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.