ENROLLED
2012 Legislature SB 1998, 2nd Engrossed
20121998er
1
2 An act relating to transportation; repealing s.
3 288.063, F.S., relating to contract requirements for
4 transportation projects; amending s. 288.0656, F.S.;
5 conforming a cross-reference; revising the title of
6 ch. 311, F.S.; amending s. 311.07, F.S.; revising
7 provisions for the financing of port transportation or
8 port facilities projects; increasing funding for the
9 Florida Seaport Transportation and Economic
10 Development Program; directing the Florida Seaport
11 Transportation and Economic Development Council to
12 develop guidelines for project funding; directing
13 council staff, the Department of Transportation, and
14 the Department of Economic Opportunity to work in
15 cooperation to review projects and allocate funds as
16 specified; revising certain authorized uses of program
17 funds; revising the list of projects eligible for
18 funding under the program; removing a cap on
19 distribution of program funds; removing a requirement
20 for a specified audit; authorizing the Department of
21 Transportation to subject projects funded under the
22 program to a specified audit; amending s. 311.09,
23 F.S.; revising provisions for rules of the council for
24 evaluating certain projects; removing provisions for
25 review by the Department of Community Affairs of the
26 list of projects approved by the council; revising
27 provisions for review and evaluation of such projects
28 by the Department of Transportation and the Department
29 of Economic Opportunity; increasing the amount of
30 funding the Department of Transportation is required
31 to include in its annual legislative budget request
32 for the Florida Seaport Transportation and Economic
33 Development Program; revising provisions relating to
34 funding to be included in the budget; creating s.
35 311.10, F.S.; establishing the Strategic Port
36 Investment Initiative within the Department of
37 Transportation; providing for a minimum annual amount
38 from the State Transportation Trust Fund to fund the
39 initiative; directing the department to work with
40 deepwater ports to develop and maintain a priority
41 list of strategic investment projects; providing
42 project selection criteria; requiring the department
43 to schedule a publicly noticed workshop with the
44 Department of Economic Opportunity and the deepwater
45 ports to review the proposed projects; directing the
46 department to finalize a prioritized list of potential
47 projects after considering comments received in the
48 workshop; directing the department to include the
49 proposed seaport projects in the tentative work
50 program; creating s. 311.101, F.S.; creating the
51 Intermodal Logistics Center Infrastructure Support
52 Program within the Department of Transportation;
53 providing purpose of the program; defining the term
54 “intermodal logistics center”; providing criteria for
55 consideration by the department when evaluating
56 projects for program assistance; directing the
57 department to coordinate and consult with the
58 Department of Economic Opportunity in the selection of
59 projects to be funded; authorizing the department to
60 administer contracts on behalf of the entity selected
61 to receive funding; providing for the department’s
62 share of project costs; providing for a certain amount
63 of funds in the State Transportation Trust Fund to be
64 made available for eligible projects; directing the
65 department to include the proposed projects in the
66 tentative work program; authorizing the department to
67 adopt rules; amending s. 311.22, F.S.; conforming a
68 cross-reference; amending s. 316.302, F.S.; requiring
69 owners or drivers of commercial motor vehicles that
70 are engaged in intrastate commerce to be subject to
71 specified federal rules and regulations as such rules
72 and regulations existed on a certain date; providing
73 that certain restrictions on the number of consecutive
74 hours that a commercial motor vehicle may operate do
75 not apply to a farm labor vehicle operated during a
76 state of emergency or during an emergency pertaining
77 to agriculture; correcting terminology; amending s.
78 318.14, F.S.; authorizing a person who does not hold a
79 commercial driver license and who is cited for a
80 noncriminal traffic infraction while driving a
81 noncommercial motor vehicle to elect to attend a basic
82 driver improvement course in lieu of a court
83 appearance; authorizing a person who does not hold a
84 commercial driver license and who is cited for certain
85 offenses while driving a noncommercial motor vehicle
86 to elect to enter a plea of nolo contendere and to
87 provide proof of compliance in lieu of payment of fine
88 or court appearance; amending s. 319.32, F.S.;
89 increasing the amount of the fees deposited into the
90 State Transportation Trust Fund from original and
91 duplicate certificates of title issued for motor
92 vehicles; specifying the allocation and purposes of
93 funds received from increasing the amount of the fees
94 from original and duplicate certificates of title
95 issued for motor vehicles; providing for the transfer
96 of funds to the State Transportation Trust Fund that
97 result from increased revenues from the seaport
98 programs; amending s. 320.20, F.S.; conforming
99 provisions to changes made by the act; repealing s.
100 320.204, F.S., relating to the transfer of funds from
101 the Highway Safety Operating Trust Fund to the
102 Transportation Disadvantaged Trust Fund; amending s.
103 322.07, F.S.; revising provisions relating to
104 temporary commercial instruction permits; amending s.
105 322.53, F.S.; revising an exemption from the
106 requirement to obtain a commercial driver license for
107 farmers transporting agricultural products, farm
108 supplies, or farm machinery under certain
109 circumstances; providing that such exemption applies
110 if the vehicle is not used in the operations of a
111 common or contract motor carrier; amending s. 322.54,
112 F.S.; requiring that persons who drive a motor vehicle
113 having a gross vehicle weight rating or gross vehicle
114 weight of a specified amount or more possess certain
115 classifications of driver licenses; amending s.
116 322.59, F.S.; revising provisions relating to the
117 possession of a medical examiner’s certificate;
118 requiring that the department disqualify a driver from
119 operating a commercial motor vehicle if the driver
120 holds a commercial driver license and fails to comply
121 with the medical certification requirements;
122 authorizing the department to issue, under certain
123 circumstances, a Class E driver license to a person
124 who is disqualified from operating a commercial motor
125 vehicle; amending s. 322.61, F.S.; revising provisions
126 relating to the disqualification from operating a
127 commercial motor vehicle; providing that any holder of
128 a commercial driver license who is convicted of two
129 violations committed while operating any motor vehicle
130 is permanently disqualified from operating a
131 commercial motor vehicle; amending s. 334.30, F.S.,
132 relating to public-private transportation facilities;
133 deleting obsolete provisions relating to the Toll
134 Facilities Revolving Trust Fund; amending s. 335.074,
135 F.S., relating to bridge safety inspection reports;
136 requiring the governmental entity having maintenance
137 responsibility for a bridge to reduce the maximum
138 weight, size, or speed limit for the bridge or to
139 close the bridge upon receipt of a report recommending
140 the reduction or closure; requiring the entity to post
141 the reduced limits and notify the department;
142 requiring the department to post the reduced limits or
143 to close the bridge under certain circumstances;
144 requiring costs associated with the department posting
145 the revised limits or closure of the bridge to be
146 assessed against and collected from the governmental
147 entity; creating s. 338.151, F.S.; authorizing the
148 department to establish tolls on certain
149 transportation facilities to pay for the cost of such
150 project; prohibiting the department from establishing
151 tolls on certain lanes of limited access facilities;
152 providing an exception; providing for application;
153 amending s. 338.155, F.S.; authorizing the department
154 adopt rules to allow public transit vehicles and
155 certain military-service-related funeral processions
156 to use certain toll facilities without payment of
157 tolls; amending s. 338.161, F.S.; authorizing the
158 Department of Transportation to enter into certain
159 agreements with a public or private transportation
160 facility owner if it can increase nontoll revenues or
161 add convenience or other value; providing criteria;
162 amending s. 338.165, F.S.; authorizing the Department
163 of Transportation to transfer the Beachline-East
164 Expressway to the turnpike system; providing for the
165 deposit of any funds expended by the Florida Turnpike
166 Enterprise for the acquisition of the Beachline-East
167 Expressway into the State Transportation Trust Fund
168 for allocation to construct the Wekiva Parkway;
169 defining the term “Wekiva Parkway”; amending s.
170 338.166, F.S.; revising a provision for issuance of
171 bonds secured by toll revenues collected on high
172 occupancy toll lanes or express lanes; revising
173 authorized uses of such toll revenues; providing
174 restrictions on such use; amending s. 338.221, F.S.;
175 revising the definition of the term “economically
176 feasible” for purposes of proposed turnpike projects;
177 amending s. 338.223, F.S.; revising provisions for
178 department requests for legislative approval of
179 proposed turnpike projects; conforming a cross
180 reference; repealing s. 338.251, F.S., relating to the
181 Toll Facilities Revolving Trust Fund; amending s.
182 339.08, F.S.; conforming a cross-reference; creating
183 s. 339.139, F.S.; declaring that management of
184 transportation infrastructure financing to ensure the
185 fiscal integrity of the State Transportation Trust
186 Fund is state policy; requiring that the department
187 provide a debt and debtlike contractual obligations
188 load report to the Executive Office of the Governor,
189 the President of the Senate, the Speaker of the House
190 of Representatives, and the legislative appropriations
191 committees; requiring that the load report provide
192 certain data; requiring that the department manage
193 levels of debt to ensure that no more than a certain
194 percentage of revenues is committed; providing
195 exceptions that allow the limitation to be exceeded;
196 requiring that the department prepare a report on debt
197 obligations that are secured by and payable from
198 pledged revenues; requiring that the department
199 provide the report to the Executive Office of the
200 Governor, the President of the Senate, the Speaker of
201 the House of Representatives, and the legislative
202 appropriations committees; creating s. 339.2821, F.S.;
203 authorizing the Department of Transportation, in
204 consultation with the Department of Economic
205 Opportunity, to make and approve expenditures and
206 enter into contracts with an appropriate governmental
207 body for the direct costs of transportation projects;
208 providing definitions; authorizing the Department of
209 Economic Opportunity and the Department of
210 Environmental Protection to review and comment on
211 recommended transportation projects; providing
212 criteria that the Department of Transportation must
213 follow when reviewing a contract for approval;
214 providing criteria for the transportation contract
215 with a governmental body; providing that Space Florida
216 may serve as a governmental body or as a contracting
217 agency for transportation projects within spaceport
218 territory; requiring each governmental body to submit
219 a financial audit by an independent certified public
220 accountant to the department; requiring that the
221 department monitor each construction site receiving
222 funding; assigning and transferring the rights and
223 obligations of the Department of Economic Opportunity
224 under certain contracts to the Department of
225 Transportation; requiring the contracts to be
226 administered by the Department of Transportation;
227 creating s. 339.2825, F.S.; requiring the Department
228 of Transportation to submit a summary of proposed
229 public-private transportation projects to the
230 Executive Office of the Governor, each legislative
231 appropriations committee, the President of the Senate,
232 and the Speaker of the House of Representatives;
233 providing criteria for the summary; providing for the
234 department to proceed with a project upon approval by
235 the Governor; prohibiting the Governor from approving
236 a transportation project if a legislative
237 appropriations committee, the President of the Senate,
238 or the Speaker of the House of Representatives objects
239 within a certain period after receipt of the summary;
240 providing for receipt by the department of an
241 unsolicited proposal for certain transportation
242 projects; exempting a public-private partnership
243 agreement involving the lease of a toll facility from
244 the requirements of the approval process; amending s.
245 339.63, F.S.; adding military access facilities to the
246 types of facilities included in the Strategic
247 Intermodal System and the Emerging Strategic
248 Intermodal System which form components of an
249 interconnected transportation system; providing that
250 an intermodal logistics center meeting certain
251 criteria shall be designated as part of the Strategic
252 Intermodal System; providing for a waiver of
253 transportation concurrency for such facility if it is
254 located within a described area; amending s. 348.7546,
255 F.S.; authorizing the Orlando-Orange County Expressway
256 Authority to construct, finance, operate, own, and
257 maintain those portions of the Wekiva Parkway which
258 are identified by agreement between the authority and
259 the department; providing that the authority’s
260 exercise of certain condemnation powers or acquisition
261 of any property; requiring the authority to repay
262 certain expenditures by the department; requiring that
263 the funds paid to the department be allocated for
264 construction of the Wekiva Parkway; providing that the
265 department’s obligations to construct certain portions
266 of the Wekiva Parkway are contingent upon timely
267 payment by the authority and receipt of all required
268 permits and approvals; amending s. 348.755, F.S.;
269 prohibiting the authority from issuing any bonds,
270 except as permitted under the terms of a certain
271 memorandum of understanding between the authority and
272 the department; amending s. 348.757, F.S.; limiting
273 certain authorized lease-purchase agreements;
274 providing for the termination of the department’s
275 obligations under certain lease-purchase agreements;
276 amending s. 369.317, F.S.; providing for the
277 Department of Environmental Protection to have
278 exclusive permitting authority for certain activities
279 associated with the Wekiva Parkway and related
280 transportation facilities; requiring the department to
281 locate the precise corridor and interchanges for the
282 Wekiva Parkway to be located in Seminole County;
283 amending s. 377.809, F.S.; conforming a cross
284 reference; transferring funds and all future payments
285 of obligated funds in the Toll Facilities Revolving
286 Trust Fund to the State Transportation Trust Fund;
287 requiring that a challenge to a consolidated
288 environmental resource permit or an associated
289 variance or a sovereign submerged lands authorization
290 proposed or issued by the Department of Environmental
291 Protection in connection with the state’s deepwater
292 ports be conducted pursuant to certain summary hearing
293 provisions; providing a timeframe when the summary
294 proceeding must be conducted; requiring the
295 administrative law judge’s decision be in the form of
296 a recommended order; providing that the recommended
297 order does not constitute final agency action of the
298 department; requiring the department to issue the
299 final order within 45 working days after receipt of
300 the recommended order; providing exceptions for
301 pending administrative proceedings; providing
302 effective dates.
303
304 Be It Enacted by the Legislature of the State of Florida:
305
306 Section 1. Section 288.063, Florida Statutes, is repealed.
307 Section 2. Paragraph (a) of subsection (7) of section
308 288.0656, Florida Statutes, is amended to read:
309 288.0656 Rural Economic Development Initiative.—
310 (7)(a) REDI may recommend to the Governor up to three rural
311 areas of critical economic concern. The Governor may by
312 executive order designate up to three rural areas of critical
313 economic concern which will establish these areas as priority
314 assignments for REDI as well as to allow the Governor, acting
315 through REDI, to waive criteria, requirements, or similar
316 provisions of any economic development incentive. Such
317 incentives shall include, but not be limited to: the Qualified
318 Target Industry Tax Refund Program under s. 288.106, the Quick
319 Response Training Program under s. 288.047, the Quick Response
320 Training Program for participants in the welfare transition
321 program under s. 288.047(8), transportation projects under s.
322 339.2821 288.063, the brownfield redevelopment bonus refund
323 under s. 288.107, and the rural job tax credit program under ss.
324 212.098 and 220.1895.
325 Section 3. Chapter 311, Florida Statutes, is retitled
326 “SEAPORT PROGRAMS AND FACILITIES.”
327 Section 4. Section 311.07, Florida Statutes, is amended to
328 read:
329 311.07 Florida seaport transportation and economic
330 development funding.—
331 (1) There is created the Florida Seaport Transportation and
332 Economic Development Program within the Department of
333 Transportation to finance port transportation or port facilities
334 projects that will improve the movement and intermodal
335 transportation of cargo or passengers in commerce and trade and
336 that will support the interests, purposes, and requirements of
337 the ports listed in s. 311.09 located in this state.
338 (2) A minimum of $15 $8 million per year shall be made
339 available from the State Transportation Trust Fund to fund the
340 Florida Seaport Transportation and Economic Development Program.
341 The Florida Seaport Transportation and Economic Development
342 Council created in s. 311.09 shall develop guidelines for
343 project funding. Council staff, the Department of
344 Transportation, and the Department of Economic Opportunity shall
345 work in cooperation to review projects and allocate funds in
346 accordance with the schedule required for the Department of
347 Transportation to include these projects in the tentative work
348 program developed pursuant to s. 339.135(4).
349 (3)(a) Florida Seaport Transportation and Economic
350 Development Program funds shall be used to fund approved
351 projects on a 50-50 matching basis with any of the deepwater
352 ports, as listed in s. 311.09 s. 403.021(9)(b), which is
353 governed by a public body or any other deepwater port which is
354 governed by a public body and which complies with the water
355 quality provisions of s. 403.061, the comprehensive master plan
356 requirements of s. 163.3178(2)(k), and the local financial
357 management and reporting provisions of part III of chapter 218.
358 However, program funds used to fund projects that involve the
359 rehabilitation of wharves, docks, berths, bulkheads, or similar
360 structures shall require a 25-percent match of funds. Program
361 funds also may be used by the Seaport Transportation and
362 Economic Development Council for data and analysis that to
363 develop trade data information products which will assist
364 Florida’s seaports and international trade.
365 (b) Projects eligible for funding by grants under the
366 program are limited to the following port facilities or port
367 transportation projects:
368 1. Transportation facilities within the jurisdiction of the
369 port.
370 2. The dredging or deepening of channels, turning basins,
371 or harbors.
372 3. The construction or rehabilitation of wharves, docks,
373 structures, jetties, piers, storage facilities, cruise
374 terminals, automated people mover systems, or any facilities
375 necessary or useful in connection with any of the foregoing.
376 4. The acquisition of vessel tracking systems, container
377 cranes, or other mechanized equipment used in the movement of
378 cargo or passengers in international commerce.
379 5. The acquisition of land to be used for port purposes.
380 6. The acquisition, improvement, enlargement, or extension
381 of existing port facilities.
382 7. Environmental protection projects which are necessary
383 because of requirements imposed by a state agency as a condition
384 of a permit or other form of state approval; which are necessary
385 for environmental mitigation required as a condition of a state,
386 federal, or local environmental permit; which are necessary for
387 the acquisition of spoil disposal sites and improvements to
388 existing and future spoil sites; or which result from the
389 funding of eligible projects listed in this paragraph.
390 8. Transportation facilities as defined in s. 334.03(31)
391 which are not otherwise part of the Department of
392 Transportation’s adopted work program.
393 9. Seaport Intermodal access projects identified in the 5
394 year Florida Seaport Mission Plan as provided in s. 311.09(3).
395 10. Construction or rehabilitation of port facilities as
396 defined in s. 315.02, excluding any park or recreational
397 facilities, in ports listed in s. 311.09(1) with operating
398 revenues of $5 million or less, provided that such projects
399 create economic development opportunities, capital improvements,
400 and positive financial returns to such ports.
401 11. Seaport master plan or strategic plan development or
402 updates, including the purchase of data to support such plans.
403 (c) To be eligible for consideration by the council
404 pursuant to this section, a project must be consistent with the
405 port comprehensive master plan which is incorporated as part of
406 the approved local government comprehensive plan as required by
407 s. 163.3178(2)(k) or other provisions of the Community Planning
408 Act, part II of chapter 163.
409 (4) A port eligible for matching funds under the program
410 may receive a distribution of not more than $7 million during
411 any 1 calendar year and a distribution of not more than $30
412 million during any 5-calendar-year period.
413 (4)(5) Any port which receives funding under the program
414 shall institute procedures to ensure that jobs created as a
415 result of the state funding shall be subject to equal
416 opportunity hiring practices in the manner provided in s.
417 110.112.
418 (5)(6) The Department of Transportation may shall subject
419 any project that receives funds pursuant to this section and s.
420 320.20 to a final audit. The department may adopt rules and
421 perform such other acts as are necessary or convenient to ensure
422 that the final audits are conducted and that any deficiency or
423 questioned costs noted by the audit are resolved.
424 Section 5. Subsections (4) through (13) of section 311.09,
425 Florida Statutes, are amended to read:
426 311.09 Florida Seaport Transportation and Economic
427 Development Council.—
428 (4) The council shall adopt rules for evaluating projects
429 which may be funded under ss. 311.07 and 320.20. The rules shall
430 provide criteria for evaluating the potential project,
431 including, but not limited to, such factors as consistency with
432 appropriate plans, economic benefit, readiness for construction,
433 noncompetition with other Florida ports, and capacity within the
434 seaport system economic benefit of the project, measured by the
435 potential for the proposed project to maintain or increase cargo
436 flow, cruise passenger movement, international commerce, port
437 revenues, and the number of jobs for the port’s local community.
438 (5) The council shall review and approve or disapprove each
439 project eligible to be funded pursuant to the Florida Seaport
440 Transportation and Economic Development Program. The council
441 shall annually submit to the Secretary of Transportation and the
442 executive director of the Department of Economic Opportunity, or
443 his or her designee, a list of projects which have been approved
444 by the council. The list shall specify the recommended funding
445 level for each project; and, if staged implementation of the
446 project is appropriate, the funding requirements for each stage
447 shall be specified.
448 (6) The Department of Community Affairs shall review the
449 list of projects approved by the council to determine
450 consistency with approved local government comprehensive plans
451 of the units of local government in which the port is located
452 and consistency with the port master plan. The Department of
453 Community Affairs shall identify and notify the council of those
454 projects which are not consistent, to the maximum extent
455 feasible, with such comprehensive plans and port master plans.
456 (6)(7) The Department of Transportation shall review the
457 list of project applications projects approved by the council
458 for consistency with the Florida Transportation Plan, the
459 Statewide Seaport and Waterways System Plan, and the
460 department’s adopted work program. In evaluating the consistency
461 of a project, the department shall assess the transportation
462 impacts and economic benefits for each project determine whether
463 the transportation impact of the proposed project is adequately
464 handled by existing state-owned transportation facilities or by
465 the construction of additional state-owned transportation
466 facilities as identified in the Florida Transportation Plan and
467 the department’s adopted work program. In reviewing for
468 consistency a transportation facility project as defined in s.
469 334.03(31) which is not otherwise part of the department’s work
470 program, the department shall evaluate whether the project is
471 needed to provide for projected movement of cargo or passengers
472 from the port to a state transportation facility or local road.
473 If the project is needed to provide for projected movement of
474 cargo or passengers, the project shall be approved for
475 consistency as a consideration to facilitate the economic
476 development and growth of the state in a timely manner. The
477 Department of Transportation shall identify those projects that
478 which are inconsistent with the Florida Transportation Plan, the
479 Statewide Seaport and Waterways System Plan, or and the adopted
480 work program and shall notify the council of projects found to
481 be inconsistent.
482 (7)(8) The Department of Economic Opportunity shall review
483 the list of project applications projects approved by the
484 council to evaluate the economic benefit of the project and to
485 determine whether the project is consistent with the Florida
486 Seaport Mission Plan and with state economic development goals
487 and policies. The Department of Economic Opportunity shall
488 review the proposed project’s consistency with state, regional,
489 and local plans, as appropriate, and the economic benefits of
490 each project based upon the rules adopted pursuant to subsection
491 (4). The Department of Economic Opportunity shall identify those
492 projects that which it has determined do not offer an economic
493 benefit to the state, are not consistent with an appropriate
494 plan, or are not consistent with the Florida Seaport Mission
495 Plan or state economic development goals and policies and shall
496 notify the council of its findings.
497 (8)(9) The council shall review the findings of the
498 Department of Economic Opportunity and the Department of
499 Transportation. Projects found to be inconsistent pursuant to
500 subsections (6), or (7), and (8) or and projects that which have
501 been determined not to offer an economic benefit to the state
502 pursuant to subsection (7) (8) may shall not be included in the
503 list of projects to be funded.
504 (9)(10) The Department of Transportation shall include no
505 less than $15 million per year in its annual legislative budget
506 request for the a Florida Seaport Transportation and Economic
507 Development grant Program funded under s. 311.07 for expenditure
508 of funds of not less than $8 million per year. Such budget shall
509 include funding for projects approved by the council which have
510 been determined by each agency to be consistent and which have
511 been determined by the Department of Economic Opportunity to be
512 economically beneficial. The department shall include the
513 specific approved Florida Seaport Transportation and Economic
514 Development Program seaport projects to be funded under s.
515 311.07 this section during the ensuing fiscal year in the
516 tentative work program developed pursuant to s. 339.135(4). The
517 total amount of funding to be allocated to Florida Seaport
518 Transportation and Economic Development Program seaport projects
519 under s. 311.07 during the successive 4 fiscal years shall also
520 be included in the tentative work program developed pursuant to
521 s. 339.135(4). The council may submit to the department a list
522 of approved projects that could be made production-ready within
523 the next 2 years. The list shall be submitted by the department
524 as part of the needs and project list prepared pursuant to s.
525 339.135(2)(b). However, the department shall, upon written
526 request of the Florida Seaport Transportation and Economic
527 Development Council, submit work program amendments pursuant to
528 s. 339.135(7) to the Governor within 10 days after the later of
529 the date the request is received by the department or the
530 effective date of the amendment, termination, or closure of the
531 applicable funding agreement between the department and the
532 affected seaport, as required to release the funds from the
533 existing commitment. Notwithstanding s. 339.135(7)(c), any work
534 program amendment to transfer prior year funds from one approved
535 seaport project to another seaport project is subject to the
536 procedures in s. 339.135(7)(d). Notwithstanding any provision of
537 law to the contrary, the department may transfer unexpended
538 budget between the seaport projects as identified in the
539 approved work program amendments.
540 (10)(11) The council shall meet at the call of its
541 chairperson, at the request of a majority of its membership, or
542 at such times as may be prescribed in its bylaws. However, the
543 council must meet at least semiannually. A majority of voting
544 members of the council constitutes a quorum for the purpose of
545 transacting the business of the council. All members of the
546 council are voting members. A vote of the majority of the voting
547 members present is sufficient for any action of the council,
548 except that a member representing the Department of
549 Transportation or the Department of Economic Opportunity may
550 vote to overrule any action of the council approving a project
551 pursuant to subsection (5). The bylaws of the council may
552 require a greater vote for a particular action.
553 (11)(12) Members of the council shall serve without
554 compensation but are entitled to receive reimbursement for per
555 diem and travel expenses as provided in s. 112.061. The council
556 may elect to provide an administrative staff to provide services
557 to the council on matters relating to the Florida Seaport
558 Transportation and Economic Development Program and the council.
559 The cost for such administrative services shall be paid by all
560 ports that receive funding from the Florida Seaport
561 Transportation and Economic Development Program, based upon a
562 pro rata formula measured by each recipient’s share of the funds
563 as compared to the total funds disbursed to all recipients
564 during the year. The share of costs for administrative services
565 shall be paid in its total amount by the recipient port upon
566 execution by the port and the Department of Transportation of a
567 joint participation agreement for each council-approved project,
568 and such payment is in addition to the matching funds required
569 to be paid by the recipient port. Except as otherwise exempted
570 by law, all moneys derived from the Florida Seaport
571 Transportation and Economic Development Program shall be
572 expended in accordance with the provisions of s. 287.057.
573 Seaports subject to competitive negotiation requirements of a
574 local governing body shall abide by the provisions of s.
575 287.055.
576 (12)(13) Until July 1, 2014, Citrus County may apply for a
577 grant through the Florida Seaport Transportation and Economic
578 Development Council to perform a feasibility study regarding the
579 establishment of a port in Citrus County. The council shall
580 evaluate such application pursuant to subsections (5)-(8) (5)
581 (9) and, if approved, the Department of Transportation shall
582 include the feasibility study in its budget request pursuant to
583 subsection (9) (10). If the study determines that a port in
584 Citrus County is not feasible, the membership of Port Citrus on
585 the council shall terminate.
586 Section 6. Section 311.10, Florida Statutes, is created to
587 read:
588 311.10 Strategic Port Investment Initiative.—
589 (1) There is created the Strategic Port Investment
590 Initiative within the Department of Transportation. Beginning in
591 fiscal year 2012-2013, a minimum of $35 million annually shall
592 be made available from the State Transportation Trust Fund to
593 fund the Strategic Port Investment Initiative. The Department of
594 Transportation shall work with the deepwater ports listed in s.
595 311.09 to develop and maintain a priority list of strategic
596 investment projects. Project selection shall be based on
597 projects that meet the state’s economic development goal of
598 becoming a hub for trade, logistics, and export-oriented
599 activities by:
600 (a) Providing important access and major on-port capacity
601 improvements;
602 (b) Providing capital improvements to strategically
603 position the state to maximize opportunities in international
604 trade, logistics, or the cruise industry;
605 (c) Achieving state goals of an integrated intermodal
606 transportation system; and
607 (d) Demonstrating the feasibility and availability of
608 matching funds through local or private partners.
609 (2) Before making final project allocations, the Department
610 of Transportation shall schedule a publicly noticed workshop
611 with the Department of Economic Opportunity and the deepwater
612 ports listed in s. 311.09 to review the proposed projects. After
613 considering the comments received, the Department of
614 Transportation shall finalize a prioritized list of potential
615 projects.
616 (3) The Department of Transportation shall, to the maximum
617 extent feasible, include the seaport projects proposed to be
618 funded under this section in the tentative work program
619 developed under s. 339.135(4).
620 Section 7. Section 311.101, Florida Statutes, is created to
621 read:
622 311.101 Intermodal Logistics Center Infrastructure Support
623 Program.—
624 (1) There is created within the Department of
625 Transportation the Intermodal Logistics Center Infrastructure
626 Support Program. The purpose of the program is to provide funds
627 for roads, rail facilities, or other means for the conveyance or
628 shipment of goods through a seaport, thereby enabling the state
629 to respond to private sector market demands and meet the state’s
630 economic development goal of becoming a hub for trade,
631 logistics, and export-oriented activities. The department may
632 provide funds to assist with local government projects or
633 projects performed by private entities which meet the public
634 purpose of enhancing transportation facilities for the
635 conveyance or shipment of goods through a seaport to or from an
636 intermodal logistics center.
637 (2) As used in this section, the term “intermodal logistics
638 center” means a facility or group of facilities, including, but
639 not limited to, an inland port, serving as a point of intermodal
640 transfer of freight in a specific area physically separated from
641 a seaport where activities relating to transport, logistics,
642 goods distribution, consolidation, or value-added activities are
643 carried out and whose activities and services are designed to
644 support or be supported by conveyance or shipping through one or
645 more seaports listed in s. 311.09.
646 (3) The department must consider, but is not limited to,
647 the following criteria when evaluating a project for Intermodal
648 Logistics Center Infrastructure Support Program assistance:
649 (a) The ability of the project to serve a strategic state
650 interest.
651 (b) The ability of the project to facilitate the cost
652 effective and efficient movement of goods.
653 (c) The extent to which the project contributes to economic
654 activity, including job creation, increased wages, and revenues.
655 (d) The extent to which the project efficiently interacts
656 with and supports the transportation network.
657 (e) A commitment of a funding match.
658 (f) The amount of investment or commitments made by the
659 owner or developer of the existing or proposed facility.
660 (g) The extent to which the owner has commitments,
661 including memorandums of understanding or memorandums of
662 agreements, with private sector businesses planning to locate
663 operations at the intermodal logistics center.
664 (h) Demonstrated local financial support and commitment to
665 the project.
666 (4) The department shall coordinate and consult with the
667 Department of Economic Opportunity in the selection of projects
668 to be funded by this program.
669 (5) The department may administer contracts on behalf of
670 the entity selected to receive funding for a project under this
671 section.
672 (6) The department shall provide up to 50 percent of
673 project costs for eligible projects.
674 (7) Beginning in fiscal year 2012-2013, up to $5 million
675 per year shall be made available from the State Transportation
676 Trust Fund for the program. The Department of Transportation
677 shall include projects proposed to be funded under this section
678 in the tentative work program developed pursuant so s.
679 339.135(4).
680 (8) The Department of Transportation may adopt rules to
681 administer this section.
682 Section 8. Subsection (2) of section 311.22, Florida
683 Statutes, is amended to read:
684 311.22 Additional authorization for funding certain
685 dredging projects.—
686 (2) The council shall adopt rules for evaluating the
687 projects that may be funded pursuant to this section. The rules
688 must provide criteria for evaluating the economic benefit of the
689 project. The rules must include the creation of an
690 administrative review process by the council which is similar to
691 the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
692 provide for a review by the Department of Transportation and the
693 Department of Economic Opportunity of all projects submitted for
694 funding under this section.
695 Section 9. Paragraph (b) of subsection (1) and paragraph
696 (c) of subsection (2) of section 316.302, Florida Statutes, are
697 amended to read:
698 316.302 Commercial motor vehicles; safety regulations;
699 transporters and shippers of hazardous materials; enforcement.—
700 (1)
701 (b) Except as otherwise provided in this section, all
702 owners or drivers of commercial motor vehicles that are engaged
703 in intrastate commerce are subject to the rules and regulations
704 contained in 49 C.F.R. parts 382, 385, and 390-397, with the
705 exception of 49 C.F.R. s. 390.5 as it relates to the definition
706 of bus, as such rules and regulations existed on October 1, 2011
707 2009.
708 (2)
709 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
710 operates a commercial motor vehicle solely in intrastate
711 commerce not transporting any hazardous material in amounts that
712 require placarding pursuant to 49 C.F.R. part 172 may not drive
713 after having been on duty more than 70 hours in any period of 7
714 consecutive days or more than 80 hours in any period of 8
715 consecutive days if the motor carrier operates every day of the
716 week. Thirty-four consecutive hours off duty shall constitute
717 the end of any such period of 7 or 8 consecutive days. This
718 weekly limit does not apply to a person who operates a
719 commercial motor vehicle solely within this state while
720 transporting, during harvest periods, any unprocessed
721 agricultural products or unprocessed food or fiber that is
722 subject to seasonal harvesting from place of harvest to the
723 first place of processing or storage or from place of harvest
724 directly to market or while transporting livestock, livestock
725 feed, or farm supplies directly related to growing or harvesting
726 agricultural products. Upon request of the Department of Highway
727 Safety and Motor Vehicles Department of Transportation, motor
728 carriers shall furnish time records or other written
729 verification to that department so that the Department of
730 Highway Safety and Motor Vehicles Department of Transportation
731 can determine compliance with this subsection. These time
732 records must be furnished to the Department of Highway Safety
733 and Motor Vehicles Department of Transportation within 2 days
734 after receipt of that department’s request. Falsification of
735 such information is subject to a civil penalty not to exceed
736 $100. The provisions of this paragraph do not apply to operators
737 of farm labor vehicles operated during a state of emergency
738 declared by the Governor or operated pursuant to s. 570.07(21),
739 and do not apply to drivers of utility service vehicles as
740 defined in 49 C.F.R. s. 395.2.
741 Section 10. Subsections (9) and (10) of section 318.14,
742 Florida Statutes, are amended to read:
743 318.14 Noncriminal traffic infractions; exception;
744 procedures.—
745 (9) Any person who does not hold a commercial driver
746 driver’s license and who is cited while driving a noncommercial
747 motor vehicle for an infraction under this section other than a
748 violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
749 driver exceeds the posted limit by 30 miles per hour or more, s.
750 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
751 322.61, or s. 322.62 may, in lieu of a court appearance, elect
752 to attend in the location of his or her choice within this state
753 a basic driver improvement course approved by the Department of
754 Highway Safety and Motor Vehicles. In such a case, adjudication
755 must be withheld and points, as provided by s. 322.27, may not
756 be assessed. However, a person may not make an election under
757 this subsection if the person has made an election under this
758 subsection in the preceding 12 months. A person may not make no
759 more than five elections within his or her lifetime under this
760 subsection. The requirement for community service under s.
761 318.18(8) is not waived by a plea of nolo contendere or by the
762 withholding of adjudication of guilt by a court. If a person
763 makes an election to attend a basic driver improvement course
764 under this subsection, 18 percent of the civil penalty imposed
765 under s. 318.18(3) shall be deposited in the State Courts
766 Revenue Trust Fund; however, that portion is not revenue for
767 purposes of s. 28.36 and may not be used in establishing the
768 budget of the clerk of the court under that section or s. 28.35.
769 (10)(a) Any person who does not hold a commercial driver
770 driver’s license and who is cited while driving a noncommercial
771 motor vehicle for an offense listed under this subsection may,
772 in lieu of payment of fine or court appearance, elect to enter a
773 plea of nolo contendere and provide proof of compliance to the
774 clerk of the court, designated official, or authorized operator
775 of a traffic violations bureau. In such case, adjudication shall
776 be withheld; however, a person may not make an no election shall
777 be made under this subsection if the such person has made an
778 election under this subsection in the preceding 12 months
779 preceding election hereunder. A No person may not make more than
780 three elections under this subsection. This subsection applies
781 to the following offenses:
782 1. Operating a motor vehicle without a valid driver
783 driver’s license in violation of the provisions of s. 322.03, s.
784 322.065, or s. 322.15(1), or operating a motor vehicle with a
785 license that has been suspended for failure to appear, failure
786 to pay civil penalty, or failure to attend a driver improvement
787 course pursuant to s. 322.291.
788 2. Operating a motor vehicle without a valid registration
789 in violation of s. 320.0605, s. 320.07, or s. 320.131.
790 3. Operating a motor vehicle in violation of s. 316.646.
791 4. Operating a motor vehicle with a license that has been
792 suspended under s. 61.13016 or s. 322.245 for failure to pay
793 child support or for failure to pay any other financial
794 obligation as provided in s. 322.245; however, this subparagraph
795 does not apply if the license has been suspended pursuant to s.
796 322.245(1).
797 5. Operating a motor vehicle with a license that has been
798 suspended under s. 322.091 for failure to meet school attendance
799 requirements.
800 (b) Any person cited for an offense listed in this
801 subsection shall present proof of compliance before prior to the
802 scheduled court appearance date. For the purposes of this
803 subsection, proof of compliance shall consist of a valid,
804 renewed, or reinstated driver driver’s license or registration
805 certificate and proper proof of maintenance of security as
806 required by s. 316.646. Notwithstanding waiver of fine, any
807 person establishing proof of compliance shall be assessed court
808 costs of $25, except that a person charged with violation of s.
809 316.646(1)-(3) may be assessed court costs of $8. One dollar of
810 such costs shall be remitted to the Department of Revenue for
811 deposit into the Child Welfare Training Trust Fund of the
812 Department of Children and Family Services. One dollar of such
813 costs shall be distributed to the Department of Juvenile Justice
814 for deposit into the Juvenile Justice Training Trust Fund.
815 Fourteen dollars of such costs shall be distributed to the
816 municipality and $9 shall be deposited by the clerk of the court
817 into the fine and forfeiture fund established pursuant to s.
818 142.01, if the offense was committed within the municipality. If
819 the offense was committed in an unincorporated area of a county
820 or if the citation was for a violation of s. 316.646(1)-(3), the
821 entire amount shall be deposited by the clerk of the court into
822 the fine and forfeiture fund established pursuant to s. 142.01,
823 except for the moneys to be deposited into the Child Welfare
824 Training Trust Fund and the Juvenile Justice Training Trust
825 Fund. This subsection does shall not be construed to authorize
826 the operation of a vehicle without a valid driver driver’s
827 license, without a valid vehicle tag and registration, or
828 without the maintenance of required security.
829 Section 11. Section 319.32, Florida Statutes, is amended to
830 read:
831 319.32 Fees; service charges; disposition.—
832 (1) The department shall charge a fee of $70 for each
833 original certificate of title, except for a certificate of title
834 for a motor vehicle for hire registered under s. 320.08(6) for
835 which the title fee shall be $49; $70 for each duplicate copy of
836 a certificate of title, except for a certificate of title for a
837 motor vehicle for hire registered under s. 320.08(6) for which
838 the title fee shall be $49; $2 for each salvage certificate of
839 title; and $3 for each assignment by a lienholder. The
840 department shall also charge a fee of $2 for noting a lien on a
841 title certificate, which fee includes the services for the
842 subsequent issuance of a corrected certificate or cancellation
843 of lien when that lien is satisfied. If an application for a
844 certificate of title is for a vehicle that is required by s.
845 319.14(1)(b) to have a physical examination, the department
846 shall charge an additional fee of $40 for the initial
847 examination and $20 for each subsequent examination. The initial
848 examination fee shall be deposited into the General Revenue
849 Fund, and each subsequent examination fee shall be deposited
850 into the Highway Safety Operating Trust Fund. The physical
851 examination of the vehicle includes, but is not limited to,
852 verification of the vehicle identification number and
853 verification of the bill of sale or title for major components.
854 In addition to all other fees charged, a sum of $1 shall be paid
855 for the issuance of an original or duplicate certificate of
856 title to cover the cost of materials used for security purposes.
857 A service fee of $2.50, to be deposited into the Highway Safety
858 Operating Trust Fund, shall be charged for shipping and handling
859 for each paper title mailed by the department.
860 (2)(a) There shall be a service charge of $4.25 for each
861 application that which is handled in connection with the
862 issuance, duplication, or transfer of any certificate of title.
863 There shall be a service charge of $1.25 for each application
864 that which is handled in connection with the recordation or
865 notation of a lien on a motor vehicle or mobile home which is
866 not in connection with the purchase of such vehicle.
867 (b) The service charges specified in paragraph (a) shall be
868 collected by the department on any application handled directly
869 from its office. Otherwise, these service charges shall be
870 collected and retained by the tax collector who handles the
871 application.
872 (3) The department shall charge a fee of $10 in addition to
873 that charged in subsection (1) for each original certificate of
874 title issued for a vehicle previously registered outside this
875 state.
876 (4) The department shall charge a fee of $7 for each lien
877 placed on a motor vehicle by the state child support enforcement
878 program pursuant to s. 319.24.
879 (5)(a) Forty-seven dollars of each fee collected, except
880 for fees charged on a certificate of title for a motor vehicle
881 for hire registered under s. 320.08(6), for each applicable
882 original certificate of title and each applicable duplicate copy
883 of a certificate of title, after deducting the service charges
884 imposed by s. 215.20, shall be deposited into the State
885 Transportation Trust Fund. Deposits to the State Transportation
886 Trust Fund pursuant to this paragraph may not exceed $200
887 million in any fiscal year and any collections in excess of that
888 amount during the fiscal year shall be paid into the General
889 Revenue Fund.
890 (b) All fees collected pursuant to subsection (3) shall be
891 paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
892 each fee, except for fees charged on a certificate of title for
893 a motor vehicle for hire registered under s. 320.08(6), for each
894 applicable original certificate of title and each applicable
895 duplicate copy of a certificate of title, after deducting the
896 service charges imposed by s. 215.20, shall be deposited into
897 the State Transportation Trust Fund. All other fees collected by
898 the department under this chapter shall be paid into the General
899 Revenue Fund.
900 (6) Notwithstanding chapter 116, each every county officer
901 within this state authorized to collect funds provided for in
902 this chapter shall pay all sums officially received by the
903 officer into the State Treasury no later than 5 working days
904 after the close of the business day in which the officer
905 received the funds. Payment by county officers to the state
906 shall be made by means of electronic funds transfer.
907 Section 12. Funds that result from increased revenues to
908 the State Transportation Trust Fund derived from the amendments
909 to s. 319.32(5)(a), Florida Statutes, made by this act must be
910 used as follows, notwithstanding any other provision of law:
911 (1)(a) In the 2012-2013 fiscal year, $200 million, or
912 actual receipts up to $200 million, shall be transferred to the
913 General Revenue Fund.
914 (b) The Department of Transportation shall transfer the
915 actual receipts monthly to the General Revenue Fund. These
916 transfers shall be made in the month following the deposit of
917 those receipts into the State Transportation Trust Fund.
918 (2) Beginning in 2013-2014 fiscal year and annually for up
919 to 30 years thereafter, $10 million shall be for the purpose of
920 funding any seaport project identified in the adopted work
921 program of the Department of Transportation, to be known as the
922 Seaport Investment Program. The revenues may be assigned,
923 pledged, or set aside as a trust for the payment of principal or
924 interest on bonds, tax anticipation certificates, or other forms
925 of indebtedness issued by an individual port or appropriate
926 local government having jurisdiction thereof, or collectively by
927 interlocal agreement among any of the ports, or used to purchase
928 credit support to permit such borrowings. However, the debt is
929 not a general obligation of the state. The state covenants with
930 holders of the revenue bonds or other instruments of
931 indebtedness issued pursuant to this subsection that it will not
932 repeal or impair or amend this subsection in any manner that
933 will materially or adversely affect the rights of holders so
934 long as bonds authorized by this subsection are outstanding. The
935 proceeds of any bonds or other indebtedness secured by a pledge
936 of the funding, after payment of costs of issuance and
937 establishment of any required reserves, shall be invested in
938 projects approved by the Department of Transportation and
939 included in the department’s adopted work program, by amendment
940 if necessary. Any revenues that are not pledged to the repayment
941 of bonds as authorized by this section may be used for purposes
942 authorized under the Florida Seaport Transportation and Economic
943 Development Program. This revenue source is in addition to any
944 amounts provided for and appropriated in accordance with ss.
945 311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds
946 shall be issued by the Division of Bond Finance at the request
947 of the Department of Transportation pursuant to the State Bond
948 Act.
949 (3) Beginning in the 2013-2014 fiscal year and annually for
950 up to 30 years thereafter, $35 million shall be transferred to
951 Florida’s Turnpike Enterprise, to be used in accordance with
952 Florida Turnpike Enterprise Law, to the maximum extent feasible
953 for feeder roads, structures, interchanges, appurtenances, and
954 other rights to create or facilitate access to the existing
955 turnpike system.
956 (4) Beginning in the 2013-2014 fiscal year and annually
957 thereafter, $10 million shall be transferred to the
958 Transportation Disadvantaged Trust Fund, to be used as specified
959 in s. 427.0159, Florida Statutes.
960 (5) Beginning in the 2013-2014 fiscal year and annually
961 thereafter, $10 million shall be allocated to the Small County
962 Outreach Program, to be used as specified in s. 339.2818,
963 Florida Statutes. These funds are in addition to the funds
964 provided in s. 201.15(1)(c)1.b., Florida Statutes.
965 (6) After the distributions required pursuant to
966 subsections (1)-(5), the remaining funds shall be used annually
967 for transportation projects within this state for existing or
968 planned strategic transportation projects which connect major
969 markets within this state or between this state and other
970 states, which focus on job creation, and which increase this
971 state’s viability in the national and global markets.
972 (7) Pursuant to s. 339.135(7), Florida Statutes, the
973 department shall amend the work program to add the projects
974 provided for in this section.
975 Section 13. Subsections (3) and (4) of section 320.20,
976 Florida Statutes, are amended to read:
977 320.20 Disposition of license tax moneys.—The revenue
978 derived from the registration of motor vehicles, including any
979 delinquent fees and excluding those revenues collected and
980 distributed under the provisions of s. 320.081, must be
981 distributed monthly, as collected, as follows:
982 (3) Notwithstanding any other provision of law except
983 subsections (1) and (2), on July 1, 1996, and annually
984 thereafter, $15 million shall be deposited annually into in the
985 State Transportation Trust Fund solely for the purposes of
986 funding the Florida Seaport Transportation and Economic
987 Development Program as provided for in chapter 311. Such
988 revenues shall be distributed on a 50-50 matching basis to any
989 port listed in s. 311.09(1) to be used for funding projects as
990 described in s. 311.07(3)(b). Such revenues may be assigned,
991 pledged, or set aside as a trust for the payment of principal or
992 interest on bonds, tax anticipation certificates, or any other
993 form of indebtedness issued by an individual port or appropriate
994 local government having jurisdiction thereof, or collectively by
995 interlocal agreement among any of the ports, or used to purchase
996 credit support to permit such borrowings. However, such debt is
997 shall not constitute a general obligation of the state of
998 Florida. The state covenants does hereby covenant with holders
999 of such revenue bonds or other instruments of indebtedness
1000 issued hereunder that it will not repeal or impair or amend in
1001 any manner that which will materially and adversely affect the
1002 rights of such holders so long as bonds authorized by this
1003 section are outstanding. Any revenues that which are not pledged
1004 to the repayment of bonds as authorized by this section may be
1005 used utilized for purposes authorized under the Florida Seaport
1006 Transportation and Economic Development Program. This revenue
1007 source is in addition to any amounts provided for and
1008 appropriated in accordance with s. 311.07. The Florida Seaport
1009 Transportation and Economic Development Council shall approve
1010 the distribution of funds to ports for projects that which have
1011 been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
1012 council and the Department of Transportation may are authorized
1013 to perform such acts as are required to facilitate and implement
1014 the provisions of this subsection. To better enable the ports to
1015 cooperate to their mutual advantage, the governing body of each
1016 port may exercise powers provided to municipalities or counties
1017 in s. 163.01(7)(d) subject to the provisions of chapter 311 and
1018 special acts, if any, pertaining to a port. The use of funds
1019 provided pursuant to this subsection are limited to eligible
1020 projects listed in this subsection. Income derived from a
1021 project completed with the use of program funds, beyond
1022 operating costs and debt service, is shall be restricted solely
1023 to further port capital improvements consistent with maritime
1024 purposes and for no other purpose. Use of such income for
1025 nonmaritime purposes is prohibited. The provisions of s.
1026 311.07(4) do not apply to any funds received pursuant to this
1027 subsection. The revenues available under this subsection may
1028 shall not be pledged to the payment of any bonds other than the
1029 Florida Ports Financing Commission Series 1996 and Series 1999
1030 Bonds currently outstanding; provided, however, such revenues
1031 may be pledged to secure payment of refunding bonds to refinance
1032 the Florida Ports Financing Commission Series 1996 and Series
1033 1999 Bonds. No Refunding bonds secured by revenues available
1034 under this subsection may not be issued with a final maturity
1035 later than the final maturity of the Florida Ports Financing
1036 Commission Series 1996 and Series 1999 Bonds or which provide
1037 for higher debt service in any year than is currently payable on
1038 such bonds. Any revenue bonds or other indebtedness issued after
1039 July 1, 2000, other than refunding bonds shall be issued by the
1040 Division of Bond Finance at the request of the Department of
1041 Transportation pursuant to the State Bond Act.
1042 (4) Notwithstanding any other provision of law except
1043 subsections (1), (2), and (3), on July 1, 1999, and annually
1044 thereafter, $10 million shall be deposited annually into in the
1045 State Transportation Trust Fund solely for the purposes of
1046 funding the Florida Seaport Transportation and Economic
1047 Development Program as provided in chapter 311 and for funding
1048 seaport intermodal access projects of statewide significance as
1049 provided in s. 341.053. Such revenues shall be distributed to
1050 any port listed in s. 311.09(1), to be used for funding projects
1051 as follows:
1052 (a) For any seaport intermodal access projects that are
1053 identified in the 1997-1998 Tentative Work Program of the
1054 Department of Transportation, up to the amounts needed to offset
1055 the funding requirements of this section.
1056 (b) For seaport intermodal access projects as described in
1057 s. 341.053(5) which that are identified in the 5-year Florida
1058 Seaport Mission Plan as provided in s. 311.09(3). Funding for
1059 such projects shall be on a matching basis as mutually
1060 determined by the Florida Seaport Transportation and Economic
1061 Development Council and the Department of Transportation if,
1062 provided a minimum of 25 percent of total project funds shall
1063 come from any port funds, local funds, private funds, or
1064 specifically earmarked federal funds.
1065 (c) On a 50-50 matching basis for projects as described in
1066 s. 311.07(3)(b).
1067 (d) For seaport intermodal access projects that involve the
1068 dredging or deepening of channels, turning basins, or harbors;
1069 or the rehabilitation of wharves, docks, or similar structures.
1070 Funding for such projects requires shall require a 25 percent
1071 match of the funds received pursuant to this subsection.
1072 Matching funds must shall come from any port funds, federal
1073 funds, local funds, or private funds.
1074
1075 Such revenues may be assigned, pledged, or set aside as a trust
1076 for the payment of principal or interest on bonds, tax
1077 anticipation certificates, or any other form of indebtedness
1078 issued by an individual port or appropriate local government
1079 having jurisdiction thereof, or collectively by interlocal
1080 agreement among any of the ports, or used to purchase credit
1081 support to permit such borrowings. However, such debt is shall
1082 not constitute a general obligation of the state. This state
1083 covenants does hereby covenant with holders of such revenue
1084 bonds or other instruments of indebtedness issued hereunder that
1085 it will not repeal or impair or amend this subsection in any
1086 manner that which will materially and adversely affect the
1087 rights of holders so long as bonds authorized by this subsection
1088 are outstanding. Any revenues that are not pledged to the
1089 repayment of bonds as authorized by this section may be used
1090 utilized for purposes authorized under the Florida Seaport
1091 Transportation and Economic Development Program. This revenue
1092 source is in addition to any amounts provided for and
1093 appropriated in accordance with s. 311.07 and subsection (3).
1094 The Florida Seaport Transportation and Economic Development
1095 Council shall approve distribution of funds to ports for
1096 projects that have been approved pursuant to s. 311.09(5)-(8)
1097 311.09(5)-(9), or for seaport intermodal access projects
1098 identified in the 5-year Florida Seaport Mission Plan as
1099 provided in s. 311.09(3) and mutually agreed upon by the FSTED
1100 Council and the Department of Transportation. All contracts for
1101 actual construction of projects authorized by this subsection
1102 must include a provision encouraging employment of participants
1103 in the welfare transition program. The goal for such employment
1104 of participants in the welfare transition program is 25 percent
1105 of all new employees employed specifically for the project,
1106 unless the Department of Transportation and the Florida Seaport
1107 Transportation and Economic Development Council demonstrate that
1108 such a requirement would severely hamper the successful
1109 completion of the project. In such an instance, Workforce
1110 Florida, Inc., shall establish an appropriate percentage of
1111 employees who are that must be participants in the welfare
1112 transition program. The council and the Department of
1113 Transportation may are authorized to perform such acts as are
1114 required to facilitate and implement the provisions of this
1115 subsection. To better enable the ports to cooperate to their
1116 mutual advantage, the governing body of each port may exercise
1117 powers provided to municipalities or counties in s. 163.01(7)(d)
1118 subject to the provisions of chapter 311 and special acts, if
1119 any, pertaining to a port. The use of funds provided pursuant to
1120 this subsection is limited to eligible projects listed in this
1121 subsection. The provisions of s. 311.07(4) do not apply to any
1122 funds received pursuant to this subsection. The revenues
1123 available under this subsection may shall not be pledged to the
1124 payment of any bonds other than the Florida Ports Financing
1125 Commission Series 1996 and Series 1999 Bonds currently
1126 outstanding; provided, however, such revenues may be pledged to
1127 secure payment of refunding bonds to refinance the Florida Ports
1128 Financing Commission Series 1996 and Series 1999 Bonds. No
1129 Refunding bonds secured by revenues available under this
1130 subsection may not be issued with a final maturity later than
1131 the final maturity of the Florida Ports Financing Commission
1132 Series 1996 and Series 1999 Bonds or which provide for higher
1133 debt service in any year than is currently payable on such
1134 bonds. Any revenue bonds or other indebtedness issued after July
1135 1, 2000, other than refunding bonds shall be issued by the
1136 Division of Bond Finance at the request of the Department of
1137 Transportation pursuant to the State Bond Act.
1138 Section 14. Section 320.204, Florida Statutes, is repealed.
1139 Section 15. Subsection (3) of section 322.07, Florida
1140 Statutes, is amended to read:
1141 322.07 Instruction permits and temporary licenses.—
1142 (3) Any person who, except for his or her lack of
1143 instruction in operating a commercial motor vehicle, would
1144 otherwise be qualified to obtain a commercial driver driver’s
1145 license under this chapter, may apply for a temporary commercial
1146 instruction permit. The department shall issue such a permit
1147 entitling the applicant, while having the permit in his or her
1148 immediate possession, to drive a commercial motor vehicle on the
1149 highways, if provided that:
1150 (a) The applicant possesses a valid Florida driver driver’s
1151 license issued in any state; and
1152 (b) The applicant, while operating a commercial motor
1153 vehicle, is accompanied by a licensed driver who is 21 years of
1154 age or older, who is licensed to operate the class of vehicle
1155 being operated, and who is actually occupying the closest seat
1156 to the right of the driver.
1157 Section 16. Subsection (2) of section 322.53, Florida
1158 Statutes, is amended to read:
1159 322.53 License required; exemptions.—
1160 (2) The following persons are exempt from the requirement
1161 to obtain a commercial driver driver’s license:
1162 (a) Drivers of authorized emergency vehicles.
1163 (b) Military personnel driving vehicles operated for
1164 military purposes.
1165 (c) Farmers transporting agricultural products, farm
1166 supplies, or farm machinery to or from their farms and within
1167 150 miles of their farms farm, if the vehicle operated under
1168 this exemption is not used in the operations of a common or
1169 contract motor carrier or transporting agricultural products to
1170 or from the first place of storage or processing or directly to
1171 or from market, within 150 miles of their farm.
1172 (d) Drivers of recreational vehicles, as defined in s.
1173 320.01.
1174 (e) Drivers who operate straight trucks, as defined in s.
1175 316.003, and who that are exclusively transporting exclusively
1176 their own tangible personal property, which is not for sale.
1177 (f) Employees An employee of a publicly owned transit
1178 system who are is limited to moving vehicles for maintenance or
1179 parking purposes exclusively within the restricted-access
1180 confines of a transit system’s property.
1181 Section 17. Subsection (2) of section 322.54, Florida
1182 Statutes, is amended to read:
1183 322.54 Classification.—
1184 (2) The department shall issue, pursuant to the
1185 requirements of this chapter, driver drivers’ licenses in
1186 accordance with the following classifications:
1187 (a) Any person who drives a motor vehicle combination
1188 having a gross vehicle weight rating or gross vehicle weight of
1189 26,001 pounds or more must possess a valid Class A driver
1190 driver’s license, if provided the gross vehicle weight rating or
1191 gross vehicle weight of the vehicle being towed is more than
1192 10,000 pounds. Any person who possesses a valid Class A driver
1193 driver’s license may, subject to the appropriate restrictions
1194 and endorsements, drive any class of motor vehicle within this
1195 state.
1196 (b) Any person, except a person who possesses a valid Class
1197 A driver driver’s license, who drives a motor vehicle having a
1198 gross vehicle weight rating or gross vehicle weight of 26,001
1199 pounds or more must possess a valid Class B driver driver’s
1200 license. Any person, except a person who possesses a valid Class
1201 A driver driver’s license, who drives such vehicle towing a
1202 vehicle having a gross vehicle weight rating of 10,000 pounds or
1203 less must possess a valid Class B driver driver’s license. Any
1204 person who possesses a valid Class B driver driver’s license
1205 may, subject to the appropriate restrictions and endorsements,
1206 drive any class of motor vehicle, other than the type of motor
1207 vehicle for which a Class A driver driver’s license is required,
1208 within this state.
1209 (c) Any person, except a person who possesses a valid Class
1210 A or a valid Class B driver driver’s license, who drives a motor
1211 vehicle having a gross vehicle weight rating of less than 26,001
1212 pounds and who is required to obtain an endorsement pursuant to
1213 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s.
1214 322.57, must possess a valid Class C driver driver’s license.
1215 Any person who possesses a valid Class C driver driver’s license
1216 may, subject to the appropriate restrictions and endorsements,
1217 drive any class of motor vehicle, other than the type of motor
1218 vehicle for which a Class A or a Class B driver driver’s license
1219 is required, within this state.
1220 (d) Any person, except a person who possesses a valid Class
1221 A, valid Class B, or valid Class C driver driver’s license, who
1222 drives a motor vehicle must possess a valid Class E driver
1223 driver’s license. Any person who possesses a valid Class E
1224 driver driver’s license may, subject to the appropriate
1225 restrictions and endorsements, drive any type of motor vehicle,
1226 other than the type of motor vehicle for which a Class A, Class
1227 B, or Class C driver driver’s license is required, within this
1228 state.
1229 Section 18. Section 322.59, Florida Statutes, is amended to
1230 read:
1231 322.59 Possession of medical examiner’s certificate.—
1232 (1) The department may shall not issue a commercial driver
1233 driver’s license to a any person who is required by the laws of
1234 this state or by federal law to possess a medical examiner’s
1235 certificate, unless the such person presents a valid
1236 certificate, as described in 49 C.F.R. s. 383.71, before prior
1237 to licensure.
1238 (2) The department shall disqualify a driver from operating
1239 a commercial motor vehicle if the driver holds a commercial
1240 driver license and fails to comply with the medical
1241 certification requirements in 49 C.F.R. s. 383.71 This section
1242 does not expand the requirements as to who must possess a
1243 medical examiner’s certificate.
1244 (3) A person who is disqualified from operating a
1245 commercial motor vehicle under this section may, if otherwise
1246 qualified, be issued a Class E driver license pursuant to s.
1247 322.251.
1248 Section 19. Subsections (3) and (5) of section 322.61,
1249 Florida Statutes, are amended to read:
1250 322.61 Disqualification from operating a commercial motor
1251 vehicle.—
1252 (3)(a) Except as provided in subsection (4), any person who
1253 is convicted of one of the offenses listed in paragraph (b)
1254 while operating a commercial motor vehicle shall, in addition to
1255 any other applicable penalties, be disqualified from operating a
1256 commercial motor vehicle for a period of 1 year.:
1257 (b) Except as provided in subsection (4), any holder of a
1258 commercial driver driver’s license who is convicted of one of
1259 the offenses listed in this paragraph while operating a
1260 noncommercial motor vehicle shall, in addition to any other
1261 applicable penalties, be disqualified from operating a
1262 commercial motor vehicle for a period of 1 year:
1263 1. Driving a motor vehicle while he or she is under the
1264 influence of alcohol or a controlled substance;
1265 2. Driving a commercial motor vehicle while the alcohol
1266 concentration of his or her blood, breath, or urine is .04
1267 percent or higher;
1268 3. Leaving the scene of a crash involving a motor vehicle
1269 driven by such person;
1270 4. Using a motor vehicle in the commission of a felony;
1271 5. Driving a commercial motor vehicle while in possession
1272 of a controlled substance;
1273 6. Refusing to submit to a test to determine his or her
1274 alcohol concentration while driving a motor vehicle;
1275 7. Driving a commercial vehicle while the licenseholder’s
1276 commercial driver driver’s license is suspended, revoked, or
1277 canceled or while the licenseholder is disqualified from driving
1278 a commercial vehicle; or
1279 8. Causing a fatality through the negligent operation of a
1280 commercial motor vehicle.
1281 (5) A Any person who is convicted of two violations
1282 specified in subsection (3) which were committed while operating
1283 a commercial motor vehicle, or any combination thereof, arising
1284 in separate incidents shall be permanently disqualified from
1285 operating a commercial motor vehicle. A Any holder of a
1286 commercial driver driver’s license who is convicted of two
1287 violations specified in subsection (3) which were committed
1288 while operating any a noncommercial motor vehicle, or any
1289 combination thereof, arising in separate incidents shall be
1290 permanently disqualified from operating a commercial motor
1291 vehicle. The penalty provided in this subsection is in addition
1292 to any other applicable penalty.
1293 Section 20. Present subsections (8) through (13) of section
1294 334.30, Florida Statutes, are redesignated as subsections (7)
1295 through (12), respectively, and present subsection (7) of that
1296 section is amended, to read:
1297 334.30 Public-private transportation facilities.—The
1298 Legislature finds and declares that there is a public need for
1299 the rapid construction of safe and efficient transportation
1300 facilities for the purpose of traveling within the state, and
1301 that it is in the public’s interest to provide for the
1302 construction of additional safe, convenient, and economical
1303 transportation facilities.
1304 (7) The department may lend funds from the Toll Facilities
1305 Revolving Trust Fund, as outlined in s. 338.251, to private
1306 entities that construct projects on the State Highway System
1307 containing toll facilities that are approved under this section.
1308 To be eligible, a private entity must comply with s. 338.251 and
1309 must provide an indication from a nationally recognized rating
1310 agency that the senior bonds for the project will be investment
1311 grade, or must provide credit support such as a letter of credit
1312 or other means acceptable to the department, to ensure that the
1313 loans will be fully repaid. The state’s liability for the
1314 funding of a facility is limited to the amount approved for that
1315 specific facility in the department’s 5-year work program
1316 adopted pursuant to s. 339.135.
1317 Section 21. Subsection (5) is added to section 335.074,
1318 Florida Statutes, to read:
1319 335.074 Safety inspection of bridges.—
1320 (5) Upon receipt of an inspection report that recommends
1321 reducing the weight, size, or speed limit on a bridge, the
1322 governmental entity having maintenance responsibility for the
1323 bridge shall reduce the maximum limits for the bridge in
1324 accordance with the inspection report and shall post the limits
1325 in accordance with s. 316.555. The governmental entity shall,
1326 within 30 days after receipt of an inspection report
1327 recommending lower limits, notify the department that the
1328 limitations have been implemented and the limits have been
1329 posted accordingly. If the required actions are not taken within
1330 30 days after receipt of an inspection report, the department
1331 shall post the limits on the bridge in accordance with the
1332 recommendations in the inspection report. The costs incurred by
1333 the department in connection with providing notice of the
1334 bridge’s limitations or restrictions shall be assessed against
1335 and collected from the governmental entity having maintenance
1336 responsibility for the bridge. If an inspection report
1337 recommends closure of a bridge, the bridge shall be immediately
1338 closed. If the governmental entity does not close the bridge
1339 immediately upon receipt of an inspection report recommending
1340 closure, the department shall close the bridge. The costs
1341 incurred by the department in connection with the bridge closure
1342 shall be assessed against and collected from the governmental
1343 entity having maintenance responsibility for the bridge. This
1344 subsection does not alter existing jurisdictional
1345 responsibilities for the operation and maintenance of bridges.
1346 Section 22. Section 338.151, Florida Statutes, is created
1347 to read:
1348 338.151 Authority of the department to establish tolls on
1349 the State Highway System.—Notwithstanding s. 338.165(8), the
1350 department may establish tolls on new limited access facilities
1351 on the State Highway System, lanes added to existing limited
1352 access facilities on the State Highway System, new major bridges
1353 on the State Highway System over waterways, and replacements for
1354 existing major bridges on the State Highway System over
1355 waterways to pay, fully or partially, for the cost of such
1356 projects. Except for high-occupancy vehicle lanes, express
1357 lanes, the turnpike system, and as otherwise authorized by law,
1358 the department may not establish tolls on lanes of limited
1359 access facilities that exist on July 1, 2012, unless tolls were
1360 in effect for the lanes before that date. The authority provided
1361 in this section is in addition to the authority provided under
1362 the Florida Turnpike Enterprise Law and s. 338.166.
1363 Section 23. Subsection (1) of section 338.155, Florida
1364 Statutes, is amended to read:
1365 338.155 Payment of toll on toll facilities required;
1366 exemptions.—
1367 (1) A person may not No persons are permitted to use any
1368 toll facility without payment of tolls, except employees of the
1369 agency operating the toll project when using the toll facility
1370 on official state business, state military personnel while on
1371 official military business, handicapped persons as provided in
1372 this section, persons exempt from toll payment by the
1373 authorizing resolution for bonds issued to finance the facility,
1374 and persons exempt on a temporary basis where use of such toll
1375 facility is required as a detour route. Any law enforcement
1376 officer operating a marked official vehicle is exempt from toll
1377 payment when on official law enforcement business. Any person
1378 operating a fire vehicle when on official business or a rescue
1379 vehicle when on official business is exempt from toll payment.
1380 Any person participating in the funeral procession of a law
1381 enforcement officer or firefighter killed in the line of duty is
1382 exempt from toll payment. The secretary, or the secretary’s
1383 designee, may suspend the payment of tolls on a toll facility
1384 when necessary to assist in emergency evacuation. The failure to
1385 pay a prescribed toll constitutes a noncriminal traffic
1386 infraction, punishable as a moving violation as provided in
1387 pursuant to s. 318.18. The department may is authorized to adopt
1388 rules relating to the payment, collection, and enforcement of
1389 tolls, as authorized in chapters 316, 318, 320, 322, and 338,
1390 including, but not limited to, rules for the implementation of
1391 video or other image billing and variable pricing. The
1392 department may by rule allow the use of toll facilities that it
1393 manages by public transit vehicles or by vehicles participating
1394 in a funeral procession for an active-duty military service
1395 member without the payment of tolls if the revenues of these
1396 toll facilities are not pledged to repayment of bonds.
1397 Section 24. Section 338.161, Florida Statutes, is amended
1398 to read:
1399 338.161 Authority of department or toll agencies to
1400 advertise and promote electronic toll collection; Expanded uses
1401 of electronic toll collection system; studies authorized.—
1402 (1) The department may is authorized to incur expenses for
1403 paid advertising, marketing, and promotion of toll facilities
1404 and electronic toll collection products and services. Promotions
1405 may include discounts and free products.
1406 (2) The department may is authorized to receive funds from
1407 advertising placed on electronic toll collection products and
1408 promotional materials to defray the costs of products and
1409 services.
1410 (3)(a) The department or any toll agency created by statute
1411 may incur expenses to advertise or promote its electronic toll
1412 collection system to consumers on or off the turnpike or toll
1413 system.
1414 (4)(b) If the department or any toll agency created by
1415 statute finds that it can increase nontoll revenues or add
1416 convenience or other value for its customers, the department or
1417 toll agency may enter into agreements with a any private or
1418 public entity allowing the use of its electronic toll collection
1419 system to pay parking fees for vehicles equipped with a
1420 transponder or similar device. The department or toll agency may
1421 initiate feasibility studies of other additional future uses of
1422 its electronic toll collection system and make recommendations
1423 to the Legislature to authorize such uses.
1424 (5) If the department finds that it can increase nontoll
1425 revenues or add convenience or other value for its customers,
1426 and if a public or private transportation facility owner agrees
1427 that its facility will become interoperable with the
1428 department’s electronic toll collection and video billing
1429 systems, the department may enter into an agreement with the
1430 owner of such facility under which the department uses its
1431 systems to collect and enforce for the owner tolls, fares,
1432 administrative fees, and other applicable charges due in
1433 connection with use of the owner’s facility.
1434 Section 25. Subsection (10) is added to section 338.165,
1435 Florida Statutes, to read:
1436 338.165 Continuation of tolls.—
1437 (10) The department’s Beachline-East Expressway may be
1438 transferred by the department and become part of the turnpike
1439 system under the Florida Turnpike Enterprise Law. Any funds
1440 expended by the Florida Turnpike Enterprise for the acquisition
1441 of the Beachline-East Expressway shall be deposited into the
1442 State Transportation Trust Fund, and, notwithstanding any other
1443 law to the contrary, such funds shall first be allocated by the
1444 department to fund the department’s obligation to construct
1445 Wekiva Parkway. The term “Wekiva Parkway” means a limited access
1446 highway or expressway constructed between State Road 429 and
1447 Interstate 4 specifically incorporating the corridor alignment
1448 recommended by Recommendation 2 of the Wekiva River Basin Area
1449 Task Force final report dated January 15, 2003, and the
1450 recommendations of the SR 429 Working Group which were adopted
1451 January 16, 2004, and related transportation facilities.
1452 Section 26. Section 338.166, Florida Statutes, is amended
1453 to read:
1454 338.166 High-occupancy toll lanes or express lanes.—
1455 (1) Under s. 11, Art. VII of the State Constitution, the
1456 department may request the Division of Bond Finance to issue
1457 bonds secured by toll revenues collected on high-occupancy toll
1458 lanes or express lanes established on facilities owned by the
1459 department located on Interstate 95 in Miami-Dade and Broward
1460 Counties.
1461 (2) The department may continue to collect the toll on the
1462 high-occupancy toll lanes or express lanes after the discharge
1463 of any bond indebtedness related to such project. All tolls so
1464 collected shall first be used to pay the annual cost of the
1465 operation, maintenance, and improvement of the high-occupancy
1466 toll lanes or express lanes project or associated transportation
1467 system.
1468 (3) Any remaining toll revenue from the high-occupancy toll
1469 lanes or express lanes shall be used by the department for the
1470 construction, maintenance, or improvement of any road on the
1471 State Highway System within the county or counties in which the
1472 toll revenues were collected or to support express bus service
1473 on the facility where the toll revenues were collected.
1474 (4) The department may implement variable rate tolls on
1475 high-occupancy toll lanes or express lanes.
1476 (5) Except for high-occupancy toll lanes or express lanes,
1477 tolls may not be charged for use of an interstate highway where
1478 tolls were not charged as of July 1, 1997.
1479 (6) This section does not apply to the turnpike system as
1480 defined under the Florida Turnpike Enterprise Law.
1481 Section 27. Paragraph (a) of subsection (8) of section
1482 338.221, Florida Statutes, is amended to read:
1483 338.221 Definitions of terms used in ss. 338.22-338.241.—As
1484 used in ss. 338.22-338.241, the following words and terms have
1485 the following meanings, unless the context indicates another or
1486 different meaning or intent:
1487 (8) “Economically feasible” means:
1488 (a) For a proposed turnpike project, that, as determined by
1489 the department before the issuance of revenue bonds for the
1490 project, the estimated net revenues of the proposed turnpike
1491 project, excluding feeder roads and turnpike improvements, will
1492 be sufficient to pay at least 50 percent of the annual debt
1493 service on the bonds associated with the project by the end of
1494 the 12th year of operation and to pay at least 100 percent of
1495 the debt service on the bonds by the end of the 30th 22nd year
1496 of operation. In implementing this paragraph, up to 50 percent
1497 of the adopted work program costs of the project may be funded
1498 from turnpike revenues.
1499
1500 This subsection does not prohibit the pledging of revenues from
1501 the entire turnpike system to bonds issued to finance or
1502 refinance a turnpike project or group of turnpike projects.
1503 Section 28. Paragraphs (a) and (b) of subsection (1) of
1504 section 338.223, Florida Statutes, are amended to read:
1505 338.223 Proposed turnpike projects.—
1506 (1)(a) Any proposed project to be constructed or acquired
1507 as part of the turnpike system and any turnpike improvement
1508 shall be included in the tentative work program. A No proposed
1509 project or group of proposed projects may not shall be added to
1510 the turnpike system unless such project or projects are
1511 determined to be economically feasible and a statement of
1512 environmental feasibility has been completed for such project or
1513 projects and such projects are determined to be consistent, to
1514 the maximum extent feasible, with approved local government
1515 comprehensive plans of the local governments in which such
1516 projects are located. The department may authorize engineering
1517 studies, traffic studies, environmental studies, and other
1518 expert studies of the location, costs, economic feasibility, and
1519 practicality of proposed turnpike projects throughout the state
1520 and may proceed with the design phase of such projects. The
1521 department may shall not request legislative approval of a
1522 proposed turnpike project until the design phase of that project
1523 is at least 30 60 percent complete. If a proposed project or
1524 group of proposed projects is found to be economically feasible,
1525 consistent, to the maximum extent feasible, with approved local
1526 government comprehensive plans of the local governments in which
1527 such projects are located, and a favorable statement of
1528 environmental feasibility has been completed, the department,
1529 with the approval of the Legislature, shall, after the receipt
1530 of all necessary permits, construct, maintain, and operate such
1531 turnpike projects.
1532 (b) Any proposed turnpike project or improvement shall be
1533 developed in accordance with the Florida Transportation Plan and
1534 the work program pursuant to s. 339.135. Turnpike projects that
1535 add capacity, alter access, affect feeder roads, or affect the
1536 operation of the local transportation system shall be included
1537 in the transportation improvement plan of the affected
1538 metropolitan planning organization. If such turnpike project
1539 does not fall within the jurisdiction of a metropolitan planning
1540 organization, the department shall notify the affected county
1541 and provide for public hearings in accordance with s.
1542 339.155(6)(c).
1543 Section 29. Section 338.251, Florida Statutes, is repealed.
1544 Section 30. Paragraph (f) of subsection (1) of section
1545 339.08, Florida Statutes, is amended to read:
1546 339.08 Use of moneys in State Transportation Trust Fund.—
1547 (1) The department shall expend moneys in the State
1548 Transportation Trust Fund accruing to the department, in
1549 accordance with its annual budget. The use of such moneys shall
1550 be restricted to the following purposes:
1551 (f) To pay the cost of economic development transportation
1552 projects in accordance with s. 339.2821 288.063.
1553 Section 31. Section 339.139, Florida Statutes, is created
1554 to read:
1555 339.139 Transportation debt assessment.—
1556 (1) It is the policy of the state to manage the financing
1557 of transportation infrastructure in a manner that ensures the
1558 fiscal integrity of the State Transportation Trust Fund.
1559 (2) The department shall provide a debt and debtlike
1560 contractual obligations load report to the Executive Office of
1561 the Governor, the President of the Senate, the Speaker of the
1562 House of Representatives, and the legislative appropriations
1563 committees in conjunction with the tentative work program
1564 required under s. 339.135. The debt and debtlike contractual
1565 obligations load report must include the following data on
1566 current and planned department commitments that are payable from
1567 the State Transportation Trust Fund:
1568 (a) Debt service payments that are required to be made
1569 under any resolution for the issuance of bonds secured by a lien
1570 on federal highway aid reimbursements or motor fuel and diesel
1571 fuel taxes.
1572 (b) Funding for seaports which has been pledged to the
1573 payment of principal and interest on bonds issued by the Florida
1574 Ports Financing Commission pursuant to s. 320.20.
1575 (c) Commitments of the department to pay the costs of
1576 operating, maintaining, repairing, and rehabilitating expressway
1577 and bridge systems under the terms of lease-purchase agreements
1578 which are enforceable by the holders of bonds issued by
1579 expressway and bridge authorities pursuant to chapter 348.
1580 (d) Availability, milestone, and final acceptance payments
1581 that are required by public-private partnerships pursuant to s.
1582 334.30 and that are not payments for the cost of operation or
1583 maintenance of a facility.
1584 (e) Agreed-on payments to a department contractor for work
1585 performed in the current fiscal year for which payment is
1586 deferred to a later fiscal year pursuant to s. 334.30.
1587 (f) Reimbursements to local governments for work performed
1588 on a project if the reimbursement is deferred to a later fiscal
1589 year pursuant to s. 339.12.
1590 (g) Loan repayments on state infrastructure bank loans
1591 extended to a department district pursuant to s. 339.55.
1592 (3) The department shall manage all levels of debt to
1593 ensure that by the beginning of the 2017–2018 fiscal year, not
1594 more than 20 percent of total projected available state and
1595 federal revenues from the State Transportation Trust Fund,
1596 together with any local funds committed to department projects,
1597 are committed to the obligations identified in subsection (2) in
1598 any year.
1599 (4) If the department believes that a critical project
1600 would justify exceeding the limitation established in this
1601 section, the department shall notify the Governor, the President
1602 of the Senate, the Speaker of the House of Representatives, and
1603 the chairs of the legislative appropriations committees. The
1604 notification must identify the critical project and the
1605 projected impact on the department’s total debt load. The
1606 department may proceed with the project upon approval by the
1607 Governor. If either chair of the legislative appropriations
1608 committees, the President of the Senate, or the Speaker of the
1609 House of Representatives objects in writing to a proposed
1610 project within 14 days after submittal of a department request
1611 to exceed debt limits and specifies the reasons for such
1612 objection, the Governor may not approve the project.
1613 (5) The department shall prepare a separate report on debt
1614 obligations that are secured by and payable solely from pledged
1615 revenues. The department shall provide the report on pledged
1616 revenue debt to the Executive Office of the Governor, the
1617 President of the Senate, the Speaker of the House of
1618 Representatives, and the legislative appropriations committees
1619 in conjunction with the tentative work program required under s.
1620 339.135.
1621 Section 32. Section 339.2821, Florida Statutes, is created
1622 to read:
1623 339.2821 Economic development transportation projects.—
1624 (1)(a) The department, in consultation with the Department
1625 of Economic Opportunity, may make and approve expenditures and
1626 contract with the appropriate governmental body for the direct
1627 costs of transportation projects. The Department of Economic
1628 Opportunity and the Department of Environmental Protection may
1629 formally review and comment on recommended transportation
1630 projects, although the department has final approval authority
1631 for any project authorized under this section.
1632 (b) As used in this section, the term:
1633 1. “Governmental body” means an instrumentality of the
1634 state or a county, municipality, district, authority, board, or
1635 commission, or an agency thereof, within which jurisdiction the
1636 transportation project is located and which is responsible to
1637 the department for the transportation project.
1638 2. “Transportation project” means a transportation
1639 facility, as defined in s. 334.03, which the department, in
1640 consultation with the Department of Economic Opportunity, deems
1641 necessary to facilitate the economic development and growth of
1642 the state.
1643 (2) The department, in consultation with the Department of
1644 Economic Opportunity, shall review each transportation project
1645 for approval and funding. In the review, the department must
1646 consider:
1647 (a) The cost per job created or retained considering the
1648 amount of transportation funds requested;
1649 (b) The average hourly rate of wages for jobs created;
1650 (c) The reliance on any program as an inducement for
1651 determining the transportation project’s location;
1652 (d) The amount of capital investment to be made by a
1653 business;
1654 (e) The demonstrated local commitment;
1655 (f) The location of the transportation project in an
1656 enterprise zone as designated in s. 290.0055;
1657 (g) The location of the transportation project in a
1658 spaceport territory as defined in s. 331.304;
1659 (h) The unemployment rate of the surrounding area; and
1660 (i) The poverty rate of the community.
1661
1662 The department may contact any agency it deems appropriate for
1663 additional information regarding the approval of a
1664 transportation project. A transportation project must be
1665 approved by the department to be eligible for funding.
1666 (3)(a) The department must approve a transportation project
1667 if it determines that the transportation project will:
1668 1. Attract new employment opportunities to the state or
1669 expand or retain employment in existing companies operating
1670 within the state.
1671 2. Allow for the construction or expansion of a state or
1672 federal correctional facility in a county having a population of
1673 75,000 or fewer which creates new employment opportunities or
1674 expands or retains employment in the county.
1675 (b) The department must ensure that small and minority
1676 businesses have equal access to participate in transportation
1677 projects funded pursuant to this section.
1678 (c) In addition to administrative costs and equipment
1679 purchases specified in the contract, funds for approved
1680 transportation projects may be used for expenses that are
1681 necessary for building new, or improving existing,
1682 transportation facilities. Funds made available pursuant to this
1683 section may not be expended for the relocation of a business
1684 from one community to another community in this state unless the
1685 department determines that, without the relocation, the business
1686 will move outside the state or determines that the business has
1687 a compelling economic reason for the relocation, such as
1688 creating additional jobs.
1689 (4) A contract between the department and a governmental
1690 body for a transportation project must:
1691 (a) Specify that the transportation project is for the
1692 construction of a new or expanding business and specify the
1693 number of full-time permanent jobs that will result from the
1694 project.
1695 (b) Identify the governmental body and require that the
1696 governmental body award the construction of the particular
1697 transportation project to the lowest and best bidder in
1698 accordance with applicable state and federal statutes or rules
1699 unless the transportation project can be constructed using
1700 existing local governmental employees within the contract period
1701 specified by the department.
1702 (c) Require that the governmental body provide the
1703 department with quarterly progress reports. Each quarterly
1704 progress report must contain:
1705 1. A narrative description of the work completed and
1706 whether the work is proceeding according to the transportation
1707 project schedule;
1708 2. A description of each change order executed by the
1709 governmental body;
1710 3. A budget summary detailing planned expenditures compared
1711 to actual expenditures; and
1712 4. The identity of each small or minority business used as
1713 a contractor or subcontractor.
1714 (d) Require that the governmental body make and maintain
1715 records in accordance with accepted governmental accounting
1716 principles and practices for each progress payment made for work
1717 performed in connection with the transportation project, each
1718 change order executed by the governmental body, and each payment
1719 made pursuant to a change order. The records are subject to
1720 financial audit as required by law.
1721 (e) Require that the governmental body, upon completion and
1722 acceptance of the transportation project, certify to the
1723 department that the transportation project has been completed in
1724 compliance with the terms and conditions of the contract between
1725 the department and the governmental body and meets the minimum
1726 construction standards established in accordance with s.
1727 336.045.
1728 (f) Specify that the department transfer funds to the
1729 governmental body not more often than quarterly, upon receipt of
1730 a request for funds from the governmental body and consistent
1731 with the needs of the transportation project. The governmental
1732 body shall expend funds received from the department in a timely
1733 manner. The department may not transfer funds unless
1734 construction has begun on the facility of a business on whose
1735 behalf the award was made. A contract totaling less than
1736 $200,000 is exempt from the transfer requirement.
1737 (g) Require that funds be used only on a transportation
1738 project that has been properly reviewed and approved in
1739 accordance with the criteria set forth in this section.
1740 (h) Require that the governing board of the governmental
1741 body adopt a resolution accepting future maintenance and other
1742 attendant costs occurring after completion of the transportation
1743 project if the transportation project is constructed on a county
1744 or municipal system.
1745 (5) For purposes of this section, Space Florida may serve
1746 as the governmental body or as the contracting agency for a
1747 transportation project within spaceport territory as defined by
1748 s. 331.304.
1749 (6) Each governmental body receiving funds under this
1750 section shall submit to the department a financial audit of the
1751 governmental body conducted by an independent certified public
1752 accountant. The department, in consultation with the Department
1753 of Economic Opportunity, shall develop procedures to ensure that
1754 audits are received and reviewed in a timely manner and that
1755 deficiencies or questioned costs noted in the audit are
1756 resolved.
1757 (7) The department shall monitor the construction or
1758 building site for each transportation project that receives
1759 funding under this section, including, but not limited to, the
1760 construction of the business facility, to ensure compliance with
1761 contractual requirements.
1762 Section 33. In order to implement sections 1 and 32 of this
1763 act, which transfer the responsibility of administering economic
1764 development transportation projects from the Department of
1765 Economic Opportunity to the Department of Transportation, with
1766 minimal disruption of services, the Department of Economic
1767 Opportunity shall transfer the following to the Department of
1768 Transportation:
1769 (1) All powers, duties, functions, records, pending issues,
1770 existing contracts, administrative authority, administrative
1771 rules, and unexpended balances of appropriations, allocations,
1772 or other funds relating to the Economic Development
1773 Transportation program.
1774 (2) Any unexpended balances of released appropriations and
1775 appropriations that remain unreleased, and any funds remaining
1776 in the Economic Development Trust Fund relating to economic
1777 development transportation projects.
1778 (3) Any binding contract or interagency agreement in effect
1779 between the Department of Economic Opportunity and any other
1780 agency, entity, or person shall continue as a binding contract
1781 or agreement for the remainder of the term of such contract or
1782 agreement on the successor department responsible for the
1783 program.
1784 Section 34. Section 339.2825, Florida Statutes, is created
1785 to read:
1786 339.2825 Approval of contractor-financed projects.—
1787 (1) Before the department solicits proposals pursuant to s.
1788 334.30 to advance a project programmed in the adopted 5-year
1789 work program or in the 10-year Strategic Intermodal Plan using
1790 funds provided by a public-private partnership or a private
1791 entity to be reimbursed from department funds for the project as
1792 programmed in the adopted work program, the department must
1793 provide a summary of the proposed project to the Executive
1794 Office of the Governor, the chair of each legislative
1795 appropriations committee, the President of the Senate, and the
1796 Speaker of the House of Representatives. The summary must
1797 include a description of any anticipated commitment by the
1798 department for the years outside the adopted work program, a
1799 description of the anticipated impacts on the department’s
1800 overall debt load, and sufficient information to demonstrate
1801 that the project will not cause the department to exceed the
1802 overall debt limitation provided in s. 339.139. The department
1803 may proceed with the project upon approval of the Governor. If
1804 the chair of either legislative appropriations committee, the
1805 President of the Senate, or the Speaker of the House of
1806 Representatives objects to the proposed project in writing
1807 within 14 days after receipt of the summary, the Governor may
1808 not approve the project.
1809 (2) If the department receives an unsolicited proposal
1810 pursuant to s. 334.30 to advance a project programmed in the
1811 adopted 5-year work program or in the 10-year Strategic
1812 Intermodal Plan using funds provided by public-private
1813 partnerships or private entities to be reimbursed from
1814 department funds for the project as programmed in the adopted
1815 work program, the department shall provide a summary of the
1816 proposed project to the Executive Office of the Governor, the
1817 chair of each legislative appropriations committee, the
1818 President of the Senate, and the Speaker of the House of
1819 Representatives before the department advertises receipt of the
1820 proposal as provided in s. 334.30. The summary must include a
1821 description of any anticipated commitments by the department for
1822 the years outside the adopted work program, a description of any
1823 anticipated impacts on the department’s overall debt load, and
1824 sufficient information to demonstrate that the project will not
1825 cause the department to exceed the overall debt limitation
1826 provided in s. 339.14. The department may not accept the
1827 unsolicited proposal, advertise receipt of the unsolicited
1828 proposal, or solicit other proposals for the same project
1829 purpose without the approval of the Executive Office of the
1830 Governor. If the chair of either legislative appropriations
1831 committee, the President of the Senate, or the Speaker of the
1832 House of Representatives objects to the proposed project in
1833 writing within 14 days after receipt of the summary, the
1834 Executive Office of the Governor may not approve the proposed
1835 project.
1836 (3) This section does not apply to a public-private
1837 partnership agreement authorized in s. 334.30(2)(a).
1838 Section 35. Subsection (5) is added to section 339.63,
1839 Florida Statutes, to read:
1840 339.63 System facilities designated; additions and
1841 deletions.—
1842 (5)(a) The Secretary of Transportation shall designate a
1843 planned facility as part of the Strategic Intermodal System upon
1844 request of the facility if it meets the criteria and thresholds
1845 established by the department pursuant to subsection (4), meets
1846 the definition of an intermodal logistics center, and has been
1847 designated in a local comprehensive plan or local government
1848 development order as an intermodal logistics center or an
1849 equivalent planning term. For the purpose of this section, the
1850 term “intermodal logistics center” means a facility or group of
1851 facilities, including, but not limited to, an inland port,
1852 serving as a point of intermodal transfer of freight in a
1853 specific area physically separated from a seaport whose
1854 activities relating to transport, logistics, goods distribution,
1855 consolidation, or value-added activities are carried out and
1856 whose activities and services are designed to support or be
1857 supported by one or more seaports, as provided in s. 311.09, or
1858 an airport whose activities and services are designed to support
1859 the transport, logistics, goods distribution, consolidation, or
1860 value added activities related to airborne cargo.
1861 (b) A facility designated part of the Strategic Intermodal
1862 System pursuant to paragraph (a) which is within the
1863 jurisdiction of a local government and which maintains a
1864 transportation concurrency system shall receive a waiver of
1865 transportation concurrency requirements applicable to Strategic
1866 Intermodal System facilities in order to accommodate any
1867 development at the facility which occurs pursuant to a building
1868 permit issued on or before December 31, 2017, but only if such
1869 facility is located:
1870 1. Within an area designated pursuant to s. 288.0656(7) as
1871 a rural area of critical economic concern;
1872 2. Within a rural enterprise zone as defined in s.
1873 290.004(5); or
1874 3. Within 15 miles of the boundary of a rural area of
1875 critical economic concern or a rural enterprise zone.
1876 Section 36. Section 348.7546, Florida Statutes, is amended
1877 to read:
1878 348.7546 Wekiva Parkway, construction authorized;
1879 financing.—Notwithstanding s. 338.2275,
1880 (1) The Orlando-Orange County Expressway Authority is
1881 hereby authorized to exercise its condemnation powers and to,
1882 construct, finance, operate, own, and maintain those portions of
1883 the Wekiva Parkway which are identified by agreement between the
1884 authority and the department and which are included as part of
1885 the authority’s long-range capital improvement plan. The “Wekiva
1886 Parkway” means any limited access highway or expressway
1887 constructed between State Road 429 and Interstate 4 specifically
1888 incorporating the corridor alignment recommended by
1889 Recommendation 2 of the Wekiva River Basin Area Task Force final
1890 report dated January 15, 2003, and the recommendations of the SR
1891 429 Working Group which that were adopted January 16, 2004. This
1892 project may be financed with any funds available to the
1893 authority for such purpose or revenue bonds issued by the
1894 authority under s. 11, Art. VII of the State Constitution and s.
1895 348.755(1)(b). This section does not invalidate the exercise by
1896 the authority of its condemnation powers or the acquisition of
1897 any property for the Wekiva Parkway before July 1, 2012.
1898 (2) Notwithstanding any other provision of law to the
1899 contrary, in order to ensure that funds are available to the
1900 department for its portion of the Wekiva Parkway, beginning July
1901 1, 2012, the authority shall repay the expenditures by the
1902 department for costs of operation and maintenance of the
1903 Orlando-Orange County Expressway System in accordance with the
1904 terms of the memorandum of understanding between the authority
1905 and the department as ratified by the authority board on
1906 February 22, 2012, which requires the authority to pay the
1907 department $10 million on July 1, 2012, and $20 million on each
1908 successive July 1 until the department has been fully reimbursed
1909 for all costs of the Orlando-Orange County Expressway System
1910 which were paid, advanced, or reimbursed to the authority by the
1911 department, with a final payment in the amount of the balance
1912 remaining. Notwithstanding any other law to the contrary, the
1913 funds paid to the department pursuant to this subsection shall
1914 be allocated by the department for construction of the Wekiva
1915 Parkway.
1916 (3) The department’s obligation to construct its portions
1917 of the Wekiva Parkway is contingent upon the timely payment by
1918 the authority of the annual payments required of the authority,
1919 and receipt of the required environmental permits and approvals
1920 by the Federal Government.
1921 Section 37. Subsection (6) is added to section 348.755,
1922 Florida Statutes, to read:
1923 348.755 Bonds of the authority.—
1924 (6) Notwithstanding any other provision of law to the
1925 contrary, on and after July 1, 2012, the authority may not issue
1926 any bonds except as permitted under the terms of the memorandum
1927 of understanding between the authority and the department as
1928 ratified by the authority board on February 22, 2012.
1929 Section 38. Subsections (8) and (9) are added to section
1930 348.757, Florida Statutes, to read:
1931 348.757 Lease-purchase agreement.—
1932 (8) The only lease-purchase agreement authorized by this
1933 section is the lease-purchase agreement between the department
1934 and the authority dated December 23, 1985, as supplemented by a
1935 first supplement to the lease-purchase agreement dated November
1936 25, 1986, and a second supplement to the lease-purchase
1937 agreement dated October 27, 1988.
1938 (9) Upon the earlier of the defeasance, redemption, or
1939 payment in full of the authority bonds issued before July 1,
1940 2012, or the earlier date to which the purchasers of the
1941 authority bonds have consented:
1942 (a) The obligations of the department under the lease-
1943 purchase agreement with the authority, including any obligation
1944 to pay any cost of operation, maintenance, repair, or
1945 rehabilitation of the expressway system, terminate;
1946 (b) The lease purchase agreement terminates;
1947 (c) The expressway system remains the property of the
1948 authority and may not be transferred to the department; and
1949 (d) The authority remains obligated to reimburse the
1950 department in accordance with the terms of the memorandum of
1951 understanding between the authority and the department as
1952 ratified by the authority board on February 22, 2012.
1953 Section 39. Subsections (2) and (5) of section 369.317,
1954 Florida Statutes, are amended to read:
1955 369.317 Wekiva Parkway.—
1956 (2) The Wekiva Parkway and related transportation
1957 facilities shall follow the design criteria contained in the
1958 recommendations of the Wekiva River Basin Area Task Force
1959 adopted by reference by the Wekiva River Basin Coordinating
1960 Committee in its final report of March 16, 2004, and the
1961 recommendations of the Wekiva Coordinating Committee contained
1962 in its final report of March 16, 2004, subject to reasonable
1963 environmental, economic, and engineering considerations. For
1964 those activities associated with the Wekiva Parkway and related
1965 transportation facilities which require authorization pursuant
1966 to part IV of chapter 373, the Department of Environmental
1967 Protection is the exclusive permitting authority.
1968 (5) In Seminole County, the Seminole County Expressway
1969 Authority, the Department of Transportation, and the Florida
1970 Turnpike Enterprise shall locate the precise corridor and
1971 interchanges for the Wekiva Parkway consistent with the
1972 legislative intent expressed in this act and other provisions of
1973 this act.
1974 Section 40. Paragraph (a) of subsection (4) of section
1975 377.809, Florida Statutes, is amended to read:
1976 377.809 Energy Economic Zone Pilot Program.—
1977 (4)(a) Beginning July 1, 2012, all the incentives and
1978 benefits provided for enterprise zones pursuant to state law
1979 shall be available to the energy economic zones designated
1980 pursuant to this section on or before July 1, 2010. In order to
1981 provide incentives, by March 1, 2012, each local governing body
1982 that has jurisdiction over an energy economic zone must, by
1983 local ordinance, establish the boundary of the energy economic
1984 zone, specify applicable energy-efficiency standards, and
1985 determine eligibility criteria for the application of state and
1986 local incentives and benefits in the energy economic zone.
1987 However, in order to receive benefits provided under s. 288.106,
1988 a business must be a qualified target industry business under s.
1989 288.106 for state purposes. An energy economic zone’s boundary
1990 may be revised by local ordinance. Such incentives and benefits
1991 include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
1992 288.106, and 624.5105 and the public utility discounts provided
1993 in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
1994 shall be for renewable energy as defined in s. 377.803. For
1995 purposes of this section, any applicable requirements for
1996 employee residency for higher refund or credit thresholds must
1997 be based on employee residency in the energy economic zone or an
1998 enterprise zone. A business in an energy economic zone may also
1999 be eligible for funding under ss. 288.047 and 445.003, and a
2000 transportation project in an energy economic zone shall be
2001 provided priority in funding under s. 339.2821 288.063. Other
2002 projects shall be given priority ranking to the extent
2003 practicable for grants administered under state energy programs.
2004 Section 41. The funds in the Toll Facilities Revolving
2005 Trust Fund and all future payments of obligated funds shall be
2006 deposited into the State Transportation Trust Fund to be
2007 expended for the purposes specified in s. 339.08, Florida
2008 Statutes.
2009 Section 42. Notwithstanding s. 120.569, s. 120.57, or s.
2010 373.427, Florida Statutes, or any other provision of law to the
2011 contrary, a challenge to a consolidated environmental resource
2012 permit or an associated variance or a sovereign submerged lands
2013 authorization proposed or issued by the Department of
2014 Environmental Protection in connection with the state’s
2015 deepwater ports, as listed in s. 403.021(9), Florida Statutes,
2016 shall be conducted pursuant to the summary hearing provisions of
2017 s. 120.574, Florida Statutes. However, the summary proceeding
2018 shall be conducted within 30 days after a party files a motion
2019 for a summary hearing, regardless of whether the parties agree
2020 to the summary proceeding, and the administrative law judge’s
2021 decision shall be in the form of a recommended order and does
2022 not constitute final agency action of the department. The
2023 Department of Environmental Protection shall issue the final
2024 order within 45 working days after receipt of the administrative
2025 law judge’s recommended order. The summary hearing provisions of
2026 this section apply to pending administrative proceedings,
2027 however, s. 120.574(1)(b) and (d) and (2)(a)3. and 5., Florida
2028 Statutes, do not apply to pending administrative proceedings.
2029 This section shall take effect upon this act becoming a law.
2030 Section 43. Except as otherwise expressly provided in this
2031 act and except for this section, which shall take effect upon
2032 this act becoming a law, this act shall take effect July 1,
2033 2012.