Florida Senate - 2014                      CS for CS for SB 1272
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senator Brandes
       
       
       
       
       576-04566-14                                          20141272c2
    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; creating s. 322.032, F.S.; requiring the
   79         Department of Highway Safety and Motor Vehicles to
   80         begin to review and prepare for the development of a
   81         system for issuing an optional digital proof of driver
   82         license; authorizing the Department of Highway Safety
   83         and Motor Vehicles to contract with private entities
   84         to develop the system; providing requirements for
   85         digital proof of driver license; providing criminal
   86         penalties for manufacturing or possessing a false
   87         digital proof of driver license; amending s. 322.055,
   88         F.S.; reducing the mandatory period of revocation or
   89         suspension of, or delay in eligibility for, a driver
   90         license for persons convicted of certain drug
   91         offenses; requiring the court to make a determination
   92         as to whether a restricted license would be
   93         appropriate for persons convicted of certain drug
   94         offenses; amending s. 322.058, F.S.; requiring the
   95         Department of Highway Safety and Motor Vehicles to
   96         reinstate the driving privilege and allow registration
   97         of a motor vehicle of a child support obligor upon
   98         receipt of an affidavit containing specified
   99         information; amending s. 322.059, F.S.; requiring the
  100         Department of Highway Safety and Motor Vehicles to
  101         invalidate the digital proof of driver license for a
  102         person whose license or registration has been
  103         suspended; amending s. 322.12, F.S.; requiring that
  104         certain test fees incurred by certain applicants for a
  105         driver license be retained by the tax collector;
  106         amending s. 322.141, F.S.; revising requirements for
  107         special markings on driver licenses and state
  108         identification cards for persons designated as sexual
  109         predators or subject to registration as sexual
  110         offenders to include persons so designated or subject
  111         to registration under the laws of another
  112         jurisdiction; amending s. 322.15, F.S.; authorizing a
  113         digital proof of driver license to be accepted in lieu
  114         of a physical driver license; amending s. 322.21,
  115         F.S.; authorizing certain tax collectors to retain a
  116         replacement driver license or identification card fee
  117         under certain circumstances; exempting certain
  118         individuals who are homeless or whose annual income is
  119         at or below a certain percentage of the federal
  120         poverty level from paying a fee for an original,
  121         renewal, or replacement identification card; amending
  122         s. 337.25, F.S.; authorizing the Department of
  123         Transportation to use auction services in the
  124         conveyance of certain property or leasehold interests;
  125         revising certain inventory requirements; revising
  126         provisions relating to, and providing criteria for,
  127         the disposition of certain excess property by the
  128         Department of Transportation; providing criteria for
  129         the disposition of donated property, property used for
  130         a public purpose, or property acquired to provide
  131         replacement housing for certain displaced persons;
  132         providing value offsets for property that requires
  133         significant maintenance costs or exposes the
  134         Department of Transportation to significant liability;
  135         providing procedures for the sale of property to
  136         abutting property owners; deleting provisions to
  137         conform to changes made by the act; providing monetary
  138         restrictions and criteria for the conveyance of
  139         certain leasehold interests; providing exceptions to
  140         restrictions for leases entered into for a public
  141         purpose; providing criteria for the preparation of
  142         estimates of value prepared by the Department of
  143         Transportation; providing that the requirements of s.
  144         73.013, F.S., relating to eminent domain are not
  145         modified; amending s. 337.251, F.S.; revising criteria
  146         for leasing certain Department of Transportation
  147         property; increasing the time for the Department of
  148         Transportation to accept proposals for lease after a
  149         notice is published; directing the Department of
  150         Transportation to establish an application fee by
  151         rule; providing criteria for the fee; providing
  152         criteria for a proposed lease; requiring the
  153         Department of Transportation to provide an independent
  154         analysis of a proposed lease; amending s. 339.175,
  155         F.S.; increasing the maximum number of apportioned
  156         members that may compose the voting membership of a
  157         metropolitan planning organization (M.P.O.); providing
  158         that the governing board of a multicounty M.P.O. may
  159         be made up of any combination of county commissioners
  160         from the counties constituting the M.P.O; providing
  161         that a voting member of an M.P.O may represent a group
  162         of general-purpose local governments through an entity
  163         created by the M.P.O.; requiring each M.P.O. to review
  164         and reapportion its membership as necessary in
  165         conjunction with the decennial census, the agreement
  166         of the affected units of the M.P.O., and the agreement
  167         of the Governor; removing provisions requiring the
  168         Governor to apportion, review, and reapportion the
  169         composition of an M.P.O. membership; revising a
  170         provision regarding bylaws to allow the M.P.O.
  171         governing board to establish bylaws; amending s.
  172         339.2821, F.S.; authorizing Enterprise Florida, Inc.,
  173         to be a consultant to the Department of Transportation
  174         for consideration of expenditures associated with and
  175         contracts for transportation projects; revising the
  176         requirements for economic development transportation
  177         project contracts between the Department of
  178         Transportation and a governmental entity; amending s.
  179         526.141, F.S.; requiring full-service gasoline
  180         stations offering self-service at a lesser cost to
  181         display an additional decal; requiring the decal to
  182         contain certain information; requiring the Department
  183         of Agriculture and Consumer Services to adopt rules to
  184         implement and enforce this requirement; providing an
  185         exception for certain county or municipal regulations
  186         pertaining to fueling assistance for certain motor
  187         vehicle operators; amending s. 562.11, F.S.;
  188         authorizing the court to direct the Department of
  189         Highway Safety and Motor Vehicles to issue a
  190         restricted driver license to certain persons; amending
  191         s. 812.0155, F.S.; deleting a provision requiring the
  192         suspension of the driver license of a person
  193         adjudicated guilty of certain offenses; authorizing
  194         the court to direct the Department of Highway Safety
  195         and Motor Vehicles to issue a restricted driver
  196         license to certain persons; amending s. 832.09, F.S.;
  197         providing that the suspension of a driver license of a
  198         person being prosecuted for passing a worthless check
  199         is discretionary; amending chapter 85-364, Laws of
  200         Florida, as amended; providing that maintenance costs
  201         are eligible for payment from certain toll revenues as
  202         specified; removing references to certain completed
  203         projects; directing the Department of Highway Safety
  204         and Motor Vehicles to develop a plan that addresses
  205         certain vehicle registration holds; providing an
  206         appropriation; providing an effective date.
  207          
  208  Be It Enacted by the Legislature of the State of Florida:
  209  
  210         Section 1. Paragraph (b) of subsection (2) and subsection
  211  (3) of section 20.23, Florida Statutes, are amended to read:
  212         20.23 Department of Transportation.—There is created a
  213  Department of Transportation which shall be a decentralized
  214  agency.
  215         (2)
  216         (b) The commission shall have the primary functions to:
  217         1. Recommend major transportation policies for the
  218  Governor’s approval, and assure that approved policies and any
  219  revisions thereto are properly executed.
  220         2. Periodically review the status of the state
  221  transportation system including highway, transit, rail, seaport,
  222  intermodal development, and aviation components of the system
  223  and recommend improvements therein to the Governor and the
  224  Legislature.
  225         3. Perform an in-depth evaluation of the annual department
  226  budget request, the Florida Transportation Plan, and the
  227  tentative work program for compliance with all applicable laws
  228  and established departmental policies. Except as specifically
  229  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  230  not consider individual construction projects, but shall
  231  consider methods of accomplishing the goals of the department in
  232  the most effective, efficient, and businesslike manner.
  233         4. Monitor the financial status of the department on a
  234  regular basis to assure that the department is managing revenue
  235  and bond proceeds responsibly and in accordance with law and
  236  established policy.
  237         5. Monitor on at least a quarterly basis, the efficiency,
  238  productivity, and management of the department, using
  239  performance and production standards developed by the commission
  240  pursuant to s. 334.045.
  241         6. Perform an in-depth evaluation of the factors causing
  242  disruption of project schedules in the adopted work program and
  243  recommend to the Governor Legislature and the Legislature
  244  Governor methods to eliminate or reduce the disruptive effects
  245  of these factors.
  246         7. Recommend to the Governor and the Legislature
  247  improvements to the department’s organization in order to
  248  streamline and optimize the efficiency of the department. In
  249  reviewing the department’s organization, the commission shall
  250  determine if the current district organizational structure is
  251  responsive to this state’s Florida’s changing economic and
  252  demographic development patterns. The initial report by the
  253  commission must be delivered to the Governor and the Legislature
  254  by December 15, 2000, and each year thereafter, as appropriate.
  255  The commission may retain such experts as are reasonably
  256  necessary to carry out effectuate this subparagraph, and the
  257  department shall pay the expenses of the such experts.
  258         8. Monitor the efficiency, productivity, and management of
  259  the authorities created under chapters 348 and 349, including
  260  any authority formed using the provisions of part I of chapter
  261  348; the Mid-Bay Bridge Authority re-created pursuant to chapter
  262  2000-411, Laws of Florida; and any authority formed under
  263  chapter 343 which is not monitored under subsection (3). The
  264  commission shall also conduct periodic reviews of each
  265  authority’s operations and budget, acquisition of property,
  266  management of revenue and bond proceeds, and compliance with
  267  applicable laws and generally accepted accounting principles.
  268         (3) There is created the Florida Statewide Passenger Rail
  269  Commission.
  270         (a)1. The commission shall consist of nine voting members
  271  appointed as follows:
  272         a. Three members shall be appointed by the Governor, one of
  273  whom must have a background in the area of environmental
  274  concerns, one of whom must have a legislative background, and
  275  one of whom must have a general business background.
  276         b. Three members shall be appointed by the President of the
  277  Senate, one of whom must have a background in civil engineering,
  278  one of whom must have a background in transportation
  279  construction, and one of whom must have a general business
  280  background.
  281         c. Three members shall be appointed by the Speaker of the
  282  House of Representatives, one of whom must have a legal
  283  background, one of whom must have a background in financial
  284  matters, and one of whom must have a general business
  285  background.
  286         2. The initial term of each member appointed by the
  287  Governor shall be for 4 years. The initial term of each member
  288  appointed by the President of the Senate shall be for 3 years.
  289  The initial term of each member appointed by the Speaker of the
  290  House of Representatives shall be for 2 years. Succeeding terms
  291  for all members shall be for 4 years.
  292         3. A vacancy occurring during a term shall be filled by the
  293  respective appointing authority in the same manner as the
  294  original appointment and only for the balance of the unexpired
  295  term. An appointment to fill a vacancy shall be made within 60
  296  days after the occurrence of the vacancy.
  297         4. The commission shall elect one of its members as chair
  298  of the commission. The chair shall hold office at the will of
  299  the commission. Five members of the commission shall constitute
  300  a quorum, and the vote of five members shall be necessary for
  301  any action taken by the commission. The commission may meet upon
  302  the constitution of a quorum. A vacancy in the commission does
  303  not impair the right of a quorum to exercise all rights and
  304  perform all duties of the commission.
  305         5. The members of the commission are not entitled to
  306  compensation but are entitled to reimbursement for travel and
  307  other necessary expenses as provided in s. 112.061.
  308         (b) The commission shall have the primary functions of:
  309         1. Monitoring the efficiency, productivity, and management
  310  of all publicly funded passenger rail systems in the state,
  311  including, but not limited to, any authority created under
  312  chapter 343, chapter 349, or chapter 163 if the authority
  313  receives public funds for the provision of passenger rail
  314  service. The commission shall advise each monitored authority of
  315  its findings and recommendations. The commission shall also
  316  conduct periodic reviews of each monitored authority’s passenger
  317  rail and associated transit operations and budget, acquisition
  318  of property, management of revenue and bond proceeds, and
  319  compliance with applicable laws and generally accepted
  320  accounting principles. The commission may seek the assistance of
  321  the Auditor General in conducting such reviews and shall report
  322  the findings of such reviews to the Legislature. This paragraph
  323  does not preclude the Florida Transportation Commission from
  324  conducting its performance and work program monitoring
  325  responsibilities.
  326         2. Advising the department on policies and strategies used
  327  in planning, designing, building, operating, financing, and
  328  maintaining a coordinated statewide system of passenger rail
  329  services.
  330         3. Evaluating passenger rail policies and providing advice
  331  and recommendations to the Legislature on passenger rail
  332  operations in the state.
  333         (c) The commission or a member of the commission may not
  334  enter into the day-to-day operation of the department or a
  335  monitored authority and is specifically prohibited from taking
  336  part in:
  337         1. The awarding of contracts.
  338         2. The selection of a consultant or contractor or the
  339  prequalification of any individual consultant or contractor.
  340  However, the commission may recommend to the secretary standards
  341  and policies governing the procedure for selection and
  342  prequalification of consultants and contractors.
  343         3. The selection of a route for a specific project.
  344         4. The specific location of a transportation facility.
  345         5. The acquisition of rights-of-way.
  346         6. The employment, promotion, demotion, suspension,
  347  transfer, or discharge of any department personnel.
  348         7. The granting, denial, suspension, or revocation of any
  349  license or permit issued by the department.
  350         (d) The commission is assigned to the Office of the
  351  Secretary of the Department of Transportation for administrative
  352  and fiscal accountability purposes, but it shall otherwise
  353  function independently of the control and direction of the
  354  department except that reasonable expenses of the commission
  355  shall be subject to approval by the Secretary of Transportation.
  356  The department shall provide administrative support and service
  357  to the commission.
  358         Section 2. Section 61.13016, Florida Statutes, is amended
  359  to read:
  360         61.13016 Suspension of driver driver’s licenses and motor
  361  vehicle registrations.—
  362         (1) The driver driver’s license and motor vehicle
  363  registration of a support obligor who is delinquent in payment
  364  or who has failed to comply with subpoenas or a similar order to
  365  appear or show cause relating to paternity or support
  366  proceedings may be suspended. When an obligor is 15 days
  367  delinquent making a payment in support or failure to comply with
  368  a subpoena, order to appear, order to show cause, or similar
  369  order in IV-D cases, the Title IV-D agency may provide notice to
  370  the obligor of the delinquency or failure to comply with a
  371  subpoena, order to appear, order to show cause, or similar order
  372  and the intent to suspend by regular United States mail that is
  373  posted to the obligor’s last address of record with the
  374  Department of Highway Safety and Motor Vehicles. When an obligor
  375  is 15 days delinquent in making a payment in support in non-IV-D
  376  cases, and upon the request of the obligee, the depository or
  377  the clerk of the court must provide notice to the obligor of the
  378  delinquency and the intent to suspend by regular United States
  379  mail that is posted to the obligor’s last address of record with
  380  the Department of Highway Safety and Motor Vehicles. In either
  381  case, the notice must state:
  382         (a) The terms of the order creating the support obligation;
  383         (b) The period of the delinquency and the total amount of
  384  the delinquency as of the date of the notice or describe the
  385  subpoena, order to appear, order to show cause, or other similar
  386  order that which has not been complied with;
  387         (c) That notification will be given to the Department of
  388  Highway Safety and Motor Vehicles to suspend the obligor’s
  389  driver driver’s license and motor vehicle registration unless,
  390  within 20 days after the date that the notice is mailed, the
  391  obligor:
  392         1.a. Pays the delinquency in full and any other costs and
  393  fees accrued between the date of the notice and the date the
  394  delinquency is paid;
  395         b. Enters into a written agreement for payment with the
  396  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
  397  cases; or in IV-D cases, complies with a subpoena or order to
  398  appear, order to show cause, or a similar order; or
  399         c. Files a petition with the circuit court to contest the
  400  delinquency action; and
  401         d. Demonstrates that he or she receives reemployment
  402  assistance or unemployment compensation pursuant to chapter 443;
  403         e. Demonstrates that he or she is disabled and incapable of
  404  self-support or that he or she receives benefits under the
  405  federal Supplemental Security Income or Social Security
  406  Disability Insurance programs;
  407         f. Demonstrates that he or she receives temporary cash
  408  assistance pursuant to chapter 414; or
  409         g. Demonstrates that he or she is making payments in
  410  accordance with a confirmed bankruptcy plan under chapter 11,
  411  chapter 12, or chapter 13 of the United States Bankruptcy Code,
  412  11 U.S.C. ss. 101 et seq.; and
  413         2. Pays any applicable delinquency fees.
  414  
  415  If an the obligor in a non-IV-D case cases enters into a written
  416  agreement for payment before the expiration of the 20-day
  417  period, the obligor must provide a copy of the signed written
  418  agreement to the depository or the clerk of the court. If an
  419  obligor seeks to satisfy sub-subparagraph 1.d., sub-subparagraph
  420  1.e., sub-subparagraph 1.f., or sub-subparagraph 1.g. before
  421  expiration of the 20-day period, the obligor must provide the
  422  applicable documentation or proof to the depository or the clerk
  423  of the court.
  424         (2)(a) Upon petition filed by the obligor in the circuit
  425  court within 20 days after the mailing date of the notice, the
  426  court may, in its discretion, direct the department to issue a
  427  license for driving privilege privileges restricted to business
  428  purposes only, as defined by s. 322.271, if the person is
  429  otherwise qualified for such a license. As a condition for the
  430  court to exercise its discretion under this subsection, the
  431  obligor must agree to a schedule of payment on any child support
  432  arrearages and to maintain current child support obligations. If
  433  the obligor fails to comply with the schedule of payment, the
  434  court shall direct the Department of Highway Safety and Motor
  435  Vehicles to suspend the obligor’s driver driver’s license.
  436         (b) The obligor must serve a copy of the petition on the
  437  Title IV-D agency in IV-D cases or on the depository or the
  438  clerk of the court in non-IV-D cases. When an obligor timely
  439  files a petition to set aside a suspension, the court must hear
  440  the matter within 15 days after the petition is filed. The court
  441  must enter an order resolving the matter within 10 days after
  442  the hearing, and a copy of the order must be served on the
  443  parties. The timely filing of a petition under this subsection
  444  stays the intent to suspend until the entry of a court order
  445  resolving the matter.
  446         (3) If the obligor does not, within 20 days after the
  447  mailing date on the notice, pay the delinquency;, enter into a
  448  written payment agreement;, comply with the subpoena, order to
  449  appear, order to show cause, or other similar order;, or file a
  450  motion to contest; or satisfy sub-subparagraph (1)(c)1.d., sub
  451  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
  452  subparagraph (1)(c)1.g., the Title IV-D agency in IV-D cases, or
  453  the depository or clerk of the court in non-IV-D cases, may
  454  shall file the notice with the Department of Highway Safety and
  455  Motor Vehicles and request the suspension of the obligor’s
  456  driver driver’s license and motor vehicle registration in
  457  accordance with s. 322.058.
  458         (4) The obligor may, within 20 days after the mailing date
  459  on the notice of delinquency or noncompliance and intent to
  460  suspend, file in the circuit court a petition to contest the
  461  notice of delinquency or noncompliance and intent to suspend on
  462  the ground of mistake of fact regarding the existence of a
  463  delinquency or the identity of the obligor. The obligor must
  464  serve a copy of the petition on the Title IV-D agency in IV-D
  465  cases or depository or clerk of the court in non-IV-D cases.
  466  When an obligor timely files a petition to contest, the court
  467  must hear the matter within 15 days after the petition is filed.
  468  The court must enter an order resolving the matter within 10
  469  days after the hearing, and a copy of the order must be served
  470  on the parties. The timely filing of a petition to contest stays
  471  the notice of delinquency and intent to suspend until the entry
  472  of a court order resolving the matter.
  473         (5) The procedures prescribed in this section and s.
  474  322.058 may be used to enforce compliance with an order to
  475  appear for genetic testing.
  476         Section 3. Paragraphs (j), (m), and (q) of subsection (2)
  477  of section 110.205, Florida Statutes, are amended to read:
  478         110.205 Career service; exemptions.—
  479         (2) EXEMPT POSITIONS.—The exempt positions that are not
  480  covered by this part include the following:
  481         (j) The appointed secretaries and the State Surgeon
  482  General, assistant secretaries, deputy secretaries, and deputy
  483  assistant secretaries of all departments; the executive
  484  directors, assistant executive directors, deputy executive
  485  directors, and deputy assistant executive directors of all
  486  departments; the directors of all divisions and those positions
  487  determined by the department to have managerial responsibilities
  488  comparable to such positions, which positions include, but are
  489  not limited to, program directors, assistant program directors,
  490  district administrators, deputy district administrators, the
  491  Director of Central Operations Services of the Department of
  492  Children and Families Family Services, the State Transportation
  493  Development Administrator, the State Public Transportation and
  494  Modal Administrator, district secretaries, district directors of
  495  transportation development, transportation operations,
  496  transportation support, and the managers of the offices of the
  497  Department of Transportation specified in s. 20.23(3)(b) s.
  498  20.23(4)(b), of the Department of Transportation. Unless
  499  otherwise fixed by law, the department shall set the salary and
  500  benefits of these positions in accordance with the rules of the
  501  Senior Management Service; and the positions of county health
  502  department directors and county health department administrators
  503  of the Department of Health in accordance with the rules of the
  504  Senior Management Service.
  505         (m) All assistant division director, deputy division
  506  director, and bureau chief positions in any department, and
  507  those positions determined by the department to have managerial
  508  responsibilities comparable to such positions, which include,
  509  but are not limited to:
  510         1. Positions in the Department of Health and the Department
  511  of Children and Families which Family Services that are assigned
  512  primary duties of serving as the superintendent or assistant
  513  superintendent of an institution.
  514         2. Positions in the Department of Corrections which that
  515  are assigned primary duties of serving as the warden, assistant
  516  warden, colonel, or major of an institution or that are assigned
  517  primary duties of serving as the circuit administrator or deputy
  518  circuit administrator.
  519         3. Positions in the Department of Transportation which that
  520  are assigned primary duties of serving as regional toll managers
  521  and managers of offices, as specified defined in s. 20.23(3)(b)
  522  and (4)(c) s. 20.23(4)(b) and (5)(c).
  523         4. Positions in the Department of Environmental Protection
  524  which that are assigned the duty of an Environmental
  525  Administrator or program administrator.
  526         5. Positions in the Department of Health which that are
  527  assigned the duties of Environmental Administrator, Assistant
  528  County Health Department Director, and County Health Department
  529  Financial Administrator.
  530         6. Positions in the Department of Highway Safety and Motor
  531  Vehicles which that are assigned primary duties of serving as
  532  captains in the Florida Highway Patrol.
  533  
  534  Unless otherwise fixed by law, the department shall set the
  535  salary and benefits of the positions listed in this paragraph in
  536  accordance with the rules established for the Selected Exempt
  537  Service.
  538         (q) The staff directors, assistant staff directors,
  539  district program managers, district program coordinators,
  540  district subdistrict administrators, district administrative
  541  services directors, district attorneys, and the Deputy Director
  542  of Central Operations Services of the Department of Children and
  543  Families Family Services. Unless otherwise fixed by law, the
  544  department shall establish the salary pay band and benefits for
  545  these positions in accordance with the rules of the Selected
  546  Exempt Service.
  547         Section 4. Section 316.0778, Florida Statutes, is created
  548  to read:
  549         316.0778 Automated license plate recognition systems;
  550  records retention.—
  551         (1) As used in this section, the term “automated license
  552  plate recognition system” means a system of one or more mobile
  553  or fixed high-speed cameras combined with computer algorithms to
  554  convert images of license plates into computer-readable data.
  555         (2) In consultation with the Department of Law Enforcement,
  556  the Department of State shall establish a retention schedule for
  557  records containing images and data generated through the use of
  558  an automated license plate recognition system. The retention
  559  schedule must establish a maximum period that the records may be
  560  retained.
  561         Section 5. Section 316.0817, Florida Statutes, is created
  562  to read:
  563         316.0817 Loading and unloading of bus passengers.—
  564         (1) Notwithstanding any other law, a bus may not stop to
  565  load or unload passengers in a manner that impedes, blocks, or
  566  otherwise restricts the progression of traffic on the main
  567  traveled portion of a roadway if there is another reasonable
  568  means for the bus to stop parallel to the travel lane and safely
  569  load and unload passengers. As used in this section, the term
  570  “reasonable means” means sufficient unobstructed pavement or a
  571  designated turn lane that is sufficient in length to allow the
  572  safe loading and unloading of passengers parallel to the travel
  573  lane.
  574         (2) This section does not apply to a school bus.
  575         Section 6. Paragraph (d) is added to subsection (2) of
  576  section 316.1975, Florida Statutes, to read:
  577         316.1975 Unattended motor vehicle.—
  578         (2) This section does not apply to the operator of:
  579         (d) A vehicle that is started by remote control while the
  580  ignition, transmission, and doors are locked.
  581         Section 7. Paragraph (d) of subsection (2) of section
  582  316.2952, Florida Statutes, is amended to read:
  583         316.2952 Windshields; requirements; restrictions.—
  584         (2) A person shall not operate any motor vehicle on any
  585  public highway, road, or street with any sign, sunscreening
  586  material, product, or covering attached to, or located in or
  587  upon, the windshield, except the following:
  588         (d) A global positioning system device or similar satellite
  589  receiver device that which uses the global positioning system
  590  operated pursuant to 10 U.S.C. s. 2281 to obtain for the purpose
  591  of obtaining navigation, to improve driver safety as a component
  592  of safety monitoring equipment capable of providing driver
  593  feedback, or to otherwise route routing information while the
  594  motor vehicle is being operated.
  595         Section 8. Subsections (1) and (3) of section 316.86,
  596  Florida Statutes, are amended to read:
  597         316.86 Operation of vehicles equipped with autonomous
  598  technology on roads for testing purposes; financial
  599  responsibility; exemption from liability for manufacturer when
  600  third party converts vehicle; report.—
  601         (1) Vehicles equipped with autonomous technology may be
  602  operated on roads in this state by employees, contractors, or
  603  other persons designated by manufacturers of autonomous
  604  technology, or by research organizations associated with
  605  accredited educational institutions, for the purpose of testing
  606  the technology. For testing purposes, a human operator must
  607  retain shall be present in the autonomous vehicle such that he
  608  or she has the ability to monitor the vehicle’s performance and
  609  intervene, if necessary, unless the vehicle is being tested or
  610  demonstrated on a closed course or any other autonomous vehicle
  611  testing roadway as designated by the Department of
  612  Transportation and the applicable local government or authority.
  613  Before Prior to the start of testing in this state, the entity
  614  performing the testing must submit to the Department of Highway
  615  Safety and Motor Vehicles an instrument of insurance, surety
  616  bond, or proof of self-insurance acceptable to the department in
  617  the amount of $5 million.
  618         (3) By February 12, 2014, the Department of Highway Safety
  619  and Motor Vehicles shall submit a report to the President of the
  620  Senate and the Speaker of the House of Representatives
  621  recommending additional legislative or regulatory action that
  622  may be required for the safe testing and operation of motor
  623  vehicles equipped with autonomous technology.
  624         Section 9. Subsection (17) of section 320.02, Florida
  625  Statutes, is amended to read:
  626         320.02 Registration required; application for registration;
  627  forms.—
  628         (17) If an any applicant’s name appears on a list of
  629  persons who may not be issued a license plate, revalidation
  630  sticker, or replacement license plate after a written notice to
  631  surrender a vehicle was submitted to the department by a lienor
  632  as provided in s. 320.1316, the department shall may withhold
  633  renewal of registration or replacement registration of the any
  634  motor vehicle identified in owned by the applicant at the time
  635  the notice was submitted by the lienor. The lienor must maintain
  636  proof that written notice to surrender the vehicle was sent to
  637  each registered owner pursuant to s. 320.1316(1). A revalidation
  638  sticker or replacement license plate may not be issued for the
  639  identified vehicle until the that person’s name no longer
  640  appears on the list, or until the person presents documentation
  641  from the lienor that the vehicle has been surrendered to the
  642  lienor, or a court orders the person’s name removed from the
  643  list as provided in s. 320.1316. The department may shall not
  644  withhold an initial registration in connection with an
  645  applicant’s purchase or lease of a motor vehicle solely because
  646  the applicant’s name is on the list created by s. 320.1316.
  647         Section 10. Subsection (10) of section 320.08056, Florida
  648  Statutes, is amended to read:
  649         320.08056 Specialty license plates.—
  650         (10)(a) A specialty license plate annual use fee collected
  651  and distributed under this chapter, or any interest earned from
  652  those fees, may not be used for commercial or for-profit
  653  activities nor for general or administrative expenses, except as
  654  authorized by s. 320.08058 or to pay the cost of the audit or
  655  report required by s. 320.08062(1).
  656         (b) As used in this section and s. 320.08058, the terms
  657  “administrative costs” and “administrative expenses” mean those
  658  expenditures which are considered as direct operating costs of
  659  the organization. These costs include but are not limited to the
  660  following:
  661         1. Administrative salaries of employees and officers of the
  662  organization who do not, or cannot prove, via detailed daily
  663  time sheets, that they actively participate in program
  664  activities;
  665         2. Bookkeeping and support services of the organization;
  666         3. Office supplies and equipment not directly utilized for
  667  the specified program(s);
  668         4. Travel time, per diem, mileage reimbursement, and
  669  lodging expenses not directly associated with a specified
  670  program purpose;
  671         5. Paper, printing, envelopes, and postage not directly
  672  associated with a specified program purpose; or
  673         6. Miscellaneous expenses such as food, beverage,
  674  entertainment, and conventions.
  675         Section 11.  Section 320.08062, Florida Statutes, is
  676  amended to read:
  677         320.08062 Audits and attestations required; annual use fees
  678  of specialty license plates.—
  679         (1)(a) All organizations that receive annual use fee
  680  proceeds from the department are responsible for ensuring that
  681  proceeds are used in accordance with ss. 320.08056 and
  682  320.08058.
  683         (b) Any organization not subject to audit pursuant to s.
  684  215.97 shall annually attest, under penalties of perjury, that
  685  such proceeds were used in compliance with ss. 320.08056 and
  686  320.08058. The attestation shall be made annually in a form and
  687  format determined by the department.
  688         (c) Any organization subject to audit pursuant to s. 215.97
  689  shall submit an audit report in accordance with rules
  690  promulgated by the Auditor General. The annual attestation shall
  691  be submitted to the department for review within 9 months after
  692  the end of the organization’s fiscal year.
  693         (2)(a) Within 120 90 days after receiving an organization’s
  694  audit or attestation, the department shall determine which
  695  recipients of revenues from specialty license plate annual use
  696  fees have not complied with subsection (1). In determining
  697  compliance, the department may commission an independent
  698  actuarial consultant, or an independent certified public
  699  accountant, who has expertise in nonprofit and charitable
  700  organizations.
  701         (a) The department must discontinue the distribution of
  702  revenues to an organization that fails to submit the
  703  documentation required in subsection (1), but may resume
  704  distribution of the revenues upon receipt of the required
  705  documentation.
  706         (b) If the department or its designee determines that an
  707  organization has not complied or has failed to use the revenues
  708  in accordance with ss. 320.08056 and 320.08058, the department
  709  must discontinue the distribution of the revenues to the
  710  organization. The department must notify the organization of its
  711  findings and direct the organization to make the changes
  712  necessary in order to comply with this chapter. If the officers
  713  of the organization sign under penalties of perjury that they
  714  acknowledge the findings of the department and attest that they
  715  have taken corrective action and attest that the organization
  716  will submit to a follow-up review by the department, the
  717  department may resume the distribution of revenues until the
  718  department determines that the organization has complied.
  719         (c) If an organization fails to comply with the
  720  department’s directive requiring corrective actions as outlined
  721  in paragraph (b), the revenue distributions must be discontinued
  722  until completion of the next regular session of the Legislature.
  723  The department must notify the Legislature by the first day of
  724  the regular session of an organization whose revenues have been
  725  withheld pursuant to this paragraph. If the Legislature does not
  726  provide direction to the organization and the department
  727  regarding the status of the undistributed revenues, the
  728  department shall discontinue the plate, and undistributed
  729  revenues must within 12 months after the annual use fee proceeds
  730  are withheld by the department, the proceeds shall be
  731  immediately deposited into the Highway Safety Operating Trust
  732  Fund to offset department costs related to the issuance of
  733  specialty license plates.
  734         (b) In lieu of discontinuing revenue disbursement pursuant
  735  to this subsection, upon determining that a recipient has not
  736  complied or has failed to use the revenues in accordance with
  737  ss. 320.08056 and 320.08058, and with the approval of the
  738  Legislative Budget Commission, the department is authorized to
  739  redirect previously collected and future revenues to an
  740  organization that is able to perform the same or similar
  741  purposes as the original recipient.
  742         (3) The department or its designee has the authority to
  743  examine all records pertaining to the use of funds from the sale
  744  of specialty license plates.
  745         Section 12. Section 45 of chapter 2008-176, Laws of
  746  Florida, as amended by section 21 of chapter 2010-223, Laws of
  747  Florida, is amended to read:
  748         Section 45. Except for a specialty license plate proposal
  749  which has submitted a letter of intent to the Department of
  750  Highway Safety and Motor Vehicles before prior to May 2, 2008,
  751  and which has submitted a valid survey, marketing strategy, and
  752  application fee as required by s. 320.08053, Florida Statutes,
  753  before October 1, 2008 prior to the effective date of this act,
  754  or which was included in a bill filed during the 2008
  755  Legislative Session, the Department of Highway Safety and Motor
  756  Vehicles may not issue any new specialty license plates pursuant
  757  to ss. 320.08056 and 320.08058, Florida Statutes, between July
  758  1, 2008, and July 1, 2016 2011.
  759         Section 13. Subsection (1) of section 320.083, Florida
  760  Statutes, is amended to read:
  761         320.083 Amateur radio operators; special license plates;
  762  fees.—
  763         (1) A person who is the owner or lessee of an automobile or
  764  truck for private use, a truck weighing not more than 7,999
  765  pounds, or a recreational vehicle as specified in s.
  766  320.08(9)(c) or (d), which is not used for hire or commercial
  767  use; who is a resident of the state; and who holds a valid
  768  official amateur radio station license recognized issued by the
  769  Federal Communications Commission shall be issued a special
  770  license plate upon application, accompanied by proof of
  771  ownership of such radio station license, and payment of the
  772  following tax and fees:
  773         (a) The license tax required for the vehicle, as prescribed
  774  by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), (c), (d),
  775  (e), or (f), or (9); and
  776         (b) An initial additional fee of $5, and an additional fee
  777  of $1.50 thereafter.
  778         Section 14. Section 320.1316, Florida Statutes, is amended
  779  to read:
  780         320.1316 Failure to surrender vehicle or vessel.—
  781         (1) Upon receipt from a lienor who claims a lien on a
  782  vehicle pursuant to s. 319.27 by the Department of Highway
  783  Safety and Motor Vehicles of written notice to surrender a
  784  vehicle or vessel that has been disposed of, concealed, removed,
  785  or destroyed by the lienee, the department shall place the name
  786  of the registered owner of that vehicle on the list of those
  787  persons who may not be issued a license plate, revalidation
  788  sticker, or replacement license plate for any motor vehicle
  789  under s. 320.03(8) owned by the lienee at the time the notice
  790  was given by the lienor. Pursuant to s. 320.03(8), the
  791  department may not issue a license plate or revalidation sticker
  792  for the vehicle or vessel owned by the lienee which is
  793  identified in the claim by the lienor. If the vehicle is owned
  794  jointly by more than one person, the name of each registered
  795  owner shall be placed on the list.
  796         (2) The notice to surrender the vehicle shall be signed
  797  under oath by the lienor and submitted on forms developed by the
  798  department, which must include:
  799         (a) The name, address, and telephone number of the lienor.
  800         (b) The name of the registered owner of the vehicle and the
  801  address to which the lienor provided notice to surrender the
  802  vehicle to the registered owner.
  803         (c) A general description of the vehicle, including its
  804  color, make, model, body style, and year.
  805         (d) The vehicle identification number, registration license
  806  plate number, if known, or other identification number, as
  807  applicable.
  808         (3) The registered owner of the vehicle may dispute a
  809  notice to surrender the vehicle or his or her inclusion on the
  810  list of those persons who may not be issued a license plate,
  811  revalidation sticker, or replacement license plate under s.
  812  320.03(8) by bringing a civil action in the county in which he
  813  or she resides by notifying the department of the dispute in
  814  writing on forms provided by the department and presenting proof
  815  that the vehicle was sold to a motor vehicle dealer licensed
  816  under s. 320.27, a mobile home dealer licensed under s. 320.77,
  817  or a recreational vehicle dealer licensed under s. 320.771.
  818         (4) In an action brought pursuant to subsection (3), the
  819  petitioner is entitled to the summary procedure specified in s.
  820  51.011, and the court shall advance the cause on its calendar if
  821  requested by the petitioner.
  822         (5) At a hearing challenging the refusal to issue a license
  823  plate, revalidation sticker, or replacement license plate under
  824  s. 320.03(8), the court shall first determine whether the lienor
  825  has a recorded lien on the vehicle or vessel and whether the
  826  lienor properly made a demand for the surrender of the vehicle
  827  or vessel in accordance with this section. If the court
  828  determines that the lien was recorded and that such a demand was
  829  properly made, the court shall determine whether good cause
  830  exists for the lienee’s failure to surrender the vehicle or
  831  vessel. As used in this section, the term “good cause” is
  832  limited to proof that:
  833         (a) The vehicle that was the subject of the demand for
  834  surrender was traded in to a licensed motor vehicle dealer
  835  before the date of the surrender demand;
  836         (b) The lien giving rise to the inclusion on the list has
  837  been paid in full or otherwise satisfied;
  838         (c) There is ongoing litigation relating to the validity or
  839  enforceability of the lien;
  840         (d) The petitioner was in compliance with all of his or her
  841  contractual obligations with the lienholder at the time of the
  842  demand for surrender;
  843         (e) The vehicle or vessel was reported to law enforcement
  844  as stolen by the registered owner of the vehicle or vessel
  845  before the demand for surrender; or
  846         (f) The petitioner no longer has possession of the vehicle
  847  or vessel, and the loss of possession occurred pursuant to
  848  operation of law. If the petitioner’s loss of possession did not
  849  occur pursuant to operation of law, the fact that a third party
  850  has physical possession of the vehicle or vessel does not
  851  constitute good cause for the failure to surrender the vehicle
  852  or vessel.
  853         (6) If the petitioner establishes good cause for his or her
  854  failure to surrender the vehicle or vessel, the court shall
  855  enter an order removing the petitioner’s name from the list of
  856  those persons who may not be issued a license plate,
  857  revalidation sticker, or replacement license plate under s.
  858  320.03(8) and shall award the petitioner reasonable attorney
  859  fees and costs actually incurred for the proceeding.
  860         (7) If the court finds that the demand for surrender was
  861  properly made by the lienor and the petitioner fails to
  862  establish good cause for the failure to surrender the vehicle or
  863  vessel, the court shall award the lienor reasonable attorney
  864  fees and costs actually incurred for the proceeding.
  865         Section 15. Section 322.032, Florida Statutes, is created
  866  to read:
  867         322.032 Digital proof of driver license.—
  868         (1) The department shall begin to review and prepare for
  869  the development of a secure and uniform system for issuing an
  870  optional digital proof of driver license. The department may
  871  contract with one or more private entities to develop a digital
  872  proof of driver license system.
  873         (2) The digital proof of driver license developed by the
  874  department or by an entity contracted by the department must be
  875  in such a format as to allow law enforcement to verify the
  876  authenticity of the digital proof of driver license. The
  877  department may promulgate rules to ensure valid authentication
  878  of digital driver licenses by law enforcement.
  879         (3) A person may not be issued a digital proof of driver
  880  license until he or she has satisfied all the requirements of
  881  this chapter and has received a physical driver license as
  882  provided in this chapter.
  883         (4) A person who:
  884         (a) Manufactures a false digital proof of driver license
  885  commits a felony of the third degree, punishable as provided in
  886  s. 775.082, s. 775.083, or s. 775.084.
  887         (b) Possesses a false digital proof of driver license
  888  commits a misdemeanor of the second degree, punishable as
  889  provided in s. 775.082.
  890         Section 16. Section 322.055, Florida Statutes, is amended
  891  to read:
  892         322.055 Revocation or suspension of, or delay of
  893  eligibility for, driver driver’s license for persons 18 years of
  894  age or older convicted of certain drug offenses.—
  895         (1) Notwithstanding the provisions of s. 322.28, upon the
  896  conviction of a person 18 years of age or older for possession
  897  or sale of, trafficking in, or conspiracy to possess, sell, or
  898  traffic in a controlled substance, the court shall direct the
  899  department to revoke the driver driver’s license or driving
  900  privilege of the person. The period of such revocation shall be
  901  1 year 2 years or until the person is evaluated for and, if
  902  deemed necessary by the evaluating agency, completes a drug
  903  treatment and rehabilitation program approved or regulated by
  904  the Department of Children and Families Family Services.
  905  However, the court may, in its sound discretion, direct the
  906  department to issue a license for driving privilege privileges
  907  restricted to business or employment purposes only, as defined
  908  by s. 322.271, if the person is otherwise qualified for such a
  909  license. A driver whose license or driving privilege has been
  910  suspended or revoked under this section or s. 322.056 may, upon
  911  the expiration of 6 months, petition the department for
  912  restoration of the driving privilege on a restricted or
  913  unrestricted basis depending on length of suspension or
  914  revocation. In no case shall a restricted license be available
  915  until 6 months of the suspension or revocation period has
  916  expired.
  917         (2) If a person 18 years of age or older is convicted for
  918  the possession or sale of, trafficking in, or conspiracy to
  919  possess, sell, or traffic in a controlled substance and such
  920  person is eligible by reason of age for a driver driver’s
  921  license or privilege, the court shall direct the department to
  922  withhold issuance of such person’s driver driver’s license or
  923  driving privilege for a period of 1 year 2 years after the date
  924  the person was convicted or until the person is evaluated for
  925  and, if deemed necessary by the evaluating agency, completes a
  926  drug treatment and rehabilitation program approved or regulated
  927  by the Department of Children and Families Family Services.
  928  However, the court may, in its sound discretion, direct the
  929  department to issue a license for driving privilege privileges
  930  restricted to business or employment purposes only, as defined
  931  by s. 322.271, if the person is otherwise qualified for such a
  932  license. A driver whose license or driving privilege has been
  933  suspended or revoked under this section or s. 322.056 may, upon
  934  the expiration of 6 months, petition the department for
  935  restoration of the driving privilege on a restricted or
  936  unrestricted basis depending on the length of suspension or
  937  revocation. In no case shall a restricted license be available
  938  until 6 months of the suspension or revocation period has
  939  expired.
  940         (3) If a person 18 years of age or older is convicted for
  941  the possession or sale of, trafficking in, or conspiracy to
  942  possess, sell, or traffic in a controlled substance and such
  943  person’s driver driver’s license or driving privilege is already
  944  under suspension or revocation for any reason, the court shall
  945  direct the department to extend the period of such suspension or
  946  revocation by an additional period of 1 year 2 years or until
  947  the person is evaluated for and, if deemed necessary by the
  948  evaluating agency, completes a drug treatment and rehabilitation
  949  program approved or regulated by the Department of Children and
  950  Families Family Services. However, the court may, in its sound
  951  discretion, direct the department to issue a license for driving
  952  privilege privileges restricted to business or employment
  953  purposes only, as defined by s. 322.271, if the person is
  954  otherwise qualified for such a license. A driver whose license
  955  or driving privilege has been suspended or revoked under this
  956  section or s. 322.056 may, upon the expiration of 6 months,
  957  petition the department for restoration of the driving privilege
  958  on a restricted or unrestricted basis depending on the length of
  959  suspension or revocation. In no case shall a restricted license
  960  be available until 6 months of the suspension or revocation
  961  period has expired.
  962         (4) If a person 18 years of age or older is convicted for
  963  the possession or sale of, trafficking in, or conspiracy to
  964  possess, sell, or traffic in a controlled substance and such
  965  person is ineligible by reason of age for a driver driver’s
  966  license or driving privilege, the court shall direct the
  967  department to withhold issuance of such person’s driver driver’s
  968  license or driving privilege for a period of 1 year 2 years
  969  after the date that he or she would otherwise have become
  970  eligible or until he or she becomes eligible by reason of age
  971  for a driver driver’s license and is evaluated for and, if
  972  deemed necessary by the evaluating agency, completes a drug
  973  treatment and rehabilitation program approved or regulated by
  974  the Department of Children and Families Family Services.
  975  However, the court may, in its sound discretion, direct the
  976  department to issue a license for driving privilege privileges
  977  restricted to business or employment purposes only, as defined
  978  by s. 322.271, if the person is otherwise qualified for such a
  979  license. A driver whose license or driving privilege has been
  980  suspended or revoked under this section or s. 322.056 may, upon
  981  the expiration of 6 months, petition the department for
  982  restoration of the driving privilege on a restricted or
  983  unrestricted basis depending on the length of suspension or
  984  revocation. In no case shall a restricted license be available
  985  until 6 months of the suspension or revocation period has
  986  expired.
  987         (5) A court that orders the revocation or suspension of, or
  988  delay in eligibility for, a driver license pursuant to this
  989  section shall make a specific, articulated determination as to
  990  whether the issuance of a license for driving privilege
  991  restricted to business purposes only, as defined in s. 322.271,
  992  is appropriate in each case.
  993         (6)(5) Each clerk of court shall promptly report to the
  994  department each conviction for the possession or sale of,
  995  trafficking in, or conspiracy to possess, sell, or traffic in a
  996  controlled substance.
  997         Section 17. Section 322.058, Florida Statutes, is amended
  998  to read:
  999         322.058 Suspension of driving privilege privileges due to
 1000  support delinquency; reinstatement.—
 1001         (1) When the department receives notice from the Title IV-D
 1002  agency or depository or the clerk of the court that any person
 1003  licensed to operate a motor vehicle in the State of Florida
 1004  under the provisions of this chapter has a delinquent support
 1005  obligation or has failed to comply with a subpoena, order to
 1006  appear, order to show cause, or similar order, the department
 1007  shall suspend the driver driver’s license of the person named in
 1008  the notice and the registration of all motor vehicles owned by
 1009  that person.
 1010         (2) The department must reinstate the driving privilege and
 1011  allow registration of a motor vehicle when the Title IV-D agency
 1012  in IV-D cases or the depository or the clerk of the court in
 1013  non-IV-D cases provides to the department an affidavit stating
 1014  that:
 1015         (a) The person has paid the delinquency;
 1016         (b) The person has reached a written agreement for payment
 1017  with the Title IV-D agency or the obligee in non-IV-D cases;
 1018         (c) A court has entered an order granting relief to the
 1019  obligor ordering the reinstatement of the license and motor
 1020  vehicle registration; or
 1021         (d) The person has complied with the subpoena, order to
 1022  appear, order to show cause, or similar order;
 1023         (e) The person receives reemployment assistance or
 1024  unemployment compensation pursuant to chapter 443;
 1025         (f) The person is disabled and incapable of self-support or
 1026  receives benefits under the federal Supplemental Security Income
 1027  or Social Security Disability Insurance programs;
 1028         (g) The person receives temporary cash assistance pursuant
 1029  to chapter 414; or
 1030         (h) The person is making payments in accordance with a
 1031  confirmed bankruptcy plan under chapter 11, chapter 12, or
 1032  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
 1033  101 et seq.
 1034         (3) The department shall not be held liable for any license
 1035  or vehicle registration suspension resulting from the discharge
 1036  of its duties under this section.
 1037         (4) This section applies only to the annual renewal in the
 1038  owner’s birth month of a motor vehicle registration and does not
 1039  apply to the transfer of a registration of a motor vehicle sold
 1040  by a motor vehicle dealer licensed under chapter 320, except for
 1041  the transfer of registrations which includes the annual
 1042  renewals. This section does not affect the issuance of the title
 1043  to a motor vehicle, notwithstanding s. 319.23(8)(b).
 1044         Section 18. Section 322.059, Florida Statutes, is amended
 1045  to read:
 1046         322.059 Mandatory surrender of suspended driver driver’s
 1047  license and registration.—A Any person whose driver driver’s
 1048  license or registration has been suspended as provided in s.
 1049  322.058 must immediately return his or her driver driver’s
 1050  license and registration to the Department of Highway Safety and
 1051  Motor Vehicles. The department shall invalidate the digital
 1052  proof of driver license issued pursuant to s. 322.032 for such
 1053  person. If such person fails to return his or her driver
 1054  driver’s license or registration, a any law enforcement agent
 1055  may seize the license or registration while the driver driver’s
 1056  license or registration is suspended.
 1057         Section 19. Subsection (1) of section 322.12, Florida
 1058  Statutes, is amended to read:
 1059         322.12 Examination of applicants.—
 1060         (1) It is the intent of the Legislature that each every
 1061  applicant for an original driver driver’s license in this state
 1062  be required to pass an examination pursuant to this section.
 1063  However, the department may waive the knowledge, endorsement,
 1064  and skills tests for an applicant who is otherwise qualified and
 1065  who surrenders a valid driver driver’s license from another
 1066  state or a province of Canada, or a valid driver driver’s
 1067  license issued by the United States Armed Forces, if the driver
 1068  applies for a Florida license of an equal or lesser
 1069  classification. An Any applicant who:
 1070         (a)Who Fails to pass the initial knowledge test incurs a
 1071  $10 fee for each subsequent test. Of the $10 fee, $6 shall be
 1072  retained by the tax collector if the knowledge test is conducted
 1073  by the tax collector, and the remaining $4 shall, to be
 1074  deposited into the Highway Safety Operating Trust Fund. All
 1075  knowledge test fees incurred by an applicant taking the
 1076  knowledge test with a third-party provider or administered at a
 1077  state facility shall be deposited into the Highway Safety
 1078  Operating Trust Fund. Any applicant
 1079         (b)Who Fails to pass the initial skills test incurs a $20
 1080  fee for each subsequent test. Of the $20 fee, $15 shall be
 1081  retained by the tax collector if the skills test is conducted by
 1082  the tax collector, and the remaining $5 shall, to be deposited
 1083  into the Highway Safety Operating Trust Fund. All skills test
 1084  fees incurred by an applicant taking the skills test with a
 1085  third-party provider or administered at a state facility shall
 1086  be deposited into the Highway Safety Operating Trust Fund. A
 1087  person who
 1088         (c) Seeks to retain a hazardous-materials endorsement,
 1089  pursuant to s. 322.57(1)(d), must pass the hazardous-materials
 1090  test, upon surrendering his or her commercial driver driver’s
 1091  license, if the person has not taken and passed the hazardous
 1092  materials test within 2 years before applying for a commercial
 1093  driver driver’s license in this state.
 1094         Section 20. Subsection (3) of section 322.141, Florida
 1095  Statutes, is amended to read:
 1096         322.141 Color or markings of certain licenses or
 1097  identification cards.—
 1098         (3) All licenses for the operation of motor vehicles or
 1099  identification cards originally issued or reissued by the
 1100  department to persons who are designated as sexual predators
 1101  under s. 775.21, or subject to registration as sexual offenders
 1102  under s. 943.0435 or s. 944.607, or who have a similar
 1103  designation or are subject to a similar registration under the
 1104  laws of another jurisdiction, shall have on the front of the
 1105  license or identification card the following:
 1106         (a) For a person designated as a sexual predator under s.
 1107  775.21 or who has a similar designation under the laws of
 1108  another jurisdiction, the marking “SEXUAL PREDATOR. “775.21,
 1109  F.S.”
 1110         (b) For a person subject to registration as a sexual
 1111  offender under s. 943.0435 or s. 944.607 or subject to a similar
 1112  registration under the laws of another jurisdiction, the marking
 1113  “943.0435, F.S.”
 1114         Section 21. Subsection (1) of section 322.15, Florida
 1115  Statutes, is amended to read:
 1116         322.15 License to be carried and exhibited on demand;
 1117  fingerprint to be imprinted upon a citation.—
 1118         (1) Every licensee shall have his or her driver driver’s
 1119  license, which must be fully legible with no portion of such
 1120  license faded, altered, mutilated, or defaced, in his or her
 1121  immediate possession at all times when operating a motor vehicle
 1122  and shall display the same upon the demand of a law enforcement
 1123  officer or an authorized representative of the department. A
 1124  licensee may display digital proof of driver license as provided
 1125  in s. 322.032 in lieu of a physical driver license.
 1126         Section 22. Paragraphs (e) and (f) of subsection (1) of
 1127  section 322.21, Florida Statutes, are amended to read:
 1128         322.21 License fees; procedure for handling and collecting
 1129  fees.—
 1130         (1) Except as otherwise provided herein, the fee for:
 1131         (e) A replacement driver license issued pursuant to s.
 1132  322.17 is $25. Of this amount, $7 shall be deposited into the
 1133  Highway Safety Operating Trust Fund or retained by the tax
 1134  collector if issued by a tax collector that has completed the
 1135  transition of driver licensing services, and $18 shall be
 1136  deposited into the General Revenue Fund. Beginning July 1, 2015,
 1137  or upon completion of the transition of driver license issuance
 1138  services, if the replacement driver license is issued by the tax
 1139  collector, the tax collector shall retain the $7 that would
 1140  otherwise be deposited into the Highway Safety Operating Trust
 1141  Fund and the remaining revenues shall be deposited into the
 1142  General Revenue Fund.
 1143         (f) An original, renewal, or replacement identification
 1144  card issued pursuant to s. 322.051 is $25, except that an
 1145  applicant who presents evidence satisfactory to the department
 1146  that he or she is homeless as defined in s. 414.0252(7) or his
 1147  or her annual income is at or below 100 percent of the federal
 1148  poverty level is exempt from such fee. Funds collected from
 1149  these fees for original, renewal, or replacement identification
 1150  cards shall be distributed as follows:
 1151         1. For an original identification card issued pursuant to
 1152  s. 322.051, the fee is $25. This amount shall be deposited into
 1153  the General Revenue Fund.
 1154         2. For a renewal identification card issued pursuant to s.
 1155  322.051 the fee is $25. Of this amount, $6 shall be deposited
 1156  into the Highway Safety Operating Trust Fund, and $19 shall be
 1157  deposited into the General Revenue Fund.
 1158         3. For a replacement identification card issued pursuant to
 1159  s. 322.051, the fee is $25. Of this amount, $9 shall be
 1160  deposited into the Highway Safety Operating Trust Fund or
 1161  retained by the tax collector if issued by a tax collector that
 1162  has completed the transition of driver licensing services, and
 1163  $16 shall be deposited into the General Revenue Fund. Beginning
 1164  July 1, 2015, or upon completion of the transition of the driver
 1165  license issuance services, if the replacement identification
 1166  card is issued by the tax collector, the tax collector shall
 1167  retain the $9 that would otherwise be deposited into the Highway
 1168  Safety Operating Trust Fund and the remaining revenues shall be
 1169  deposited into the General Revenue Fund.
 1170         Section 23. Section 337.25, Florida Statutes, is amended to
 1171  read:
 1172         337.25 Acquisition, lease, and disposal of real and
 1173  personal property.—
 1174         (1)(a) The department may purchase, lease, exchange, or
 1175  otherwise acquire any land, property interests, or buildings, or
 1176  other improvements, including personal property within such
 1177  buildings or on such lands, necessary to secure or use utilize
 1178  transportation rights-of-way for existing, proposed, or
 1179  anticipated transportation facilities on the State Highway
 1180  System, on the State Park Road System, in a rail corridor, or in
 1181  a transportation corridor designated by the department. Such
 1182  property shall be held in the name of the state.
 1183         (b) The department may accept donations of any land, or
 1184  buildings, or other improvements, including personal property
 1185  within such buildings or on such lands with or without such
 1186  conditions, reservations, or reverter provisions as are
 1187  acceptable to the department. Such donations may be used as
 1188  transportation rights-of-way or to secure or use utilize
 1189  transportation rights-of-way for existing, proposed, or
 1190  anticipated transportation facilities on the State Highway
 1191  System, on the State Park Road System, or in a transportation
 1192  corridor designated by the department.
 1193         (c) If When lands, buildings, or other improvements are
 1194  needed for transportation purposes, but are held by a federal,
 1195  state, or local governmental entity and used utilized for public
 1196  purposes other than transportation, the department may
 1197  compensate the entity for such properties by providing
 1198  functionally equivalent replacement facilities. The provision
 1199  providing of replacement facilities under this subsection may
 1200  only be undertaken with the agreement of the governmental entity
 1201  affected.
 1202         (d) The department may contract pursuant to s. 287.055 for
 1203  auction services used in the conveyance of real or personal
 1204  property or the conveyance of leasehold interests under
 1205  subsections (4) and (5). The contract may allow for the
 1206  contractor to retain a portion of the proceeds as compensation
 1207  for the contractor’s services.
 1208         (2) A complete inventory shall be made of all real or
 1209  personal property immediately upon possession or acquisition.
 1210  Such inventory must shall include an itemized listing of all
 1211  appliances, fixtures, and other severable items; a statement of
 1212  the location or site of each piece of realty, structure, or
 1213  severable item; and the serial number assigned to each. Copies
 1214  of each inventory shall be filed in the district office in which
 1215  the property is located. Such inventory shall be carried forward
 1216  to show the final disposition of each item of property, both
 1217  real and personal.
 1218         (3) The inventory of real property that which was acquired
 1219  by the state after December 31, 1988, that which has been owned
 1220  by the state for 10 or more years, and that which is not within
 1221  a transportation corridor or within the right-of-way of a
 1222  transportation facility shall be evaluated to determine the
 1223  necessity for retaining the property. If the property is not
 1224  needed for the construction, operation, and maintenance of a
 1225  transportation facility, or is not located within a
 1226  transportation corridor, the department may dispose of the
 1227  property pursuant to subsection (4).
 1228         (4) The department may convey sell, in the name of the
 1229  state, any land, building, or other property, real or personal,
 1230  which was acquired under the provisions of subsection (1) and
 1231  which the department has determined is not needed for the
 1232  construction, operation, and maintenance of a transportation
 1233  facility. With the exception of any parcel governed by paragraph
 1234  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
 1235  (i), the department shall afford first right of refusal to the
 1236  local government in the jurisdiction of which the parcel is
 1237  situated. When such a determination has been made, property may
 1238  be disposed of through negotiations, sealed competitive bids,
 1239  auctions, or any other means the department deems to be in its
 1240  best interest, with due advertisement for property valued by the
 1241  department at greater than $10,000. A sale may not occur at a
 1242  price less than the department’s current estimate of value,
 1243  except as provided in paragraphs (a)-(d). The department may
 1244  afford a right of first refusal to the local government or other
 1245  political subdivision in the jurisdiction in which the parcel is
 1246  situated, except in a conveyance transacted under paragraph (a),
 1247  paragraph (c), or paragraph (e). in the following manner:
 1248         (a) If the value of the property has been donated to the
 1249  state for transportation purposes and a transportation facility
 1250  has not been constructed for at least 5 years, plans have not
 1251  been prepared for the construction of such facility, and the
 1252  property is not located in a transportation corridor, the
 1253  governmental entity may authorize reconveyance of the donated
 1254  property for no consideration to the original donor or the
 1255  donor’s heirs, successors, assigns, or representatives is
 1256  $10,000 or less as determined by department estimate, the
 1257  department may negotiate the sale.
 1258         (b) If the value of the property is to be used for a public
 1259  purpose, the property may be conveyed without consideration to a
 1260  governmental entity exceeds $10,000 as determined by department
 1261  estimate, such property may be sold to the highest bidder
 1262  through receipt of sealed competitive bids, after due
 1263  advertisement, or by public auction held at the site of the
 1264  improvement which is being sold.
 1265         (c) If the property was originally acquired specifically to
 1266  provide replacement housing for persons displaced by
 1267  transportation projects, the department may negotiate for the
 1268  sale of such property as replacement housing. As compensation,
 1269  the state shall receive at least its investment in such property
 1270  or the department’s current estimate of value, whichever is
 1271  lower. It is expressly intended that this benefit be extended
 1272  only to persons actually displaced by the project. Dispositions
 1273  to any other person must be for at least the department’s
 1274  current estimate of value, in the discretion of the department,
 1275  public sale would be inequitable, properties may be sold by
 1276  negotiation to the owner holding title to the property abutting
 1277  the property to be sold, provided such sale is at a negotiated
 1278  price not less than fair market value as determined by an
 1279  independent appraisal, the cost of which shall be paid by the
 1280  owner of the abutting land. If negotiations do not result in the
 1281  sale of the property to the owner of the abutting land and the
 1282  property is sold to someone else, the cost of the independent
 1283  appraisal shall be borne by the purchaser; and the owner of the
 1284  abutting land shall have the cost of the appraisal refunded to
 1285  him or her. If, however, no purchase takes place, the owner of
 1286  the abutting land shall forfeit the sum paid by him or her for
 1287  the independent appraisal. If, due to action of the department,
 1288  the property is removed from eligibility for sale, the cost of
 1289  any appraisal prepared shall be refunded to the owner of the
 1290  abutting land.
 1291         (d) If the department determines that the property requires
 1292  significant costs to be incurred or that continued ownership of
 1293  the property exposes the department to significant liability
 1294  risks, the department may use the projected maintenance costs
 1295  over the next 10 years to offset the property’s value in
 1296  establishing a value for disposal of the property, even if that
 1297  value is zero property acquired for use as a borrow pit is no
 1298  longer needed, the department may sell such property to the
 1299  owner of the parcel of abutting land from which the borrow pit
 1300  was originally acquired, provided the sale is at a negotiated
 1301  price not less than fair market value as determined by an
 1302  independent appraisal, the cost of which shall be paid by the
 1303  owner of such abutting land.
 1304         (e) If, at the discretion of the department, a sale to a
 1305  person other than an abutting property owner would be
 1306  inequitable, the property may be sold to the abutting owner for
 1307  the department’s current estimate of value the department begins
 1308  the process for disposing of the property on its own initiative,
 1309  either by negotiation under the provisions of paragraph (a),
 1310  paragraph (c), paragraph (d), or paragraph (i), or by receipt of
 1311  sealed competitive bids or public auction under the provisions
 1312  of paragraph (b) or paragraph (i), a department staff appraiser
 1313  may determine the fair market value of the property by an
 1314  appraisal.
 1315         (f) Any property which was acquired by a county or by the
 1316  department using constitutional gas tax funds for the purpose of
 1317  a right-of-way or borrow pit for a road on the State Highway
 1318  System, State Park Road System, or county road system and which
 1319  is no longer used or needed by the department may be conveyed
 1320  without consideration to that county. The county may then sell
 1321  such surplus property upon receipt of competitive bids in the
 1322  same manner prescribed in this section.
 1323         (g) If a property has been donated to the state for
 1324  transportation purposes and the facility has not been
 1325  constructed for a period of at least 5 years and no plans have
 1326  been prepared for the construction of such facility and the
 1327  property is not located in a transportation corridor, the
 1328  governmental entity may authorize reconveyance of the donated
 1329  property for no consideration to the original donor or the
 1330  donor’s heirs, successors, assigns, or representatives.
 1331         (h) If property is to be used for a public purpose, the
 1332  property may be conveyed without consideration to a governmental
 1333  entity.
 1334         (i) If property was originally acquired specifically to
 1335  provide replacement housing for persons displaced by
 1336  transportation projects, the department may negotiate for the
 1337  sale of such property as replacement housing. As compensation,
 1338  the state shall receive no less than its investment in such
 1339  properties or fair market value, whichever is lower. It is
 1340  expressly intended that this benefit be extended only to those
 1341  persons actually displaced by such project. Dispositions to any
 1342  other persons must be for fair market value.
 1343         (j) If the department determines that the property will
 1344  require significant costs to be incurred or that continued
 1345  ownership of the property exposes the department to significant
 1346  liability risks, the department may use the projected
 1347  maintenance costs over the next 5 years to offset the market
 1348  value in establishing a value for disposal of the property, even
 1349  if that value is zero.
 1350         (5) The department may convey a leasehold interest for
 1351  commercial or other purposes, in the name of the state, to any
 1352  land, building, or other property, real or personal, which was
 1353  acquired under the provisions of subsection (1). However, a
 1354  lease may not be entered into at a price less than the
 1355  department’s current estimate of value. The department’s
 1356  estimate of value shall be prepared in accordance with
 1357  department procedures, guidelines, and rules for valuation of
 1358  real property, the cost of which shall be paid by the party
 1359  seeking the lease of the property.
 1360         (a) A lease may be through negotiations, sealed competitive
 1361  bids, auctions, or any other means the department deems to be in
 1362  its best interest The department may negotiate such a lease at
 1363  the prevailing market value with the owner from whom the
 1364  property was acquired; with the holders of leasehold estates
 1365  existing at the time of the department’s acquisition; or, if
 1366  public bidding would be inequitable, with the owner holding
 1367  title to privately owned abutting property, if reasonable notice
 1368  is provided to all other owners of abutting property. The
 1369  department may allow an outdoor advertising sign to remain on
 1370  the property acquired, or be relocated on department property,
 1371  and such sign is shall not be considered a nonconforming sign
 1372  pursuant to chapter 479.
 1373         (b) If, at the discretion of the department, a lease to a
 1374  person other than an abutting property owner or tenant with a
 1375  leasehold interest in the abutting property would be
 1376  inequitable, the property may be leased to the abutting owner or
 1377  tenant for at least the department’s current estimate of value
 1378  All other leases shall be by competitive bid.
 1379         (c) A No lease signed pursuant to paragraph (a) may not or
 1380  paragraph (b) shall be for a period of more than 5 years;
 1381  however, the department may renegotiate or extend such a lease
 1382  for an additional term of 5 years as the department deems
 1383  appropriate without rebidding.
 1384         (d) Each lease shall provide that, unless otherwise
 1385  directed by the lessor, any improvements made to the property
 1386  during the term of the lease shall be removed at the lessee’s
 1387  expense.
 1388         (e) If property is to be used for a public purpose,
 1389  including a fair, art show, or other educational, cultural, or
 1390  fundraising activity, the property may be leased without
 1391  consideration to a governmental entity or school board. A lease
 1392  for a public purpose is exempt from the term limits in paragraph
 1393  (c).
 1394         (f) Paragraphs (c) and (e) (d) do not apply to leases
 1395  entered into pursuant to s. 260.0161(3), except as provided in
 1396  such a lease.
 1397         (g) A No lease executed under this subsection may not be
 1398  used utilized by the lessee to establish the 4 years’ standing
 1399  required under by s. 73.071(3)(b) if the business had not been
 1400  established for the specified number of 4 years on the date
 1401  title passed to the department.
 1402         (h) The department may enter into a long-term lease without
 1403  compensation with a public port listed in s. 403.021(9)(b) for
 1404  rail corridors used for the operation of a short-line railroad
 1405  to the port.
 1406         (6) Nothing in This chapter does not prevent prevents the
 1407  joint use of right-of-way for alternative modes of
 1408  transportation if; provided that the joint use does not impair
 1409  the integrity and safety of the transportation facility.
 1410         (7) The department shall prepare the estimate of value
 1411  provided under subsection (4) in accordance with department
 1412  procedures, guidelines, and rules for valuation of real
 1413  property. If the value of the property is greater than $50,000,
 1414  as determined by the department estimate, the sale must be at a
 1415  negotiated price of at least the estimate of value as determined
 1416  by an appraisal prepared in accordance with department
 1417  procedures, guidelines, and rules for valuation of real
 1418  property, the cost of which shall be paid by the party seeking
 1419  the purchase of the property. If the estimated value is $50,000
 1420  or less, the department may use a department staff appraiser or
 1421  obtain an independent appraisal required by paragraphs (4)(c)
 1422  and (d) shall be prepared in accordance with department
 1423  guidelines and rules by an independent appraiser who has been
 1424  certified by the department. If federal funds were used in the
 1425  acquisition of the property, the appraisal shall also be subject
 1426  to the approval of the Federal Highway Administration.
 1427         (8) As used in this section, the term A “due advertisement”
 1428  means under this section is an advertisement in a newspaper of
 1429  general circulation in the area of the improvements of at least
 1430  not less than 14 calendar days before prior to the date of the
 1431  receipt of bids or the date on which a public auction is to be
 1432  held.
 1433         (9) The department, with the approval of the Chief
 1434  Financial Officer, may is authorized to disburse state funds for
 1435  real estate closings in a manner consistent with good business
 1436  practices and in a manner minimizing costs and risks to the
 1437  state.
 1438         (10) The department may is authorized to purchase title
 1439  insurance if in those instances where it determines is
 1440  determined that such insurance is necessary to protect the
 1441  public’s investment in property being acquired for
 1442  transportation purposes. The department shall adopt procedures
 1443  to be followed in making the determination to purchase title
 1444  insurance for a particular parcel or group of parcels which, at
 1445  a minimum, shall specify set forth criteria that which the
 1446  parcels must meet.
 1447         (11) This section does not modify the requirements of s.
 1448  73.013.
 1449         Section 24. Subsection (2) of section 337.251, Florida
 1450  Statutes, is amended, present subsections (3) through (10) of
 1451  that section are redesignated as subsections (4) through (11),
 1452  respectively, and a new subsection (3) is added to that section,
 1453  to read:
 1454         337.251 Lease of property for joint public-private
 1455  development and areas above or below department property.—
 1456         (2) The department may request proposals for the lease of
 1457  such property or, if the department receives a proposal for to
 1458  negotiate a lease of a particular department property which it
 1459  desires to consider, the department it shall publish a notice in
 1460  a newspaper of general circulation at least once a week for 2
 1461  weeks, stating that it has received the proposal and will
 1462  accept, for 60 days after the date of publication, other
 1463  proposals for lease of such property for 120 days after the date
 1464  of publication use of the space. A copy of the notice must be
 1465  mailed to each local government in the affected area. The
 1466  department shall establish by rule an application fee for the
 1467  submission of proposals pursuant to this section. The fee must
 1468  be sufficient to pay the anticipated costs of evaluating the
 1469  proposals. The department may engage the services of private
 1470  consultants to assist in the evaluations. Before approval, the
 1471  department shall determine that the proposed lease:
 1472         (a) Is in the public’s best interest;
 1473         (b) Does not require that state funds be used; and
 1474         (c) Has adequate safeguards in place to ensure that
 1475  additional costs are not borne and service disruptions are not
 1476  experienced by the traveling public and residents of the state
 1477  in the event of default by the private lessee or upon
 1478  termination or expiration of the lease.
 1479         (3) The department shall provide an independent analysis of
 1480  a proposed lease which demonstrates the cost-effectiveness and
 1481  overall public benefit at the following times:
 1482         (a) Before moving forward with the procurement; and
 1483         (b) Before awarding the contract if the procurement moves
 1484  forward.
 1485         Section 25. Paragraphs (a) and (b) of subsection (3),
 1486  paragraph (a) of subsection (4), and paragraph (c) of subsection
 1487  (11) of section 339.175, Florida Statutes, are amended to read:
 1488         339.175 Metropolitan planning organization.—
 1489         (3) VOTING MEMBERSHIP.—
 1490         (a) The voting membership of an M.P.O. shall consist of at
 1491  least not fewer than 5 but not or more than 25 19 apportioned
 1492  members, with the exact number to be determined on an equitable
 1493  geographic-population ratio basis by the Governor, based on an
 1494  agreement among the affected units of general-purpose local
 1495  government and the Governor, as required by federal rules and
 1496  regulations. The Governor, In accordance with 23 U.S.C. s. 134,
 1497  the Governor may also allow provide for M.P.O. members who
 1498  represent municipalities to alternate with representatives from
 1499  other municipalities within the metropolitan planning area which
 1500  that do not have members on the M.P.O. With the exception of
 1501  instances in which all of the county commissioners in a single
 1502  county M.P.O. are members of the M.P.O. governing board, county
 1503  commissioners commission members shall compose at least not less
 1504  than one-third of the M.P.O. governing board membership. A
 1505  multicounty M.P.O. may satisfy this requirement by any
 1506  combination of county commissioners from each of the counties
 1507  constituting the M.P.O., except for an M.P.O. with more than 15
 1508  members located in a county with a 5-member county commission or
 1509  an M.P.O. with 19 members located in a county with no more than
 1510  6 county commissioners, in which case county commission members
 1511  may compose less than one-third percent of the M.P.O.
 1512  membership, but all county commissioners must be members. All
 1513  Voting members shall be elected officials of general-purpose
 1514  local governments, one of whom may represent a group of general
 1515  purpose local governments through an entity created by an M.P.O.
 1516  for that purpose. except that An M.P.O. may include, as part of
 1517  its apportioned voting members, a member of a statutorily
 1518  authorized planning board, an official of an agency that
 1519  operates or administers a major mode of transportation, or an
 1520  official of Space Florida. As used in this section, the term
 1521  “elected officials of a general-purpose local government”
 1522  excludes shall exclude constitutional officers, including
 1523  sheriffs, tax collectors, supervisors of elections, property
 1524  appraisers, clerks of the court, and similar types of officials.
 1525  County commissioners shall compose not less than 20 percent of
 1526  the M.P.O. membership if an official of an agency that operates
 1527  or administers a major mode of transportation has been appointed
 1528  to an M.P.O.
 1529         (b) In metropolitan areas in which authorities or other
 1530  agencies have been or may be created by law to perform
 1531  transportation functions and are or will be performing
 1532  transportation functions that are not under the jurisdiction of
 1533  a general-purpose local government represented on the M.P.O.,
 1534  such authorities or other agencies may they shall be provided
 1535  voting membership on the M.P.O. In all other M.P.O.s in which
 1536  M.P.O.’s where transportation authorities or agencies are to be
 1537  represented by elected officials from general-purpose local
 1538  governments, the M.P.O. shall establish a process by which the
 1539  collective interests of such authorities or other agencies are
 1540  expressed and conveyed.
 1541         (4) APPORTIONMENT.—
 1542         (a) Each M.P.O. shall review the composition of its
 1543  membership in conjunction with the decennial census, as prepared
 1544  by the United States Department of Commerce, Bureau of the
 1545  Census, and with the agreement of the Governor and the affected
 1546  general-purpose local government units that constitute the
 1547  existing M.P.O., reapportion the membership as necessary to
 1548  comply with subsection (3) The Governor shall, with the
 1549  agreement of the affected units of general-purpose local
 1550  government as required by federal rules and regulations,
 1551  apportion the membership on the applicable M.P.O. among the
 1552  various governmental entities within the area. At the request of
 1553  a majority of the affected units of general-purpose local
 1554  government comprising an M.P.O., the Governor and a majority of
 1555  units of general-purpose local government serving on an M.P.O.
 1556  shall cooperatively agree upon and prescribe who may serve as an
 1557  alternate member and a method for appointing alternate members,
 1558  who may vote at any M.P.O. meeting that he or she an alternate
 1559  member attends in place of a regular member. The method must
 1560  shall be set forth as a part of the interlocal agreement
 1561  describing the M.P.O. M.P.O.’s membership or in the M.P.O.’s
 1562  operating procedures and bylaws of the M.P.O. The governmental
 1563  entity so designated shall appoint the appropriate number of
 1564  members to the M.P.O. from eligible officials. Representatives
 1565  of the department shall serve as nonvoting advisers to the
 1566  M.P.O. governing board. Additional nonvoting advisers may be
 1567  appointed by the M.P.O. as deemed necessary; however, to the
 1568  maximum extent feasible, each M.P.O. shall seek to appoint
 1569  nonvoting representatives of various multimodal forms of
 1570  transportation not otherwise represented by voting members of
 1571  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1572  representing major military installations located within the
 1573  jurisdictional boundaries of the M.P.O. upon the request of the
 1574  aforesaid major military installations and subject to the
 1575  agreement of the M.P.O. All nonvoting advisers may attend and
 1576  participate fully in governing board meetings but may not vote
 1577  or be members of the governing board. The Governor shall review
 1578  the composition of the M.P.O. membership in conjunction with the
 1579  decennial census as prepared by the United States Department of
 1580  Commerce, Bureau of the Census, and reapportion it as necessary
 1581  to comply with subsection (3).
 1582         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
 1583         (c) The powers and duties of the Metropolitan Planning
 1584  Organization Advisory Council are to:
 1585         1. Enter into contracts with individuals, private
 1586  corporations, and public agencies.
 1587         2. Acquire, own, operate, maintain, sell, or lease personal
 1588  property essential for the conduct of business.
 1589         3. Accept funds, grants, assistance, gifts, or bequests
 1590  from private, local, state, or federal sources.
 1591         4. Establish bylaws by action of its governing board
 1592  providing procedural rules to guide its proceedings and
 1593  consideration of matters before the council, or, alternatively,
 1594  and adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1595  implement provisions of law conferring powers or duties upon it.
 1596         5. Assist M.P.O.s M.P.O.’s in carrying out the urbanized
 1597  area transportation planning process by serving as the principal
 1598  forum for collective policy discussion pursuant to law.
 1599         6. Serve as a clearinghouse for review and comment by
 1600  M.P.O.s M.P.O.’s on the Florida Transportation Plan and on other
 1601  issues required to comply with federal or state law in carrying
 1602  out the urbanized area transportation and systematic planning
 1603  processes instituted pursuant to s. 339.155.
 1604         7. Employ an executive director and such other staff as
 1605  necessary to perform adequately the functions of the council,
 1606  within budgetary limitations. The executive director and staff
 1607  are exempt from part II of chapter 110 and serve at the
 1608  direction and control of the council. The council is assigned to
 1609  the Office of the Secretary of the Department of Transportation
 1610  for fiscal and accountability purposes, but it shall otherwise
 1611  function independently of the control and direction of the
 1612  department.
 1613         8. Adopt an agency strategic plan that prioritizes steps
 1614  provides the priority directions the agency will take to carry
 1615  out its mission within the context of the state comprehensive
 1616  plan and any other statutory mandates and directives directions
 1617  given to the agency.
 1618         Section 26. Paragraph (a) of subsection (1) and subsections
 1619  (4) and (5) of section 339.2821, Florida Statutes, are amended
 1620  to read:
 1621         339.2821 Economic development transportation projects.—
 1622         (1)(a) The department, in consultation with the Department
 1623  of Economic Opportunity and Enterprise Florida, Inc., may make
 1624  and approve expenditures and contract with the appropriate
 1625  governmental body for the direct costs of transportation
 1626  projects. The Department of Economic Opportunity and the
 1627  Department of Environmental Protection may formally review and
 1628  comment on recommended transportation projects, although the
 1629  department has final approval authority for any project
 1630  authorized under this section.
 1631         (4) A contract between the department and a governmental
 1632  body for a transportation project must:
 1633         (a) Specify that the transportation project is for the
 1634  construction of a new or expanding business and specify the
 1635  number of full-time permanent jobs that will result from the
 1636  project.
 1637         (b) Identify the governmental body and require that the
 1638  governmental body award the construction of the particular
 1639  transportation project to the lowest and best bidder in
 1640  accordance with applicable state and federal statutes or rules
 1641  unless the transportation project can be constructed using
 1642  existing local governmental employees within the contract period
 1643  specified by the department.
 1644         (c) Require that the governmental body provide the
 1645  department with quarterly progress reports. Each quarterly
 1646  progress report must contain:
 1647         1. A narrative description of the work completed and
 1648  whether the work is proceeding according to the transportation
 1649  project schedule;
 1650         2. A description of each change order executed by the
 1651  governmental body;
 1652         3. A budget summary detailing planned expenditures compared
 1653  to actual expenditures; and
 1654         4. The identity of each small or minority business used as
 1655  a contractor or subcontractor.
 1656         (d) Require that the governmental body make and maintain
 1657  records in accordance with accepted governmental accounting
 1658  principles and practices for each progress payment made for work
 1659  performed in connection with the transportation project, each
 1660  change order executed by the governmental body, and each payment
 1661  made pursuant to a change order. The records are subject to
 1662  financial audit as required by law.
 1663         (e) Require that the governmental body, upon completion and
 1664  acceptance of the transportation project, certify to the
 1665  department that the transportation project has been completed in
 1666  compliance with the terms and conditions of the contract between
 1667  the department and the governmental body and meets the minimum
 1668  construction standards established in accordance with s.
 1669  336.045.
 1670         (f) Specify that the department transfer funds will not be
 1671  transferred to the governmental body unless construction has
 1672  begun on the facility of the not more often than quarterly, upon
 1673  receipt of a request for funds from the governmental body and
 1674  consistent with the needs of the transportation project. The
 1675  governmental body shall expend funds received from the
 1676  department in a timely manner. The department may not transfer
 1677  funds unless construction has begun on the facility of a
 1678  business on whose behalf the award was made. The grant award
 1679  shall be terminated if construction of the transportation
 1680  project does not begin within 4 years after the date of the
 1681  initial grant award A contract totaling less than $200,000 is
 1682  exempt from the transfer requirement.
 1683         (g) Require that funds be used only on a transportation
 1684  project that has been properly reviewed and approved in
 1685  accordance with the criteria provided set forth in this section.
 1686         (h) Require that the governing board of the governmental
 1687  body adopt a resolution accepting future maintenance and other
 1688  attendant costs occurring after completion of the transportation
 1689  project if the transportation project is constructed on a county
 1690  or municipal system.
 1691         (5) For purposes of this section, Space Florida may serve
 1692  as the governmental body or as the contracting agency for a
 1693  transportation project within a spaceport territory as defined
 1694  by s. 331.304.
 1695         Section 27. Subsection (5) of section 526.141, Florida
 1696  Statutes, is amended to read:
 1697         526.141 Self-service gasoline stations; attendants;
 1698  regulations.—
 1699         (5)(a) Every full-service gasoline station offering self
 1700  service at a lesser cost shall require an attendant employed by
 1701  the station to dispense gasoline from the self-service portion
 1702  of the station to any motor vehicle properly displaying an
 1703  exemption parking permit as provided in s. 316.1958 or s.
 1704  320.0848 or a license plate issued pursuant to s. 320.084, s.
 1705  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
 1706  such permit has been issued is the operator of the vehicle and
 1707  such service is requested. Such stations shall prominently
 1708  display a decal no larger than 8 square inches on the front of
 1709  all self-service pumps clearly stating the requirements of this
 1710  subsection and the penalties applicable to violations of this
 1711  subsection. The Department of Agriculture and Consumer Services
 1712  shall enforce this requirement.
 1713         (b) By July 1, 2016, a full-service gasoline station
 1714  offering self-service at a lesser cost shall prominently
 1715  display, in addition to the decal required under paragraph (a),
 1716  a decal that is blue, is at least 15 square inches in size, and
 1717  clearly displays the international symbol of accessibility shown
 1718  in s. 320.0842, the telephone number of the station, and the
 1719  words “Call for Assistance.” The Department of Agriculture and
 1720  Consumer Services shall adopt rules to implement and enforce
 1721  this paragraph. This paragraph does not bar a county or
 1722  municipality from adopting an ordinance, or enforcing an
 1723  existing ordinance, that expands the accessibility, safety, or
 1724  availability of fueling assistance to a motor vehicle operator
 1725  described in paragraph (a).
 1726         (c)(b) Violation of paragraph (a) is a misdemeanor of the
 1727  second degree, punishable as provided in s. 775.082 or s.
 1728  775.083.
 1729         Section 28. Paragraph (a) of subsection (1) of section
 1730  562.11, Florida Statutes, is amended to read:
 1731         562.11 Selling, giving, or serving alcoholic beverages to
 1732  person under age 21; providing a proper name; misrepresenting or
 1733  misstating age or age of another to induce licensee to serve
 1734  alcoholic beverages to person under 21; penalties.—
 1735         (1)(a)1. A It is unlawful for any person may not to sell,
 1736  give, serve, or permit to be served alcoholic beverages to a
 1737  person under 21 years of age or to permit a person under 21
 1738  years of age to consume such beverages on the licensed premises.
 1739  A person who violates this subparagraph commits a misdemeanor of
 1740  the second degree, punishable as provided in s. 775.082 or s.
 1741  775.083. A person who violates this subparagraph a second or
 1742  subsequent time within 1 year after a prior conviction commits a
 1743  misdemeanor of the first degree, punishable as provided in s.
 1744  775.082 or s. 775.083.
 1745         2. In addition to any other penalty imposed for a violation
 1746  of subparagraph 1., the court may order the Department of
 1747  Highway Safety and Motor Vehicles to withhold the issuance of,
 1748  or suspend or revoke, the driver driver’s license or driving
 1749  privilege, as provided in s. 322.057, of any person who violates
 1750  subparagraph 1. This subparagraph does not apply to a licensee,
 1751  as defined in s. 561.01, who violates subparagraph 1. while
 1752  acting within the scope of his or her license or an employee or
 1753  agent of a licensee, as defined in s. 561.01, who violates
 1754  subparagraph 1. while engaged within the scope of his or her
 1755  employment or agency.
 1756         3. A court that withholds the issuance of, or suspends or
 1757  revokes, the driver license or driving privilege of a person
 1758  pursuant to subparagraph 2. may direct the Department of Highway
 1759  Safety and Motor Vehicles to issue the person a license for
 1760  driving privilege restricted to business purposes only, as
 1761  defined in s. 322.271, if he or she is otherwise qualified.
 1762         Section 29. Section 812.0155, Florida Statutes, is amended
 1763  to read:
 1764         812.0155 Suspension of driver driver’s license following an
 1765  adjudication of guilt for theft.—
 1766         (1) Except as provided in subsections (2) and (3), the
 1767  court may order the suspension of the driver driver’s license of
 1768  each person adjudicated guilty of any misdemeanor violation of
 1769  s. 812.014 or s. 812.015, regardless of the value of the
 1770  property stolen. The court shall order the suspension of the
 1771  driver’s license of each person adjudicated guilty of any
 1772  misdemeanor violation of s. 812.014 or s. 812.015 who has
 1773  previously been convicted of such an offense. Upon ordering the
 1774  suspension of the driver driver’s license of the person
 1775  adjudicated guilty, the court shall forward the driver driver’s
 1776  license of the person adjudicated guilty to the Department of
 1777  Highway Safety and Motor Vehicles in accordance with s. 322.25.
 1778         (a) The first suspension of a driver driver’s license under
 1779  this subsection shall be for a period of up to 6 months.
 1780         (b) A second or subsequent suspension of a driver driver’s
 1781  license under this subsection shall be for 1 year.
 1782         (2) The court may revoke, suspend, or withhold issuance of
 1783  a driver driver’s license of a person less than 18 years of age
 1784  who violates s. 812.014 or s. 812.015 as an alternative to
 1785  sentencing the person to:
 1786         (a) Probation as defined in s. 985.03 or commitment to the
 1787  Department of Juvenile Justice, if the person is adjudicated
 1788  delinquent for such violation and has not previously been
 1789  convicted of or adjudicated delinquent for any criminal offense,
 1790  regardless of whether adjudication was withheld.
 1791         (b) Probation as defined in s. 985.03, commitment to the
 1792  Department of Juvenile Justice, probation as defined in chapter
 1793  948, community control, or incarceration, if the person is
 1794  convicted as an adult of such violation and has not previously
 1795  been convicted of or adjudicated delinquent for any criminal
 1796  offense, regardless of whether adjudication was withheld.
 1797         (3) As used in this subsection, the term “department” means
 1798  the Department of Highway Safety and Motor Vehicles. A court
 1799  that revokes, suspends, or withholds issuance of a driver
 1800  driver’s license under subsection (2) shall:
 1801         (a) If the person is eligible by reason of age for a driver
 1802  driver’s license or driving privilege, direct the department to
 1803  revoke or withhold issuance of the person’s driver driver’s
 1804  license or driving privilege for not less than 6 months and not
 1805  more than 1 year;
 1806         (b) If the person’s driver driver’s license is under
 1807  suspension or revocation for any reason, direct the department
 1808  to extend the period of suspension or revocation by not less
 1809  than 6 months and not more than 1 year; or
 1810         (c) If the person is ineligible by reason of age for a
 1811  driver driver’s license or driving privilege, direct the
 1812  department to withhold issuance of the person’s driver driver’s
 1813  license or driving privilege for not less than 6 months and not
 1814  more than 1 year after the date on which the person would
 1815  otherwise become eligible.
 1816         (4) Subsections (2) and (3) do not preclude the court from
 1817  imposing any sanction specified or not specified in subsection
 1818  (2) or subsection (3).
 1819         (5) A court that suspends the driver license of a person
 1820  pursuant to subsection (1) may direct the Department of Highway
 1821  Safety and Motor Vehicles to issue the person a license for
 1822  driving privilege restricted to business purposes only, as
 1823  defined in s. 322.271, if he or she is otherwise qualified.
 1824         Section 30. Section 832.09, Florida Statutes, is amended to
 1825  read:
 1826         832.09 Suspension of driver license after warrant or capias
 1827  is issued in worthless check case.—
 1828         (1) The court may order the suspension or revocation of the
 1829  driver license of a Any person who is being prosecuted for
 1830  passing a worthless check in violation of s. 832.05, who fails
 1831  to appear before the court and against whom a warrant or capias
 1832  for failure to appear is issued by the court if the person has
 1833  previously been adjudicated guilty of a violation of s. 832.05
 1834  shall have his or her driver’s license suspended or revoked
 1835  pursuant to s. 322.251.
 1836         (2) Within 5 working days after the court orders the
 1837  suspension of a driver license pursuant to subsection (1)
 1838  issuance of a warrant or capias for failure to appear, the clerk
 1839  of the court in the county where the warrant or capias is issued
 1840  shall notify the Department of Highway Safety and Motor Vehicles
 1841  by the most efficient method available of the action of the
 1842  court.
 1843         Section 31. Section 2 of chapter 85-364, Laws of Florida,
 1844  as amended by section 2 of chapter 95-382, Laws of Florida, is
 1845  amended to read:
 1846         Section 2. All tolls collected shall first be used first
 1847  for the payment of annual operating and maintenance costs and
 1848  second to discharge the current bond indebtedness related to the
 1849  Pinellas Bayway. Thereafter, tolls collected shall be used to
 1850  establish a reserve construction account to be used, together
 1851  with interest earned thereon, by the department for the
 1852  construction of Blind Pass Road, State Road 699 improvements,
 1853  and for Phase II of the Pinellas Bayway improvements. A portion
 1854  of the tolls collected shall first be used specifically for the
 1855  construction of the Blind Pass Road improvements, which
 1856  improvements consist of widening to four lanes the Blind Pass
 1857  Road, State Road 699, from 75th Avenue north to the approach of
 1858  the Blind Pass Bridge, including necessary right-of-way
 1859  acquisition along said portion of Blind Pass Road, and
 1860  intersection improvements at 75th Avenue and Blind Pass Road in
 1861  Pinellas County. Said improvements shall be included in the
 1862  department’s current 5-year work program. Upon completion of the
 1863  Blind Pass Road improvements, the tolls collected shall be used,
 1864  together with interest earned thereon, by the department for
 1865  Phase II of the Pinellas Bayway improvements consists, which
 1866  improvements consist of widening to four lanes the Pinellas
 1867  Bayway from State Road 679 west to Gulf Boulevard, including
 1868  necessary approaches, bridges, and avenues of access. Upon
 1869  completion of the Phase II improvements, the department shall
 1870  continue to collect tolls on the Pinellas Bayway for purposes of
 1871  reimbursing the department for all accrued maintenance costs for
 1872  the Pinellas Bayway.
 1873         Section 32. The Department of Highway Safety and Motor
 1874  Vehicles is directed to develop a plan of action that addresses
 1875  motor vehicle registration holds placed pursuant to ss.
 1876  316.1001, 316.1967, and 318.15, Florida Statutes, for
 1877  presentation to the Legislature by February 1, 2015. The plan
 1878  must, at a minimum, include a methodology for applicants whose
 1879  names have been placed on the list of persons who may not be
 1880  issued a license plate or revalidation sticker under s.
 1881  320.03(8), Florida Statutes, to rectify the cause of the hold
 1882  through the payment of any outstanding toll, parking ticket,
 1883  fine, and any other fee at the point of collection of the
 1884  registration fee.
 1885         Section 33. The Department of Highway Safety and Motor
 1886  Vehicles is appropriated the nonrecurring sum of $100,000 from
 1887  the Highway Safety Operating Trust Fund. These funds shall be
 1888  used for expenditures incurred to issue or reissue a driver
 1889  license with the marking “SEXUAL PREDATOR” on the front of the
 1890  license to persons designated and required to register as a
 1891  sexual predator in accordance with this act.
 1892         Section 34. This act shall take effect July 1, 2014.