 338.151, F.S.; authorizing the
 1886         department to establish tolls on certain
 1887         transportation facilities to pay for the cost of such
 1888         project; prohibiting the department from establishing
 1889         tolls on certain lanes of limited access facilities;
 1890         providing an exception; providing for application;
 1891         amending s. 338.155, F.S.; authorizing the department
 1892         adopt rules to allow public transit vehicles and
 1893         certain military-service-related funeral processions
 1894         to use certain toll facilities without payment of
 1895         tolls; amending s. 338.161, F.S.; authorizing the
 1896         Department of Transportation to enter into certain
 1897         agreements with a public or private transportation
 1898         facility owner if it can increase nontoll revenues or
 1899         add convenience or other value; providing criteria;
 1900         amending s. 338.165, F.S.; authorizing the Department
 1901         of Transportation to transfer the Beachline-East
 1902         Expressway to the turnpike system; providing for the
 1903         deposit of any funds expended by the Florida Turnpike
 1904         Enterprise for the acquisition of the Beachline-East
 1905         Expressway into the State Transportation Trust Fund
 1906         for allocation to construct the Wekiva Parkway;
 1907         defining the term “Wekiva Parkway”; amending s.
 1908         338.166, F.S.; revising a provision for issuance of
 1909         bonds secured by toll revenues collected on high
 1910         occupancy toll lanes or express lanes; revising
 1911         authorized uses of such toll revenues; providing
 1912         restrictions on such use; amending s. 338.221, F.S.;
 1913         revising the definition of the term “economically
 1914         feasible” for purposes of proposed turnpike projects;
 1915         amending s. 338.223, F.S.; revising provisions for
 1916         department requests for legislative approval of
 1917         proposed turnpike projects; conforming a cross
 1918         reference; repealing s. 338.251, F.S., relating to the
 1919         Toll Facilities Revolving Trust Fund; amending s.
 1920         339.08, F.S.; conforming a cross-reference; creating
 1921         s. 339.139, F.S.; declaring that management of
 1922         transportation infrastructure financing to ensure the
 1923         fiscal integrity of the State Transportation Trust
 1924         Fund is state policy; requiring that the department
 1925         provide a debt and debtlike contractual obligations
 1926         load report to the Executive Office of the Governor,
 1927         the President of the Senate, the Speaker of the House
 1928         of Representatives, and the legislative appropriations
 1929         committees; requiring that the load report provide
 1930         certain data; requiring that the department manage
 1931         levels of debt to ensure that no more than a certain
 1932         percentage of revenues is committed; providing
 1933         exceptions that allow the limitation to be exceeded;
 1934         requiring that the department prepare a report on debt
 1935         obligations that are secured by and payable from
 1936         pledged revenues; requiring that the department
 1937         provide the report to the Executive Office of the
 1938         Governor, the President of the Senate, the Speaker of
 1939         the House of Representatives, and the legislative
 1940         appropriations committees; creating s. 339.2821, F.S.;
 1941         authorizing the Department of Transportation, in
 1942         consultation with the Department of Economic
 1943         Opportunity, to make and approve expenditures and
 1944         enter into contracts with an appropriate governmental
 1945         body for the direct costs of transportation projects;
 1946         providing definitions; authorizing the Department of
 1947         Economic Opportunity and the Department of
 1948         Environmental Protection to review and comment on
 1949         recommended transportation projects; providing
 1950         criteria that the Department of Transportation must
 1951         follow when reviewing a contract for approval;
 1952         providing criteria for the transportation contract
 1953         with a governmental body; providing that Space Florida
 1954         may serve as a governmental body or as a contracting
 1955         agency for transportation projects within spaceport
 1956         territory; requiring each governmental body to submit
 1957         a financial audit by an independent certified public
 1958         accountant to the department; requiring that the
 1959         department monitor each construction site receiving
 1960         funding; assigning and transferring the rights and
 1961         obligations of the Department of Economic Opportunity
 1962         under certain contracts to the Department of
 1963         Transportation; requiring the contracts to be
 1964         administered by the Department of Transportation;
 1965         creating s. 339.2825, F.S.; requiring the Department
 1966         of Transportation to submit a summary of proposed
 1967         public-private transportation projects to the
 1968         Executive Office of the Governor, each legislative
 1969         appropriations committee, the President of the Senate,
 1970         and the Speaker of the House of Representatives;
 1971         providing criteria for the summary; providing for the
 1972         department to proceed with a project upon approval by
 1973         the Governor; prohibiting the Governor from approving
 1974         a transportation project if a legislative
 1975         appropriations committee, the President of the Senate,
 1976         or the Speaker of the House of Representatives objects
 1977         within a certain period after receipt of the summary;
 1978         providing for receipt by the department of an
 1979         unsolicited proposal for certain transportation
 1980         projects; exempting a public-private partnership
 1981         agreement involving the lease of a toll facility from
 1982         the requirements of the approval process; amending s.
 1983         339.63, F.S.; adding military access facilities to the
 1984         types of facilities included in the Strategic
 1985         Intermodal System and the Emerging Strategic
 1986         Intermodal System which form components of an
 1987         interconnected transportation system; providing that
 1988         an intermodal logistics center meeting certain
 1989         criteria shall be designated as part of the Strategic
 1990         Intermodal System; providing for a waiver of
 1991         transportation concurrency for such facility if it is
 1992         located within a described area; amending s. 348.7546,
 1993         F.S.; authorizing the Orlando-Orange County Expressway
 1994         Authority to construct, finance, operate, own, and
 1995         maintain those portions of the Wekiva Parkway which
 1996         are identified by agreement between the authority and
 1997         the department; providing that the authority’s
 1998         exercise of certain condemnation powers or acquisition
 1999         of any property; requiring the authority to repay
 2000         certain expenditures by the department; requiring that
 2001         the funds paid to the department be allocated for
 2002         construction of the Wekiva Parkway; providing that the
 2003         department’s obligations to construction certain
 2004         portions of the Wekiva Parkway are contingent upon
 2005         timely payment by the authority and receipt of all
 2006         required permits and approvals; amending s. 348.755,
 2007         F.S.; prohibiting the authority from issuing any
 2008         bonds, except as permitted under the terms of a
 2009         certain memorandum of understanding between the
 2010         authority and the department; amending s. 348.757,
 2011         F.S.; limiting certain authorized lease-purchase
 2012         agreements; providing for the termination of the
 2013         department’s obligations under certain lease-purchase
 2014         agreements; amending s. 369.317, F.S.; providing for
 2015         the Department of Environmental Protection to have
 2016         exclusive permitting authority for certain activities
 2017         associated with the Wekiva Parkway and related
 2018         transportation facilities; requiring the department to
 2019         locate the precise corridor and interchanges for the
 2020         Wekiva Parkway to be located in Seminole County;
 2021         amending s. 377.809, F.S.; conforming a cross
 2022         reference; transferring funds and all future payments
 2023         of obligated funds in the Toll Facilities Revolving
 2024         Trust Fund to the State Transportation Trust Fund;
 2025         requiring that a challenge to a consolidated
 2026         environmental resource permit or an associated
 2027         variance or a sovereign submerged lands authorization
 2028         proposed or issued by the Department of Environmental
 2029         Protection in connection with the state’s deepwater
 2030         ports be conducted pursuant to certain summary hearing
 2031         provisions; providing a timeframe when the summary
 2032         proceeding must be conducted; requiring the
 2033         administrative law judge’s decision be in the form of
 2034         a recommended order; providing that the recommended
 2035         order does not constitute final agency action of the
 2036         department; requiring the department to issue the
 2037         final order within 45 working days after receipt of
 2038         the recommended order; providing exceptions for
 2039         pending administrative proceedings; providing
 2040         effective dates.