Bill Text: FL S1118 | 2017 | Regular Session | Comm Sub
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-05 - Laid on Table, companion bill(s) passed, see CS/HB 221 (Ch. 2017-12), CS/CS/HB 687 (Ch. 2017-136), CS/CS/CS/HB 695 (Ch. 2017-138), CS/CS/CS/HB 865 (Ch. 2017-42), HB 1153 (Ch. 2017-211), SB 2502 (Ch. 2017-71) [S1118 Detail]
Download: Florida-2017-S1118-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 1118
By the Committees on Appropriations; and Transportation; and
Senators Gainer and Rouson
576-04735A-17 20171118c2
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; requiring the Department of Transportation to
4 consist of a central office and districts, subject to
5 certain requirements; providing that any secretary
6 appointed after a specified date and the assistant
7 secretaries are exempt from membership in the Senior
8 Management Service System Class; requiring the
9 secretary and assistant secretaries to receive
10 compensation competitive with compensation for
11 comparable responsibility in other public sector
12 organizations; requiring that the salaries of the
13 secretary and the assistant secretaries be established
14 by the Florida Transportation Commission and
15 determined by a certain market analysis, subject to
16 certain requirements; providing minimum specified
17 salaries for the secretary and assistant secretaries;
18 providing that the district secretaries and the
19 executive director of the turnpike enterprise are
20 exempt from membership in the Senior Management
21 Service System Class; requiring that the district
22 secretaries and the executive director of the turnpike
23 enterprise receive compensation commensurate with
24 their qualifications and competitive with compensation
25 for comparable responsibility in other public sector
26 organizations and in the private sector; providing
27 salary requirements for the district secretaries and
28 the executive director of the turnpike enterprise;
29 amending s. 212.055, F.S.; requiring certain
30 enactments to specify the types of municipalities
31 authorized to levy a discretionary sales surtax;
32 authorizing certain municipalities to levy a certain
33 discretionary sales surtax; providing requirements for
34 the discretionary sales surtax; providing that the
35 levy of the discretionary sales surtax does not
36 prohibit the county in which the municipality is
37 located from levying a certain discretionary sales
38 surtax; authorizing the county within which the
39 municipality is located to also levy a discretionary
40 sales surtax, at the same level as the municipality,
41 pursuant to a referendum of the voters of the county
42 who reside outside the municipality; providing that
43 the county discretionary sales surtax may be collected
44 only outside the municipality limits; authorizing,
45 alternatively, the municipality and county, by
46 interlocal agreement, to levy such a discretionary
47 sales surtax by referendum of all the voters of the
48 county; requiring the proposal to adopt a
49 discretionary sales surtax and to create a trust fund
50 within the municipality accounts to be placed on the
51 ballot in accordance with law at a time to be set at
52 the discretion of the governing body; providing that
53 proceeds from the surtax shall be applied to specified
54 uses in whatever combination the municipal governing
55 body deems appropriate; conforming provisions to
56 changes made by the act; creating s. 316.0898, F.S.;
57 requiring the Department of Transportation, in
58 consultation with the Department of Highway Safety and
59 Motor Vehicles, to develop the Florida Smart City
60 Challenge grant program; specifying requirements for
61 grant program applicants; establishing goals for the
62 grant program; requiring the Department of
63 Transportation to develop specified criteria for the
64 program grants and a plan for promotion of the grant
65 program; authorizing the Department of Transportation
66 to contract with a third party that demonstrates
67 certain knowledge and expertise for a specified
68 purpose; requiring the Department of Transportation to
69 submit certain information regarding the grant program
70 to the Governor and the Legislature by a specified
71 date; providing for repeal; amending s. 316.545, F.S.;
72 providing for the calculation of fines for unlawful
73 weight and load for a vehicle fueled by natural gas;
74 requiring the vehicle operator to present a certain
75 written certification upon request by a weight
76 inspector or law enforcement officer; prescribing a
77 maximum actual gross vehicle weight for vehicles
78 fueled by natural gas; providing applicability;
79 creating s. 316.851, F.S.; requiring an autonomous
80 vehicle used by a transportation network company to be
81 covered by automobile insurance, subject to certain
82 requirements; requiring an autonomous vehicle used to
83 provide a transportation service to carry in the
84 vehicle proof of coverage satisfying certain
85 requirements at all times while operating in
86 autonomous mode; creating s. 316.853, F.S.; defining
87 the term “automated mobility district”; requiring the
88 Department of Transportation to designate automated
89 mobility districts; requiring the department to
90 consider applicable criteria from federal agencies for
91 automated mobility districts in determining
92 eligibility of a community for the designation;
93 amending s. 319.145, F.S.; requiring an autonomous
94 vehicle registered in this state to be capable of
95 bringing the vehicle to a full stop when an alert is
96 given if the human operator does not, or is not able
97 to, take control of the autonomous vehicle, or if a
98 human operator is not physically present in the
99 vehicle; amending s. 335.074, F.S.; requiring bridges
100 on public transportation facilities to be inspected
101 for certain purposes at regular intervals as required
102 by the Federal Highway Administration; creating s.
103 335.094, F.S.; providing legislative intent; requiring
104 the department to establish a process, including any
105 forms deemed necessary by the department, for
106 submitting applications for installation of a memorial
107 marker; specifying persons who may submit such
108 applications to the department; requiring the
109 department to establish criteria for the design and
110 fabrication of memorial markers; authorizing the
111 department to install a certain sign at no charge to
112 an applicant; providing that memorial markers may
113 incorporate the available emblems of belief approved
114 by the United States Department of Veterans Affairs
115 National Cemetery Administration upon the request of
116 the applicant and payment of a reasonable fee set by
117 the department to offset production costs; defining
118 the term “emblem of belief”; authorizing an applicant
119 to request a new emblem of belief not specifically
120 approved by the United States Department of Veterans
121 Affairs National Cemetery Administration for
122 inscription on a memorial marker, subject to certain
123 requirements; requiring the department, under certain
124 circumstances, to notify an applicant of any missing
125 information and that no further action on the
126 application will be taken until the missing
127 information is provided; providing requirements for
128 placement of the memorial marker by the department;
129 requiring the department to remove a memorial marker
130 if the department determines the presence of the
131 marker creates a safety hazard, subject to certain
132 requirements; amending s. 337.11, F.S.; increasing the
133 allowable amount for contracts for construction and
134 maintenance which the department may enter into, in
135 certain circumstances, without advertising and
136 receiving competitive bids; amending s. 337.401, F.S.;
137 authorizing the Department of Transportation and
138 certain local governmental entities to prescribe and
139 enforce reasonable rules or regulations with reference
140 to the placing and maintaining across, on, or within
141 the right-of-way limits of any road or publicly owned
142 rail corridors under their respective jurisdictions
143 any voice or data communications services lines or
144 wireless facilities; amending s. 338.227, F.S.;
145 providing that certain bonds are not required to be
146 validated but may be validated at the option of the
147 Division of Bond Finance; providing filing, notice,
148 and service requirements for complaints and circuit
149 court orders concerning such validation; amending s.
150 215.82, F.S.; conforming a provision to changes made
151 by the act; amending s. 338.2275, F.S.; authorizing
152 the department to include the acquisition of the
153 Garcon Point Bridge and related assets as a turnpike
154 project in the department’s tentative work program,
155 subject to certain requirements; authorizing the
156 department to acquire the bridge and outstanding Santa
157 Rosa Bay Bridge Authority bonds upon approval of the
158 acquisition through approval of the department’s
159 tentative work program; authorizing the department to
160 enter into necessary agreements to implement the
161 acquisition and to specify the terms and conditions
162 thereof; providing that the bridge becomes a part of
163 the turnpike system upon its acquisition; approving
164 the issuance of revenue bonds; requiring the
165 acquisition price paid by the department to first be
166 used to settle all claims of the holders of certain
167 Santa Rosa Bay Bridge Authority Revenue Bonds;
168 prohibiting a toll rate increase in connection with
169 the acquisition of the bridge; prohibiting any
170 increase in tolls for use of the bridge following its
171 acquisition, except as required by law or to comply
172 with bond covenants; prohibiting the department or the
173 state from incurring any financial obligation for the
174 acquisition in excess of certain gross revenues;
175 providing that the acquisition price paid by the
176 department may not exceed the present value of certain
177 gross revenues; terminating a certain lease-purchase
178 agreement between the Santa Rosa Bay Bridge Authority
179 and the department upon the acquisition of the Garcon
180 Point Bridge; repealing part IV of chapter 348, F.S.,
181 relating to the Santa Rosa Bay Bridge Authority, upon
182 acquisition of the bridge; amending s. 339.135, F.S.;
183 providing an additional exception related to the
184 amendment of adopted work programs when an emergency
185 exists; amending s. 339.2405, F.S.; replacing the
186 Florida Highway Beautification Council within the
187 department with the Florida Highway Beautification
188 Grant Program; providing the purpose of the program;
189 providing duties of the department; conforming
190 provisions to changes made by the act; amending s.
191 343.52, F.S.; defining the term “department”; amending
192 s. 343.53, F.S.; conforming a cross-reference;
193 amending s. 343.54, F.S.; prohibiting the South
194 Florida Regional Transportation Authority from
195 entering into, extending, or renewing certain
196 contracts or other agreements without the department’s
197 prior review and written approval if such contracts or
198 agreements may be funded with funds provided by the
199 department; amending s. 343.58, F.S.; providing that
200 certain funds provided to the authority by the
201 department constitute state financial assistance for
202 specified purposes, subject to certain requirements;
203 requiring the department to provide certain funds in
204 accordance with the terms of an agreement between the
205 authority and the department; authorizing the
206 department to advance the authority a certain amount
207 of the total funding for a state fiscal year at the
208 beginning of each state fiscal year, subject to
209 certain requirements; requiring the authority to
210 promptly provide the department any documentation or
211 information, in addition to the proposed annual
212 budget, which is required by the department for its
213 evaluation of the proposed uses of state funds;
214 amending s. 427.011, F.S.; revising the definition of
215 the term “paratransit”; authorizing the Secretary of
216 Transportation to enroll the State of Florida in
217 federal pilot programs or projects for the collection
218 and study of data for the review of federal or state
219 roadway safety, infrastructure sustainability,
220 congestion mitigation, transportation system
221 efficiency, autonomous vehicle technology, or capacity
222 challenges; providing legislative findings; providing
223 for an alternate means to measure permitted sign
224 height on interstate highways within Broward County;
225 providing for the Department of Transportation to
226 promulgate rules; providing effective dates, one of
227 which is contingent.
228
229 Be It Enacted by the Legislature of the State of Florida:
230
231 Section 1. Subsection (1) and paragraph (a) of subsection
232 (4) of section 20.23, Florida Statutes, are amended to read:
233 20.23 Department of Transportation.—There is created a
234 Department of Transportation which shall be a decentralized
235 agency.
236 (1)(a) The Department of Transportation shall consist of:
237 1. A central office that establishes policies and
238 procedures; and
239 2. Districts that carry out projects as authorized or
240 required under the policies and procedures implemented by the
241 central office pursuant to paragraph (3)(a).
242 (b)(a) The head of the Department of Transportation is the
243 Secretary of Transportation. The secretary shall be appointed by
244 the Governor from among three persons nominated by the Florida
245 Transportation Commission and shall be subject to confirmation
246 by the Senate. The secretary shall serve at the pleasure of the
247 Governor.
248 (c)(b) The secretary shall be a proven, effective
249 administrator who by a combination of education and experience
250 shall clearly possess a broad knowledge of the administrative,
251 financial, and technical aspects of the development, operation,
252 and regulation of transportation systems and facilities or
253 comparable systems and facilities.
254 (d)(c) The secretary shall provide to the Florida
255 Transportation Commission or its staff, such assistance,
256 information, and documents as are requested by the commission or
257 its staff to enable the commission to fulfill its duties and
258 responsibilities.
259 (e)(d) The secretary may appoint up to three assistant
260 secretaries who shall be directly responsible to the secretary
261 and who shall perform such duties as are assigned by the
262 secretary. The secretary shall designate to an assistant
263 secretary the duties related to enhancing economic prosperity,
264 including, but not limited to, the responsibility of liaison
265 with the head of economic development in the Executive Office of
266 the Governor. Such assistant secretary shall be directly
267 responsible for providing the Executive Office of the Governor
268 with investment opportunities and transportation projects that
269 expand the state’s role as a global hub for trade and investment
270 and enhance the supply chain system in the state to process,
271 assemble, and ship goods to markets throughout the eastern
272 United States, Canada, the Caribbean, and Latin America. The
273 secretary may delegate to any assistant secretary the authority
274 to act in the absence of the secretary.
275 (f)1.(e) Any secretary appointed after July 1, 2019 5,
276 1989, and the assistant secretaries are shall be exempt from the
277 provisions of part III of chapter 110 and shall receive
278 compensation commensurate with their qualifications and
279 competitive with compensation for comparable responsibility in
280 other public sector organizations and in the private sector.
281 2. The salaries of the secretary and the assistant
282 secretaries shall be established by the Florida Transportation
283 Commission and determined by a market analysis focused on
284 comparably skilled individuals in other public sector
285 organizations, including, but not limited to, expressway
286 authorities, aviation authorities, and port authorities, and on
287 comparably skilled individuals in the private sector. The market
288 analysis must serve as a basis for ascertaining compensation
289 levels required to retain the secretary and assistant
290 secretaries in their positions within the department and to
291 attract external talent that can fulfill the department’s
292 mission and effect change. The salary of the secretary must be
293 at least $180,000. The salary of an assistant secretary must be
294 10 percent below that of the secretary who appoints him or her.
295 (4)(a)1. The operations of the department shall be
296 organized into seven districts, each headed by a district
297 secretary, and a turnpike enterprise and a rail enterprise, each
298 enterprise headed by an executive director. The district
299 secretaries and the executive directors shall be registered
300 professional engineers in accordance with the provisions of
301 chapter 471 or the laws of another state, or, in lieu of
302 professional engineer registration, a district secretary or
303 executive director may hold an advanced degree in an appropriate
304 related discipline, such as a Master of Business Administration.
305 2. The district secretaries and the executive director of
306 the turnpike enterprise are exempt from part III of chapter 110
307 and shall receive compensation commensurate with their
308 qualifications and competitive with compensation for comparable
309 responsibility in other public sector organizations and in the
310 private sector. The salaries of the district secretaries and the
311 executive director of the turnpike enterprise must be 15 percent
312 below that of the secretary, as determined under subparagraph
313 (1)(f)2., who is head of the department at the time the district
314 secretaries and the executive director of the turnpike
315 enterprise take their positions.
316 3. The headquarters of the districts shall be located in
317 Polk, Columbia, Washington, Broward, Volusia, Miami-Dade, and
318 Hillsborough Counties. The headquarters of the turnpike
319 enterprise shall be located in Orange County. The headquarters
320 of the rail enterprise shall be located in Leon County. In order
321 to provide for efficient operations and to expedite the
322 decisionmaking process, the department shall provide for maximum
323 decentralization to the districts.
324 Section 2. Subsection (1) of section 212.055, Florida
325 Statutes, is amended to read:
326 212.055 Discretionary sales surtaxes; legislative intent;
327 authorization and use of proceeds.—It is the legislative intent
328 that any authorization for imposition of a discretionary sales
329 surtax shall be published in the Florida Statutes as a
330 subsection of this section, irrespective of the duration of the
331 levy. Each enactment shall specify the types of counties or
332 municipalities authorized to levy; the rate or rates which may
333 be imposed; the maximum length of time the surtax may be
334 imposed, if any; the procedure which must be followed to secure
335 voter approval, if required; the purpose for which the proceeds
336 may be expended; and such other requirements as the Legislature
337 may provide. Taxable transactions and administrative procedures
338 shall be as provided in s. 212.054.
339 (1) CHARTER COUNTY, MUNICIPALITY, AND REGIONAL
340 TRANSPORTATION SYSTEM SURTAX.—
341 (a) Each charter county that has adopted a charter, each
342 county the government of which is consolidated with that of one
343 or more municipalities, and each county that is within or under
344 an interlocal agreement with a regional transportation or
345 transit authority created under chapter 343 or chapter 349, and
346 each municipality and county under paragraph (b) may levy a
347 discretionary sales surtax, subject to approval by a majority
348 vote of the electorate of the county or municipality or by a
349 charter amendment approved by a majority vote of the electorate
350 of the county.
351 (b)1. A municipality with a population greater than 270,000
352 located in a county with a population greater than 1.28 million
353 but less than 1.5 million may levy a discretionary sales surtax
354 as provided in this subsection. The discretionary sales surtax
355 may only be levied within the limits of the municipality.
356 2. The levy of a discretionary sales surtax pursuant to
357 this paragraph does not prohibit the county in which the
358 municipality is located from levying a discretionary sales
359 surtax as otherwise provided in this section. If a municipality
360 has levied a discretionary sales surtax as described in this
361 paragraph, the county within which the municipality is located
362 may also levy a discretionary sales surtax, at the same level as
363 the municipality, pursuant to referendum of the voters of the
364 county who reside outside the municipality. The proceeds from
365 such a discretionary sales surtax may only be collected outside
366 the municipality limits. Alternatively, the municipality and
367 county, by interlocal agreement, may levy such a discretionary
368 sales surtax by referendum of all the voters of the county.
369 (c)(b) The rate of the discretionary sales surtax shall be
370 up to 1 percent.
371 (d)(c) The proposal to adopt a discretionary sales surtax
372 as provided in this subsection and to create a trust fund within
373 the county or municipality accounts shall be placed on the
374 ballot in accordance with law at a time to be set at the
375 discretion of the governing body.
376 (e)(d) Proceeds from the surtax shall be applied to as many
377 or as few of the uses enumerated below in whatever combination
378 the county commission or municipal governing body deems
379 appropriate:
380 1. Deposited by the county or municipality in the trust
381 fund and shall be used for the purposes of development,
382 construction, equipment, maintenance, operation, supportive
383 services, including a countywide or municipality-wide bus
384 system, on-demand transportation services, and related costs of
385 a fixed guideway rapid transit system;
386 2. Remitted by the governing body of the county or
387 municipality to an expressway, transit, or transportation
388 authority created by law to be used, at the discretion of such
389 authority, for the development, construction, operation, or
390 maintenance of roads or bridges in the county or municipality,
391 for the operation and maintenance of a bus system, for the
392 operation and maintenance of on-demand transportation services,
393 for the payment of principal and interest on existing bonds
394 issued for the construction of such roads or bridges, and, upon
395 approval by the county commission or municipal governing body,
396 such proceeds may be pledged for bonds issued to refinance
397 existing bonds or new bonds issued for the construction of such
398 roads or bridges;
399 3. Used by the county or municipality for the development,
400 construction, operation, and maintenance of roads and bridges in
401 the county or municipality; for the expansion, operation, and
402 maintenance of bus and fixed guideway systems; for the
403 expansion, operation, and maintenance of on-demand
404 transportation services; and for the payment of principal and
405 interest on bonds issued for the construction of fixed guideway
406 rapid transit systems, bus systems, roads, or bridges; and such
407 proceeds may be pledged by the governing body of the county or
408 municipality for bonds issued to refinance existing bonds or new
409 bonds issued for the construction of such fixed guideway rapid
410 transit systems, bus systems, roads, or bridges and no more than
411 25 percent used for nontransit uses; and
412 4. Used by the county or municipality for the planning,
413 development, construction, operation, and maintenance of roads
414 and bridges in the county or municipality; for the planning,
415 development, expansion, operation, and maintenance of bus and
416 fixed guideway systems; for the planning, development,
417 construction, operation, and maintenance of on-demand
418 transportation services; and for the payment of principal and
419 interest on bonds issued for the construction of fixed guideway
420 rapid transit systems, bus systems, roads, or bridges; and such
421 proceeds may be pledged by the governing body of the county or
422 municipality for bonds issued to refinance existing bonds or new
423 bonds issued for the construction of such fixed guideway rapid
424 transit systems, bus systems, roads, or bridges. Pursuant to an
425 interlocal agreement entered into pursuant to chapter 163, the
426 governing body of the county may distribute proceeds from the
427 tax to a municipality, or an expressway or transportation
428 authority created by law to be expended for the purpose
429 authorized by this paragraph. Any county that has entered into
430 interlocal agreements for distribution of proceeds to one or
431 more municipalities in the county shall revise such interlocal
432 agreements no less than every 5 years in order to include any
433 municipalities that have been created since the prior interlocal
434 agreements were executed.
435 (f)(e) As used in this subsection, the term “on-demand
436 transportation services” means transportation provided between
437 flexible points of origin and destination selected by individual
438 users with such service being provided at a time that is agreed
439 upon by the user and the provider of the service and that is not
440 fixed-schedule or fixed-route in nature.
441 Section 3. Section 316.0898, Florida Statutes, is created
442 to read:
443 316.0898 Florida Smart City Challenge grant program.—
444 (1) The Department of Transportation, in consultation with
445 the Department of Highway Safety and Motor Vehicles, shall
446 develop the Florida Smart City Challenge grant program and shall
447 establish grant award requirements for municipalities or regions
448 for the purpose of receiving grant awards. Grant applicants must
449 demonstrate and document the adoption of emerging technologies
450 and their impact on the transportation system and must address
451 at least the following focus areas:
452 (a) Autonomous vehicles.
453 (b) Connected vehicles.
454 (c) Sensor-based infrastructure.
455 (d) Collecting and using data.
456 (e) Electric vehicles, including charging stations.
457 (f) Developing strategic models and partnerships.
458 (2) The goals of the grant program include, but are not
459 limited to:
460 (a) Identifying transportation challenges and identifying
461 how emerging technologies can address those challenges.
462 (b) Determining the emerging technologies and strategies
463 that have the potential to provide the most significant impacts.
464 (c) Encouraging municipalities to take significant steps to
465 integrate emerging technologies into their day-to-day
466 operations.
467 (d) Identifying the barriers to implementing the grant
468 program and communicating those barriers to the Legislature and
469 appropriate agencies and organizations.
470 (e) Leveraging the initial grant to attract additional
471 public and private investments.
472 (f) Increasing the state’s competitiveness in the pursuit
473 of grants from the United States Department of Transportation,
474 the United States Department of Energy, and other federal
475 agencies.
476 (g) Committing to the continued operation of programs
477 implemented in connection with the grant.
478 (h) Serving as a model for municipalities nationwide.
479 (i) Documenting the costs and impacts of the grant program
480 and lessons learned during implementation.
481 (j) Identifying solutions that will demonstrate local or
482 regional economic impact.
483 (3) The Department of Transportation shall develop
484 eligibility, application, and selection criteria for the program
485 grants and a plan for the promotion of the grant program to
486 municipalities or regions of this state as an opportunity to
487 compete for grant funding, including the award of grants to a
488 single recipient and secondary grants to specific projects of
489 merit within other applications. The Department of
490 Transportation may contract with a third party that demonstrates
491 knowledge and expertise in the focuses and goals of this section
492 to provide guidance in the development of the requirements of
493 this section.
494 (4) On or before January 1, 2018, the Department of
495 Transportation shall submit the grant program guidelines and
496 plans for promotion of the grant program to the Governor, the
497 President of the Senate, and the Speaker of the House of
498 Representatives.
499 (5) This section expires July 1, 2018.
500 Section 4. Present paragraphs (c) and (d) of subsection (3)
501 of section 316.545, Florida Statutes, are redesignated as
502 paragraphs (d) and (e), respectively, and a new paragraph (c) is
503 added to that subsection, to read:
504 316.545 Weight and load unlawful; special fuel and motor
505 fuel tax enforcement; inspection; penalty; review.—
506 (3)
507 (c)1. For a vehicle fueled by natural gas, the fine is
508 calculated by reducing the actual gross vehicle weight by the
509 certified weight difference between the natural gas tank and
510 fueling system and a comparable diesel tank and fueling system.
511 Upon the request of a weight inspector or a law enforcement
512 officer, the vehicle operator shall present a written
513 certification that identifies the weight of the natural gas tank
514 and fueling system and the difference in weight of a comparable
515 diesel tank and fueling system. The written certification must
516 originate from the vehicle manufacturer or the installer of the
517 natural gas tank and fueling system.
518 2. The actual gross vehicle weight for vehicles fueled by
519 natural gas may not exceed 82,000 pounds, excluding the weight
520 allowed for idle-reduction technology under paragraph (b).
521 3. This paragraph does not apply to vehicles described in
522 s. 316.535(6).
523 Section 5. Effective upon the same date that SB 340 or
524 similar legislation takes effect, if such legislation is adopted
525 in the 2017 Regular Session or any extension thereof and becomes
526 a law, section 316.851, Florida Statutes, is created to read:
527 316.851 Autonomous vehicles; providing prearranged rides.—
528 (1) An autonomous vehicle used by a transportation network
529 company to provide a prearranged ride must be covered by
530 automobile insurance as required by s. 627.748, regardless of
531 whether a human operator is physically present within the
532 vehicle when the ride occurs. When an autonomous vehicle is
533 logged on to a digital network but is not engaged in a
534 prearranged ride, the autonomous vehicle must maintain insurance
535 coverage as defined in s. 627.748(7)(b).
536 (2) An autonomous vehicle used to provide a transportation
537 service shall carry in the vehicle proof of coverage satisfying
538 the requirements of this section at all times while operating in
539 autonomous mode.
540 Section 6. Section 316.853, Florida Statutes, is created to
541 read:
542 316.853 Automated mobility districts.—
543 (1) For the purpose of this section, an “automated mobility
544 district” means a master planned development or combination of
545 contiguous developments in which the deployment of autonomous
546 vehicles as defined in s. 316.003 as the basis for a shared
547 mobility system is a stated goal or objective of the development
548 or developments.
549 (2) The Department of Transportation shall designate
550 automated mobility districts.
551 (3) In determining the eligibility of a community for
552 designation as an automated mobility district, the Department of
553 Transportation shall consider applicable criteria from federal
554 agencies for automated mobility districts and apply those
555 criteria to eligible developments in this state.
556 Section 7. Paragraph (a) of subsection (1) of section
557 319.145, Florida Statutes, is amended to read:
558 319.145 Autonomous vehicles.—
559 (1) An autonomous vehicle registered in this state must
560 continue to meet applicable federal standards and regulations
561 for such motor vehicle. The vehicle must:
562 (a) Have a system to safely alert the operator if an
563 autonomous technology failure is detected while the autonomous
564 technology is engaged. When an alert is given, the system must:
565 1. Require the operator to take control of the autonomous
566 vehicle; or
567 2. If the human operator does not, or is not able to, take
568 control of the autonomous vehicle, or if a human operator is not
569 physically present in the vehicle, be capable of bringing the
570 vehicle to a complete stop.
571 Section 8. Subsection (2) of section 335.074, Florida
572 Statutes, is amended to read:
573 335.074 Safety inspection of bridges.—
574 (2) At regular intervals as required by the Federal Highway
575 Administration not to exceed 2 years, each bridge on a public
576 transportation facility shall be inspected for structural
577 soundness and safety for the passage of traffic on such bridge.
578 The thoroughness with which bridges are to be inspected shall
579 depend on such factors as age, traffic characteristics, state of
580 maintenance, and known deficiencies. The governmental entity
581 having maintenance responsibility for any such bridge shall be
582 responsible for having inspections performed and reports
583 prepared in accordance with the provisions contained herein.
584 Section 9. Effective October 1, 2017, section 335.094,
585 Florida Statutes, is created to read:
586 335.094 Highway memorial markers; public safety awareness.—
587 (1) In recognition of the department’s mission to provide a
588 safe transportation system, the Legislature intends that the
589 department allow the use of highway memorial markers at or near
590 the location of traffic-related fatalities on the State Highway
591 System to raise public awareness and remind motorists to drive
592 safely by memorializing people who have died as a result of a
593 traffic-related crash.
594 (2) The department shall establish a process, including any
595 forms deemed necessary by the department, for submitting
596 applications for installation of a memorial marker as authorized
597 in this section. Applications may be submitted to the department
598 by:
599 (a) A member of the decedent’s family, which includes the
600 decedent’s spouse; a child, parent, or sibling of the decedent,
601 whether biological, adopted, or step relation; and any lineal or
602 collateral descendant of the decedent; or
603 (b) Any individual who is responsible under the laws of
604 this state for the disposition of the unclaimed remains of the
605 decedent or for other matters relating to the interment or
606 memorialization of the decedent.
607 (3) The department shall establish criteria for the design
608 and fabrication of memorial markers, including, but not limited
609 to, marker components, fabrication material, and size.
610 (4)(a) The department may install a round aluminum sign
611 panel with white background and black letters uniformly
612 inscribed “Drive Safely, In Memory Of” followed by the
613 decedent’s name at no charge to the applicant.
614 (b) Upon the request of the applicant and payment of a
615 reasonable fee set by the department to offset production costs,
616 memorial markers may incorporate the available emblems of belief
617 approved by the United States Department of Veterans Affairs
618 National Cemetery Administration. For purposes of this section,
619 an “emblem of belief” means an emblem that represents the
620 decedent’s religious affiliation or sincerely held religious
621 belief system, or a sincerely held belief system that was
622 functionally equivalent to a religious belief system in the life
623 of the decedent. The religion or belief system represented by an
624 emblem need not be associated with or endorsed by a church,
625 group, or organized denomination. The term does not include
626 emblems, graphics, logos, or symbols that relate to social,
627 cultural, ethnic, civic, fraternal, trade, commercial,
628 political, professional, or military status.
629 (c) An applicant may request a new emblem of belief not
630 specifically approved by the United States Department of
631 Veterans Affairs National Cemetery Administration for
632 inscription on a memorial marker as follows:
633 1. The applicant must certify that the proposed new emblem
634 of belief represents the decedent’s religious affiliation or
635 sincerely held religious belief system, or a sincerely held
636 belief system that was functionally equivalent to a religious
637 belief system in the life of the decedent.
638 2. In the absence of evidence to the contrary, the
639 department shall accept as genuine an applicant’s statement of
640 the religious or functionally equivalent belief system of a
641 decedent.
642 (d) If the department determines that any application under
643 this section is incomplete, the department must notify the
644 applicant in writing of any missing information and must notify
645 the applicant in writing that no further action on the
646 application will be taken until the missing information is
647 provided.
648 (5) The department shall place a memorial marker for any
649 approved application at or near the location of the fatality in
650 a fashion that reduces driver distraction and positions the
651 marker as near the right-of-way line as possible.
652 (6) Memorial markers are intended to remind passing
653 motorists of the dangers of unsafe driving and are not intended
654 for visitation. The department shall remove a memorial marker if
655 the department determines the presence of the marker creates a
656 safety hazard. In such cases, the department shall post a notice
657 near where the marker was located indicating that the marker has
658 been removed and provide contact information for pickup of the
659 marker. The department shall store any removed markers for at
660 least 60 days. If after 60 days the memorial is not claimed, the
661 department may dispose of the marker as it deems necessary.
662 Section 10. Paragraph (c) of subsection (6) of section
663 337.11, Florida Statutes, is amended to read:
664 337.11 Contracting authority of department; bids; emergency
665 repairs, supplemental agreements, and change orders; combined
666 design and construction contracts; progress payments; records;
667 requirements of vehicle registration.—
668 (6)
669 (c) When the department determines that it is in the best
670 interest of the public for reasons of public concern, economy,
671 improved operations, or safety, and only for contracts for
672 construction and maintenance which do not exceed $250,000 when
673 circumstances dictate rapid completion of the work, the
674 department may, up to the amount of $120,000, enter into
675 contracts for construction and maintenance without advertising
676 and receiving competitive bids. The department may enter into
677 such contracts only upon a determination that the work is
678 necessary for one of the following reasons:
679 1. To ensure timely completion of projects or avoidance of
680 undue delay for other projects;
681 2. To accomplish minor repairs or construction and
682 maintenance activities for which time is of the essence and for
683 which significant cost savings would occur; or
684 3. To accomplish nonemergency work necessary to ensure
685 avoidance of adverse conditions that affect the safe and
686 efficient flow of traffic.
687
688 The department shall make a good faith effort to obtain two or
689 more quotes, if available, from qualified contractors before
690 entering into any contract. The department shall give
691 consideration to disadvantaged business enterprise
692 participation. However, when the work exists within the limits
693 of an existing contract, the department shall make a good faith
694 effort to negotiate and enter into a contract with the prime
695 contractor on the existing contract.
696 Section 11. Paragraph (a) of subsection (1) of section
697 337.401, Florida Statutes, is amended to read:
698 337.401 Use of right-of-way for utilities subject to
699 regulation; permit; fees.—
700 (1)(a) The department and local governmental entities,
701 referred to in this section and in ss. 337.402, 337.403, and
702 337.404 as the “authority,” that have jurisdiction and control
703 of public roads or publicly owned rail corridors are authorized
704 to prescribe and enforce reasonable rules or regulations with
705 reference to the placing and maintaining across, on, or within
706 the right-of-way limits of any road or publicly owned rail
707 corridors under their respective jurisdictions any electric
708 transmission, voice telephone, telegraph, data, or other
709 communications services lines or wireless facilities; pole
710 lines; poles; railways; ditches; sewers; water, heat, or gas
711 mains; pipelines; fences; gasoline tanks and pumps; or other
712 structures referred to in this section and in ss. 337.402,
713 337.403, and 337.404 as the “utility.” The department may enter
714 into a permit-delegation agreement with a governmental entity if
715 issuance of a permit is based on requirements that the
716 department finds will ensure the safety and integrity of
717 facilities of the Department of Transportation; however, the
718 permit-delegation agreement does not apply to facilities of
719 electric utilities as defined in s. 366.02(2).
720 Section 12. Subsection (5) is added to section 338.227,
721 Florida Statutes, to read:
722 338.227 Turnpike revenue bonds.—
723 (5) Notwithstanding s. 215.82, bonds issued pursuant to
724 this section are not required to be validated pursuant to
725 chapter 75 but may be validated at the option of the Division of
726 Bond Finance. Any complaint about such validation must be filed
727 in the circuit court of the county in which the seat of state
728 government is situated, and the clerk shall publish the notice
729 as required by s. 75.06 only in the county in which the
730 complaint is filed. The complaint and order of the circuit court
731 must be served on the state attorney of the circuit in which the
732 action is pending.
733 Section 13. Subsection (2) of section 215.82, Florida
734 Statutes, is amended to read:
735 215.82 Validation; when required.—
736 (2) Any bonds issued pursuant to this act which are
737 validated shall be validated in the manner provided by chapter
738 75. In actions to validate bonds to be issued in the name of the
739 State Board of Education under s. 9(a) and (d), Art. XII of the
740 State Constitution and bonds to be issued pursuant to chapter
741 259, the Land Conservation Program, the complaint shall be filed
742 in the circuit court of the county where the seat of state
743 government is situated, the notice required to be published by
744 s. 75.06 shall be published only in the county where the
745 complaint is filed, and the complaint and order of the circuit
746 court shall be served only on the state attorney of the circuit
747 in which the action is pending. In any action to validate bonds
748 issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
749 Art. XII of the State Constitution or issued pursuant to s.
750 215.605 or s. 338.227, the complaint shall be filed in the
751 circuit court of the county where the seat of state government
752 is situated, the notice required to be published by s. 75.06
753 shall be published in a newspaper of general circulation in the
754 county where the complaint is filed and in two other newspapers
755 of general circulation in the state, and the complaint and order
756 of the circuit court shall be served only on the state attorney
757 of the circuit in which the action is pending; provided,
758 however, that if publication of notice pursuant to this section
759 would require publication in more newspapers than would
760 publication pursuant to s. 75.06, such publication shall be made
761 pursuant to s. 75.06.
762 Section 14. Subsection (4) is added to section 338.2275,
763 Florida Statutes, to read:
764 338.2275 Approved turnpike projects.—
765 (1) Legislative approval of the department’s tentative work
766 program that contains the turnpike project constitutes approval
767 to issue bonds as required by s. 11(f), Art. VII of the State
768 Constitution. No more than $10 billion of bonds may be
769 outstanding to fund approved turnpike projects.
770 (2) The department may use turnpike revenues, the State
771 Transportation Trust Fund moneys allocated for turnpike projects
772 pursuant to s. 339.65, federal funds, and bond proceeds, and
773 shall use the most cost-efficient combination of such funds, in
774 developing a financial plan for funding turnpike projects. The
775 department must submit a report of the estimated cost for each
776 ongoing turnpike project and for each planned project to the
777 Legislature 14 days before the convening of the regular
778 legislative session. Verification of economic feasibility and
779 statements of environmental feasibility for individual turnpike
780 projects must be based on the entire project as approved.
781 Statements of environmental feasibility are not required for
782 those projects listed in s. 12, chapter 90-136, Laws of Florida,
783 for which the Project Development and Environmental Reports were
784 completed by July 1, 1990. All required environmental permits
785 must be obtained before the department may advertise for bids
786 for contracts for the construction of any turnpike project.
787 (3) Bonds may not be issued to fund a turnpike project
788 until the department has made a final determination that the
789 project is economically feasible in accordance with s. 338.221,
790 based on the most current information available.
791 (4)(a) Subject to the verification of economic feasibility
792 by the department in accordance with s. 338.221(8), the
793 department may include the acquisition of the Garcon Point
794 Bridge, and related assets, as a turnpike project in its
795 tentative work program in accordance with s. 338.223. Upon
796 approval of the acquisition through approval of the department’s
797 tentative work program in accordance with s. 339.135, the
798 department may acquire the Garcon Point Bridge, including
799 related assets, and as part of such acquisition may purchase
800 outstanding Santa Rosa Bay Bridge Authority bonds. The
801 department has the authority to enter into any agreements
802 necessary to implement the acquisition, including the purchase
803 of Santa Rosa Bay Bridge Authority bonds, and to specify the
804 terms and conditions thereof. Upon acquisition, the Garcon Point
805 Bridge shall become a part of the turnpike system. Pursuant to
806 section 11(f), Art. VII of the State Constitution, the issuance
807 of revenue bonds to finance the department’s acquisition of the
808 Garcon Point Bridge is approved.
809 (b) The acquisition price paid by the department shall
810 first be used to settle all claims of bondholders of the Santa
811 Rosa Bay Bridge Authority Revenue Bonds, Series 1996.
812 (c) No toll rate increase may be imposed on the Garcon
813 Point Bridge by the authority, the department, or the trustee
814 for bondholders, in connection with the acquisition of the
815 bridge by the department. Following any acquisition by the
816 department, no increase in tolls for use of the bridge shall be
817 permitted except as required by law or as required to comply
818 with the covenants contained in any resolution under which bonds
819 have been issued.
820 (d) Neither the department nor the state shall incur any
821 financial obligation for the acquisition of the Garcon Point
822 Bridge in excess of forecasted gross revenues from the operation
823 of the bridge. Therefore, the total acquisition price paid by
824 the department may not exceed the present value of the gross
825 revenues which is calculated without any increase in the
826 existing toll rate and which is anticipated to be collected from
827 the operation of the bridge between the date of a purchase
828 agreement in accordance with this section and the end of the
829 anticipated remaining useful life of the bridge as it exists as
830 of the date of the purchase agreement.
831 (e) Upon the acquisition of the Garcon Point Bridge as
832 authorized by this subsection, the October 23, 1996, Lease
833 Purchase Agreement between the authority and the department, as
834 amended, shall be terminated.
835 Section 15. Upon acquisition of the Garcon Point Bridge as
836 authorized by s. 338.2275(4), Florida Statutes, part IV of
837 chapter 348, Florida Statutes, consisting of ss. 348.965
838 348.9781, Florida Statutes, is repealed.
839 Section 16. Paragraph (e) of subsection (7) of section
840 339.135, Florida Statutes, is amended to read:
841 339.135 Work program; legislative budget request;
842 definitions; preparation, adoption, execution, and amendment.—
843 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
844 (e) Notwithstanding paragraphs (d), and (g), and (h) and
845 ss. 216.177(2) and 216.351, the secretary may request the
846 Executive Office of the Governor to amend the adopted work
847 program when an emergency exists, as defined in s. 252.34, and
848 the emergency relates to the repair or rehabilitation of any
849 state transportation facility. The Executive Office of the
850 Governor may approve the amendment to the adopted work program
851 and amend that portion of the department’s approved budget if a
852 delay incident to the notification requirements in paragraph (d)
853 would be detrimental to the interests of the state. However, the
854 department shall immediately notify the parties specified in
855 paragraph (d) and provide such parties written justification for
856 the emergency action within 7 days after approval by the
857 Executive Office of the Governor of the amendment to the adopted
858 work program and the department’s budget. The adopted work
859 program may not be amended under this subsection without
860 certification by the comptroller of the department that there
861 are sufficient funds available pursuant to the 36-month cash
862 forecast and applicable statutes.
863 Section 17. Section 339.2405, Florida Statutes, is amended
864 to read:
865 339.2405 Florida Highway Beautification Grant Program
866 Council.—
867 (1) There is created within the Department of
868 Transportation the Florida Highway Beautification Grant Program
869 for the purpose of awarding grants to local governmental
870 entities for beautification of roads on the State Highway System
871 as provided in subsections (3) and (4). The department shall
872 Council. It shall consist of seven members appointed by the
873 Governor. All appointed members must be residents of this state.
874 One member must be a licensed landscape architect, one member
875 must be a representative of the Florida Federation of Garden
876 Clubs, Inc., one member must be a representative of the Florida
877 Nurserymen and Growers Association, one member must be a
878 representative of the department as designated by the head of
879 the department, one member must be a representative of the
880 Department of Agriculture and Consumer Services, and two members
881 must be private citizens. The members of the council shall serve
882 at the pleasure of the Governor.
883 (2) Each chair shall be selected by the council members and
884 shall serve a 2-year term.
885 (3) The council shall meet no less than semiannually at the
886 call of the chair or, in the chair’s absence or incapacity, at
887 the call of the head of the department. Four members shall
888 constitute a quorum for the purpose of exercising all of the
889 powers of the council. A vote of the majority of the members
890 present shall be sufficient for all actions of the council.
891 (4) The council members shall serve without pay but shall
892 be entitled to per diem and travel expenses pursuant to s.
893 112.061.
894 (5) A member of the council may not participate in any
895 discussion or decision to recommend grants to any qualified
896 local government with which the member is associated as a member
897 of the governing body or as an employee or with which the member
898 has entered into a contractual arrangement.
899 (6) The council may prescribe, amend, and repeal bylaws
900 governing the manner in which the business of the council is
901 conducted.
902 (7)(a) The duties of the council shall be to:
903 (a)1. Provide information to local governments and local
904 highway beautification councils regarding the state highway
905 beautification grants program.
906 (b)2. Accept grant requests from local governments.
907 (c)3. Review grant requests for compliance with department
908 council rules.
909 (d)4. Establish rules for evaluating and prioritizing the
910 grant requests. The rules must include, but are not limited to,
911 an examination of each grant’s aesthetic value, cost
912 effectiveness, level of local support, feasibility of
913 installation and maintenance, and compliance with state and
914 federal regulations. Rules adopted by the department council
915 which it uses to evaluate grant applications must take into
916 consideration the contributions made by the highway
917 beautification project in preventing litter.
918 (e)5. Maintain a prioritized list of approved grant
919 requests. The list must include recommended funding levels for
920 each request and, if staged implementation is appropriate,
921 funding requirements for each stage shall be provided.
922 6. Assess the feasibility of planting and maintaining
923 indigenous wildflowers and plants, instead of sod groundcovers,
924 along the rights-of-way of state roads and highways. In making
925 such assessment, the council shall utilize data from other
926 states which include indigenous wildflower and plant species in
927 their highway vegetative management systems.
928 (b) The council may, at the request of the head of the
929 department, review and make recommendations on any other highway
930 beautification matters relating to the State Highway System.
931 (8) The head of the department shall provide from existing
932 personnel such staff support services to the council as are
933 necessary to enable the council to fulfill its duties and
934 responsibilities.
935 (2)(9) Local highway beautification councils may be created
936 by local governmental entities or by the Legislature. Prior to
937 being submitted to the department council, a grant request must
938 be approved by the local government or governments of the area
939 in which the project is located.
940 (3)(10) The head of the department, after receiving
941 recommendations from the council, shall award grants to local
942 governmental entities that have submitted grant requests for
943 beautification of roads on the State Highway System and which
944 requests are on the council’s approved list. The grants shall be
945 awarded in the order they appear on the council’s prioritized
946 list and in accordance with available funding.
947 (4)(11) State highway beautification grants may be
948 requested only for projects to beautify through landscaping
949 roads on the State Highway System. The grant request shall
950 identify all costs associated with the project, including
951 sprinkler systems, plant materials, equipment, and labor. A
952 grant shall provide for the costs of purchase and installation
953 of a sprinkler system, the cost of plant materials and
954 fertilizer, and may provide for the costs for labor associated
955 with the installation of the plantings. Each local government
956 that receives a grant is shall be responsible for any costs for
957 water, for the maintenance of the sprinkler system, for the
958 maintenance of the landscaped areas in accordance with a
959 maintenance agreement with the department, and, except as
960 otherwise provided in the grant, for any costs for labor
961 associated with the installation of the plantings. The
962 department may provide, by contract, services to maintain such
963 landscaping at a level not to exceed the cost of routine
964 maintenance of an equivalent unlandscaped area.
965 (12) The council shall annually submit to the head of the
966 Department of Transportation a proposal recommending the level
967 of grant funding.
968 Section 18. Section 343.52, Florida Statutes, is reordered
969 and amended to read:
970 343.52 Definitions.—As used in this part, the term:
971 (2)(1) “Authority” means the South Florida Regional
972 Transportation Authority.
973 (3)(2) “Board” means the governing body of the authority.
974 (4) “Department” means the Department of Transportation.
975 (1)(3) “Area served” means Miami-Dade, Broward, and Palm
976 Beach Counties. However, this area may be expanded by mutual
977 consent of the authority and the board of county commissioners
978 of Monroe County. The authority may not expand into any
979 additional counties without the department’s prior written
980 approval.
981 (8)(4) “Transit system” means a system used for the
982 transportation of people and goods by means of, without
983 limitation, a street railway, an elevated railway having a fixed
984 guideway, a commuter railroad, a subway, motor vehicles, or
985 motor buses, and includes a complete system of tracks, stations,
986 and rolling stock necessary to effectuate passenger service to
987 or from the surrounding regional municipalities.
988 (7)(5) “Transit facilities” means property, avenues of
989 access, equipment, or buildings built and installed in Miami
990 Dade, Broward, and Palm Beach Counties which are required to
991 support a transit system.
992 (6) “Member” means the individuals constituting the board.
993 (5)(7) “Feeder transit services” means a transit system
994 that transports passengers to or from stations within or across
995 counties.
996 Section 19. Paragraph (d) of subsection (2) of section
997 343.53, Florida Statutes, is amended to read:
998 343.53 South Florida Regional Transportation Authority.—
999 (2) The governing board of the authority shall consist of
1000 10 voting members, as follows:
1001 (d) If the authority’s service area is expanded pursuant to
1002 s. 343.54(6) s. 343.54(5), the county containing the new service
1003 area shall have two members appointed to the board as follows:
1004 1. The county commission of the county shall elect a
1005 commissioner as that commission’s representative on the board.
1006 The commissioner must be a member of the county commission when
1007 elected and for the full extent of his or her term.
1008 2. The Governor shall appoint a citizen member to the board
1009 who is not a member of the county commission but who is a
1010 resident and a qualified elector of that county.
1011 Section 20. Present subsections (4) and (5) of section
1012 343.54, Florida Statutes, are redesignated as subsections (5)
1013 and (6), respectively, and a new subsection (4) is added to that
1014 section, to read:
1015 343.54 Powers and duties.—
1016 (4) Notwithstanding any other provision of this part, the
1017 authority may not enter into, extend, or renew any contract or
1018 other agreement under this part without the department’s prior
1019 review and written approval of the authority’s proposed
1020 expenditures if such contract or agreement may be funded, in
1021 whole or in part, with funds provided by the department.
1022 Section 21. Paragraph (c) of subsection (4) of section
1023 343.58, Florida Statutes, is amended to read:
1024 343.58 County funding for the South Florida Regional
1025 Transportation Authority.—
1026 (4) Notwithstanding any other provision of law to the
1027 contrary and effective July 1, 2010, until as provided in
1028 paragraph (d), the department shall transfer annually from the
1029 State Transportation Trust Fund to the South Florida Regional
1030 Transportation Authority the amounts specified in subparagraph
1031 (a)1. or subparagraph (a)2.
1032 (c)1. Funds provided to the authority by the department
1033 under this subsection constitute state financial assistance
1034 provided to a nonstate entity to carry out a state project
1035 subject to the provisions of ss. 215.97 and 215.971. The
1036 department shall provide the funds in accordance with the terms
1037 of a written agreement to be entered into between the authority
1038 and the department which shall provide for department review,
1039 approval and audit of authority expenditure of such funds, and
1040 shall include such other provisions as are required by
1041 applicable law. The department is specifically authorized to
1042 agree to advance the authority one-fourth of the total funding
1043 provided under this subsection for a state fiscal year at the
1044 beginning of each state fiscal year, with monthly payments over
1045 the fiscal year on a reimbursement basis as supported by
1046 invoices and such additional documentation and information as
1047 the department may reasonably require, and a reconciliation of
1048 the advance against remaining invoices in the last quarter of
1049 the fiscal year may not be committed by the authority without
1050 the approval of the department, which may not be unreasonably
1051 withheld. At least 90 days before advertising any procurement or
1052 renewing any existing contract that will rely on state funds for
1053 payment, the authority shall notify the department of the
1054 proposed procurement or renewal and the proposed terms thereof.
1055 If the department, within 60 days after receipt of notice,
1056 objects in writing to the proposed procurement or renewal,
1057 specifying its reasons for objection, the authority may not
1058 proceed with the proposed procurement or renewal. Failure of the
1059 department to object in writing within 60 days after notice
1060 shall be deemed consent. This requirement does not impair or
1061 cause the authority to cancel contracts that exist as of June
1062 30, 2012.
1063 2. To enable the department to evaluate the authority’s
1064 proposed uses of state funds, the authority shall annually
1065 provide the department with its proposed budget for the
1066 following authority fiscal year and shall promptly provide the
1067 department with any additional documentation or information
1068 required by the department for its evaluation of the proposed
1069 uses of the state funds.
1070 Section 22. Section 427.011, Florida Statutes, is reordered
1071 and amended to read:
1072 427.011 Definitions.—For the purposes of ss. 427.011
1073 427.017:
1074 (9)(1) “Transportation disadvantaged” means those persons
1075 who because of physical or mental disability, income status, or
1076 age are unable to transport themselves or to purchase
1077 transportation and are, therefore, dependent upon others to
1078 obtain access to health care, employment, education, shopping,
1079 social activities, or other life-sustaining activities, or
1080 children who are handicapped or high-risk or at-risk as defined
1081 in s. 411.202.
1082 (5)(2) “Metropolitan planning organization” means the
1083 organization responsible for carrying out transportation
1084 planning and programming in accordance with the provisions of 23
1085 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
1086 (1)(3) “Agency” means an official, officer, commission,
1087 authority, council, committee, department, division, bureau,
1088 board, section, or any other unit or entity of the state or of a
1089 city, town, municipality, county, or other local governing body
1090 or a private nonprofit transportation service-providing agency.
1091 (11)(4) “Transportation improvement program” means a staged
1092 multiyear program of transportation improvements, including an
1093 annual element, which is developed by a metropolitan planning
1094 organization or designated official planning agency.
1095 (2)(5) “Community transportation coordinator” means a
1096 transportation entity recommended by a metropolitan planning
1097 organization, or by the appropriate designated official planning
1098 agency as provided for in ss. 427.011-427.017 in an area outside
1099 the purview of a metropolitan planning organization, to ensure
1100 that coordinated transportation services are provided to the
1101 transportation disadvantaged population in a designated service
1102 area.
1103 (12)(6) “Transportation operator” means one or more public,
1104 private for-profit, or private nonprofit entities engaged by the
1105 community transportation coordinator to provide service to
1106 transportation disadvantaged persons pursuant to a coordinated
1107 system service plan.
1108 (3)(7) “Coordinating board” means an advisory entity in
1109 each designated service area composed of representatives
1110 appointed by the metropolitan planning organization or
1111 designated official planning agency, to provide assistance to
1112 the community transportation coordinator relative to the
1113 coordination of transportation services.
1114 (8) “Purchasing agency” means a department or agency whose
1115 head is an ex officio, nonvoting adviser to the commission, or
1116 an agency that purchases transportation services for the
1117 transportation disadvantaged.
1118 (7)(9) “Paratransit” means those elements of public transit
1119 which provide service between specific origins and destinations
1120 selected by the individual user with such service being provided
1121 at a time that is agreed upon by the user and provider of the
1122 service. Paratransit service is provided by taxis, limousines,
1123 “dial-a-ride,” buses, transportation network companies, and
1124 other demand-responsive operations that are characterized by
1125 their nonscheduled, nonfixed route nature.
1126 (10) “Transportation disadvantaged funds” means any local
1127 government, state, or available federal funds that are for the
1128 transportation of the transportation disadvantaged. Such funds
1129 may include, but are not limited to, funds for planning,
1130 Medicaid transportation, administration, operation, procurement,
1131 and maintenance of vehicles or equipment and capital
1132 investments. Transportation disadvantaged funds do not include
1133 funds for the transportation of children to public schools.
1134 (4)(11) “Coordination” means the arrangement for the
1135 provision of transportation services to the transportation
1136 disadvantaged in a manner that is cost-effective, efficient, and
1137 reduces fragmentation and duplication of services.
1138 (6)(12) “Nonsponsored transportation disadvantaged
1139 services” means transportation disadvantaged services that are
1140 not sponsored or subsidized by any funding source other than the
1141 Transportation Disadvantaged Trust Fund.
1142 Section 23. The Secretary of Transportation may enroll the
1143 State of Florida in any federal pilot program or project for the
1144 collection and study of data for the review of federal or state
1145 roadway safety, infrastructure sustainability, congestion
1146 mitigation, transportation system efficiency, autonomous vehicle
1147 technology, or capacity challenges.
1148 Section 24. (1) Broward County has undergone significant
1149 expansion of its interstate system over the last 5 years.
1150 Broward County is the second most populous county in the state
1151 and is largely built out. The expansion of Broward County
1152 interstate highways occurred in fully developed areas in which
1153 relocation of permitted signs is difficult; the placement of new
1154 ramps, bridges, and other construction within the interstate
1155 right-of-way can hinder the ability of the public to view
1156 existing permitted signs; and allowing a minimal height increase
1157 based upon the height of the obstruction is reasonable.
1158 (2) Notwithstanding general law to the contrary, in the
1159 event that a properly permitted sign on an interstate highway
1160 within Broward County is subsequently obstructed by the
1161 construction of a ramp, braided bridge, or other permanent
1162 visual obstruction within the interstate right-of-way, the
1163 allowable height of the permitted sign shall be measured from
1164 the top of the visual obstruction. However, the height of the
1165 sign may not exceed 100 feet above the crown of the main
1166 traveled way of the road to which the sign is permitted
1167 regardless of the height of the visual obstruction.
1168 (3) The Department of Transportation is authorized to
1169 promulgate any rules or forms necessary to implement subsections
1170 (1) and (2) of this section.
1171 Section 25. Except as otherwise provided in this act, this
1172 act shall take effect July 1, 2017.
