Florida Senate - 2014                             CS for SB 1272
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-02207-14                                          20141272c1
    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. 110.205, F.S.;
    7         conforming cross-references; creating s. 316.0071,
    8         F.S.; requiring that the provisions of ch. 316, F.S.,
    9         be enforced by the direct observation and intervention
   10         of a law enforcement officer, a parking enforcement
   11         specialist, a traffic infraction enforcement officer,
   12         or any other duly appointed individual unless another
   13         method has been expressly authorized; creating s.
   14         316.0778, F.S.; defining the term “automated license
   15         plate recognition system”; requiring the Department of
   16         State to consult with the Department of Law
   17         Enforcement in establishing a retention schedule for
   18         records generated by the use of an automated license
   19         plate recognition system; creating s. 316.0817, F.S.;
   20         prohibiting a bus from stopping to load or unload
   21         passengers in a manner that impedes, blocks, or
   22         otherwise restricts the progression of traffic under
   23         certain circumstances; amending s. 316.1975, F.S.;
   24         authorizing an operator of a vehicle that is started
   25         by remote control to let the vehicle stand unattended
   26         under certain circumstances; amending s. 316.2952,
   27         F.S.; revising a provision exempting a global position
   28         system device or similar satellite receiver device
   29         from the prohibition of attachments on windshields;
   30         amending s. 316.86, F.S.; revising provisions relating
   31         to the operation of vehicles equipped with autonomous
   32         technology on state roads for testing purposes;
   33         authorizing research organizations associated with
   34         accredited educational institutions to operate such
   35         vehicles; authorizing the testing of such vehicles on
   36         certain roadways designated by the Department of
   37         Transportation and applicable local or county
   38         governments; deleting an obsolete provision; amending
   39         s. 320.02, F.S.; requiring, rather than authorizing,
   40         the Department of Highway Safety and Motor Vehicles to
   41         withhold the renewal of registration or replacement
   42         registration of a motor vehicle identified in a notice
   43         submitted by a lienor for failure to surrender the
   44         vehicle if the applicant’s name is on the list of
   45         persons who may not be issued a license plate or
   46         revalidation sticker; revising the conditions under
   47         which a revalidation sticker or replacement license
   48         plate may be issued; amending s. 320.083, F.S.;
   49         revising the requirements for a special license plate;
   50         amending s. 320.1316, F.S.; prohibiting the department
   51         from issuing a license plate, revalidation sticker, or
   52         replacement license plate for a vehicle or vessel
   53         identified in a notice from a lienor; requiring that a
   54         notice to surrender a vehicle or vessel be signed
   55         under oath by the lienor; authorizing a registered
   56         owner of a vehicle to bring a civil action, rather
   57         than to notify the department and present certain
   58         proof, to dispute a notice to surrender a vehicle or
   59         vessel or his or her inclusion on the list of persons
   60         who may not be issued a license plate or revalidation
   61         sticker; providing a procedure for such a civil
   62         action; providing for the award of attorney fees and
   63         costs; creating s. 322.032, F.S.; requiring the
   64         Department of Highway Safety and Motor Vehicles to
   65         begin to review and prepare for the development of a
   66         system for issuing an optional digital proof of driver
   67         license; authorizing the Department of Highway Safety
   68         and Motor Vehicles to contract with private entities
   69         to develop the system; providing requirements for
   70         digital proof of driver license; providing criminal
   71         penalties for manufacturing or possessing a false
   72         digital proof of driver license; amending s. 322.059,
   73         F.S.; requiring the Department of Highway Safety and
   74         Motor Vehicles to invalidate the digital proof of
   75         driver license for a person whose license or
   76         registration has been suspended; amending s. 322.12,
   77         F.S.; requiring that certain test fees incurred by
   78         certain applicants for a driver license be retained by
   79         the tax collector; amending s. 322.15, F.S.;
   80         authorizing a digital proof of driver license to be
   81         accepted in lieu of a physical driver license;
   82         amending s. 322.21, F.S.; authorizing certain tax
   83         collectors to retain a replacement driver license or
   84         identification card fee under certain circumstances;
   85         exempting certain individuals who are homeless or
   86         whose annual income is at or below a certain
   87         percentage of the federal poverty level from paying a
   88         fee for an original, renewal, or replacement
   89         identification card; amending s. 337.25, F.S.;
   90         authorizing the Department of Transportation to use
   91         auction services in the conveyance of certain property
   92         or leasehold interests; revising certain inventory
   93         requirements; revising provisions relating to, and
   94         providing criteria for, the disposition of certain
   95         excess property by the Department of Transportation;
   96         providing criteria for the disposition of donated
   97         property, property used for a public purpose, or
   98         property acquired to provide replacement housing for
   99         certain displaced persons; providing value offsets for
  100         property that requires significant maintenance costs
  101         or exposes the Department of Transportation to
  102         significant liability; providing procedures for the
  103         sale of property to abutting property owners; deleting
  104         provisions to conform to changes made by the act;
  105         providing monetary restrictions and criteria for the
  106         conveyance of certain leasehold interests; providing
  107         exceptions to restrictions for leases entered into for
  108         a public purpose; providing criteria for the
  109         preparation of estimates of value prepared by the
  110         Department of Transportation; providing that the
  111         requirements of s. 73.013, F.S., relating to eminent
  112         domain are not modified; amending s. 337.251, F.S.;
  113         revising criteria for leasing certain Department of
  114         Transportation property; increasing the time for the
  115         Department of Transportation to accept proposals for
  116         lease after a notice is published; directing the
  117         Department of Transportation to establish an
  118         application fee by rule; providing criteria for the
  119         fee; providing criteria for a proposed lease;
  120         requiring the Department of Transportation to provide
  121         an independent analysis of a proposed lease; amending
  122         s. 339.175, F.S.; increasing the maximum number of
  123         apportioned members that may compose the voting
  124         membership of a metropolitan planning organization
  125         (M.P.O.); providing that the governing board of a
  126         multicounty M.P.O. may be made up of any combination
  127         of county commissioners from the counties constituting
  128         the M.P.O; providing that a voting member of an M.P.O
  129         may represent a group of general-purpose local
  130         governments through an entity created by the M.P.O.;
  131         requiring each M.P.O. to review and reapportion its
  132         membership as necessary in conjunction with the
  133         decennial census, the agreement of the affected units
  134         of the M.P.O., and the agreement of the Governor;
  135         removing provisions requiring the Governor to
  136         apportion, review, and reapportion the composition of
  137         an M.P.O. membership; revising a provision regarding
  138         bylaws to allow the M.P.O. governing board to
  139         establish bylaws; amending s. 339.2821, F.S.;
  140         authorizing Enterprise Florida, Inc., to be a
  141         consultant to the Department of Transportation for
  142         consideration of expenditures associated with and
  143         contracts for transportation projects; revising the
  144         requirements for economic development transportation
  145         project contracts between the Department of
  146         Transportation and a governmental entity; amending s.
  147         526.141, F.S.; requiring full-service gasoline
  148         stations offering self-service at a lesser cost to
  149         display an additional decal; requiring the decal to
  150         contain certain information; requiring the Department
  151         of Agriculture and Consumer Services to adopt rules to
  152         implement and enforce this requirement; providing for
  153         preemption of local regulations pertaining to fueling
  154         assistance for certain motor vehicle operators;
  155         amending chapter 85-634, Laws of Florida, as amended;
  156         providing that maintenance costs are eligible for
  157         payment from certain toll revenues as specified;
  158         removing references to certain completed projects;
  159         directing the Department of Highway Safety and Motor
  160         Vehicles to develop a plan that addresses certain
  161         vehicle registration holds; providing an effective
  162         date.
  163          
  164  Be It Enacted by the Legislature of the State of Florida:
  165  
  166         Section 1. Paragraph (b) of subsection (2) and subsection
  167  (3) of section 20.23, Florida Statutes, are amended to read:
  168         20.23 Department of Transportation.—There is created a
  169  Department of Transportation which shall be a decentralized
  170  agency.
  171         (2)
  172         (b) The commission shall have the primary functions to:
  173         1. Recommend major transportation policies for the
  174  Governor’s approval, and assure that approved policies and any
  175  revisions thereto are properly executed.
  176         2. Periodically review the status of the state
  177  transportation system including highway, transit, rail, seaport,
  178  intermodal development, and aviation components of the system
  179  and recommend improvements therein to the Governor and the
  180  Legislature.
  181         3. Perform an in-depth evaluation of the annual department
  182  budget request, the Florida Transportation Plan, and the
  183  tentative work program for compliance with all applicable laws
  184  and established departmental policies. Except as specifically
  185  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  186  not consider individual construction projects, but shall
  187  consider methods of accomplishing the goals of the department in
  188  the most effective, efficient, and businesslike manner.
  189         4. Monitor the financial status of the department on a
  190  regular basis to assure that the department is managing revenue
  191  and bond proceeds responsibly and in accordance with law and
  192  established policy.
  193         5. Monitor on at least a quarterly basis, the efficiency,
  194  productivity, and management of the department, using
  195  performance and production standards developed by the commission
  196  pursuant to s. 334.045.
  197         6. Perform an in-depth evaluation of the factors causing
  198  disruption of project schedules in the adopted work program and
  199  recommend to the Governor Legislature and the Legislature
  200  Governor methods to eliminate or reduce the disruptive effects
  201  of these factors.
  202         7. Recommend to the Governor and the Legislature
  203  improvements to the department’s organization in order to
  204  streamline and optimize the efficiency of the department. In
  205  reviewing the department’s organization, the commission shall
  206  determine if the current district organizational structure is
  207  responsive to this state’s Florida’s changing economic and
  208  demographic development patterns. The initial report by the
  209  commission must be delivered to the Governor and the Legislature
  210  by December 15, 2000, and each year thereafter, as appropriate.
  211  The commission may retain such experts as are reasonably
  212  necessary to carry out effectuate this subparagraph, and the
  213  department shall pay the expenses of the such experts.
  214         8. Monitor the efficiency, productivity, and management of
  215  the authorities created under chapters 348 and 349, including
  216  any authority formed using the provisions of part I of chapter
  217  348; the Mid-Bay Bridge Authority re-created pursuant to chapter
  218  2000-411, Laws of Florida; and any authority formed under
  219  chapter 343 which is not monitored under subsection (3). The
  220  commission shall also conduct periodic reviews of each
  221  authority’s operations and budget, acquisition of property,
  222  management of revenue and bond proceeds, and compliance with
  223  applicable laws and generally accepted accounting principles.
  224         (3) There is created the Florida Statewide Passenger Rail
  225  Commission.
  226         (a)1. The commission shall consist of nine voting members
  227  appointed as follows:
  228         a. Three members shall be appointed by the Governor, one of
  229  whom must have a background in the area of environmental
  230  concerns, one of whom must have a legislative background, and
  231  one of whom must have a general business background.
  232         b. Three members shall be appointed by the President of the
  233  Senate, one of whom must have a background in civil engineering,
  234  one of whom must have a background in transportation
  235  construction, and one of whom must have a general business
  236  background.
  237         c. Three members shall be appointed by the Speaker of the
  238  House of Representatives, one of whom must have a legal
  239  background, one of whom must have a background in financial
  240  matters, and one of whom must have a general business
  241  background.
  242         2. The initial term of each member appointed by the
  243  Governor shall be for 4 years. The initial term of each member
  244  appointed by the President of the Senate shall be for 3 years.
  245  The initial term of each member appointed by the Speaker of the
  246  House of Representatives shall be for 2 years. Succeeding terms
  247  for all members shall be for 4 years.
  248         3. A vacancy occurring during a term shall be filled by the
  249  respective appointing authority in the same manner as the
  250  original appointment and only for the balance of the unexpired
  251  term. An appointment to fill a vacancy shall be made within 60
  252  days after the occurrence of the vacancy.
  253         4. The commission shall elect one of its members as chair
  254  of the commission. The chair shall hold office at the will of
  255  the commission. Five members of the commission shall constitute
  256  a quorum, and the vote of five members shall be necessary for
  257  any action taken by the commission. The commission may meet upon
  258  the constitution of a quorum. A vacancy in the commission does
  259  not impair the right of a quorum to exercise all rights and
  260  perform all duties of the commission.
  261         5. The members of the commission are not entitled to
  262  compensation but are entitled to reimbursement for travel and
  263  other necessary expenses as provided in s. 112.061.
  264         (b) The commission shall have the primary functions of:
  265         1. Monitoring the efficiency, productivity, and management
  266  of all publicly funded passenger rail systems in the state,
  267  including, but not limited to, any authority created under
  268  chapter 343, chapter 349, or chapter 163 if the authority
  269  receives public funds for the provision of passenger rail
  270  service. The commission shall advise each monitored authority of
  271  its findings and recommendations. The commission shall also
  272  conduct periodic reviews of each monitored authority’s passenger
  273  rail and associated transit operations and budget, acquisition
  274  of property, management of revenue and bond proceeds, and
  275  compliance with applicable laws and generally accepted
  276  accounting principles. The commission may seek the assistance of
  277  the Auditor General in conducting such reviews and shall report
  278  the findings of such reviews to the Legislature. This paragraph
  279  does not preclude the Florida Transportation Commission from
  280  conducting its performance and work program monitoring
  281  responsibilities.
  282         2. Advising the department on policies and strategies used
  283  in planning, designing, building, operating, financing, and
  284  maintaining a coordinated statewide system of passenger rail
  285  services.
  286         3. Evaluating passenger rail policies and providing advice
  287  and recommendations to the Legislature on passenger rail
  288  operations in the state.
  289         (c) The commission or a member of the commission may not
  290  enter into the day-to-day operation of the department or a
  291  monitored authority and is specifically prohibited from taking
  292  part in:
  293         1. The awarding of contracts.
  294         2. The selection of a consultant or contractor or the
  295  prequalification of any individual consultant or contractor.
  296  However, the commission may recommend to the secretary standards
  297  and policies governing the procedure for selection and
  298  prequalification of consultants and contractors.
  299         3. The selection of a route for a specific project.
  300         4. The specific location of a transportation facility.
  301         5. The acquisition of rights-of-way.
  302         6. The employment, promotion, demotion, suspension,
  303  transfer, or discharge of any department personnel.
  304         7. The granting, denial, suspension, or revocation of any
  305  license or permit issued by the department.
  306         (d) The commission is assigned to the Office of the
  307  Secretary of the Department of Transportation for administrative
  308  and fiscal accountability purposes, but it shall otherwise
  309  function independently of the control and direction of the
  310  department except that reasonable expenses of the commission
  311  shall be subject to approval by the Secretary of Transportation.
  312  The department shall provide administrative support and service
  313  to the commission.
  314         Section 2. Paragraphs (j), (m), and (q) of subsection (2)
  315  of section 110.205, Florida Statutes, are amended to read:
  316         110.205 Career service; exemptions.—
  317         (2) EXEMPT POSITIONS.—The exempt positions that are not
  318  covered by this part include the following:
  319         (j) The appointed secretaries and the State Surgeon
  320  General, assistant secretaries, deputy secretaries, and deputy
  321  assistant secretaries of all departments; the executive
  322  directors, assistant executive directors, deputy executive
  323  directors, and deputy assistant executive directors of all
  324  departments; the directors of all divisions and those positions
  325  determined by the department to have managerial responsibilities
  326  comparable to such positions, which positions include, but are
  327  not limited to, program directors, assistant program directors,
  328  district administrators, deputy district administrators, the
  329  Director of Central Operations Services of the Department of
  330  Children and Families Family Services, the State Transportation
  331  Development Administrator, the State Public Transportation and
  332  Modal Administrator, district secretaries, district directors of
  333  transportation development, transportation operations,
  334  transportation support, and the managers of the offices of the
  335  Department of Transportation specified in s. 20.23(3)(b) s.
  336  20.23(4)(b), of the Department of Transportation. Unless
  337  otherwise fixed by law, the department shall set the salary and
  338  benefits of these positions in accordance with the rules of the
  339  Senior Management Service; and the positions of county health
  340  department directors and county health department administrators
  341  of the Department of Health in accordance with the rules of the
  342  Senior Management Service.
  343         (m) All assistant division director, deputy division
  344  director, and bureau chief positions in any department, and
  345  those positions determined by the department to have managerial
  346  responsibilities comparable to such positions, which include,
  347  but are not limited to:
  348         1. Positions in the Department of Health and the Department
  349  of Children and Families which Family Services that are assigned
  350  primary duties of serving as the superintendent or assistant
  351  superintendent of an institution.
  352         2. Positions in the Department of Corrections which that
  353  are assigned primary duties of serving as the warden, assistant
  354  warden, colonel, or major of an institution or that are assigned
  355  primary duties of serving as the circuit administrator or deputy
  356  circuit administrator.
  357         3. Positions in the Department of Transportation which that
  358  are assigned primary duties of serving as regional toll managers
  359  and managers of offices, as specified defined in s. 20.23(3)(b)
  360  and (4)(c) s. 20.23(4)(b) and (5)(c).
  361         4. Positions in the Department of Environmental Protection
  362  which that are assigned the duty of an Environmental
  363  Administrator or program administrator.
  364         5. Positions in the Department of Health which that are
  365  assigned the duties of Environmental Administrator, Assistant
  366  County Health Department Director, and County Health Department
  367  Financial Administrator.
  368         6. Positions in the Department of Highway Safety and Motor
  369  Vehicles which that are assigned primary duties of serving as
  370  captains in the Florida Highway Patrol.
  371  
  372  Unless otherwise fixed by law, the department shall set the
  373  salary and benefits of the positions listed in this paragraph in
  374  accordance with the rules established for the Selected Exempt
  375  Service.
  376         (q) The staff directors, assistant staff directors,
  377  district program managers, district program coordinators,
  378  district subdistrict administrators, district administrative
  379  services directors, district attorneys, and the Deputy Director
  380  of Central Operations Services of the Department of Children and
  381  Families Family Services. Unless otherwise fixed by law, the
  382  department shall establish the salary pay band and benefits for
  383  these positions in accordance with the rules of the Selected
  384  Exempt Service.
  385         Section 3. Section 316.0071, Florida Statutes, is created
  386  to read:
  387         316.0071 Enforcement.—Unless expressly authorized,
  388  enforcement of this chapter by a method other than the direct
  389  observation and intervention of a law enforcement officer, a
  390  parking enforcement specialist, a traffic infraction enforcement
  391  officer, or any other duly appointed individual is prohibited.
  392         Section 4. Section 316.0078, Florida Statutes, is created
  393  to read:
  394         316.0778 Automated license plate recognition systems;
  395  records retention.—
  396         (1) As used in this section, the term “automated license
  397  plate recognition system” means a system of one or more mobile
  398  or fixed high-speed cameras combined with computer algorithms to
  399  convert images of license plates into computer-readable data.
  400         (2) In consultation with the Department of Law Enforcement,
  401  the Department of State shall establish a retention schedule for
  402  records containing images and data generated through the use of
  403  an automated license plate recognition system. The retention
  404  schedule must establish a maximum period that the records may be
  405  retained.
  406         Section 5. Section 316.0817, Florida Statutes, is created
  407  to read:
  408         316.0817 Loading and unloading of bus passengers.—
  409         (1) Notwithstanding any other law, a bus may not stop to
  410  load or unload passengers in a manner that impedes, blocks, or
  411  otherwise restricts the progression of traffic on the main
  412  traveled portion of a roadway if there is another reasonable
  413  means for the bus to stop parallel to the travel lane and safely
  414  load and unload passengers. As used in this section, the term
  415  “reasonable means” means sufficient unobstructed pavement or a
  416  designated turn lane that is sufficient in length to allow the
  417  safe loading and unloading of passengers parallel to the travel
  418  lane.
  419         (2) This section does not apply to a school bus.
  420         Section 6. Paragraph (d) is added to subsection (2) of
  421  section 316.1975, Florida Statutes, to read:
  422         316.1975 Unattended motor vehicle.—
  423         (2) This section does not apply to the operator of:
  424         (d) A vehicle that is started by remote control while the
  425  ignition, transmission, and doors are locked.
  426         Section 7. Paragraph (d) of subsection (2) of section
  427  316.2952, Florida Statutes, is amended to read:
  428         316.2952 Windshields; requirements; restrictions.—
  429         (2) A person shall not operate any motor vehicle on any
  430  public highway, road, or street with any sign, sunscreening
  431  material, product, or covering attached to, or located in or
  432  upon, the windshield, except the following:
  433         (d) A global positioning system device or similar satellite
  434  receiver device that which uses the global positioning system
  435  operated pursuant to 10 U.S.C. s. 2281 to obtain for the purpose
  436  of obtaining navigation, to improve driver safety as a component
  437  of safety monitoring equipment capable of providing driver
  438  feedback, or to otherwise route routing information while the
  439  motor vehicle is being operated.
  440         Section 8. Subsections (1) and (3) of section 316.86,
  441  Florida Statutes, are amended to read:
  442         316.86 Operation of vehicles equipped with autonomous
  443  technology on roads for testing purposes; financial
  444  responsibility; exemption from liability for manufacturer when
  445  third party converts vehicle; report.—
  446         (1) Vehicles equipped with autonomous technology may be
  447  operated on roads in this state by employees, contractors, or
  448  other persons designated by manufacturers of autonomous
  449  technology, or by research organizations associated with
  450  accredited educational institutions, for the purpose of testing
  451  the technology. For testing purposes, a human operator must
  452  retain shall be present in the autonomous vehicle such that he
  453  or she has the ability to monitor the vehicle’s performance and
  454  intervene, if necessary, unless the vehicle is being tested or
  455  demonstrated on a closed course or any other autonomous vehicle
  456  testing roadway as designated by the Department of
  457  Transportation and applicable local or county government. Before
  458  Prior to the start of testing in this state, the entity
  459  performing the testing must submit to the Department of Highway
  460  Safety and Motor Vehicles an instrument of insurance, surety
  461  bond, or proof of self-insurance acceptable to the department in
  462  the amount of $5 million.
  463         (3) By February 12, 2014, the Department of Highway Safety
  464  and Motor Vehicles shall submit a report to the President of the
  465  Senate and the Speaker of the House of Representatives
  466  recommending additional legislative or regulatory action that
  467  may be required for the safe testing and operation of motor
  468  vehicles equipped with autonomous technology.
  469         Section 9. Subsection (17) of section 320.02, Florida
  470  Statutes, is amended to read:
  471         320.02 Registration required; application for registration;
  472  forms.—
  473         (17) If an any applicant’s name appears on a list of
  474  persons who may not be issued a license plate, revalidation
  475  sticker, or replacement license plate after a written notice to
  476  surrender a vehicle was submitted to the department by a lienor
  477  as provided in s. 320.1316, the department shall may withhold
  478  renewal of registration or replacement registration of the any
  479  motor vehicle identified in owned by the applicant at the time
  480  the notice was submitted by the lienor. The lienor must maintain
  481  proof that written notice to surrender the vehicle was sent to
  482  each registered owner pursuant to s. 320.1316(1). A revalidation
  483  sticker or replacement license plate may not be issued for the
  484  identified vehicle until the that person’s name no longer
  485  appears on the list, or until the person presents documentation
  486  from the lienor that the vehicle has been surrendered to the
  487  lienor, or a court orders the person’s name removed from the
  488  list as provided in s. 320.1316. The department may shall not
  489  withhold an initial registration in connection with an
  490  applicant’s purchase or lease of a motor vehicle solely because
  491  the applicant’s name is on the list created by s. 320.1316.
  492         Section 10. Subsection (1) of section 320.083, Florida
  493  Statutes, is amended to read:
  494         320.083 Amateur radio operators; special license plates;
  495  fees.—
  496         (1) A person who is the owner or lessee of an automobile or
  497  truck for private use, a truck weighing not more than 7,999
  498  pounds, or a recreational vehicle as specified in s.
  499  320.08(9)(c) or (d), which is not used for hire or commercial
  500  use; who is a resident of the state; and who holds a valid
  501  official amateur radio station license recognized issued by the
  502  Federal Communications Commission shall be issued a special
  503  license plate upon application, accompanied by proof of
  504  ownership of such radio station license, and payment of the
  505  following tax and fees:
  506         (a) The license tax required for the vehicle, as prescribed
  507  by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), (c), (d),
  508  (e), or (f), or (9); and
  509         (b) An initial additional fee of $5, and an additional fee
  510  of $1.50 thereafter.
  511         Section 11. Section 320.1316, Florida Statutes, is amended
  512  to read:
  513         320.1316 Failure to surrender vehicle or vessel.—
  514         (1) Upon receipt from a lienor who claims a lien on a
  515  vehicle pursuant to s. 319.27 by the Department of Highway
  516  Safety and Motor Vehicles of written notice to surrender a
  517  vehicle or vessel that has been disposed of, concealed, removed,
  518  or destroyed by the lienee, the department shall place the name
  519  of the registered owner of that vehicle on the list of those
  520  persons who may not be issued a license plate, revalidation
  521  sticker, or replacement license plate for any motor vehicle
  522  under s. 320.03(8) owned by the lienee at the time the notice
  523  was given by the lienor. Pursuant to s. 320.03(8), the
  524  department may not issue a license plate or revalidation sticker
  525  for the vehicle or vessel owned by the lienee which is
  526  identified in the claim by the lienor. If the vehicle is owned
  527  jointly by more than one person, the name of each registered
  528  owner shall be placed on the list.
  529         (2) The notice to surrender the vehicle shall be signed
  530  under oath by the lienor and submitted on forms developed by the
  531  department, which must include:
  532         (a) The name, address, and telephone number of the lienor.
  533         (b) The name of the registered owner of the vehicle and the
  534  address to which the lienor provided notice to surrender the
  535  vehicle to the registered owner.
  536         (c) A general description of the vehicle, including its
  537  color, make, model, body style, and year.
  538         (d) The vehicle identification number, registration license
  539  plate number, if known, or other identification number, as
  540  applicable.
  541         (3) The registered owner of the vehicle may dispute a
  542  notice to surrender the vehicle or his or her inclusion on the
  543  list of those persons who may not be issued a license plate,
  544  revalidation sticker, or replacement license plate under s.
  545  320.03(8) by bringing a civil action in the county in which he
  546  or she resides by notifying the department of the dispute in
  547  writing on forms provided by the department and presenting proof
  548  that the vehicle was sold to a motor vehicle dealer licensed
  549  under s. 320.27, a mobile home dealer licensed under s. 320.77,
  550  or a recreational vehicle dealer licensed under s. 320.771.
  551         (4) In an action brought pursuant to subsection (3), the
  552  petitioner is entitled to the summary procedure specified in s.
  553  51.011, and the court shall advance the cause on its calendar if
  554  requested by the petitioner.
  555         (5) At a hearing challenging the refusal to issue a license
  556  plate, revalidation sticker, or replacement license plate under
  557  s. 320.03(8), the court shall first determine whether the lienor
  558  has a recorded lien on the vehicle or vessel and whether the
  559  lienor properly made a demand for the surrender of the vehicle
  560  or vessel in accordance with this section. If the court
  561  determines that the lien was recorded and that such a demand was
  562  properly made, the court shall determine whether good cause
  563  exists for the lienee’s failure to surrender the vehicle or
  564  vessel. As used in this section, the term “good cause” is
  565  limited to proof that:
  566         (a) The vehicle that was the subject of the demand for
  567  surrender was traded in to a licensed motor vehicle dealer
  568  before the date of the surrender demand;
  569         (b) The lien giving rise to the inclusion on the list has
  570  been paid in full or otherwise satisfied;
  571         (c) There is ongoing litigation relating to the validity or
  572  enforceability of the lien;
  573         (d) The petitioner was in compliance with all of his or her
  574  contractual obligations with the lienholder at the time of the
  575  demand for surrender;
  576         (e) The vehicle or vessel was reported to law enforcement
  577  as stolen by the registered owner of the vehicle or vessel
  578  before the demand for surrender; or
  579         (f) The petitioner no longer has possession of the vehicle
  580  or vessel, and the loss of possession occurred pursuant to
  581  operation of law. If the petitioner’s loss of possession did not
  582  occur pursuant to operation of law, the fact that a third party
  583  has physical possession of the vehicle or vessel does not
  584  constitute good cause for the failure to surrender the vehicle
  585  or vessel.
  586         (6) If the petitioner establishes good cause for his or her
  587  failure to surrender the vehicle or vessel, the court shall
  588  enter an order removing the petitioner’s name from the list of
  589  those persons who may not be issued a license plate,
  590  revalidation sticker, or replacement license plate under s.
  591  320.03(8) and shall award the petitioner reasonable attorney
  592  fees and costs actually incurred for the proceeding.
  593         (7) If the court finds that the demand for surrender was
  594  properly made by the lienor and the petitioner fails to
  595  establish good cause for the failure to surrender the vehicle or
  596  vessel, the court shall award the lienor reasonable attorney
  597  fees and costs actually incurred for the proceeding.
  598         Section 12. Section 322.032, Florida Statutes, is created
  599  to read:
  600         322.032 Digital proof of driver license.—
  601         (1) The department shall begin to review and prepare for
  602  the development of a secure and uniform system for issuing an
  603  optional digital proof of driver license. The department may
  604  contract with one or more private entities to develop a digital
  605  proof of driver license system.
  606         (2) The digital proof of driver license developed by the
  607  department or by an entity contracted by the department must be
  608  in such a format as to allow law enforcement to verify the
  609  authenticity of the digital proof of driver license. The
  610  department may promulgate rules to ensure valid authentication
  611  of digital driver licenses by law enforcement.
  612         (3) A person may not be issued a digital proof of driver
  613  license until he or she has satisfied all the requirements of
  614  this chapter and has received a physical driver license as
  615  provided in this chapter.
  616         (4) A person who:
  617         (a) Manufactures a false digital proof of driver license
  618  commits a felony of the third degree, punishable as provided in
  619  s. 775.082, s. 775.083, or s. 775.084.
  620         (b) Possesses a false digital proof of driver license
  621  commits a misdemeanor of the second degree, punishable as
  622  provided in s. 775.082.
  623         Section 13. Section 322.059, Florida Statutes, is amended
  624  to read:
  625         322.059 Mandatory surrender of suspended driver driver’s
  626  license and registration.—A Any person whose driver driver’s
  627  license or registration has been suspended as provided in s.
  628  322.058 must immediately return his or her driver driver’s
  629  license and registration to the Department of Highway Safety and
  630  Motor Vehicles. The department shall invalidate the digital
  631  proof of driver license issued pursuant to s. 322.032 for such
  632  person. If such person fails to return his or her driver
  633  driver’s license or registration, a any law enforcement agent
  634  may seize the license or registration while the driver driver’s
  635  license or registration is suspended.
  636         Section 14. Subsection (1) of section 322.12, Florida
  637  Statutes, is amended to read:
  638         322.12 Examination of applicants.—
  639         (1) It is the intent of the Legislature that each every
  640  applicant for an original driver driver’s license in this state
  641  be required to pass an examination pursuant to this section.
  642  However, the department may waive the knowledge, endorsement,
  643  and skills tests for an applicant who is otherwise qualified and
  644  who surrenders a valid driver driver’s license from another
  645  state or a province of Canada, or a valid driver driver’s
  646  license issued by the United States Armed Forces, if the driver
  647  applies for a Florida license of an equal or lesser
  648  classification. An Any applicant who:
  649         (a)Who Fails to pass the initial knowledge test incurs a
  650  $10 fee for each subsequent test. Of the $10 fee, $6 shall be
  651  retained by the tax collector if the knowledge test is conducted
  652  by the tax collector, and the remaining $4 shall, to be
  653  deposited into the Highway Safety Operating Trust Fund. All
  654  knowledge test fees incurred by an applicant taking the
  655  knowledge test with a third-party provider or administered at a
  656  state facility shall be deposited into the Highway Safety
  657  Operating Trust Fund. Any applicant
  658         (b)Who Fails to pass the initial skills test incurs a $20
  659  fee for each subsequent test. Of the $20 fee, $15 shall be
  660  retained by the tax collector if the skills test is conducted by
  661  the tax collector, and the remaining $5 shall, to be deposited
  662  into the Highway Safety Operating Trust Fund. All skills test
  663  fees incurred by an applicant taking the skills test with a
  664  third-party provider or administered at a state facility shall
  665  be deposited into the Highway Safety Operating Trust Fund. A
  666  person who
  667         (c) Seeks to retain a hazardous-materials endorsement,
  668  pursuant to s. 322.57(1)(d), must pass the hazardous-materials
  669  test, upon surrendering his or her commercial driver driver’s
  670  license, if the person has not taken and passed the hazardous
  671  materials test within 2 years before applying for a commercial
  672  driver driver’s license in this state.
  673         Section 15. Subsection (1) of section 322.15, Florida
  674  Statutes, is amended to read:
  675         322.15 License to be carried and exhibited on demand;
  676  fingerprint to be imprinted upon a citation.—
  677         (1) Every licensee shall have his or her driver driver’s
  678  license, which must be fully legible with no portion of such
  679  license faded, altered, mutilated, or defaced, in his or her
  680  immediate possession at all times when operating a motor vehicle
  681  and shall display the same upon the demand of a law enforcement
  682  officer or an authorized representative of the department. A
  683  licensee may display digital proof of driver license as provided
  684  in s. 322.032 in lieu of a physical driver license.
  685         Section 16. Paragraphs (e) and (f) of subsection (1) of
  686  section 322.21, Florida Statutes, are amended to read:
  687         322.21 License fees; procedure for handling and collecting
  688  fees.—
  689         (1) Except as otherwise provided herein, the fee for:
  690         (e) A replacement driver license issued pursuant to s.
  691  322.17 is $25. Of this amount, $7 shall be deposited into the
  692  Highway Safety Operating Trust Fund or retained by the tax
  693  collector if issued by a tax collector that has completed the
  694  transition of driver licensing services, and $18 shall be
  695  deposited into the General Revenue Fund. Beginning July 1, 2015,
  696  or upon completion of the transition of driver license issuance
  697  services, if the replacement driver license is issued by the tax
  698  collector, the tax collector shall retain the $7 that would
  699  otherwise be deposited into the Highway Safety Operating Trust
  700  Fund and the remaining revenues shall be deposited into the
  701  General Revenue Fund.
  702         (f) An original, renewal, or replacement identification
  703  card issued pursuant to s. 322.051 is $25, except that an
  704  applicant who presents evidence satisfactory to the department
  705  that he or she is homeless as defined in s. 414.0252(7) or his
  706  or her annual income is at or below 100 percent of the federal
  707  poverty level is exempt from such fee. Funds collected from
  708  these fees for original, renewal, or replacement identification
  709  cards shall be distributed as follows:
  710         1. For an original identification card issued pursuant to
  711  s. 322.051, the fee is $25. This amount shall be deposited into
  712  the General Revenue Fund.
  713         2. For a renewal identification card issued pursuant to s.
  714  322.051 the fee is $25. Of this amount, $6 shall be deposited
  715  into the Highway Safety Operating Trust Fund, and $19 shall be
  716  deposited into the General Revenue Fund.
  717         3. For a replacement identification card issued pursuant to
  718  s. 322.051, the fee is $25. Of this amount, $9 shall be
  719  deposited into the Highway Safety Operating Trust Fund or
  720  retained by the tax collector if issued by a tax collector that
  721  has completed the transition of driver licensing services, and
  722  $16 shall be deposited into the General Revenue Fund. Beginning
  723  July 1, 2015, or upon completion of the transition of the driver
  724  license issuance services, if the replacement identification
  725  card is issued by the tax collector, the tax collector shall
  726  retain the $9 that would otherwise be deposited into the Highway
  727  Safety Operating Trust Fund and the remaining revenues shall be
  728  deposited into the General Revenue Fund.
  729         Section 17. Section 337.25, Florida Statutes, is amended to
  730  read:
  731         337.25 Acquisition, lease, and disposal of real and
  732  personal property.—
  733         (1)(a) The department may purchase, lease, exchange, or
  734  otherwise acquire any land, property interests, or buildings, or
  735  other improvements, including personal property within such
  736  buildings or on such lands, necessary to secure or use utilize
  737  transportation rights-of-way for existing, proposed, or
  738  anticipated transportation facilities on the State Highway
  739  System, on the State Park Road System, in a rail corridor, or in
  740  a transportation corridor designated by the department. Such
  741  property shall be held in the name of the state.
  742         (b) The department may accept donations of any land, or
  743  buildings, or other improvements, including personal property
  744  within such buildings or on such lands with or without such
  745  conditions, reservations, or reverter provisions as are
  746  acceptable to the department. Such donations may be used as
  747  transportation rights-of-way or to secure or use utilize
  748  transportation rights-of-way for existing, proposed, or
  749  anticipated transportation facilities on the State Highway
  750  System, on the State Park Road System, or in a transportation
  751  corridor designated by the department.
  752         (c) If When lands, buildings, or other improvements are
  753  needed for transportation purposes, but are held by a federal,
  754  state, or local governmental entity and used utilized for public
  755  purposes other than transportation, the department may
  756  compensate the entity for such properties by providing
  757  functionally equivalent replacement facilities. The provision
  758  providing of replacement facilities under this subsection may
  759  only be undertaken with the agreement of the governmental entity
  760  affected.
  761         (d) The department may contract pursuant to s. 287.055 for
  762  auction services used in the conveyance of real or personal
  763  property or the conveyance of leasehold interests under
  764  subsections (4) and (5). The contract may allow for the
  765  contractor to retain a portion of the proceeds as compensation
  766  for the contractor’s services.
  767         (2) A complete inventory shall be made of all real or
  768  personal property immediately upon possession or acquisition.
  769  Such inventory must shall include an itemized listing of all
  770  appliances, fixtures, and other severable items; a statement of
  771  the location or site of each piece of realty, structure, or
  772  severable item; and the serial number assigned to each. Copies
  773  of each inventory shall be filed in the district office in which
  774  the property is located. Such inventory shall be carried forward
  775  to show the final disposition of each item of property, both
  776  real and personal.
  777         (3) The inventory of real property that which was acquired
  778  by the state after December 31, 1988, that which has been owned
  779  by the state for 10 or more years, and that which is not within
  780  a transportation corridor or within the right-of-way of a
  781  transportation facility shall be evaluated to determine the
  782  necessity for retaining the property. If the property is not
  783  needed for the construction, operation, and maintenance of a
  784  transportation facility, or is not located within a
  785  transportation corridor, the department may dispose of the
  786  property pursuant to subsection (4).
  787         (4) The department may convey sell, in the name of the
  788  state, any land, building, or other property, real or personal,
  789  which was acquired under the provisions of subsection (1) and
  790  which the department has determined is not needed for the
  791  construction, operation, and maintenance of a transportation
  792  facility. With the exception of any parcel governed by paragraph
  793  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
  794  (i), the department shall afford first right of refusal to the
  795  local government in the jurisdiction of which the parcel is
  796  situated. When such a determination has been made, property may
  797  be disposed of through negotiations, sealed competitive bids,
  798  auctions, or any other means the department deems to be in its
  799  best interest, with due advertisement for property valued by the
  800  department at greater than $10,000. A sale may not occur at a
  801  price less than the department’s current estimate of value,
  802  except as provided in paragraphs (a)-(d). The department may
  803  afford a right of first refusal to the local government or other
  804  political subdivision in the jurisdiction in which the parcel is
  805  situated, except in a conveyance transacted under paragraph (a),
  806  paragraph (c), or paragraph (e). in the following manner:
  807         (a) If the value of the property has been donated to the
  808  state for transportation purposes and a transportation facility
  809  has not been constructed for at least 5 years, plans have not
  810  been prepared for the construction of such facility, and the
  811  property is not located in a transportation corridor, the
  812  governmental entity may authorize reconveyance of the donated
  813  property for no consideration to the original donor or the
  814  donor’s heirs, successors, assigns, or representatives is
  815  $10,000 or less as determined by department estimate, the
  816  department may negotiate the sale.
  817         (b) If the value of the property is to be used for a public
  818  purpose, the property may be conveyed without consideration to a
  819  governmental entity exceeds $10,000 as determined by department
  820  estimate, such property may be sold to the highest bidder
  821  through receipt of sealed competitive bids, after due
  822  advertisement, or by public auction held at the site of the
  823  improvement which is being sold.
  824         (c) If the property was originally acquired specifically to
  825  provide replacement housing for persons displaced by
  826  transportation projects, the department may negotiate for the
  827  sale of such property as replacement housing. As compensation,
  828  the state shall receive at least its investment in such property
  829  or the department’s current estimate of value, whichever is
  830  lower. It is expressly intended that this benefit be extended
  831  only to persons actually displaced by the project. Dispositions
  832  to any other person must be for at least the department’s
  833  current estimate of value, in the discretion of the department,
  834  public sale would be inequitable, properties may be sold by
  835  negotiation to the owner holding title to the property abutting
  836  the property to be sold, provided such sale is at a negotiated
  837  price not less than fair market value as determined by an
  838  independent appraisal, the cost of which shall be paid by the
  839  owner of the abutting land. If negotiations do not result in the
  840  sale of the property to the owner of the abutting land and the
  841  property is sold to someone else, the cost of the independent
  842  appraisal shall be borne by the purchaser; and the owner of the
  843  abutting land shall have the cost of the appraisal refunded to
  844  him or her. If, however, no purchase takes place, the owner of
  845  the abutting land shall forfeit the sum paid by him or her for
  846  the independent appraisal. If, due to action of the department,
  847  the property is removed from eligibility for sale, the cost of
  848  any appraisal prepared shall be refunded to the owner of the
  849  abutting land.
  850         (d) If the department determines that the property requires
  851  significant costs to be incurred or that continued ownership of
  852  the property exposes the department to significant liability
  853  risks, the department may use the projected maintenance costs
  854  over the next 10 years to offset the property’s value in
  855  establishing a value for disposal of the property, even if that
  856  value is zero property acquired for use as a borrow pit is no
  857  longer needed, the department may sell such property to the
  858  owner of the parcel of abutting land from which the borrow pit
  859  was originally acquired, provided the sale is at a negotiated
  860  price not less than fair market value as determined by an
  861  independent appraisal, the cost of which shall be paid by the
  862  owner of such abutting land.
  863         (e) If, at the discretion of the department, a sale to a
  864  person other than an abutting property owner would be
  865  inequitable, the property may be sold to the abutting owner for
  866  the department’s current estimate of value the department begins
  867  the process for disposing of the property on its own initiative,
  868  either by negotiation under the provisions of paragraph (a),
  869  paragraph (c), paragraph (d), or paragraph (i), or by receipt of
  870  sealed competitive bids or public auction under the provisions
  871  of paragraph (b) or paragraph (i), a department staff appraiser
  872  may determine the fair market value of the property by an
  873  appraisal.
  874         (f) Any property which was acquired by a county or by the
  875  department using constitutional gas tax funds for the purpose of
  876  a right-of-way or borrow pit for a road on the State Highway
  877  System, State Park Road System, or county road system and which
  878  is no longer used or needed by the department may be conveyed
  879  without consideration to that county. The county may then sell
  880  such surplus property upon receipt of competitive bids in the
  881  same manner prescribed in this section.
  882         (g) If a property has been donated to the state for
  883  transportation purposes and the facility has not been
  884  constructed for a period of at least 5 years and no plans have
  885  been prepared for the construction of such facility and the
  886  property is not located in a transportation corridor, the
  887  governmental entity may authorize reconveyance of the donated
  888  property for no consideration to the original donor or the
  889  donor’s heirs, successors, assigns, or representatives.
  890         (h) If property is to be used for a public purpose, the
  891  property may be conveyed without consideration to a governmental
  892  entity.
  893         (i) If property was originally acquired specifically to
  894  provide replacement housing for persons displaced by
  895  transportation projects, the department may negotiate for the
  896  sale of such property as replacement housing. As compensation,
  897  the state shall receive no less than its investment in such
  898  properties or fair market value, whichever is lower. It is
  899  expressly intended that this benefit be extended only to those
  900  persons actually displaced by such project. Dispositions to any
  901  other persons must be for fair market value.
  902         (j) If the department determines that the property will
  903  require significant costs to be incurred or that continued
  904  ownership of the property exposes the department to significant
  905  liability risks, the department may use the projected
  906  maintenance costs over the next 5 years to offset the market
  907  value in establishing a value for disposal of the property, even
  908  if that value is zero.
  909         (5) The department may convey a leasehold interest for
  910  commercial or other purposes, in the name of the state, to any
  911  land, building, or other property, real or personal, which was
  912  acquired under the provisions of subsection (1). However, a
  913  lease may not be entered into at a price less than the
  914  department’s current estimate of value. The department’s
  915  estimate of value shall be prepared in accordance with
  916  department procedures, guidelines, and rules for valuation of
  917  real property, the cost of which shall be paid by the party
  918  seeking the lease of the property.
  919         (a) A lease may be through negotiations, sealed competitive
  920  bids, auctions, or any other means the department deems to be in
  921  its best interest The department may negotiate such a lease at
  922  the prevailing market value with the owner from whom the
  923  property was acquired; with the holders of leasehold estates
  924  existing at the time of the department’s acquisition; or, if
  925  public bidding would be inequitable, with the owner holding
  926  title to privately owned abutting property, if reasonable notice
  927  is provided to all other owners of abutting property. The
  928  department may allow an outdoor advertising sign to remain on
  929  the property acquired, or be relocated on department property,
  930  and such sign is shall not be considered a nonconforming sign
  931  pursuant to chapter 479.
  932         (b) If, at the discretion of the department, a lease to a
  933  person other than an abutting property owner or tenant with a
  934  leasehold interest in the abutting property would be
  935  inequitable, the property may be leased to the abutting owner or
  936  tenant for at least the department’s current estimate of value
  937  All other leases shall be by competitive bid.
  938         (c) A No lease signed pursuant to paragraph (a) may not or
  939  paragraph (b) shall be for a period of more than 5 years;
  940  however, the department may renegotiate or extend such a lease
  941  for an additional term of 5 years as the department deems
  942  appropriate without rebidding.
  943         (d) Each lease shall provide that, unless otherwise
  944  directed by the lessor, any improvements made to the property
  945  during the term of the lease shall be removed at the lessee’s
  946  expense.
  947         (e) If property is to be used for a public purpose,
  948  including a fair, art show, or other educational, cultural, or
  949  fundraising activity, the property may be leased without
  950  consideration to a governmental entity or school board. A lease
  951  for a public purpose is exempt from the term limits in paragraph
  952  (c).
  953         (f) Paragraphs (c) and (e) (d) do not apply to leases
  954  entered into pursuant to s. 260.0161(3), except as provided in
  955  such a lease.
  956         (g) A No lease executed under this subsection may not be
  957  used utilized by the lessee to establish the 4 years’ standing
  958  required under by s. 73.071(3)(b) if the business had not been
  959  established for the specified number of 4 years on the date
  960  title passed to the department.
  961         (h) The department may enter into a long-term lease without
  962  compensation with a public port listed in s. 403.021(9)(b) for
  963  rail corridors used for the operation of a short-line railroad
  964  to the port.
  965         (6) Nothing in This chapter does not prevent prevents the
  966  joint use of right-of-way for alternative modes of
  967  transportation if; provided that the joint use does not impair
  968  the integrity and safety of the transportation facility.
  969         (7) The department shall prepare the estimate of value
  970  provided under subsection (4) in accordance with department
  971  procedures, guidelines, and rules for valuation of real
  972  property. If the value of the property is greater than $50,000,
  973  as determined by the department estimate, the sale must be at a
  974  negotiated price of at least the estimate of value as determined
  975  by an appraisal prepared in accordance with department
  976  procedures, guidelines, and rules for valuation of real
  977  property, the cost of which shall be paid by the party seeking
  978  the purchase of the property. If the estimated value is $50,000
  979  or less, the department may use a department staff appraiser or
  980  obtain an independent appraisal required by paragraphs (4)(c)
  981  and (d) shall be prepared in accordance with department
  982  guidelines and rules by an independent appraiser who has been
  983  certified by the department. If federal funds were used in the
  984  acquisition of the property, the appraisal shall also be subject
  985  to the approval of the Federal Highway Administration.
  986         (8) As used in this section, the term A “due advertisement”
  987  means under this section is an advertisement in a newspaper of
  988  general circulation in the area of the improvements of at least
  989  not less than 14 calendar days before prior to the date of the
  990  receipt of bids or the date on which a public auction is to be
  991  held.
  992         (9) The department, with the approval of the Chief
  993  Financial Officer, may is authorized to disburse state funds for
  994  real estate closings in a manner consistent with good business
  995  practices and in a manner minimizing costs and risks to the
  996  state.
  997         (10) The department may is authorized to purchase title
  998  insurance if in those instances where it determines is
  999  determined that such insurance is necessary to protect the
 1000  public’s investment in property being acquired for
 1001  transportation purposes. The department shall adopt procedures
 1002  to be followed in making the determination to purchase title
 1003  insurance for a particular parcel or group of parcels which, at
 1004  a minimum, shall specify set forth criteria that which the
 1005  parcels must meet.
 1006         (11) This section does not modify the requirements of s.
 1007  73.013.
 1008         Section 18. Subsection (2) of section 337.251, Florida
 1009  Statutes, is amended, present subsections (3) through (10) of
 1010  that section are redesignated as subsections (4) through (11),
 1011  respectively, and a new subsection (3) is added to that section,
 1012  to read:
 1013         337.251 Lease of property for joint public-private
 1014  development and areas above or below department property.—
 1015         (2) The department may request proposals for the lease of
 1016  such property or, if the department receives a proposal for to
 1017  negotiate a lease of a particular department property which it
 1018  desires to consider, the department it shall publish a notice in
 1019  a newspaper of general circulation at least once a week for 2
 1020  weeks, stating that it has received the proposal and will
 1021  accept, for 60 days after the date of publication, other
 1022  proposals for lease of such property for 120 days after the date
 1023  of publication use of the space. A copy of the notice must be
 1024  mailed to each local government in the affected area. The
 1025  department shall establish by rule an application fee for the
 1026  submission of proposals pursuant to this section. The fee must
 1027  be sufficient to pay the anticipated costs of evaluating the
 1028  proposals. The department may engage the services of private
 1029  consultants to assist in the evaluations. Before approval, the
 1030  department shall determine that the proposed lease:
 1031         (a) Is in the public’s best interest;
 1032         (b) Does not require that state funds be used; and
 1033         (c) Has adequate safeguards in place to ensure that
 1034  additional costs are not borne and service disruptions are not
 1035  experienced by the traveling public and residents of the state
 1036  in the event of default by the private lessee or upon
 1037  termination or expiration of the lease.
 1038         (3) The department shall provide an independent analysis of
 1039  a proposed lease which demonstrates the cost-effectiveness and
 1040  overall public benefit at the following times:
 1041         (a) Before moving forward with the procurement; and
 1042         (b) Before awarding the contract if the procurement moves
 1043  forward.
 1044         Section 19. Paragraphs (a) and (b) of subsection (3),
 1045  paragraph (a) of subsection (4), and paragraph (c) of subsection
 1046  (11) of section 339.175, Florida Statutes, are amended to read:
 1047         339.175 Metropolitan planning organization.—
 1048         (3) VOTING MEMBERSHIP.—
 1049         (a) The voting membership of an M.P.O. shall consist of at
 1050  least not fewer than 5 but not or more than 25 19 apportioned
 1051  members, with the exact number to be determined on an equitable
 1052  geographic-population ratio basis by the Governor, based on an
 1053  agreement among the affected units of general-purpose local
 1054  government and the Governor, as required by federal rules and
 1055  regulations. The Governor, In accordance with 23 U.S.C. s. 134,
 1056  the Governor may also allow provide for M.P.O. members who
 1057  represent municipalities to alternate with representatives from
 1058  other municipalities within the metropolitan planning area which
 1059  that do not have members on the M.P.O. With the exception of
 1060  instances in which all of the county commissioners in a single
 1061  county M.P.O. are members of the M.P.O. governing board, county
 1062  commissioners commission members shall compose at least not less
 1063  than one-third of the M.P.O. governing board membership. A
 1064  multicounty M.P.O. may satisfy this requirement by any
 1065  combination of county commissioners from each of the counties
 1066  constituting the M.P.O., except for an M.P.O. with more than 15
 1067  members located in a county with a 5-member county commission or
 1068  an M.P.O. with 19 members located in a county with no more than
 1069  6 county commissioners, in which case county commission members
 1070  may compose less than one-third percent of the M.P.O.
 1071  membership, but all county commissioners must be members. All
 1072  Voting members shall be elected officials of general-purpose
 1073  local governments, one of whom may represent a group of general
 1074  purpose local governments through an entity created by an M.P.O.
 1075  for that purpose. except that An M.P.O. may include, as part of
 1076  its apportioned voting members, a member of a statutorily
 1077  authorized planning board, an official of an agency that
 1078  operates or administers a major mode of transportation, or an
 1079  official of Space Florida. As used in this section, the term
 1080  “elected officials of a general-purpose local government”
 1081  excludes shall exclude constitutional officers, including
 1082  sheriffs, tax collectors, supervisors of elections, property
 1083  appraisers, clerks of the court, and similar types of officials.
 1084  County commissioners shall compose not less than 20 percent of
 1085  the M.P.O. membership if an official of an agency that operates
 1086  or administers a major mode of transportation has been appointed
 1087  to an M.P.O.
 1088         (b) In metropolitan areas in which authorities or other
 1089  agencies have been or may be created by law to perform
 1090  transportation functions and are or will be performing
 1091  transportation functions that are not under the jurisdiction of
 1092  a general-purpose local government represented on the M.P.O.,
 1093  such authorities or other agencies may they shall be provided
 1094  voting membership on the M.P.O. In all other M.P.O.s in which
 1095  M.P.O.’s where transportation authorities or agencies are to be
 1096  represented by elected officials from general-purpose local
 1097  governments, the M.P.O. shall establish a process by which the
 1098  collective interests of such authorities or other agencies are
 1099  expressed and conveyed.
 1100         (4) APPORTIONMENT.—
 1101         (a) Each M.P.O. shall review the composition of its
 1102  membership in conjunction with the decennial census, as prepared
 1103  by the United States Department of Commerce, Bureau of the
 1104  Census, and with the agreement of the Governor and the affected
 1105  general-purpose local government units that constitute the
 1106  existing M.P.O., reapportion the membership as necessary to
 1107  comply with subsection (3) The Governor shall, with the
 1108  agreement of the affected units of general-purpose local
 1109  government as required by federal rules and regulations,
 1110  apportion the membership on the applicable M.P.O. among the
 1111  various governmental entities within the area. At the request of
 1112  a majority of the affected units of general-purpose local
 1113  government comprising an M.P.O., the Governor and a majority of
 1114  units of general-purpose local government serving on an M.P.O.
 1115  shall cooperatively agree upon and prescribe who may serve as an
 1116  alternate member and a method for appointing alternate members,
 1117  who may vote at any M.P.O. meeting that he or she an alternate
 1118  member attends in place of a regular member. The method must
 1119  shall be set forth as a part of the interlocal agreement
 1120  describing the M.P.O. M.P.O.’s membership or in the M.P.O.’s
 1121  operating procedures and bylaws of the M.P.O. The governmental
 1122  entity so designated shall appoint the appropriate number of
 1123  members to the M.P.O. from eligible officials. Representatives
 1124  of the department shall serve as nonvoting advisers to the
 1125  M.P.O. governing board. Additional nonvoting advisers may be
 1126  appointed by the M.P.O. as deemed necessary; however, to the
 1127  maximum extent feasible, each M.P.O. shall seek to appoint
 1128  nonvoting representatives of various multimodal forms of
 1129  transportation not otherwise represented by voting members of
 1130  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1131  representing major military installations located within the
 1132  jurisdictional boundaries of the M.P.O. upon the request of the
 1133  aforesaid major military installations and subject to the
 1134  agreement of the M.P.O. All nonvoting advisers may attend and
 1135  participate fully in governing board meetings but may not vote
 1136  or be members of the governing board. The Governor shall review
 1137  the composition of the M.P.O. membership in conjunction with the
 1138  decennial census as prepared by the United States Department of
 1139  Commerce, Bureau of the Census, and reapportion it as necessary
 1140  to comply with subsection (3).
 1141         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
 1142         (c) The powers and duties of the Metropolitan Planning
 1143  Organization Advisory Council are to:
 1144         1. Enter into contracts with individuals, private
 1145  corporations, and public agencies.
 1146         2. Acquire, own, operate, maintain, sell, or lease personal
 1147  property essential for the conduct of business.
 1148         3. Accept funds, grants, assistance, gifts, or bequests
 1149  from private, local, state, or federal sources.
 1150         4. Establish bylaws by action of its governing board
 1151  providing procedural rules to guide its proceedings and
 1152  consideration of matters before the council, or, alternatively,
 1153  and adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1154  implement provisions of law conferring powers or duties upon it.
 1155         5. Assist M.P.O.s M.P.O.’s in carrying out the urbanized
 1156  area transportation planning process by serving as the principal
 1157  forum for collective policy discussion pursuant to law.
 1158         6. Serve as a clearinghouse for review and comment by
 1159  M.P.O.s M.P.O.’s on the Florida Transportation Plan and on other
 1160  issues required to comply with federal or state law in carrying
 1161  out the urbanized area transportation and systematic planning
 1162  processes instituted pursuant to s. 339.155.
 1163         7. Employ an executive director and such other staff as
 1164  necessary to perform adequately the functions of the council,
 1165  within budgetary limitations. The executive director and staff
 1166  are exempt from part II of chapter 110 and serve at the
 1167  direction and control of the council. The council is assigned to
 1168  the Office of the Secretary of the Department of Transportation
 1169  for fiscal and accountability purposes, but it shall otherwise
 1170  function independently of the control and direction of the
 1171  department.
 1172         8. Adopt an agency strategic plan that prioritizes steps
 1173  provides the priority directions the agency will take to carry
 1174  out its mission within the context of the state comprehensive
 1175  plan and any other statutory mandates and directives directions
 1176  given to the agency.
 1177         Section 20. Paragraph (a) of subsection (1) and subsections
 1178  (4) and (5) of section 339.2821, Florida Statutes, are amended
 1179  to read:
 1180         339.2821 Economic development transportation projects.—
 1181         (1)(a) The department, in consultation with the Department
 1182  of Economic Opportunity and Enterprise Florida, Inc., may make
 1183  and approve expenditures and contract with the appropriate
 1184  governmental body for the direct costs of transportation
 1185  projects. The Department of Economic Opportunity and the
 1186  Department of Environmental Protection may formally review and
 1187  comment on recommended transportation projects, although the
 1188  department has final approval authority for any project
 1189  authorized under this section.
 1190         (4) A contract between the department and a governmental
 1191  body for a transportation project must:
 1192         (a) Specify that the transportation project is for the
 1193  construction of a new or expanding business and specify the
 1194  number of full-time permanent jobs that will result from the
 1195  project.
 1196         (b) Identify the governmental body and require that the
 1197  governmental body award the construction of the particular
 1198  transportation project to the lowest and best bidder in
 1199  accordance with applicable state and federal statutes or rules
 1200  unless the transportation project can be constructed using
 1201  existing local governmental employees within the contract period
 1202  specified by the department.
 1203         (c) Require that the governmental body provide the
 1204  department with quarterly progress reports. Each quarterly
 1205  progress report must contain:
 1206         1. A narrative description of the work completed and
 1207  whether the work is proceeding according to the transportation
 1208  project schedule;
 1209         2. A description of each change order executed by the
 1210  governmental body;
 1211         3. A budget summary detailing planned expenditures compared
 1212  to actual expenditures; and
 1213         4. The identity of each small or minority business used as
 1214  a contractor or subcontractor.
 1215         (d) Require that the governmental body make and maintain
 1216  records in accordance with accepted governmental accounting
 1217  principles and practices for each progress payment made for work
 1218  performed in connection with the transportation project, each
 1219  change order executed by the governmental body, and each payment
 1220  made pursuant to a change order. The records are subject to
 1221  financial audit as required by law.
 1222         (e) Require that the governmental body, upon completion and
 1223  acceptance of the transportation project, certify to the
 1224  department that the transportation project has been completed in
 1225  compliance with the terms and conditions of the contract between
 1226  the department and the governmental body and meets the minimum
 1227  construction standards established in accordance with s.
 1228  336.045.
 1229         (f) Specify that the department transfer funds will not be
 1230  transferred to the governmental body unless construction has
 1231  begun on the facility of the not more often than quarterly, upon
 1232  receipt of a request for funds from the governmental body and
 1233  consistent with the needs of the transportation project. The
 1234  governmental body shall expend funds received from the
 1235  department in a timely manner. The department may not transfer
 1236  funds unless construction has begun on the facility of a
 1237  business on whose behalf the award was made. The grant award
 1238  shall be terminated if construction of the transportation
 1239  project does not begin within 4 years after the date of the
 1240  initial grant award A contract totaling less than $200,000 is
 1241  exempt from the transfer requirement.
 1242         (g) Require that funds be used only on a transportation
 1243  project that has been properly reviewed and approved in
 1244  accordance with the criteria provided set forth in this section.
 1245         (h) Require that the governing board of the governmental
 1246  body adopt a resolution accepting future maintenance and other
 1247  attendant costs occurring after completion of the transportation
 1248  project if the transportation project is constructed on a county
 1249  or municipal system.
 1250         (5) For purposes of this section, Space Florida may serve
 1251  as the governmental body or as the contracting agency for a
 1252  transportation project within a spaceport territory as defined
 1253  by s. 331.304.
 1254         Section 21. Subsection (5) of section 526.141, Florida
 1255  Statutes, is amended to read:
 1256         526.141 Self-service gasoline stations; attendants;
 1257  regulations.—
 1258         (5)(a) Every full-service gasoline station offering self
 1259  service at a lesser cost shall require an attendant employed by
 1260  the station to dispense gasoline from the self-service portion
 1261  of the station to any motor vehicle properly displaying an
 1262  exemption parking permit as provided in s. 316.1958 or s.
 1263  320.0848 or a license plate issued pursuant to s. 320.084, s.
 1264  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
 1265  such permit has been issued is the operator of the vehicle and
 1266  such service is requested. Such stations shall prominently
 1267  display a decal no larger than 8 square inches on the front of
 1268  all self-service pumps clearly stating the requirements of this
 1269  subsection and the penalties applicable to violations of this
 1270  subsection. The Department of Agriculture and Consumer Services
 1271  shall enforce this requirement.
 1272         (b) By July 1, 2016, a full-service gasoline station
 1273  offering self-service at a lesser cost shall prominently
 1274  display, in addition to the decal required under paragraph (a),
 1275  a decal that is blue, is at least 15 square inches in size, and
 1276  clearly displays the international symbol of accessibility shown
 1277  in s. 320.0842, the telephone number of the station, and the
 1278  words “Call for Assistance.” The Department of Agriculture and
 1279  Consumer Services shall adopt rules to implement and enforce
 1280  this paragraph. This paragraph preempts and supersedes local
 1281  government laws and regulations pertaining to the provision of
 1282  fueling assistance by a self-service gasoline station to a motor
 1283  vehicle operator described in paragraph (a).
 1284         (c)(b) Violation of paragraph (a) is a misdemeanor of the
 1285  second degree, punishable as provided in s. 775.082 or s.
 1286  775.083.
 1287         Section 22. Section 2 of chapter 85-364, Laws of Florida,
 1288  as amended by section 2 of chapter 95-382, Laws of Florida, is
 1289  amended to read:
 1290         Section 2. All tolls collected shall first be used first
 1291  for the payment of annual operating and maintenance costs and
 1292  second to discharge the current bond indebtedness related to the
 1293  Pinellas Bayway. Thereafter, tolls collected shall be used to
 1294  establish a reserve construction account to be used, together
 1295  with interest earned thereon, by the department for the
 1296  construction of Blind Pass Road, State Road 699 improvements,
 1297  and for Phase II of the Pinellas Bayway improvements. A portion
 1298  of the tolls collected shall first be used specifically for the
 1299  construction of the Blind Pass Road improvements, which
 1300  improvements consist of widening to four lanes the Blind Pass
 1301  Road, State Road 699, from 75th Avenue north to the approach of
 1302  the Blind Pass Bridge, including necessary right-of-way
 1303  acquisition along said portion of Blind Pass Road, and
 1304  intersection improvements at 75th Avenue and Blind Pass Road in
 1305  Pinellas County. Said improvements shall be included in the
 1306  department’s current 5-year work program. Upon completion of the
 1307  Blind Pass Road improvements, the tolls collected shall be used,
 1308  together with interest earned thereon, by the department for
 1309  Phase II of the Pinellas Bayway improvements consists, which
 1310  improvements consist of widening to four lanes the Pinellas
 1311  Bayway from State Road 679 west to Gulf Boulevard, including
 1312  necessary approaches, bridges, and avenues of access. Upon
 1313  completion of the Phase II improvements, the department shall
 1314  continue to collect tolls on the Pinellas Bayway for purposes of
 1315  reimbursing the department for all accrued maintenance costs for
 1316  the Pinellas Bayway.
 1317         Section 23. The Department of Highway Safety and Motor
 1318  Vehicles is directed to develop a plan of action that addresses
 1319  motor vehicle registration holds placed pursuant to ss.
 1320  316.1001, 316.1967, and 318.15, Florida Statutes, for
 1321  presentation to the Legislature by February 1, 2015. The plan
 1322  must, at a minimum, include a methodology for applicants whose
 1323  names have been placed on the list of persons who may not be
 1324  issued a license plate or revalidation sticker under s.
 1325  320.03(8), Florida Statutes, to rectify the cause of the hold
 1326  through the payment of any outstanding toll, parking ticket,
 1327  fine, and any other fee at the point of collection of the
 1328  registration fee.
 1329         Section 24. This act shall take effect July 1, 2014.