Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1272
       
       
       
       
       
                               Ì3761181Î376118                          
       
       576-04081A-14                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation and motor vehicles;
    3         amending s. 20.23, F.S.; requiring the Florida
    4         Transportation Commission to monitor the Mid-Bay
    5         Bridge Authority; repealing the Florida Statewide
    6         Passenger Rail Commission; amending s. 61.13016, F.S.;
    7         revising notification requirements with respect to the
    8         suspension of the driver license of a child support
    9         obligor; requiring delinquent child support obligors
   10         to provide certain documentation within a specified
   11         period in order to prevent the suspension of a driver
   12         license; amending s. 110.205, F.S.; conforming cross
   13         references; creating s. 316.0778, F.S.; defining the
   14         term “automated license plate recognition system”;
   15         requiring the Department of State to consult with the
   16         Department of Law Enforcement in establishing a
   17         retention schedule for records generated by the use of
   18         an automated license plate recognition system;
   19         creating s. 316.0817, F.S.; prohibiting a bus from
   20         stopping to load or unload passengers in a manner that
   21         impedes, blocks, or otherwise restricts the
   22         progression of traffic under certain circumstances;
   23         amending s. 316.1975, F.S.; authorizing an operator of
   24         a vehicle that is started by remote control to let the
   25         vehicle stand unattended under certain circumstances;
   26         amending s. 316.2952, F.S.; revising a provision
   27         exempting a global position system device or similar
   28         satellite receiver device from the prohibition of
   29         attachments on windshields; amending s. 316.86, F.S.;
   30         revising provisions relating to the operation of
   31         vehicles equipped with autonomous technology on state
   32         roads for testing purposes; authorizing research
   33         organizations associated with accredited educational
   34         institutions to operate such vehicles; authorizing the
   35         testing of such vehicles on certain roadways
   36         designated by the Department of Transportation and the
   37         applicable local government or authority; deleting an
   38         obsolete provision; amending s. 320.02, F.S.;
   39         requiring, rather than authorizing, the Department of
   40         Highway Safety and Motor Vehicles to withhold the
   41         renewal of registration or replacement registration of
   42         a motor vehicle identified in a notice submitted by a
   43         lienor for failure to surrender the vehicle if the
   44         applicant’s name is on the list of persons who may not
   45         be issued a license plate or revalidation sticker;
   46         revising the conditions under which a revalidation
   47         sticker or replacement license plate may be issued;
   48         amending s. 320.08056, F.S.; defining the terms
   49         “administrative costs” and “administrative expenses”
   50         for purposes of the section and s. 320.08058, F.S.;
   51         amending s. 320.08062, F.S.; revising provisions
   52         relating to audit and attestation requirements for
   53         annual use fee proceeds; requiring the Department of
   54         Highway Safety and Motor Vehicles to discontinue the
   55         distribution of revenues to an organization that does
   56         not meet specified requirements; authorizing the
   57         department to resume the distribution of revenue under
   58         certain conditions; requiring a report to the
   59         Legislature; requiring the discontinuance of a
   60         specialty plate under certain circumstances; amending
   61         chapter 2008-176, Laws of Florida, as amended;
   62         extending the prohibition on the issuance of new
   63         specialty license plates; amending s. 320.083, F.S.;
   64         revising the requirements for a special license plate;
   65         amending s. 320.1316, F.S.; prohibiting the department
   66         from issuing a license plate, revalidation sticker, or
   67         replacement license plate for a vehicle or vessel
   68         identified in a notice from a lienor; requiring that a
   69         notice to surrender a vehicle or vessel be signed
   70         under oath by the lienor; authorizing a registered
   71         owner of a vehicle to bring a civil action, rather
   72         than to notify the department and present certain
   73         proof, to dispute a notice to surrender a vehicle or
   74         vessel or his or her inclusion on the list of persons
   75         who may not be issued a license plate or revalidation
   76         sticker; providing a procedure for such a civil
   77         action; providing for the award of attorney fees and
   78         costs; amending s. 320.771, F.S.; requiring a licensed
   79         recreational vehicle dealer who applies for a
   80         supplemental license to hold certain off-premises
   81         sales to notify the local Department of Highway Safety
   82         and Motor Vehicles office of the dates and location
   83         for such sales; specifying requirements for licensed
   84         recreational vehicle dealers to hold such sales;
   85         creating s. 322.032, F.S.; requiring the Department of
   86         Highway Safety and Motor Vehicles to begin to review
   87         and prepare for the development of a system for
   88         issuing an optional digital proof of driver license;
   89         authorizing the Department of Highway Safety and Motor
   90         Vehicles to contract with private entities to develop
   91         the system; providing requirements for digital proof
   92         of driver license; providing criminal penalties for
   93         manufacturing or possessing a false digital proof of
   94         driver license; amending s. 322.055, F.S.; reducing
   95         the mandatory period of revocation or suspension of,
   96         or delay in eligibility for, a driver license for
   97         persons convicted of certain drug offenses; requiring
   98         the court to make a determination as to whether a
   99         restricted license would be appropriate for persons
  100         convicted of certain drug offenses; amending s.
  101         322.058, F.S.; requiring the Department of Highway
  102         Safety and Motor Vehicles to reinstate the driving
  103         privilege and allow registration of a motor vehicle of
  104         a child support obligor upon receipt of an affidavit
  105         containing specified information; amending s. 322.059,
  106         F.S.; requiring the Department of Highway Safety and
  107         Motor Vehicles to invalidate the digital proof of
  108         driver license for a person whose license or
  109         registration has been suspended; amending s. 322.12,
  110         F.S.; requiring that certain test fees incurred by
  111         certain applicants for a driver license be retained by
  112         the tax collector; amending s. 322.15, F.S.;
  113         authorizing a digital proof of driver license to be
  114         accepted in lieu of a physical driver license;
  115         amending s. 322.21, F.S.; authorizing certain tax
  116         collectors to retain a replacement driver license or
  117         identification card fee under certain circumstances;
  118         exempting certain individuals who are homeless or
  119         whose annual income is at or below a certain
  120         percentage of the federal poverty level from paying a
  121         fee for an original, renewal, or replacement
  122         identification card; amending s. 337.25, F.S.;
  123         authorizing the Department of Transportation to use
  124         auction services in the conveyance of certain property
  125         or leasehold interests; revising certain inventory
  126         requirements; revising provisions relating to, and
  127         providing criteria for, the disposition of certain
  128         excess property by the Department of Transportation;
  129         providing criteria for the disposition of donated
  130         property, property used for a public purpose, or
  131         property acquired to provide replacement housing for
  132         certain displaced persons; providing value offsets for
  133         property that requires significant maintenance costs
  134         or exposes the Department of Transportation to
  135         significant liability; providing procedures for the
  136         sale of property to abutting property owners; deleting
  137         provisions to conform to changes made by the act;
  138         providing monetary restrictions and criteria for the
  139         conveyance of certain leasehold interests; providing
  140         exceptions to restrictions for leases entered into for
  141         a public purpose; providing criteria for the
  142         preparation of estimates of value prepared by the
  143         Department of Transportation; providing that the
  144         requirements of s. 73.013, F.S., relating to eminent
  145         domain are not modified; amending s. 337.251, F.S.;
  146         revising criteria for leasing certain Department of
  147         Transportation property; increasing the time for the
  148         Department of Transportation to accept proposals for
  149         lease after a notice is published; directing the
  150         Department of Transportation to establish an
  151         application fee by rule; providing criteria for the
  152         fee; providing criteria for a proposed lease;
  153         requiring the Department of Transportation to provide
  154         an independent analysis of a proposed lease; amending
  155         s. 339.175, F.S.; increasing the maximum number of
  156         apportioned members that may compose the voting
  157         membership of a metropolitan planning organization
  158         (M.P.O.); providing that the governing board of a
  159         multicounty M.P.O. may be made up of any combination
  160         of county commissioners from the counties constituting
  161         the M.P.O; providing that a voting member of an M.P.O
  162         may represent a group of general-purpose local
  163         governments through an entity created by the M.P.O.;
  164         requiring each M.P.O. to review and reapportion its
  165         membership as necessary in conjunction with the
  166         decennial census, the agreement of the affected units
  167         of the M.P.O., and the agreement of the Governor;
  168         removing provisions requiring the Governor to
  169         apportion, review, and reapportion the composition of
  170         an M.P.O. membership; revising a provision regarding
  171         bylaws to allow the M.P.O. governing board to
  172         establish bylaws; amending s. 339.2821, F.S.;
  173         authorizing Enterprise Florida, Inc., to be a
  174         consultant to the Department of Transportation for
  175         consideration of expenditures associated with and
  176         contracts for transportation projects; revising the
  177         requirements for economic development transportation
  178         project contracts between the Department of
  179         Transportation and a governmental entity; amending s.
  180         526.141, F.S.; requiring full-service gasoline
  181         stations offering self-service at a lesser cost to
  182         display an additional decal; requiring the decal to
  183         contain certain information; requiring the Department
  184         of Agriculture and Consumer Services to adopt rules to
  185         implement and enforce this requirement; providing for
  186         preemption of local regulations pertaining to fueling
  187         assistance for certain motor vehicle operators;
  188         amending s. 562.11, F.S.; authorizing the court to
  189         direct the Department of Highway Safety and Motor
  190         Vehicles to issue a restricted driver license to
  191         certain persons; amending s. 812.0155, F.S.; deleting
  192         a provision requiring the suspension of the driver
  193         license of a person adjudicated guilty of certain
  194         offenses; authorizing the court to direct the
  195         Department of Highway Safety and Motor Vehicles to
  196         issue a restricted driver license to certain persons;
  197         amending s. 832.09, F.S.; providing that the
  198         suspension of a driver license of a person being
  199         prosecuted for passing a worthless check is
  200         discretionary; amending chapter 85-364, Laws of
  201         Florida, as amended; providing that maintenance costs
  202         are eligible for payment from certain toll revenues as
  203         specified; removing references to certain completed
  204         projects; directing the Department of Highway Safety
  205         and Motor Vehicles to develop a plan that addresses
  206         certain vehicle registration holds; providing an
  207         effective date.
  208          
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. Paragraph (b) of subsection (2) and subsection
  212  (3) of section 20.23, Florida Statutes, are amended to read:
  213         20.23 Department of Transportation.—There is created a
  214  Department of Transportation which shall be a decentralized
  215  agency.
  216         (2)
  217         (b) The commission shall have the primary functions to:
  218         1. Recommend major transportation policies for the
  219  Governor’s approval, and assure that approved policies and any
  220  revisions thereto are properly executed.
  221         2. Periodically review the status of the state
  222  transportation system including highway, transit, rail, seaport,
  223  intermodal development, and aviation components of the system
  224  and recommend improvements therein to the Governor and the
  225  Legislature.
  226         3. Perform an in-depth evaluation of the annual department
  227  budget request, the Florida Transportation Plan, and the
  228  tentative work program for compliance with all applicable laws
  229  and established departmental policies. Except as specifically
  230  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  231  not consider individual construction projects, but shall
  232  consider methods of accomplishing the goals of the department in
  233  the most effective, efficient, and businesslike manner.
  234         4. Monitor the financial status of the department on a
  235  regular basis to assure that the department is managing revenue
  236  and bond proceeds responsibly and in accordance with law and
  237  established policy.
  238         5. Monitor on at least a quarterly basis, the efficiency,
  239  productivity, and management of the department, using
  240  performance and production standards developed by the commission
  241  pursuant to s. 334.045.
  242         6. Perform an in-depth evaluation of the factors causing
  243  disruption of project schedules in the adopted work program and
  244  recommend to the Governor Legislature and the Legislature
  245  Governor methods to eliminate or reduce the disruptive effects
  246  of these factors.
  247         7. Recommend to the Governor and the Legislature
  248  improvements to the department’s organization in order to
  249  streamline and optimize the efficiency of the department. In
  250  reviewing the department’s organization, the commission shall
  251  determine if the current district organizational structure is
  252  responsive to this state’s Florida’s changing economic and
  253  demographic development patterns. The initial report by the
  254  commission must be delivered to the Governor and the Legislature
  255  by December 15, 2000, and each year thereafter, as appropriate.
  256  The commission may retain such experts as are reasonably
  257  necessary to carry out effectuate this subparagraph, and the
  258  department shall pay the expenses of the such experts.
  259         8. Monitor the efficiency, productivity, and management of
  260  the authorities created under chapters 348 and 349, including
  261  any authority formed using the provisions of part I of chapter
  262  348; the Mid-Bay Bridge Authority re-created pursuant to chapter
  263  2000-411, Laws of Florida; and any authority formed under
  264  chapter 343 which is not monitored under subsection (3). The
  265  commission shall also conduct periodic reviews of each
  266  authority’s operations and budget, acquisition of property,
  267  management of revenue and bond proceeds, and compliance with
  268  applicable laws and generally accepted accounting principles.
  269         (3) There is created the Florida Statewide Passenger Rail
  270  Commission.
  271         (a)1. The commission shall consist of nine voting members
  272  appointed as follows:
  273         a. Three members shall be appointed by the Governor, one of
  274  whom must have a background in the area of environmental
  275  concerns, one of whom must have a legislative background, and
  276  one of whom must have a general business background.
  277         b. Three members shall be appointed by the President of the
  278  Senate, one of whom must have a background in civil engineering,
  279  one of whom must have a background in transportation
  280  construction, and one of whom must have a general business
  281  background.
  282         c. Three members shall be appointed by the Speaker of the
  283  House of Representatives, one of whom must have a legal
  284  background, one of whom must have a background in financial
  285  matters, and one of whom must have a general business
  286  background.
  287         2. The initial term of each member appointed by the
  288  Governor shall be for 4 years. The initial term of each member
  289  appointed by the President of the Senate shall be for 3 years.
  290  The initial term of each member appointed by the Speaker of the
  291  House of Representatives shall be for 2 years. Succeeding terms
  292  for all members shall be for 4 years.
  293         3. A vacancy occurring during a term shall be filled by the
  294  respective appointing authority in the same manner as the
  295  original appointment and only for the balance of the unexpired
  296  term. An appointment to fill a vacancy shall be made within 60
  297  days after the occurrence of the vacancy.
  298         4. The commission shall elect one of its members as chair
  299  of the commission. The chair shall hold office at the will of
  300  the commission. Five members of the commission shall constitute
  301  a quorum, and the vote of five members shall be necessary for
  302  any action taken by the commission. The commission may meet upon
  303  the constitution of a quorum. A vacancy in the commission does
  304  not impair the right of a quorum to exercise all rights and
  305  perform all duties of the commission.
  306         5. The members of the commission are not entitled to
  307  compensation but are entitled to reimbursement for travel and
  308  other necessary expenses as provided in s. 112.061.
  309         (b) The commission shall have the primary functions of:
  310         1. Monitoring the efficiency, productivity, and management
  311  of all publicly funded passenger rail systems in the state,
  312  including, but not limited to, any authority created under
  313  chapter 343, chapter 349, or chapter 163 if the authority
  314  receives public funds for the provision of passenger rail
  315  service. The commission shall advise each monitored authority of
  316  its findings and recommendations. The commission shall also
  317  conduct periodic reviews of each monitored authority’s passenger
  318  rail and associated transit operations and budget, acquisition
  319  of property, management of revenue and bond proceeds, and
  320  compliance with applicable laws and generally accepted
  321  accounting principles. The commission may seek the assistance of
  322  the Auditor General in conducting such reviews and shall report
  323  the findings of such reviews to the Legislature. This paragraph
  324  does not preclude the Florida Transportation Commission from
  325  conducting its performance and work program monitoring
  326  responsibilities.
  327         2. Advising the department on policies and strategies used
  328  in planning, designing, building, operating, financing, and
  329  maintaining a coordinated statewide system of passenger rail
  330  services.
  331         3. Evaluating passenger rail policies and providing advice
  332  and recommendations to the Legislature on passenger rail
  333  operations in the state.
  334         (c) The commission or a member of the commission may not
  335  enter into the day-to-day operation of the department or a
  336  monitored authority and is specifically prohibited from taking
  337  part in:
  338         1. The awarding of contracts.
  339         2. The selection of a consultant or contractor or the
  340  prequalification of any individual consultant or contractor.
  341  However, the commission may recommend to the secretary standards
  342  and policies governing the procedure for selection and
  343  prequalification of consultants and contractors.
  344         3. The selection of a route for a specific project.
  345         4. The specific location of a transportation facility.
  346         5. The acquisition of rights-of-way.
  347         6. The employment, promotion, demotion, suspension,
  348  transfer, or discharge of any department personnel.
  349         7. The granting, denial, suspension, or revocation of any
  350  license or permit issued by the department.
  351         (d) The commission is assigned to the Office of the
  352  Secretary of the Department of Transportation for administrative
  353  and fiscal accountability purposes, but it shall otherwise
  354  function independently of the control and direction of the
  355  department except that reasonable expenses of the commission
  356  shall be subject to approval by the Secretary of Transportation.
  357  The department shall provide administrative support and service
  358  to the commission.
  359         Section 2. Section 61.13016, Florida Statutes, is amended
  360  to read:
  361         61.13016 Suspension of driver driver’s licenses and motor
  362  vehicle registrations.—
  363         (1) The driver driver’s license and motor vehicle
  364  registration of a support obligor who is delinquent in payment
  365  or who has failed to comply with subpoenas or a similar order to
  366  appear or show cause relating to paternity or support
  367  proceedings may be suspended. When an obligor is 15 days
  368  delinquent making a payment in support or failure to comply with
  369  a subpoena, order to appear, order to show cause, or similar
  370  order in IV-D cases, the Title IV-D agency may provide notice to
  371  the obligor of the delinquency or failure to comply with a
  372  subpoena, order to appear, order to show cause, or similar order
  373  and the intent to suspend by regular United States mail that is
  374  posted to the obligor’s last address of record with the
  375  Department of Highway Safety and Motor Vehicles. When an obligor
  376  is 15 days delinquent in making a payment in support in non-IV-D
  377  cases, and upon the request of the obligee, the depository or
  378  the clerk of the court must provide notice to the obligor of the
  379  delinquency and the intent to suspend by regular United States
  380  mail that is posted to the obligor’s last address of record with
  381  the Department of Highway Safety and Motor Vehicles. In either
  382  case, the notice must state:
  383         (a) The terms of the order creating the support obligation;
  384         (b) The period of the delinquency and the total amount of
  385  the delinquency as of the date of the notice or describe the
  386  subpoena, order to appear, order to show cause, or other similar
  387  order that which has not been complied with;
  388         (c) That notification will be given to the Department of
  389  Highway Safety and Motor Vehicles to suspend the obligor’s
  390  driver driver’s license and motor vehicle registration unless,
  391  within 20 days after the date that the notice is mailed, the
  392  obligor:
  393         1.a. Pays the delinquency in full and any other costs and
  394  fees accrued between the date of the notice and the date the
  395  delinquency is paid;
  396         b. Enters into a written agreement for payment with the
  397  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
  398  cases; or in IV-D cases, complies with a subpoena or order to
  399  appear, order to show cause, or a similar order; or
  400         c. Files a petition with the circuit court to contest the
  401  delinquency action; and
  402         d. Demonstrates that he or she receives reemployment
  403  assistance or unemployment compensation pursuant to chapter 443;
  404         e. Demonstrates that he or she is disabled and incapable of
  405  self-support or that he or she receives benefits under the
  406  federal Supplemental Security Income or Social Security
  407  Disability Insurance programs;
  408         f. Demonstrates that he or she receives temporary cash
  409  assistance pursuant to chapter 414; or
  410         g. Demonstrates that he or she is making payments in
  411  accordance with a confirmed bankruptcy plan under chapter 11,
  412  chapter 12, or chapter 13 of the United States Bankruptcy Code,
  413  11 U.S.C. ss. 101 et seq.; and
  414         2. Pays any applicable delinquency fees.
  415  
  416  If an the obligor in a non-IV-D case cases enters into a written
  417  agreement for payment before the expiration of the 20-day
  418  period, the obligor must provide a copy of the signed written
  419  agreement to the depository or the clerk of the court. If an
  420  obligor seeks to satisfy sub-subparagraph 1.d., sub-subparagraph
  421  1.e., sub-subparagraph 1.f., or sub-subparagraph 1.g. before
  422  expiration of the 20-day period, the obligor must provide the
  423  applicable documentation or proof to the depository or the clerk
  424  of the court.
  425         (2)(a) Upon petition filed by the obligor in the circuit
  426  court within 20 days after the mailing date of the notice, the
  427  court may, in its discretion, direct the department to issue a
  428  license for driving privilege privileges restricted to business
  429  purposes only, as defined by s. 322.271, if the person is
  430  otherwise qualified for such a license. As a condition for the
  431  court to exercise its discretion under this subsection, the
  432  obligor must agree to a schedule of payment on any child support
  433  arrearages and to maintain current child support obligations. If
  434  the obligor fails to comply with the schedule of payment, the
  435  court shall direct the Department of Highway Safety and Motor
  436  Vehicles to suspend the obligor’s driver driver’s license.
  437         (b) The obligor must serve a copy of the petition on the
  438  Title IV-D agency in IV-D cases or on the depository or the
  439  clerk of the court in non-IV-D cases. When an obligor timely
  440  files a petition to set aside a suspension, the court must hear
  441  the matter within 15 days after the petition is filed. The court
  442  must enter an order resolving the matter within 10 days after
  443  the hearing, and a copy of the order must be served on the
  444  parties. The timely filing of a petition under this subsection
  445  stays the intent to suspend until the entry of a court order
  446  resolving the matter.
  447         (3) If the obligor does not, within 20 days after the
  448  mailing date on the notice, pay the delinquency;, enter into a
  449  written payment agreement;, comply with the subpoena, order to
  450  appear, order to show cause, or other similar order;, or file a
  451  motion to contest; or satisfy sub-subparagraph (1)(c)1.d., sub
  452  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
  453  subparagraph (1)(c)1.g., the Title IV-D agency in IV-D cases, or
  454  the depository or clerk of the court in non-IV-D cases, may
  455  shall file the notice with the Department of Highway Safety and
  456  Motor Vehicles and request the suspension of the obligor’s
  457  driver driver’s license and motor vehicle registration in
  458  accordance with s. 322.058.
  459         (4) The obligor may, within 20 days after the mailing date
  460  on the notice of delinquency or noncompliance and intent to
  461  suspend, file in the circuit court a petition to contest the
  462  notice of delinquency or noncompliance and intent to suspend on
  463  the ground of mistake of fact regarding the existence of a
  464  delinquency or the identity of the obligor. The obligor must
  465  serve a copy of the petition on the Title IV-D agency in IV-D
  466  cases or depository or clerk of the court in non-IV-D cases.
  467  When an obligor timely files a petition to contest, the court
  468  must hear the matter within 15 days after the petition is filed.
  469  The court must enter an order resolving the matter within 10
  470  days after the hearing, and a copy of the order must be served
  471  on the parties. The timely filing of a petition to contest stays
  472  the notice of delinquency and intent to suspend until the entry
  473  of a court order resolving the matter.
  474         (5) The procedures prescribed in this section and s.
  475  322.058 may be used to enforce compliance with an order to
  476  appear for genetic testing.
  477         Section 3. Paragraphs (j), (m), and (q) of subsection (2)
  478  of section 110.205, Florida Statutes, are amended to read:
  479         110.205 Career service; exemptions.—
  480         (2) EXEMPT POSITIONS.—The exempt positions that are not
  481  covered by this part include the following:
  482         (j) The appointed secretaries and the State Surgeon
  483  General, assistant secretaries, deputy secretaries, and deputy
  484  assistant secretaries of all departments; the executive
  485  directors, assistant executive directors, deputy executive
  486  directors, and deputy assistant executive directors of all
  487  departments; the directors of all divisions and those positions
  488  determined by the department to have managerial responsibilities
  489  comparable to such positions, which positions include, but are
  490  not limited to, program directors, assistant program directors,
  491  district administrators, deputy district administrators, the
  492  Director of Central Operations Services of the Department of
  493  Children and Families Family Services, the State Transportation
  494  Development Administrator, the State Public Transportation and
  495  Modal Administrator, district secretaries, district directors of
  496  transportation development, transportation operations,
  497  transportation support, and the managers of the offices of the
  498  Department of Transportation specified in s. 20.23(3)(b) s.
  499  20.23(4)(b), of the Department of Transportation. Unless
  500  otherwise fixed by law, the department shall set the salary and
  501  benefits of these positions in accordance with the rules of the
  502  Senior Management Service; and the positions of county health
  503  department directors and county health department administrators
  504  of the Department of Health in accordance with the rules of the
  505  Senior Management Service.
  506         (m) All assistant division director, deputy division
  507  director, and bureau chief positions in any department, and
  508  those positions determined by the department to have managerial
  509  responsibilities comparable to such positions, which include,
  510  but are not limited to:
  511         1. Positions in the Department of Health and the Department
  512  of Children and Families which Family Services that are assigned
  513  primary duties of serving as the superintendent or assistant
  514  superintendent of an institution.
  515         2. Positions in the Department of Corrections which that
  516  are assigned primary duties of serving as the warden, assistant
  517  warden, colonel, or major of an institution or that are assigned
  518  primary duties of serving as the circuit administrator or deputy
  519  circuit administrator.
  520         3. Positions in the Department of Transportation which that
  521  are assigned primary duties of serving as regional toll managers
  522  and managers of offices, as specified defined in s. 20.23(3)(b)
  523  and (4)(c) s. 20.23(4)(b) and (5)(c).
  524         4. Positions in the Department of Environmental Protection
  525  which that are assigned the duty of an Environmental
  526  Administrator or program administrator.
  527         5. Positions in the Department of Health which that are
  528  assigned the duties of Environmental Administrator, Assistant
  529  County Health Department Director, and County Health Department
  530  Financial Administrator.
  531         6. Positions in the Department of Highway Safety and Motor
  532  Vehicles which that are assigned primary duties of serving as
  533  captains in the Florida Highway Patrol.
  534  
  535  Unless otherwise fixed by law, the department shall set the
  536  salary and benefits of the positions listed in this paragraph in
  537  accordance with the rules established for the Selected Exempt
  538  Service.
  539         (q) The staff directors, assistant staff directors,
  540  district program managers, district program coordinators,
  541  district subdistrict administrators, district administrative
  542  services directors, district attorneys, and the Deputy Director
  543  of Central Operations Services of the Department of Children and
  544  Families Family Services. Unless otherwise fixed by law, the
  545  department shall establish the salary pay band and benefits for
  546  these positions in accordance with the rules of the Selected
  547  Exempt Service.
  548         Section 4. Section 316.0778, Florida Statutes, is created
  549  to read:
  550         316.0778 Automated license plate recognition systems;
  551  records retention.—
  552         (1) As used in this section, the term “automated license
  553  plate recognition system” means a system of one or more mobile
  554  or fixed high-speed cameras combined with computer algorithms to
  555  convert images of license plates into computer-readable data.
  556         (2) In consultation with the Department of Law Enforcement,
  557  the Department of State shall establish a retention schedule for
  558  records containing images and data generated through the use of
  559  an automated license plate recognition system. The retention
  560  schedule must establish a maximum period that the records may be
  561  retained.
  562         Section 5. Section 316.0817, Florida Statutes, is created
  563  to read:
  564         316.0817 Loading and unloading of bus passengers.—
  565         (1) Notwithstanding any other law, a bus may not stop to
  566  load or unload passengers in a manner that impedes, blocks, or
  567  otherwise restricts the progression of traffic on the main
  568  traveled portion of a roadway if there is another reasonable
  569  means for the bus to stop parallel to the travel lane and safely
  570  load and unload passengers. As used in this section, the term
  571  “reasonable means” means sufficient unobstructed pavement or a
  572  designated turn lane that is sufficient in length to allow the
  573  safe loading and unloading of passengers parallel to the travel
  574  lane.
  575         (2) This section does not apply to a school bus.
  576         Section 6. Paragraph (d) is added to subsection (2) of
  577  section 316.1975, Florida Statutes, to read:
  578         316.1975 Unattended motor vehicle.—
  579         (2) This section does not apply to the operator of:
  580         (d) A vehicle that is started by remote control while the
  581  ignition, transmission, and doors are locked.
  582         Section 7. Paragraph (d) of subsection (2) of section
  583  316.2952, Florida Statutes, is amended to read:
  584         316.2952 Windshields; requirements; restrictions.—
  585         (2) A person shall not operate any motor vehicle on any
  586  public highway, road, or street with any sign, sunscreening
  587  material, product, or covering attached to, or located in or
  588  upon, the windshield, except the following:
  589         (d) A global positioning system device or similar satellite
  590  receiver device that which uses the global positioning system
  591  operated pursuant to 10 U.S.C. s. 2281 to obtain for the purpose
  592  of obtaining navigation, to improve driver safety as a component
  593  of safety monitoring equipment capable of providing driver
  594  feedback, or to otherwise route routing information while the
  595  motor vehicle is being operated.
  596         Section 8. Subsections (1) and (3) of section 316.86,
  597  Florida Statutes, are amended to read:
  598         316.86 Operation of vehicles equipped with autonomous
  599  technology on roads for testing purposes; financial
  600  responsibility; exemption from liability for manufacturer when
  601  third party converts vehicle; report.—
  602         (1) Vehicles equipped with autonomous technology may be
  603  operated on roads in this state by employees, contractors, or
  604  other persons designated by manufacturers of autonomous
  605  technology, or by research organizations associated with
  606  accredited educational institutions, for the purpose of testing
  607  the technology. For testing purposes, a human operator must
  608  retain shall be present in the autonomous vehicle such that he
  609  or she has the ability to monitor the vehicle’s performance and
  610  intervene, if necessary, unless the vehicle is being tested or
  611  demonstrated on a closed course or any other autonomous vehicle
  612  testing roadway as designated by the Department of
  613  Transportation and the applicable local government or authority.
  614  Before Prior to the start of testing in this state, the entity
  615  performing the testing must submit to the Department of Highway
  616  Safety and Motor Vehicles an instrument of insurance, surety
  617  bond, or proof of self-insurance acceptable to the department in
  618  the amount of $5 million.
  619         (3) By February 12, 2014, the Department of Highway Safety
  620  and Motor Vehicles shall submit a report to the President of the
  621  Senate and the Speaker of the House of Representatives
  622  recommending additional legislative or regulatory action that
  623  may be required for the safe testing and operation of motor
  624  vehicles equipped with autonomous technology.
  625         Section 9. Subsection (17) of section 320.02, Florida
  626  Statutes, is amended to read:
  627         320.02 Registration required; application for registration;
  628  forms.—
  629         (17) If an any applicant’s name appears on a list of
  630  persons who may not be issued a license plate, revalidation
  631  sticker, or replacement license plate after a written notice to
  632  surrender a vehicle was submitted to the department by a lienor
  633  as provided in s. 320.1316, the department shall may withhold
  634  renewal of registration or replacement registration of the any
  635  motor vehicle identified in owned by the applicant at the time
  636  the notice was submitted by the lienor. The lienor must maintain
  637  proof that written notice to surrender the vehicle was sent to
  638  each registered owner pursuant to s. 320.1316(1). A revalidation
  639  sticker or replacement license plate may not be issued for the
  640  identified vehicle until the that person’s name no longer
  641  appears on the list, or until the person presents documentation
  642  from the lienor that the vehicle has been surrendered to the
  643  lienor, or a court orders the person’s name removed from the
  644  list as provided in s. 320.1316. The department may shall not
  645  withhold an initial registration in connection with an
  646  applicant’s purchase or lease of a motor vehicle solely because
  647  the applicant’s name is on the list created by s. 320.1316.
  648         Section 10. Subsection (10) of section 320.08056, Florida
  649  Statutes, is amended to read:
  650         320.08056 Specialty license plates.—
  651         (10) A specialty license plate annual use fee collected and
  652  distributed under this chapter, or any interest earned from
  653  those fees, may not be used for commercial or for-profit
  654  activities nor for general or administrative expenses, except as
  655  authorized by s. 320.08058 or to pay the cost of the audit or
  656  report required by s. 320.08062(1).
  657         (a) As used in this section and s. 320.08058, the terms
  658  “administrative costs” and “administrative expenses” mean those
  659  expenditures which are considered as direct operating costs of
  660  the organization. These costs include but are not limited to the
  661  following:
  662         1. Administrative salaries of employees and officers of the
  663  organization who do not, or cannot prove, via detailed daily
  664  time sheets, that they actively participate in program
  665  activities;
  666         2. Bookkeeping and support services of the organization;
  667         3. Office supplies and equipment not directly utilized for
  668  the specified program(s);
  669         4. Travel time, per diem, mileage reimbursement, and
  670  lodging expenses not directly associated with a specified
  671  program purpose;
  672         5. Paper, printing, envelopes, and postage not directly
  673  associated with a specified program purpose; or
  674         6. Miscellaneous expenses such as food, beverage,
  675  entertainment, and conventions.
  676         Section 11.  Section 320.08062, Florida Statutes, is
  677  amended to read:
  678         320.08062 Audits and attestations required; annual use fees
  679  of specialty license plates.—
  680         (1)(a) All organizations that receive annual use fee
  681  proceeds from the department are responsible for ensuring that
  682  proceeds are used in accordance with ss. 320.08056 and
  683  320.08058.
  684         (b) Any organization not subject to audit pursuant to s.
  685  215.97 shall annually attest, under penalties of perjury, that
  686  such proceeds were used in compliance with ss. 320.08056 and
  687  320.08058. The attestation shall be made annually in a form and
  688  format determined by the department.
  689         (c) Any organization subject to audit pursuant to s. 215.97
  690  shall submit an audit report in accordance with rules
  691  promulgated by the Auditor General. The annual attestation shall
  692  be submitted to the department for review within 9 months after
  693  the end of the organization’s fiscal year.
  694         (2)(a) Within 120 90 days after receiving an organization’s
  695  audit or attestation, the department shall determine which
  696  recipients of revenues from specialty license plate annual use
  697  fees have not complied with subsection (1). In determining
  698  compliance, the department may commission an independent
  699  actuarial consultant, or an independent certified public
  700  accountant, who has expertise in nonprofit and charitable
  701  organizations.
  702         (a) The department must discontinue the distribution of
  703  revenues to an organization that fails to submit the
  704  documentation required in subsection (1), but may resume
  705  distribution of the revenues upon receipt of the required
  706  documentation.
  707         (b) If the department or its designee determines that an
  708  organization has not complied or has failed to use the revenues
  709  in accordance with ss. 320.08056 and 320.08058, the department
  710  must discontinue the distribution of the revenues to the
  711  organization. The department must notify the organization of its
  712  findings and direct the organization to make the changes
  713  necessary in order to comply with this chapter. If the officers
  714  of the organization sign under penalties of perjury that they
  715  acknowledge the findings of the department and attest that they
  716  have taken corrective action and attest that the organization
  717  will submit to a follow-up review by the department, the
  718  department may resume the distribution of revenues until the
  719  department determines that the organization has complied.
  720         (c) If an organization fails to comply with the
  721  department’s directive requiring corrective actions as outlined
  722  in paragraph (b), the revenue distributions must be discontinued
  723  until completion of the next regular session of the Legislature.
  724  The department must notify the Legislature by the first day of
  725  the regular session of an organization whose revenues have been
  726  withheld pursuant to this paragraph. If the Legislature does not
  727  provide direction to the organization and the department
  728  regarding the status of the undistributed revenues, the
  729  department shall discontinue the plate, and undistributed
  730  revenues must within 12 months after the annual use fee proceeds
  731  are withheld by the department, the proceeds shall be
  732  immediately deposited into the Highway Safety Operating Trust
  733  Fund to offset department costs related to the issuance of
  734  specialty license plates.
  735         (b) In lieu of discontinuing revenue disbursement pursuant
  736  to this subsection, upon determining that a recipient has not
  737  complied or has failed to use the revenues in accordance with
  738  ss. 320.08056 and 320.08058, and with the approval of the
  739  Legislative Budget Commission, the department is authorized to
  740  redirect previously collected and future revenues to an
  741  organization that is able to perform the same or similar
  742  purposes as the original recipient.
  743         (3) The department or its designee has the authority to
  744  examine all records pertaining to the use of funds from the sale
  745  of specialty license plates.
  746         Section 12. Section 45 of chapter 2008-176, Laws of
  747  Florida, as amended by section 21 of chapter 2010-223, Laws of
  748  Florida, is amended to read:
  749         Section 45. Except for a specialty license plate proposal
  750  which has submitted a letter of intent to the Department of
  751  Highway Safety and Motor Vehicles before prior to May 2, 2008,
  752  and which has submitted a valid survey, marketing strategy, and
  753  application fee as required by s. 320.08053, Florida Statutes,
  754  before October 1, 2008 prior to the effective date of this act,
  755  or which was included in a bill filed during the 2008
  756  Legislative Session, the Department of Highway Safety and Motor
  757  Vehicles may not issue any new specialty license plates pursuant
  758  to ss. 320.08056 and 320.08058, Florida Statutes, between July
  759  1, 2008, and July 1, 2016 2011.
  760         Section 13. Subsection (1) of section 320.083, Florida
  761  Statutes, is amended to read:
  762         320.083 Amateur radio operators; special license plates;
  763  fees.—
  764         (1) A person who is the owner or lessee of an automobile or
  765  truck for private use, a truck weighing not more than 7,999
  766  pounds, or a recreational vehicle as specified in s.
  767  320.08(9)(c) or (d), which is not used for hire or commercial
  768  use; who is a resident of the state; and who holds a valid
  769  official amateur radio station license recognized issued by the
  770  Federal Communications Commission shall be issued a special
  771  license plate upon application, accompanied by proof of
  772  ownership of such radio station license, and payment of the
  773  following tax and fees:
  774         (a) The license tax required for the vehicle, as prescribed
  775  by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), (c), (d),
  776  (e), or (f), or (9); and
  777         (b) An initial additional fee of $5, and an additional fee
  778  of $1.50 thereafter.
  779         Section 14. Section 320.1316, Florida Statutes, is amended
  780  to read:
  781         320.1316 Failure to surrender vehicle or vessel.—
  782         (1) Upon receipt from a lienor who claims a lien on a
  783  vehicle pursuant to s. 319.27 by the Department of Highway
  784  Safety and Motor Vehicles of written notice to surrender a
  785  vehicle or vessel that has been disposed of, concealed, removed,
  786  or destroyed by the lienee, the department shall place the name
  787  of the registered owner of that vehicle on the list of those
  788  persons who may not be issued a license plate, revalidation
  789  sticker, or replacement license plate for any motor vehicle
  790  under s. 320.03(8) owned by the lienee at the time the notice
  791  was given by the lienor. Pursuant to s. 320.03(8), the
  792  department may not issue a license plate or revalidation sticker
  793  for the vehicle or vessel owned by the lienee which is
  794  identified in the claim by the lienor. If the vehicle is owned
  795  jointly by more than one person, the name of each registered
  796  owner shall be placed on the list.
  797         (2) The notice to surrender the vehicle shall be signed
  798  under oath by the lienor and submitted on forms developed by the
  799  department, which must include:
  800         (a) The name, address, and telephone number of the lienor.
  801         (b) The name of the registered owner of the vehicle and the
  802  address to which the lienor provided notice to surrender the
  803  vehicle to the registered owner.
  804         (c) A general description of the vehicle, including its
  805  color, make, model, body style, and year.
  806         (d) The vehicle identification number, registration license
  807  plate number, if known, or other identification number, as
  808  applicable.
  809         (3) The registered owner of the vehicle may dispute a
  810  notice to surrender the vehicle or his or her inclusion on the
  811  list of those persons who may not be issued a license plate,
  812  revalidation sticker, or replacement license plate under s.
  813  320.03(8) by bringing a civil action in the county in which he
  814  or she resides by notifying the department of the dispute in
  815  writing on forms provided by the department and presenting proof
  816  that the vehicle was sold to a motor vehicle dealer licensed
  817  under s. 320.27, a mobile home dealer licensed under s. 320.77,
  818  or a recreational vehicle dealer licensed under s. 320.771.
  819         (4) In an action brought pursuant to subsection (3), the
  820  petitioner is entitled to the summary procedure specified in s.
  821  51.011, and the court shall advance the cause on its calendar if
  822  requested by the petitioner.
  823         (5) At a hearing challenging the refusal to issue a license
  824  plate, revalidation sticker, or replacement license plate under
  825  s. 320.03(8), the court shall first determine whether the lienor
  826  has a recorded lien on the vehicle or vessel and whether the
  827  lienor properly made a demand for the surrender of the vehicle
  828  or vessel in accordance with this section. If the court
  829  determines that the lien was recorded and that such a demand was
  830  properly made, the court shall determine whether good cause
  831  exists for the lienee’s failure to surrender the vehicle or
  832  vessel. As used in this section, the term “good cause” is
  833  limited to proof that:
  834         (a) The vehicle that was the subject of the demand for
  835  surrender was traded in to a licensed motor vehicle dealer
  836  before the date of the surrender demand;
  837         (b) The lien giving rise to the inclusion on the list has
  838  been paid in full or otherwise satisfied;
  839         (c) There is ongoing litigation relating to the validity or
  840  enforceability of the lien;
  841         (d) The petitioner was in compliance with all of his or her
  842  contractual obligations with the lienholder at the time of the
  843  demand for surrender;
  844         (e) The vehicle or vessel was reported to law enforcement
  845  as stolen by the registered owner of the vehicle or vessel
  846  before the demand for surrender; or
  847         (f) The petitioner no longer has possession of the vehicle
  848  or vessel, and the loss of possession occurred pursuant to
  849  operation of law. If the petitioner’s loss of possession did not
  850  occur pursuant to operation of law, the fact that a third party
  851  has physical possession of the vehicle or vessel does not
  852  constitute good cause for the failure to surrender the vehicle
  853  or vessel.
  854         (6) If the petitioner establishes good cause for his or her
  855  failure to surrender the vehicle or vessel, the court shall
  856  enter an order removing the petitioner’s name from the list of
  857  those persons who may not be issued a license plate,
  858  revalidation sticker, or replacement license plate under s.
  859  320.03(8) and shall award the petitioner reasonable attorney
  860  fees and costs actually incurred for the proceeding.
  861         (7) If the court finds that the demand for surrender was
  862  properly made by the lienor and the petitioner fails to
  863  establish good cause for the failure to surrender the vehicle or
  864  vessel, the court shall award the lienor reasonable attorney
  865  fees and costs actually incurred for the proceeding.
  866         Section 15. Subsection (7) of section 320.771, Florida
  867  Statutes, is amended to read:
  868         320.771 License required of recreational vehicle dealers.—
  869         (7) SUPPLEMENTAL LICENSE.—A Any person licensed under
  870  pursuant to this section shall be entitled to operate one or
  871  more additional places of business under a supplemental license
  872  for each such business if the ownership of each business is
  873  identical to that of the principal business for which the
  874  original license is issued. Each supplemental license shall run
  875  concurrently with the original license and shall be issued upon
  876  application by the licensee on a form to be furnished by the
  877  department and payment of a fee of $50 for each such license.
  878  Only one licensed dealer shall operate at the same place of
  879  business. A supplemental license authorizing off-premises sales
  880  shall be issued, at no charge to the dealer, for a period not to
  881  exceed 10 consecutive calendar days. A licensed dealer who
  882  conducts an off-premises sale not in conjunction with a public
  883  vehicle show, as defined in s. 320.3203(5)(c), shall:
  884         (a) Notify the applicable local department office of the
  885  specific dates and location for which such license is requested.
  886         (b) Provide staff to work at the temporary location for the
  887  duration of the off-premises sale.
  888         (c) Meet all local government permit requirements.
  889         (d) Have the permission of the property owner to operate at
  890  that location.
  891         (e) Conspicuously display a sign at the licensed location
  892  which clearly identifies the dealer’s name and business address
  893  as listed on the dealer’s original license.
  894         (f) Prominently include the dealer’s name and business
  895  address, as listed on the dealer’s original license, in all
  896  advertisements associated with such sale.
  897         Section 16. Section 322.032, Florida Statutes, is created
  898  to read:
  899         322.032 Digital proof of driver license.—
  900         (1) The department shall begin to review and prepare for
  901  the development of a secure and uniform system for issuing an
  902  optional digital proof of driver license. The department may
  903  contract with one or more private entities to develop a digital
  904  proof of driver license system.
  905         (2) The digital proof of driver license developed by the
  906  department or by an entity contracted by the department must be
  907  in such a format as to allow law enforcement to verify the
  908  authenticity of the digital proof of driver license. The
  909  department may promulgate rules to ensure valid authentication
  910  of digital driver licenses by law enforcement.
  911         (3) A person may not be issued a digital proof of driver
  912  license until he or she has satisfied all the requirements of
  913  this chapter and has received a physical driver license as
  914  provided in this chapter.
  915         (4) A person who:
  916         (a) Manufactures a false digital proof of driver license
  917  commits a felony of the third degree, punishable as provided in
  918  s. 775.082, s. 775.083, or s. 775.084.
  919         (b) Possesses a false digital proof of driver license
  920  commits a misdemeanor of the second degree, punishable as
  921  provided in s. 775.082.
  922         Section 17. Section 322.055, Florida Statutes, is amended
  923  to read:
  924         322.055 Revocation or suspension of, or delay of
  925  eligibility for, driver driver’s license for persons 18 years of
  926  age or older convicted of certain drug offenses.—
  927         (1) Notwithstanding the provisions of s. 322.28, upon the
  928  conviction of a person 18 years of age or older for possession
  929  or sale of, trafficking in, or conspiracy to possess, sell, or
  930  traffic in a controlled substance, the court shall direct the
  931  department to revoke the driver driver’s license or driving
  932  privilege of the person. The period of such revocation shall be
  933  1 year 2 years or until the person is evaluated for and, if
  934  deemed necessary by the evaluating agency, completes a drug
  935  treatment and rehabilitation program approved or regulated by
  936  the Department of Children and Families Family Services.
  937  However, the court may, in its sound discretion, direct the
  938  department to issue a license for driving privilege privileges
  939  restricted to business or employment purposes only, as defined
  940  by s. 322.271, if the person is otherwise qualified for such a
  941  license. A driver whose license or driving privilege has been
  942  suspended or revoked under this section or s. 322.056 may, upon
  943  the expiration of 6 months, petition the department for
  944  restoration of the driving privilege on a restricted or
  945  unrestricted basis depending on length of suspension or
  946  revocation. In no case shall a restricted license be available
  947  until 6 months of the suspension or revocation period has
  948  expired.
  949         (2) If a person 18 years of age or older is convicted for
  950  the possession or sale of, trafficking in, or conspiracy to
  951  possess, sell, or traffic in a controlled substance and such
  952  person is eligible by reason of age for a driver driver’s
  953  license or privilege, the court shall direct the department to
  954  withhold issuance of such person’s driver driver’s license or
  955  driving privilege for a period of 1 year 2 years after the date
  956  the person was convicted or until the person is evaluated for
  957  and, if deemed necessary by the evaluating agency, completes a
  958  drug treatment and rehabilitation program approved or regulated
  959  by the Department of Children and Families Family Services.
  960  However, the court may, in its sound discretion, direct the
  961  department to issue a license for driving privilege privileges
  962  restricted to business or employment purposes only, as defined
  963  by s. 322.271, if the person is otherwise qualified for such a
  964  license. A driver whose license or driving privilege has been
  965  suspended or revoked under this section or s. 322.056 may, upon
  966  the expiration of 6 months, petition the department for
  967  restoration of the driving privilege on a restricted or
  968  unrestricted basis depending on the length of suspension or
  969  revocation. In no case shall a restricted license be available
  970  until 6 months of the suspension or revocation period has
  971  expired.
  972         (3) If a person 18 years of age or older is convicted for
  973  the possession or sale of, trafficking in, or conspiracy to
  974  possess, sell, or traffic in a controlled substance and such
  975  person’s driver driver’s license or driving privilege is already
  976  under suspension or revocation for any reason, the court shall
  977  direct the department to extend the period of such suspension or
  978  revocation by an additional period of 1 year 2 years or until
  979  the person is evaluated for and, if deemed necessary by the
  980  evaluating agency, completes a drug treatment and rehabilitation
  981  program approved or regulated by the Department of Children and
  982  Families Family Services. However, the court may, in its sound
  983  discretion, direct the department to issue a license for driving
  984  privilege privileges restricted to business or employment
  985  purposes only, as defined by s. 322.271, if the person is
  986  otherwise qualified for such a license. A driver whose license
  987  or driving privilege has been suspended or revoked under this
  988  section or s. 322.056 may, upon the expiration of 6 months,
  989  petition the department for restoration of the driving privilege
  990  on a restricted or unrestricted basis depending on the length of
  991  suspension or revocation. In no case shall a restricted license
  992  be available until 6 months of the suspension or revocation
  993  period has expired.
  994         (4) If a person 18 years of age or older is convicted for
  995  the possession or sale of, trafficking in, or conspiracy to
  996  possess, sell, or traffic in a controlled substance and such
  997  person is ineligible by reason of age for a driver driver’s
  998  license or driving privilege, the court shall direct the
  999  department to withhold issuance of such person’s driver driver’s
 1000  license or driving privilege for a period of 1 year 2 years
 1001  after the date that he or she would otherwise have become
 1002  eligible or until he or she becomes eligible by reason of age
 1003  for a driver driver’s license and is evaluated for and, if
 1004  deemed necessary by the evaluating agency, completes a drug
 1005  treatment and rehabilitation program approved or regulated by
 1006  the Department of Children and Families Family Services.
 1007  However, the court may, in its sound discretion, direct the
 1008  department to issue a license for driving privilege privileges
 1009  restricted to business or employment purposes only, as defined
 1010  by s. 322.271, if the person is otherwise qualified for such a
 1011  license. A driver whose license or driving privilege has been
 1012  suspended or revoked under this section or s. 322.056 may, upon
 1013  the expiration of 6 months, petition the department for
 1014  restoration of the driving privilege on a restricted or
 1015  unrestricted basis depending on the length of suspension or
 1016  revocation. In no case shall a restricted license be available
 1017  until 6 months of the suspension or revocation period has
 1018  expired.
 1019         (5) A court that orders the revocation or suspension of, or
 1020  delay in eligibility for, a driver license pursuant to this
 1021  section shall make a specific, articulated determination as to
 1022  whether the issuance of a license for driving privilege
 1023  restricted to business purposes only, as defined in s. 322.271,
 1024  is appropriate in each case.
 1025         (6)(5) Each clerk of court shall promptly report to the
 1026  department each conviction for the possession or sale of,
 1027  trafficking in, or conspiracy to possess, sell, or traffic in a
 1028  controlled substance.
 1029         Section 18. Section 322.058, Florida Statutes, is amended
 1030  to read:
 1031         322.058 Suspension of driving privilege privileges due to
 1032  support delinquency; reinstatement.—
 1033         (1) When the department receives notice from the Title IV-D
 1034  agency or depository or the clerk of the court that any person
 1035  licensed to operate a motor vehicle in the State of Florida
 1036  under the provisions of this chapter has a delinquent support
 1037  obligation or has failed to comply with a subpoena, order to
 1038  appear, order to show cause, or similar order, the department
 1039  shall suspend the driver driver’s license of the person named in
 1040  the notice and the registration of all motor vehicles owned by
 1041  that person.
 1042         (2) The department must reinstate the driving privilege and
 1043  allow registration of a motor vehicle when the Title IV-D agency
 1044  in IV-D cases or the depository or the clerk of the court in
 1045  non-IV-D cases provides to the department an affidavit stating
 1046  that:
 1047         (a) The person has paid the delinquency;
 1048         (b) The person has reached a written agreement for payment
 1049  with the Title IV-D agency or the obligee in non-IV-D cases;
 1050         (c) A court has entered an order granting relief to the
 1051  obligor ordering the reinstatement of the license and motor
 1052  vehicle registration; or
 1053         (d) The person has complied with the subpoena, order to
 1054  appear, order to show cause, or similar order;
 1055         (e) The person receives reemployment assistance or
 1056  unemployment compensation pursuant to chapter 443;
 1057         (f) The person is disabled and incapable of self-support or
 1058  receives benefits under the federal Supplemental Security Income
 1059  or Social Security Disability Insurance programs;
 1060         (g) The person receives temporary cash assistance pursuant
 1061  to chapter 414; or
 1062         (h) The person is making payments in accordance with a
 1063  confirmed bankruptcy plan under chapter 11, chapter 12, or
 1064  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
 1065  101 et seq.
 1066         (3) The department shall not be held liable for any license
 1067  or vehicle registration suspension resulting from the discharge
 1068  of its duties under this section.
 1069         (4) This section applies only to the annual renewal in the
 1070  owner’s birth month of a motor vehicle registration and does not
 1071  apply to the transfer of a registration of a motor vehicle sold
 1072  by a motor vehicle dealer licensed under chapter 320, except for
 1073  the transfer of registrations which includes the annual
 1074  renewals. This section does not affect the issuance of the title
 1075  to a motor vehicle, notwithstanding s. 319.23(8)(b).
 1076         Section 19. Section 322.059, Florida Statutes, is amended
 1077  to read:
 1078         322.059 Mandatory surrender of suspended driver driver’s
 1079  license and registration.—A Any person whose driver driver’s
 1080  license or registration has been suspended as provided in s.
 1081  322.058 must immediately return his or her driver driver’s
 1082  license and registration to the Department of Highway Safety and
 1083  Motor Vehicles. The department shall invalidate the digital
 1084  proof of driver license issued pursuant to s. 322.032 for such
 1085  person. If such person fails to return his or her driver
 1086  driver’s license or registration, a any law enforcement agent
 1087  may seize the license or registration while the driver driver’s
 1088  license or registration is suspended.
 1089         Section 20. Subsection (1) of section 322.12, Florida
 1090  Statutes, is amended to read:
 1091         322.12 Examination of applicants.—
 1092         (1) It is the intent of the Legislature that each every
 1093  applicant for an original driver driver’s license in this state
 1094  be required to pass an examination pursuant to this section.
 1095  However, the department may waive the knowledge, endorsement,
 1096  and skills tests for an applicant who is otherwise qualified and
 1097  who surrenders a valid driver driver’s license from another
 1098  state or a province of Canada, or a valid driver driver’s
 1099  license issued by the United States Armed Forces, if the driver
 1100  applies for a Florida license of an equal or lesser
 1101  classification. An Any applicant who:
 1102         (a)Who Fails to pass the initial knowledge test incurs a
 1103  $10 fee for each subsequent test. Of the $10 fee, $6 shall be
 1104  retained by the tax collector if the knowledge test is conducted
 1105  by the tax collector, and the remaining $4 shall, to be
 1106  deposited into the Highway Safety Operating Trust Fund. All
 1107  knowledge test fees incurred by an applicant taking the
 1108  knowledge test with a third-party provider or administered at a
 1109  state facility shall be deposited into the Highway Safety
 1110  Operating Trust Fund. Any applicant
 1111         (b)Who Fails to pass the initial skills test incurs a $20
 1112  fee for each subsequent test. Of the $20 fee, $15 shall be
 1113  retained by the tax collector if the skills test is conducted by
 1114  the tax collector, and the remaining $5 shall, to be deposited
 1115  into the Highway Safety Operating Trust Fund. All skills test
 1116  fees incurred by an applicant taking the skills test with a
 1117  third-party provider or administered at a state facility shall
 1118  be deposited into the Highway Safety Operating Trust Fund. A
 1119  person who
 1120         (c) Seeks to retain a hazardous-materials endorsement,
 1121  pursuant to s. 322.57(1)(d), must pass the hazardous-materials
 1122  test, upon surrendering his or her commercial driver driver’s
 1123  license, if the person has not taken and passed the hazardous
 1124  materials test within 2 years before applying for a commercial
 1125  driver driver’s license in this state.
 1126         Section 21. Subsection (1) of section 322.15, Florida
 1127  Statutes, is amended to read:
 1128         322.15 License to be carried and exhibited on demand;
 1129  fingerprint to be imprinted upon a citation.—
 1130         (1) Every licensee shall have his or her driver driver’s
 1131  license, which must be fully legible with no portion of such
 1132  license faded, altered, mutilated, or defaced, in his or her
 1133  immediate possession at all times when operating a motor vehicle
 1134  and shall display the same upon the demand of a law enforcement
 1135  officer or an authorized representative of the department. A
 1136  licensee may display digital proof of driver license as provided
 1137  in s. 322.032 in lieu of a physical driver license.
 1138         Section 22. Paragraphs (e) and (f) of subsection (1) of
 1139  section 322.21, Florida Statutes, are amended to read:
 1140         322.21 License fees; procedure for handling and collecting
 1141  fees.—
 1142         (1) Except as otherwise provided herein, the fee for:
 1143         (e) A replacement driver license issued pursuant to s.
 1144  322.17 is $25. Of this amount, $7 shall be deposited into the
 1145  Highway Safety Operating Trust Fund or retained by the tax
 1146  collector if issued by a tax collector that has completed the
 1147  transition of driver licensing services, and $18 shall be
 1148  deposited into the General Revenue Fund. Beginning July 1, 2015,
 1149  or upon completion of the transition of driver license issuance
 1150  services, if the replacement driver license is issued by the tax
 1151  collector, the tax collector shall retain the $7 that would
 1152  otherwise be deposited into the Highway Safety Operating Trust
 1153  Fund and the remaining revenues shall be deposited into the
 1154  General Revenue Fund.
 1155         (f) An original, renewal, or replacement identification
 1156  card issued pursuant to s. 322.051 is $25, except that an
 1157  applicant who presents evidence satisfactory to the department
 1158  that he or she is homeless as defined in s. 414.0252(7) or his
 1159  or her annual income is at or below 100 percent of the federal
 1160  poverty level is exempt from such fee. Funds collected from
 1161  these fees for original, renewal, or replacement identification
 1162  cards shall be distributed as follows:
 1163         1. For an original identification card issued pursuant to
 1164  s. 322.051, the fee is $25. This amount shall be deposited into
 1165  the General Revenue Fund.
 1166         2. For a renewal identification card issued pursuant to s.
 1167  322.051 the fee is $25. Of this amount, $6 shall be deposited
 1168  into the Highway Safety Operating Trust Fund, and $19 shall be
 1169  deposited into the General Revenue Fund.
 1170         3. For a replacement identification card issued pursuant to
 1171  s. 322.051, the fee is $25. Of this amount, $9 shall be
 1172  deposited into the Highway Safety Operating Trust Fund or
 1173  retained by the tax collector if issued by a tax collector that
 1174  has completed the transition of driver licensing services, and
 1175  $16 shall be deposited into the General Revenue Fund. Beginning
 1176  July 1, 2015, or upon completion of the transition of the driver
 1177  license issuance services, if the replacement identification
 1178  card is issued by the tax collector, the tax collector shall
 1179  retain the $9 that would otherwise be deposited into the Highway
 1180  Safety Operating Trust Fund and the remaining revenues shall be
 1181  deposited into the General Revenue Fund.
 1182         Section 23. Section 337.25, Florida Statutes, is amended to
 1183  read:
 1184         337.25 Acquisition, lease, and disposal of real and
 1185  personal property.—
 1186         (1)(a) The department may purchase, lease, exchange, or
 1187  otherwise acquire any land, property interests, or buildings, or
 1188  other improvements, including personal property within such
 1189  buildings or on such lands, necessary to secure or use utilize
 1190  transportation rights-of-way for existing, proposed, or
 1191  anticipated transportation facilities on the State Highway
 1192  System, on the State Park Road System, in a rail corridor, or in
 1193  a transportation corridor designated by the department. Such
 1194  property shall be held in the name of the state.
 1195         (b) The department may accept donations of any land, or
 1196  buildings, or other improvements, including personal property
 1197  within such buildings or on such lands with or without such
 1198  conditions, reservations, or reverter provisions as are
 1199  acceptable to the department. Such donations may be used as
 1200  transportation rights-of-way or to secure or use utilize
 1201  transportation rights-of-way for existing, proposed, or
 1202  anticipated transportation facilities on the State Highway
 1203  System, on the State Park Road System, or in a transportation
 1204  corridor designated by the department.
 1205         (c) If When lands, buildings, or other improvements are
 1206  needed for transportation purposes, but are held by a federal,
 1207  state, or local governmental entity and used utilized for public
 1208  purposes other than transportation, the department may
 1209  compensate the entity for such properties by providing
 1210  functionally equivalent replacement facilities. The provision
 1211  providing of replacement facilities under this subsection may
 1212  only be undertaken with the agreement of the governmental entity
 1213  affected.
 1214         (d) The department may contract pursuant to s. 287.055 for
 1215  auction services used in the conveyance of real or personal
 1216  property or the conveyance of leasehold interests under
 1217  subsections (4) and (5). The contract may allow for the
 1218  contractor to retain a portion of the proceeds as compensation
 1219  for the contractor’s services.
 1220         (2) A complete inventory shall be made of all real or
 1221  personal property immediately upon possession or acquisition.
 1222  Such inventory must shall include an itemized listing of all
 1223  appliances, fixtures, and other severable items; a statement of
 1224  the location or site of each piece of realty, structure, or
 1225  severable item; and the serial number assigned to each. Copies
 1226  of each inventory shall be filed in the district office in which
 1227  the property is located. Such inventory shall be carried forward
 1228  to show the final disposition of each item of property, both
 1229  real and personal.
 1230         (3) The inventory of real property that which was acquired
 1231  by the state after December 31, 1988, that which has been owned
 1232  by the state for 10 or more years, and that which is not within
 1233  a transportation corridor or within the right-of-way of a
 1234  transportation facility shall be evaluated to determine the
 1235  necessity for retaining the property. If the property is not
 1236  needed for the construction, operation, and maintenance of a
 1237  transportation facility, or is not located within a
 1238  transportation corridor, the department may dispose of the
 1239  property pursuant to subsection (4).
 1240         (4) The department may convey sell, in the name of the
 1241  state, any land, building, or other property, real or personal,
 1242  which was acquired under the provisions of subsection (1) and
 1243  which the department has determined is not needed for the
 1244  construction, operation, and maintenance of a transportation
 1245  facility. With the exception of any parcel governed by paragraph
 1246  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
 1247  (i), the department shall afford first right of refusal to the
 1248  local government in the jurisdiction of which the parcel is
 1249  situated. When such a determination has been made, property may
 1250  be disposed of through negotiations, sealed competitive bids,
 1251  auctions, or any other means the department deems to be in its
 1252  best interest, with due advertisement for property valued by the
 1253  department at greater than $10,000. A sale may not occur at a
 1254  price less than the department’s current estimate of value,
 1255  except as provided in paragraphs (a)-(d). The department may
 1256  afford a right of first refusal to the local government or other
 1257  political subdivision in the jurisdiction in which the parcel is
 1258  situated, except in a conveyance transacted under paragraph (a),
 1259  paragraph (c), or paragraph (e). in the following manner:
 1260         (a) If the value of the property has been donated to the
 1261  state for transportation purposes and a transportation facility
 1262  has not been constructed for at least 5 years, plans have not
 1263  been prepared for the construction of such facility, and the
 1264  property is not located in a transportation corridor, the
 1265  governmental entity may authorize reconveyance of the donated
 1266  property for no consideration to the original donor or the
 1267  donor’s heirs, successors, assigns, or representatives is
 1268  $10,000 or less as determined by department estimate, the
 1269  department may negotiate the sale.
 1270         (b) If the value of the property is to be used for a public
 1271  purpose, the property may be conveyed without consideration to a
 1272  governmental entity exceeds $10,000 as determined by department
 1273  estimate, such property may be sold to the highest bidder
 1274  through receipt of sealed competitive bids, after due
 1275  advertisement, or by public auction held at the site of the
 1276  improvement which is being sold.
 1277         (c) If the property was originally acquired specifically to
 1278  provide replacement housing for persons displaced by
 1279  transportation projects, the department may negotiate for the
 1280  sale of such property as replacement housing. As compensation,
 1281  the state shall receive at least its investment in such property
 1282  or the department’s current estimate of value, whichever is
 1283  lower. It is expressly intended that this benefit be extended
 1284  only to persons actually displaced by the project. Dispositions
 1285  to any other person must be for at least the department’s
 1286  current estimate of value, in the discretion of the department,
 1287  public sale would be inequitable, properties may be sold by
 1288  negotiation to the owner holding title to the property abutting
 1289  the property to be sold, provided such sale is at a negotiated
 1290  price not less than fair market value as determined by an
 1291  independent appraisal, the cost of which shall be paid by the
 1292  owner of the abutting land. If negotiations do not result in the
 1293  sale of the property to the owner of the abutting land and the
 1294  property is sold to someone else, the cost of the independent
 1295  appraisal shall be borne by the purchaser; and the owner of the
 1296  abutting land shall have the cost of the appraisal refunded to
 1297  him or her. If, however, no purchase takes place, the owner of
 1298  the abutting land shall forfeit the sum paid by him or her for
 1299  the independent appraisal. If, due to action of the department,
 1300  the property is removed from eligibility for sale, the cost of
 1301  any appraisal prepared shall be refunded to the owner of the
 1302  abutting land.
 1303         (d) If the department determines that the property requires
 1304  significant costs to be incurred or that continued ownership of
 1305  the property exposes the department to significant liability
 1306  risks, the department may use the projected maintenance costs
 1307  over the next 10 years to offset the property’s value in
 1308  establishing a value for disposal of the property, even if that
 1309  value is zero property acquired for use as a borrow pit is no
 1310  longer needed, the department may sell such property to the
 1311  owner of the parcel of abutting land from which the borrow pit
 1312  was originally acquired, provided the sale is at a negotiated
 1313  price not less than fair market value as determined by an
 1314  independent appraisal, the cost of which shall be paid by the
 1315  owner of such abutting land.
 1316         (e) If, at the discretion of the department, a sale to a
 1317  person other than an abutting property owner would be
 1318  inequitable, the property may be sold to the abutting owner for
 1319  the department’s current estimate of value the department begins
 1320  the process for disposing of the property on its own initiative,
 1321  either by negotiation under the provisions of paragraph (a),
 1322  paragraph (c), paragraph (d), or paragraph (i), or by receipt of
 1323  sealed competitive bids or public auction under the provisions
 1324  of paragraph (b) or paragraph (i), a department staff appraiser
 1325  may determine the fair market value of the property by an
 1326  appraisal.
 1327         (f) Any property which was acquired by a county or by the
 1328  department using constitutional gas tax funds for the purpose of
 1329  a right-of-way or borrow pit for a road on the State Highway
 1330  System, State Park Road System, or county road system and which
 1331  is no longer used or needed by the department may be conveyed
 1332  without consideration to that county. The county may then sell
 1333  such surplus property upon receipt of competitive bids in the
 1334  same manner prescribed in this section.
 1335         (g) If a property has been donated to the state for
 1336  transportation purposes and the facility has not been
 1337  constructed for a period of at least 5 years and no plans have
 1338  been prepared for the construction of such facility and the
 1339  property is not located in a transportation corridor, the
 1340  governmental entity may authorize reconveyance of the donated
 1341  property for no consideration to the original donor or the
 1342  donor’s heirs, successors, assigns, or representatives.
 1343         (h) If property is to be used for a public purpose, the
 1344  property may be conveyed without consideration to a governmental
 1345  entity.
 1346         (i) If property was originally acquired specifically to
 1347  provide replacement housing for persons displaced by
 1348  transportation projects, the department may negotiate for the
 1349  sale of such property as replacement housing. As compensation,
 1350  the state shall receive no less than its investment in such
 1351  properties or fair market value, whichever is lower. It is
 1352  expressly intended that this benefit be extended only to those
 1353  persons actually displaced by such project. Dispositions to any
 1354  other persons must be for fair market value.
 1355         (j) If the department determines that the property will
 1356  require significant costs to be incurred or that continued
 1357  ownership of the property exposes the department to significant
 1358  liability risks, the department may use the projected
 1359  maintenance costs over the next 5 years to offset the market
 1360  value in establishing a value for disposal of the property, even
 1361  if that value is zero.
 1362         (5) The department may convey a leasehold interest for
 1363  commercial or other purposes, in the name of the state, to any
 1364  land, building, or other property, real or personal, which was
 1365  acquired under the provisions of subsection (1). However, a
 1366  lease may not be entered into at a price less than the
 1367  department’s current estimate of value. The department’s
 1368  estimate of value shall be prepared in accordance with
 1369  department procedures, guidelines, and rules for valuation of
 1370  real property, the cost of which shall be paid by the party
 1371  seeking the lease of the property.
 1372         (a) A lease may be through negotiations, sealed competitive
 1373  bids, auctions, or any other means the department deems to be in
 1374  its best interest The department may negotiate such a lease at
 1375  the prevailing market value with the owner from whom the
 1376  property was acquired; with the holders of leasehold estates
 1377  existing at the time of the department’s acquisition; or, if
 1378  public bidding would be inequitable, with the owner holding
 1379  title to privately owned abutting property, if reasonable notice
 1380  is provided to all other owners of abutting property. The
 1381  department may allow an outdoor advertising sign to remain on
 1382  the property acquired, or be relocated on department property,
 1383  and such sign is shall not be considered a nonconforming sign
 1384  pursuant to chapter 479.
 1385         (b) If, at the discretion of the department, a lease to a
 1386  person other than an abutting property owner or tenant with a
 1387  leasehold interest in the abutting property would be
 1388  inequitable, the property may be leased to the abutting owner or
 1389  tenant for at least the department’s current estimate of value
 1390  All other leases shall be by competitive bid.
 1391         (c) A No lease signed pursuant to paragraph (a) may not or
 1392  paragraph (b) shall be for a period of more than 5 years;
 1393  however, the department may renegotiate or extend such a lease
 1394  for an additional term of 5 years as the department deems
 1395  appropriate without rebidding.
 1396         (d) Each lease shall provide that, unless otherwise
 1397  directed by the lessor, any improvements made to the property
 1398  during the term of the lease shall be removed at the lessee’s
 1399  expense.
 1400         (e) If property is to be used for a public purpose,
 1401  including a fair, art show, or other educational, cultural, or
 1402  fundraising activity, the property may be leased without
 1403  consideration to a governmental entity or school board. A lease
 1404  for a public purpose is exempt from the term limits in paragraph
 1405  (c).
 1406         (f) Paragraphs (c) and (e) (d) do not apply to leases
 1407  entered into pursuant to s. 260.0161(3), except as provided in
 1408  such a lease.
 1409         (g) A No lease executed under this subsection may not be
 1410  used utilized by the lessee to establish the 4 years’ standing
 1411  required under by s. 73.071(3)(b) if the business had not been
 1412  established for the specified number of 4 years on the date
 1413  title passed to the department.
 1414         (h) The department may enter into a long-term lease without
 1415  compensation with a public port listed in s. 403.021(9)(b) for
 1416  rail corridors used for the operation of a short-line railroad
 1417  to the port.
 1418         (6) Nothing in This chapter does not prevent prevents the
 1419  joint use of right-of-way for alternative modes of
 1420  transportation if; provided that the joint use does not impair
 1421  the integrity and safety of the transportation facility.
 1422         (7) The department shall prepare the estimate of value
 1423  provided under subsection (4) in accordance with department
 1424  procedures, guidelines, and rules for valuation of real
 1425  property. If the value of the property is greater than $50,000,
 1426  as determined by the department estimate, the sale must be at a
 1427  negotiated price of at least the estimate of value as determined
 1428  by an appraisal prepared in accordance with department
 1429  procedures, guidelines, and rules for valuation of real
 1430  property, the cost of which shall be paid by the party seeking
 1431  the purchase of the property. If the estimated value is $50,000
 1432  or less, the department may use a department staff appraiser or
 1433  obtain an independent appraisal required by paragraphs (4)(c)
 1434  and (d) shall be prepared in accordance with department
 1435  guidelines and rules by an independent appraiser who has been
 1436  certified by the department. If federal funds were used in the
 1437  acquisition of the property, the appraisal shall also be subject
 1438  to the approval of the Federal Highway Administration.
 1439         (8) As used in this section, the term A “due advertisement”
 1440  means under this section is an advertisement in a newspaper of
 1441  general circulation in the area of the improvements of at least
 1442  not less than 14 calendar days before prior to the date of the
 1443  receipt of bids or the date on which a public auction is to be
 1444  held.
 1445         (9) The department, with the approval of the Chief
 1446  Financial Officer, may is authorized to disburse state funds for
 1447  real estate closings in a manner consistent with good business
 1448  practices and in a manner minimizing costs and risks to the
 1449  state.
 1450         (10) The department may is authorized to purchase title
 1451  insurance if in those instances where it determines is
 1452  determined that such insurance is necessary to protect the
 1453  public’s investment in property being acquired for
 1454  transportation purposes. The department shall adopt procedures
 1455  to be followed in making the determination to purchase title
 1456  insurance for a particular parcel or group of parcels which, at
 1457  a minimum, shall specify set forth criteria that which the
 1458  parcels must meet.
 1459         (11) This section does not modify the requirements of s.
 1460  73.013.
 1461         Section 24. Subsection (2) of section 337.251, Florida
 1462  Statutes, is amended, present subsections (3) through (10) of
 1463  that section are redesignated as subsections (4) through (11),
 1464  respectively, and a new subsection (3) is added to that section,
 1465  to read:
 1466         337.251 Lease of property for joint public-private
 1467  development and areas above or below department property.—
 1468         (2) The department may request proposals for the lease of
 1469  such property or, if the department receives a proposal for to
 1470  negotiate a lease of a particular department property which it
 1471  desires to consider, the department it shall publish a notice in
 1472  a newspaper of general circulation at least once a week for 2
 1473  weeks, stating that it has received the proposal and will
 1474  accept, for 60 days after the date of publication, other
 1475  proposals for lease of such property for 120 days after the date
 1476  of publication use of the space. A copy of the notice must be
 1477  mailed to each local government in the affected area. The
 1478  department shall establish by rule an application fee for the
 1479  submission of proposals pursuant to this section. The fee must
 1480  be sufficient to pay the anticipated costs of evaluating the
 1481  proposals. The department may engage the services of private
 1482  consultants to assist in the evaluations. Before approval, the
 1483  department shall determine that the proposed lease:
 1484         (a) Is in the public’s best interest;
 1485         (b) Does not require that state funds be used; and
 1486         (c) Has adequate safeguards in place to ensure that
 1487  additional costs are not borne and service disruptions are not
 1488  experienced by the traveling public and residents of the state
 1489  in the event of default by the private lessee or upon
 1490  termination or expiration of the lease.
 1491         (3) The department shall provide an independent analysis of
 1492  a proposed lease which demonstrates the cost-effectiveness and
 1493  overall public benefit at the following times:
 1494         (a) Before moving forward with the procurement; and
 1495         (b) Before awarding the contract if the procurement moves
 1496  forward.
 1497         Section 25. Paragraphs (a) and (b) of subsection (3),
 1498  paragraph (a) of subsection (4), and paragraph (c) of subsection
 1499  (11) of section 339.175, Florida Statutes, are amended to read:
 1500         339.175 Metropolitan planning organization.—
 1501         (3) VOTING MEMBERSHIP.—
 1502         (a) The voting membership of an M.P.O. shall consist of at
 1503  least not fewer than 5 but not or more than 25 19 apportioned
 1504  members, with the exact number to be determined on an equitable
 1505  geographic-population ratio basis by the Governor, based on an
 1506  agreement among the affected units of general-purpose local
 1507  government and the Governor, as required by federal rules and
 1508  regulations. The Governor, In accordance with 23 U.S.C. s. 134,
 1509  the Governor may also allow provide for M.P.O. members who
 1510  represent municipalities to alternate with representatives from
 1511  other municipalities within the metropolitan planning area which
 1512  that do not have members on the M.P.O. With the exception of
 1513  instances in which all of the county commissioners in a single
 1514  county M.P.O. are members of the M.P.O. governing board, county
 1515  commissioners commission members shall compose at least not less
 1516  than one-third of the M.P.O. governing board membership. A
 1517  multicounty M.P.O. may satisfy this requirement by any
 1518  combination of county commissioners from each of the counties
 1519  constituting the M.P.O., except for an M.P.O. with more than 15
 1520  members located in a county with a 5-member county commission or
 1521  an M.P.O. with 19 members located in a county with no more than
 1522  6 county commissioners, in which case county commission members
 1523  may compose less than one-third percent of the M.P.O.
 1524  membership, but all county commissioners must be members. All
 1525  Voting members shall be elected officials of general-purpose
 1526  local governments, one of whom may represent a group of general
 1527  purpose local governments through an entity created by an M.P.O.
 1528  for that purpose. except that An M.P.O. may include, as part of
 1529  its apportioned voting members, a member of a statutorily
 1530  authorized planning board, an official of an agency that
 1531  operates or administers a major mode of transportation, or an
 1532  official of Space Florida. As used in this section, the term
 1533  “elected officials of a general-purpose local government”
 1534  excludes shall exclude constitutional officers, including
 1535  sheriffs, tax collectors, supervisors of elections, property
 1536  appraisers, clerks of the court, and similar types of officials.
 1537  County commissioners shall compose not less than 20 percent of
 1538  the M.P.O. membership if an official of an agency that operates
 1539  or administers a major mode of transportation has been appointed
 1540  to an M.P.O.
 1541         (b) In metropolitan areas in which authorities or other
 1542  agencies have been or may be created by law to perform
 1543  transportation functions and are or will be performing
 1544  transportation functions that are not under the jurisdiction of
 1545  a general-purpose local government represented on the M.P.O.,
 1546  such authorities or other agencies may they shall be provided
 1547  voting membership on the M.P.O. In all other M.P.O.s in which
 1548  M.P.O.’s where transportation authorities or agencies are to be
 1549  represented by elected officials from general-purpose local
 1550  governments, the M.P.O. shall establish a process by which the
 1551  collective interests of such authorities or other agencies are
 1552  expressed and conveyed.
 1553         (4) APPORTIONMENT.—
 1554         (a) Each M.P.O. shall review the composition of its
 1555  membership in conjunction with the decennial census, as prepared
 1556  by the United States Department of Commerce, Bureau of the
 1557  Census, and with the agreement of the Governor and the affected
 1558  general-purpose local government units that constitute the
 1559  existing M.P.O., reapportion the membership as necessary to
 1560  comply with subsection (3) The Governor shall, with the
 1561  agreement of the affected units of general-purpose local
 1562  government as required by federal rules and regulations,
 1563  apportion the membership on the applicable M.P.O. among the
 1564  various governmental entities within the area. At the request of
 1565  a majority of the affected units of general-purpose local
 1566  government comprising an M.P.O., the Governor and a majority of
 1567  units of general-purpose local government serving on an M.P.O.
 1568  shall cooperatively agree upon and prescribe who may serve as an
 1569  alternate member and a method for appointing alternate members,
 1570  who may vote at any M.P.O. meeting that he or she an alternate
 1571  member attends in place of a regular member. The method must
 1572  shall be set forth as a part of the interlocal agreement
 1573  describing the M.P.O. M.P.O.’s membership or in the M.P.O.’s
 1574  operating procedures and bylaws of the M.P.O. The governmental
 1575  entity so designated shall appoint the appropriate number of
 1576  members to the M.P.O. from eligible officials. Representatives
 1577  of the department shall serve as nonvoting advisers to the
 1578  M.P.O. governing board. Additional nonvoting advisers may be
 1579  appointed by the M.P.O. as deemed necessary; however, to the
 1580  maximum extent feasible, each M.P.O. shall seek to appoint
 1581  nonvoting representatives of various multimodal forms of
 1582  transportation not otherwise represented by voting members of
 1583  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1584  representing major military installations located within the
 1585  jurisdictional boundaries of the M.P.O. upon the request of the
 1586  aforesaid major military installations and subject to the
 1587  agreement of the M.P.O. All nonvoting advisers may attend and
 1588  participate fully in governing board meetings but may not vote
 1589  or be members of the governing board. The Governor shall review
 1590  the composition of the M.P.O. membership in conjunction with the
 1591  decennial census as prepared by the United States Department of
 1592  Commerce, Bureau of the Census, and reapportion it as necessary
 1593  to comply with subsection (3).
 1594         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
 1595         (c) The powers and duties of the Metropolitan Planning
 1596  Organization Advisory Council are to:
 1597         1. Enter into contracts with individuals, private
 1598  corporations, and public agencies.
 1599         2. Acquire, own, operate, maintain, sell, or lease personal
 1600  property essential for the conduct of business.
 1601         3. Accept funds, grants, assistance, gifts, or bequests
 1602  from private, local, state, or federal sources.
 1603         4. Establish bylaws by action of its governing board
 1604  providing procedural rules to guide its proceedings and
 1605  consideration of matters before the council, or, alternatively,
 1606  and adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1607  implement provisions of law conferring powers or duties upon it.
 1608         5. Assist M.P.O.s M.P.O.’s in carrying out the urbanized
 1609  area transportation planning process by serving as the principal
 1610  forum for collective policy discussion pursuant to law.
 1611         6. Serve as a clearinghouse for review and comment by
 1612  M.P.O.s M.P.O.’s on the Florida Transportation Plan and on other
 1613  issues required to comply with federal or state law in carrying
 1614  out the urbanized area transportation and systematic planning
 1615  processes instituted pursuant to s. 339.155.
 1616         7. Employ an executive director and such other staff as
 1617  necessary to perform adequately the functions of the council,
 1618  within budgetary limitations. The executive director and staff
 1619  are exempt from part II of chapter 110 and serve at the
 1620  direction and control of the council. The council is assigned to
 1621  the Office of the Secretary of the Department of Transportation
 1622  for fiscal and accountability purposes, but it shall otherwise
 1623  function independently of the control and direction of the
 1624  department.
 1625         8. Adopt an agency strategic plan that prioritizes steps
 1626  provides the priority directions the agency will take to carry
 1627  out its mission within the context of the state comprehensive
 1628  plan and any other statutory mandates and directives directions
 1629  given to the agency.
 1630         Section 26. Paragraph (a) of subsection (1) and subsections
 1631  (4) and (5) of section 339.2821, Florida Statutes, are amended
 1632  to read:
 1633         339.2821 Economic development transportation projects.—
 1634         (1)(a) The department, in consultation with the Department
 1635  of Economic Opportunity and Enterprise Florida, Inc., may make
 1636  and approve expenditures and contract with the appropriate
 1637  governmental body for the direct costs of transportation
 1638  projects. The Department of Economic Opportunity and the
 1639  Department of Environmental Protection may formally review and
 1640  comment on recommended transportation projects, although the
 1641  department has final approval authority for any project
 1642  authorized under this section.
 1643         (4) A contract between the department and a governmental
 1644  body for a transportation project must:
 1645         (a) Specify that the transportation project is for the
 1646  construction of a new or expanding business and specify the
 1647  number of full-time permanent jobs that will result from the
 1648  project.
 1649         (b) Identify the governmental body and require that the
 1650  governmental body award the construction of the particular
 1651  transportation project to the lowest and best bidder in
 1652  accordance with applicable state and federal statutes or rules
 1653  unless the transportation project can be constructed using
 1654  existing local governmental employees within the contract period
 1655  specified by the department.
 1656         (c) Require that the governmental body provide the
 1657  department with quarterly progress reports. Each quarterly
 1658  progress report must contain:
 1659         1. A narrative description of the work completed and
 1660  whether the work is proceeding according to the transportation
 1661  project schedule;
 1662         2. A description of each change order executed by the
 1663  governmental body;
 1664         3. A budget summary detailing planned expenditures compared
 1665  to actual expenditures; and
 1666         4. The identity of each small or minority business used as
 1667  a contractor or subcontractor.
 1668         (d) Require that the governmental body make and maintain
 1669  records in accordance with accepted governmental accounting
 1670  principles and practices for each progress payment made for work
 1671  performed in connection with the transportation project, each
 1672  change order executed by the governmental body, and each payment
 1673  made pursuant to a change order. The records are subject to
 1674  financial audit as required by law.
 1675         (e) Require that the governmental body, upon completion and
 1676  acceptance of the transportation project, certify to the
 1677  department that the transportation project has been completed in
 1678  compliance with the terms and conditions of the contract between
 1679  the department and the governmental body and meets the minimum
 1680  construction standards established in accordance with s.
 1681  336.045.
 1682         (f) Specify that the department transfer funds will not be
 1683  transferred to the governmental body unless construction has
 1684  begun on the facility of the not more often than quarterly, upon
 1685  receipt of a request for funds from the governmental body and
 1686  consistent with the needs of the transportation project. The
 1687  governmental body shall expend funds received from the
 1688  department in a timely manner. The department may not transfer
 1689  funds unless construction has begun on the facility of a
 1690  business on whose behalf the award was made. The grant award
 1691  shall be terminated if construction of the transportation
 1692  project does not begin within 4 years after the date of the
 1693  initial grant award A contract totaling less than $200,000 is
 1694  exempt from the transfer requirement.
 1695         (g) Require that funds be used only on a transportation
 1696  project that has been properly reviewed and approved in
 1697  accordance with the criteria provided set forth in this section.
 1698         (h) Require that the governing board of the governmental
 1699  body adopt a resolution accepting future maintenance and other
 1700  attendant costs occurring after completion of the transportation
 1701  project if the transportation project is constructed on a county
 1702  or municipal system.
 1703         (5) For purposes of this section, Space Florida may serve
 1704  as the governmental body or as the contracting agency for a
 1705  transportation project within a spaceport territory as defined
 1706  by s. 331.304.
 1707         Section 27. Subsection (5) of section 526.141, Florida
 1708  Statutes, is amended to read:
 1709         526.141 Self-service gasoline stations; attendants;
 1710  regulations.—
 1711         (5)(a) Every full-service gasoline station offering self
 1712  service at a lesser cost shall require an attendant employed by
 1713  the station to dispense gasoline from the self-service portion
 1714  of the station to any motor vehicle properly displaying an
 1715  exemption parking permit as provided in s. 316.1958 or s.
 1716  320.0848 or a license plate issued pursuant to s. 320.084, s.
 1717  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
 1718  such permit has been issued is the operator of the vehicle and
 1719  such service is requested. Such stations shall prominently
 1720  display a decal no larger than 8 square inches on the front of
 1721  all self-service pumps clearly stating the requirements of this
 1722  subsection and the penalties applicable to violations of this
 1723  subsection. The Department of Agriculture and Consumer Services
 1724  shall enforce this requirement.
 1725         (b) By July 1, 2016, a full-service gasoline station
 1726  offering self-service at a lesser cost shall prominently
 1727  display, in addition to the decal required under paragraph (a),
 1728  a decal that is blue, is at least 15 square inches in size, and
 1729  clearly displays the international symbol of accessibility shown
 1730  in s. 320.0842, the telephone number of the station, and the
 1731  words “Call for Assistance.” The Department of Agriculture and
 1732  Consumer Services shall adopt rules to implement and enforce
 1733  this paragraph. This paragraph preempts and supersedes local
 1734  government laws and regulations pertaining to the provision of
 1735  fueling assistance by a self-service gasoline station to a motor
 1736  vehicle operator described in paragraph (a).
 1737         (c)(b) Violation of paragraph (a) is a misdemeanor of the
 1738  second degree, punishable as provided in s. 775.082 or s.
 1739  775.083.
 1740         Section 28. Paragraph (a) of subsection (1) of section
 1741  562.11, Florida Statutes, is amended to read:
 1742         562.11 Selling, giving, or serving alcoholic beverages to
 1743  person under age 21; providing a proper name; misrepresenting or
 1744  misstating age or age of another to induce licensee to serve
 1745  alcoholic beverages to person under 21; penalties.—
 1746         (1)(a)1. A It is unlawful for any person may not to sell,
 1747  give, serve, or permit to be served alcoholic beverages to a
 1748  person under 21 years of age or to permit a person under 21
 1749  years of age to consume such beverages on the licensed premises.
 1750  A person who violates this subparagraph commits a misdemeanor of
 1751  the second degree, punishable as provided in s. 775.082 or s.
 1752  775.083. A person who violates this subparagraph a second or
 1753  subsequent time within 1 year after a prior conviction commits a
 1754  misdemeanor of the first degree, punishable as provided in s.
 1755  775.082 or s. 775.083.
 1756         2. In addition to any other penalty imposed for a violation
 1757  of subparagraph 1., the court may order the Department of
 1758  Highway Safety and Motor Vehicles to withhold the issuance of,
 1759  or suspend or revoke, the driver driver’s license or driving
 1760  privilege, as provided in s. 322.057, of any person who violates
 1761  subparagraph 1. This subparagraph does not apply to a licensee,
 1762  as defined in s. 561.01, who violates subparagraph 1. while
 1763  acting within the scope of his or her license or an employee or
 1764  agent of a licensee, as defined in s. 561.01, who violates
 1765  subparagraph 1. while engaged within the scope of his or her
 1766  employment or agency.
 1767         3. A court that withholds the issuance of, or suspends or
 1768  revokes, the driver license or driving privilege of a person
 1769  pursuant to subparagraph 2. may direct the Department of Highway
 1770  Safety and Motor Vehicles to issue the person a license for
 1771  driving privilege restricted to business purposes only, as
 1772  defined in s. 322.271, if he or she is otherwise qualified.
 1773         Section 29. Section 812.0155, Florida Statutes, is amended
 1774  to read:
 1775         812.0155 Suspension of driver driver’s license following an
 1776  adjudication of guilt for theft.—
 1777         (1) Except as provided in subsections (2) and (3), the
 1778  court may order the suspension of the driver driver’s license of
 1779  each person adjudicated guilty of any misdemeanor violation of
 1780  s. 812.014 or s. 812.015, regardless of the value of the
 1781  property stolen. The court shall order the suspension of the
 1782  driver’s license of each person adjudicated guilty of any
 1783  misdemeanor violation of s. 812.014 or s. 812.015 who has
 1784  previously been convicted of such an offense. Upon ordering the
 1785  suspension of the driver driver’s license of the person
 1786  adjudicated guilty, the court shall forward the driver driver’s
 1787  license of the person adjudicated guilty to the Department of
 1788  Highway Safety and Motor Vehicles in accordance with s. 322.25.
 1789         (a) The first suspension of a driver driver’s license under
 1790  this subsection shall be for a period of up to 6 months.
 1791         (b) A second or subsequent suspension of a driver driver’s
 1792  license under this subsection shall be for 1 year.
 1793         (2) The court may revoke, suspend, or withhold issuance of
 1794  a driver driver’s license of a person less than 18 years of age
 1795  who violates s. 812.014 or s. 812.015 as an alternative to
 1796  sentencing the person to:
 1797         (a) Probation as defined in s. 985.03 or commitment to the
 1798  Department of Juvenile Justice, if the person is adjudicated
 1799  delinquent for such violation and has not previously been
 1800  convicted of or adjudicated delinquent for any criminal offense,
 1801  regardless of whether adjudication was withheld.
 1802         (b) Probation as defined in s. 985.03, commitment to the
 1803  Department of Juvenile Justice, probation as defined in chapter
 1804  948, community control, or incarceration, if the person is
 1805  convicted as an adult of such violation and has not previously
 1806  been convicted of or adjudicated delinquent for any criminal
 1807  offense, regardless of whether adjudication was withheld.
 1808         (3) As used in this subsection, the term “department” means
 1809  the Department of Highway Safety and Motor Vehicles. A court
 1810  that revokes, suspends, or withholds issuance of a driver
 1811  driver’s license under subsection (2) shall:
 1812         (a) If the person is eligible by reason of age for a driver
 1813  driver’s license or driving privilege, direct the department to
 1814  revoke or withhold issuance of the person’s driver driver’s
 1815  license or driving privilege for not less than 6 months and not
 1816  more than 1 year;
 1817         (b) If the person’s driver driver’s license is under
 1818  suspension or revocation for any reason, direct the department
 1819  to extend the period of suspension or revocation by not less
 1820  than 6 months and not more than 1 year; or
 1821         (c) If the person is ineligible by reason of age for a
 1822  driver driver’s license or driving privilege, direct the
 1823  department to withhold issuance of the person’s driver driver’s
 1824  license or driving privilege for not less than 6 months and not
 1825  more than 1 year after the date on which the person would
 1826  otherwise become eligible.
 1827         (4) Subsections (2) and (3) do not preclude the court from
 1828  imposing any sanction specified or not specified in subsection
 1829  (2) or subsection (3).
 1830         (5) A court that suspends the driver license of a person
 1831  pursuant to subsection (1) may direct the Department of Highway
 1832  Safety and Motor Vehicles to issue the person a license for
 1833  driving privilege restricted to business purposes only, as
 1834  defined in s. 322.271, if he or she is otherwise qualified.
 1835         Section 30. Section 832.09, Florida Statutes, is amended to
 1836  read:
 1837         832.09 Suspension of driver license after warrant or capias
 1838  is issued in worthless check case.—
 1839         (1) The court may order the suspension or revocation of the
 1840  driver license of a Any person who is being prosecuted for
 1841  passing a worthless check in violation of s. 832.05, who fails
 1842  to appear before the court and against whom a warrant or capias
 1843  for failure to appear is issued by the court if the person has
 1844  previously been adjudicated guilty of a violation of s. 832.05
 1845  shall have his or her driver’s license suspended or revoked
 1846  pursuant to s. 322.251.
 1847         (2) Within 5 working days after the court orders the
 1848  suspension of a driver license pursuant to subsection (1)
 1849  issuance of a warrant or capias for failure to appear, the clerk
 1850  of the court in the county where the warrant or capias is issued
 1851  shall notify the Department of Highway Safety and Motor Vehicles
 1852  by the most efficient method available of the action of the
 1853  court.
 1854         Section 31. Section 2 of chapter 85-364, Laws of Florida,
 1855  as amended by section 2 of chapter 95-382, Laws of Florida, is
 1856  amended to read:
 1857         Section 2. All tolls collected shall first be used first
 1858  for the payment of annual operating and maintenance costs and
 1859  second to discharge the current bond indebtedness related to the
 1860  Pinellas Bayway. Thereafter, tolls collected shall be used to
 1861  establish a reserve construction account to be used, together
 1862  with interest earned thereon, by the department for the
 1863  construction of Blind Pass Road, State Road 699 improvements,
 1864  and for Phase II of the Pinellas Bayway improvements. A portion
 1865  of the tolls collected shall first be used specifically for the
 1866  construction of the Blind Pass Road improvements, which
 1867  improvements consist of widening to four lanes the Blind Pass
 1868  Road, State Road 699, from 75th Avenue north to the approach of
 1869  the Blind Pass Bridge, including necessary right-of-way
 1870  acquisition along said portion of Blind Pass Road, and
 1871  intersection improvements at 75th Avenue and Blind Pass Road in
 1872  Pinellas County. Said improvements shall be included in the
 1873  department’s current 5-year work program. Upon completion of the
 1874  Blind Pass Road improvements, the tolls collected shall be used,
 1875  together with interest earned thereon, by the department for
 1876  Phase II of the Pinellas Bayway improvements consists, which
 1877  improvements consist of widening to four lanes the Pinellas
 1878  Bayway from State Road 679 west to Gulf Boulevard, including
 1879  necessary approaches, bridges, and avenues of access. Upon
 1880  completion of the Phase II improvements, the department shall
 1881  continue to collect tolls on the Pinellas Bayway for purposes of
 1882  reimbursing the department for all accrued maintenance costs for
 1883  the Pinellas Bayway.
 1884         Section 32. The Department of Highway Safety and Motor
 1885  Vehicles is directed to develop a plan of action that addresses
 1886  motor vehicle registration holds placed pursuant to ss.
 1887  316.1001, 316.1967, and 318.15, Florida Statutes, for
 1888  presentation to the Legislature by February 1, 2015. The plan
 1889  must, at a minimum, include a methodology for applicants whose
 1890  names have been placed on the list of persons who may not be
 1891  issued a license plate or revalidation sticker under s.
 1892  320.03(8), Florida Statutes, to rectify the cause of the hold
 1893  through the payment of any outstanding toll, parking ticket,
 1894  fine, and any other fee at the point of collection of the
 1895  registration fee.
 1896         Section 33. This act shall take effect July 1, 2014.