Bill Text: FL S1392 | 2016 | Regular Session | Comm Sub
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-10 - Laid on Table, companion bill(s) passed, see HB 7027 (Ch. 2016-181), CS/CS/HB 7061 (Ch. 2016-239) [S1392 Detail]
Download: Florida-2016-S1392-Comm_Sub.html
Florida Senate - 2016 CS for CS for SB 1392 By the Committees on Appropriations; and Transportation; and Senator Brandes 576-04484-16 20161392c2 1 A bill to be entitled 2 An act relating to transportation; amending s. 311.12, 3 F.S.; establishing the Seaport Security Advisory 4 Committee under the direction of the Florida Seaport 5 Transportation and Economic Development Council; 6 providing membership and duties; directing the council 7 to establish a Seaport Security Grant Program to 8 assist in the implementation of security at specified 9 seaports; directing the council to review 10 applications, make recommendations to the council, and 11 adopt rules; amending s. 316.003, F.S.; defining the 12 term “driver-assistive truck platooning technology; 13 directing the Department of Transportation to study 14 the operation of driver-assistive truck platooning 15 technology; authorizing the department to conduct a 16 pilot project to test such operation; providing 17 security requirements; requiring a report to the 18 Governor and the Legislature; amending s. 316.0745, 19 F.S.; revising the circumstances under which the 20 Department of Transportation is authorized to direct 21 the removal of certain traffic control devices; 22 requiring the public agency erecting or installing 23 such a device to bring it into compliance with certain 24 requirements or remove it upon the direction of the 25 department; amending s. 316.235, F.S.; revising 26 specifications for bus deceleration lighting systems; 27 amending s. 316.303, F.S.; revising the prohibition 28 from operating, under certain circumstances, a motor 29 vehicle that is equipped with television-type 30 receiving equipment; providing exceptions to the 31 prohibition against displaying moving television 32 broadcast or pre-recorded video entertainment content 33 in vehicles; amending s. 316.640, F.S.; expanding the 34 authority of a chartered municipal parking enforcement 35 specialist to enforce state, county, and municipal 36 parking laws and ordinances within the boundaries of 37 certain counties pursuant to a memorandum of 38 understanding; amending s. 316.85, F.S.; revising the 39 circumstances under which a licensed driver is 40 authorized to operate an autonomous vehicle in 41 autonomous mode; amending s. 316.86, F.S.; deleting a 42 provision authorizing the operation of vehicles 43 equipped with autonomous technology on roads in this 44 state for testing purposes by certain persons or 45 research organizations; deleting a requirement that a 46 human operator be present in an autonomous vehicle for 47 testing purposes; deleting certain financial 48 responsibility requirements for entities performing 49 such testing; amending s. 319.145, F.S.; revising 50 provisions relating to required equipment and 51 operation of autonomous vehicles; amending s. 320.525, 52 F.S.; revising the definition of the term “port 53 vehicles and equipment”; amending s. 332.08, F.S.; 54 extending the authorized term of certain airport 55 related leases; creating s. 335.085, F.S.; providing a 56 short title; requiring the department to install 57 roadside barriers to shield water bodies contiguous 58 with state roads at certain locations by a specified 59 date under certain circumstances; providing 60 applicability; requiring the department to review 61 specified information related to certain motor vehicle 62 accidents on state roads contiguous with water bodies 63 which occurred during a specified timeframe, subject 64 to certain requirements; requiring the department to 65 submit a report to the Legislature by a specified 66 date, subject to certain requirements; amending s. 67 337.0261, F.S.; requiring local governments to 68 consider information provided by the department 69 regarding the effect that approving or denying certain 70 regulations may have on the cost of construction 71 aggregate materials in the local area, the region, and 72 the state; amending s. 337.18, F.S.; revising 73 conditions for waiver of a required surety bond; 74 amending s. 338.165, F.S.; deleting an authorization 75 to issue certain bonds secured by toll revenues 76 collected on the Beeline-East Expressway, the Navarre 77 Bridge, and the Pinellas Bayway; authorizing the 78 department’s Pinellas Bayway System to be transferred 79 by the department and become part of the turnpike 80 system under the Florida Turnpike Enterprise Law; 81 providing applicability; requiring the department to 82 transfer certain funds to the Florida Turnpike 83 Enterprise for certain purposes; repealing chapter 85 84 364, Laws of Florida, as amended, relating to the 85 Pinellas Bayway; amending s. 338.231, F.S.; increasing 86 the number of years before an inactive prepaid toll 87 account shall be presumed unclaimed; deleting 88 provisions relating to the use of revenues from the 89 turnpike system to pay the principal and interest of a 90 specified series of bonds and certain expenses of the 91 Sawgrass Expressway; amending s. 339.175, F.S.; 92 requiring certain long-range transportation plans to 93 include assessment of capital investment and other 94 measures necessary to make the most efficient use of 95 existing transportation facilities to improve safety; 96 requiring the assessments to include consideration of 97 infrastructure and technological improvements 98 necessary to accommodate advances in vehicle 99 technology; amending s. 339.2818, F.S.; increasing the 100 population ceiling in the definition of the term 101 “small county” for purposes of the Small County 102 Outreach Program; deleting an alternative definition 103 of the term “small county” for a specified fiscal 104 year; amending s. 339.55, F.S.; revising the purpose 105 of the state-funded infrastructure bank within the 106 department to include constructing and improving 107 ancillary facilities that produce or distribute 108 natural gas or fuel; authorizing the department to 109 consider applications for loans from the bank for 110 development and construction of natural gas fuel 111 production or distribution facilities used primarily 112 to support transportation activities at seaports or 113 intermodal facilities beginning on a specified date; 114 authorizing use of such loans to refinance outstanding 115 debt; amending s. 339.64, F.S.; requiring the 116 department to coordinate with certain partners and 117 industry representatives to consider infrastructure 118 and technological improvements necessary to 119 accommodate advances in vehicle technology in 120 Strategic Intermodal System facilities; requiring the 121 Strategic Intermodal System Plan to include a needs 122 assessment regarding such infrastructure and 123 technological improvements; repealing s. 341.0532, 124 F.S., relating to statewide transportation corridors; 125 amending s. 343.92, F.S.; increasing the members on 126 the governing board of the Tampa Bay Area Regional 127 Transportation Authority; requiring the secretary of 128 the department to appoint two advisors to the board 129 subject to certain requirements, rather than 130 appointing one nonvoting, ex officio member of the 131 board; amending s. 343.922, F.S.; requiring the 132 authority to present a certain master plan and updates 133 to, and coordinate projects and plans with, the Tampa 134 Bay Area Regional Transportation Authority (TBARTA) 135 Metropolitan Planning Organization Chairs Coordinating 136 Committee, rather than the West Central Florida M.P.O. 137 Chairs Coordinating Committee; requiring the authority 138 to provide certain administrative support and 139 direction to the TBARTA Metropolitan Planning 140 Organization Chairs Coordinating Committee; amending 141 s. 348.565, F.S.; expanding the list of projects of 142 the Tampa-Hillsborough County Expressway Authority 143 which are approved to be financed or refinanced by the 144 issuance of certain revenue bonds; amending s. 479.16, 145 F.S.; exempting certain signs from a specified permit, 146 subject to certain requirements and restrictions; 147 providing an effective date. 148 149 Be It Enacted by the Legislature of the State of Florida: 150 151 Section 1. Subsections (5) and (6) are added to section 152 311.12, Florida Statutes, to read: 153 311.12 Seaport security.— 154 (5) ADVISORY COMMITTEE.— 155 (a) There is created the Seaport Security Advisory 156 Committee, which shall be under the direction of the Florida 157 Seaport Transportation and Economic Development Council. 158 (b) The committee shall consist of the following members: 159 1. Five or more port security directors appointed by the 160 council chair shall serve as voting members. The council chair 161 shall designate one member of the committee to serve as 162 committee chair. 163 2. A designee from the United States Coast Guard shall 164 serve ex officio as a nonvoting member. 165 3. A designee from United States Customs and Border 166 Protection shall serve ex officio as a nonvoting member. 167 4. Two representatives from local law enforcement agencies 168 providing security services at a Florida seaport shall serve ex 169 officio as nonvoting members. 170 (c) The committee shall meet at the call of the chair but 171 at least annually. A majority of the voting members constitutes 172 a quorum for the purpose of transacting business of the 173 committee, and a vote of the majority of the voting members 174 present is required for official action by the committee. 175 (d) The committee shall provide a forum for discussion of 176 seaport security issues, including, but not limited to, matters 177 such as national and state security strategy and policy, actions 178 required to meet current and future security threats, statewide 179 cooperation on security issues, and security concerns of the 180 state’s maritime industry. 181 (6) GRANT PROGRAM.— 182 (a) The Florida Seaport Transportation and Economic 183 Development Council shall establish a Seaport Security Grant 184 Program for the purpose of assisting in the implementation of 185 security plans and security measures at the seaports listed in 186 s. 311.09(1). Funds may be used for the purchase of equipment, 187 infrastructure needs, cybersecurity programs, and other security 188 measures identified in a seaport’s approved federal security 189 plan. Such grants may not exceed 75 percent of the total cost of 190 the request and are subject to legislative appropriation. 191 (b) The Seaport Security Advisory Committee shall review 192 applications for the grant program and make recommendations to 193 the council for grant approvals. The council shall adopt by rule 194 criteria to implement this subsection. 195 Section 2. Present subsections (91), (92), and (93) of 196 section 316.003, Florida Statutes, are redesignated as 197 subsections (92), (93), and (94), respectively, and a new 198 subsection (91) is added to that section to read: 199 (91) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle 200 automation and safety technology that integrates sensor array, 201 wireless vehicle-to-vehicle communications, active safety 202 systems, and specialized software to link safety systems and 203 synchronize acceleration and braking between two vehicles while 204 leaving each vehicle’s steering control and systems command in 205 the control of the vehicle’s driver in compliance with the 206 National Highway Traffic Safety Administration rules regarding 207 vehicle-to-vehicle communications. 208 Section 3. The Department of Transportation, in 209 consultation with the Department of Highway Safety and Motor 210 Vehicles, shall study the use and safe operation of driver 211 assistive truck platooning technology, as defined in s. 316.003, 212 Florida Statutes, for the purpose of developing a pilot project 213 to test vehicles that are equipped to operate using driver 214 assistive truck platooning technology. 215 (1) Upon conclusion of the study, the Department of 216 Transportation, in consultation with the Department of Highway 217 Safety and Motor Vehicles, may conduct a pilot project to test 218 the use and safe operation of vehicles equipped with driver 219 assistive truck platooning technology. 220 (2) Notwithstanding ss. 316.0895 and 316.303, Florida 221 Statutes, the Department of Transportation may conduct the pilot 222 project in such a manner and at such locations as determined by 223 the Department of Transportation based on the study. 224 (3) Before the start of the pilot project, manufacturers of 225 driver–assistive truck platooning technology being tested in the 226 pilot project must submit to the Department of Highway Safety 227 and Motor Vehicles an instrument of insurance, a surety bond, or 228 proof of self-insurance acceptable to the department in the 229 amount of $5 million. 230 (4) Upon conclusion of the pilot project, the Department of 231 Transportation, in consultation with the Department of Highway 232 Safety and Motor Vehicles, shall submit the results of the study 233 and any findings or recommendations from the pilot project to 234 the Governor, the President of the Senate, and the Speaker of 235 the House of Representatives. 236 Section 4. Subsection (7) of section 316.0745, Florida 237 Statutes, is amended to read: 238 316.0745 Uniform signals and devices.— 239 (7) The Department of Transportation may, upon receipt and 240 investigation of reported noncompliance andis authorized,after 241 hearing pursuant to 14 days’ notice,todirect the removal of 242 any purported traffic control device that fails to meet the 243 requirements of this section, wherever the device is located and 244 without regard to assigned responsibility under s. 316.1895 245which fails to meet the requirements of this section. The public 246 agency erecting or installing the same shall immediately bring 247 it into compliance with the requirements of this section or 248 remove said device or signal upon the direction of the 249 Department of Transportation and may not, for a period of 5 250 years, install any replacement or new traffic control devices 251 paid for in part or in full with revenues raised by the state 252 unless written prior approval is received from the Department of 253 Transportation. Any additional violation by a public body or 254 official shall be cause for the withholding of state funds for 255 traffic control purposes until such public body or official 256 demonstrates to the Department of Transportation that it is 257 complying with this section. 258 Section 5. Subsection (5) of section 316.235, Florida 259 Statutes, is amended to read: 260 316.235 Additional lighting equipment.— 261 (5) A bus, as defined in s. 316.003(3),may be equipped 262 with a deceleration lighting system thatwhichcautions 263 following vehicles that the bus is slowing, is preparing to 264 stop, or is stopped. Such lighting system shall consist of red 265 or amber lights mounted in horizontal alignment on the rear of 266 the vehicle ator nearthe vertical centerline of the vehicle, 267 no greater than 12 inches apart, not higher than the lower edge 268 of the rear window or, if the vehicle has no rear window, not 269 higher than 10072inches from the ground. Such lights shall be 270 visible from a distance of not less than 300 feet to the rear in 271 normal sunlight. Lights are permitted to light and flash during 272 deceleration, braking, or standing and idling of the bus. 273 Vehicular hazard warning flashers may be used in conjunction 274 with or in lieu of a rear-mounted deceleration lighting system. 275 Section 6. Subsections (1) and (3) of section 316.303, 276 Florida Statutes, are amended to read: 277 316.303 Television receivers.— 278 (1) No motor vehicle may be operated on the highways of 279 this state if the vehicle is actively displaying moving 280 television broadcast or pre-recorded video entertainment content 281 that isshall be equipped with television-type receiving282equipment so located that the viewer or screen isvisible from 283 the driver’s seat while the vehicle is in motion, unless the 284 vehicle is equipped with autonomous technology, as defined in s. 285 316.003(90), and is being operated in autonomous mode, as 286 provided in s. 316.85(2). 287 (3) This section does not prohibit the use of an electronic 288 display used in conjunction with a vehicle navigation system; an 289 electronic display used by an operator of a vehicle equipped 290 with autonomous technology, as defined in s. 316.003(90); or an 291 electronic display used by an operator of a vehicle equipped and 292 operating with driver-assistive truck platooning technology, as 293 defined in s. 316.003. 294 Section 7. Paragraph (c) of subsection (3) of section 295 316.640, Florida Statutes, is amended to read: 296 316.640 Enforcement.—The enforcement of the traffic laws of 297 this state is vested as follows: 298 (3) MUNICIPALITIES.— 299 (c)1. A chartered municipality or its authorized agency or 300 instrumentality may employ as a parking enforcement specialist 301 any individual who successfully completes a training program 302 established and approved by the Criminal Justice Standards and 303 Training Commission for parking enforcement specialists, but who 304 does not otherwise meet the uniform minimum standards 305 established by the commission for law enforcement officers or 306 auxiliary or part-time officers under s. 943.12. 307 2. A parking enforcement specialist employed by a chartered 308 municipality or its authorized agency or instrumentality is 309 authorized to enforce all state, county, and municipal laws and 310 ordinances governing parking within the boundaries of the 311 municipality employing the specialist, or, pursuant to a 312 memorandum of understanding between the county and the 313 municipality, within the boundaries of the county in which the 314 chartered municipality or its authorized agency or 315 instrumentality is located, by appropriate state, county, or 316 municipal traffic citation. 317 3. A parking enforcement specialist employed pursuant to 318 this subsection may not carry firearms or other weapons or have 319 arrest authority. 320 Section 8. Subsection (1) of section 316.85, Florida 321 Statutes, is amended to read: 322 316.85 Autonomous vehicles; operation.— 323 (1) A person who possesses a valid driver license may 324 operate an autonomous vehicle in autonomous mode on roads in 325 this state if the vehicle is equipped with autonomous 326 technology, as defined in s. 316.003(90). 327 Section 9. Section 316.86, Florida Statutes, is amended to 328 read: 329 316.86Operation of vehicles equipped with autonomous330technology on roads for testing purposes; financial331responsibility;Exemption from liability for manufacturer when 332 third party converts vehicle.— 333(1) Vehicles equipped with autonomous technology may be334operated on roads in this state by employees, contractors, or335other persons designated by manufacturers of autonomous336technology, or by research organizations associated with337accredited educational institutions, for the purpose of testing338the technology. For testing purposes, a human operator shall be339present in the autonomous vehicle such that he or she has the340ability to monitor the vehicle’s performance and intervene, if341necessary, unless the vehicle is being tested or demonstrated on342a closed course. Before the start of testing in this state, the343entity performing the testing must submit to the department an344instrument of insurance, surety bond, or proof of self-insurance345acceptable to the department in the amount of $5 million.346(2)The original manufacturer of a vehicle converted by a 347 third party into an autonomous vehicle isshallnotbeliable 348 in, and shall have a defense to and be dismissed from, any legal 349 action brought against the original manufacturer by any person 350 injured due to an alleged vehicle defect caused by the 351 conversion of the vehicle, or by equipment installed by the 352 converter, unless the alleged defect was present in the vehicle 353 as originally manufactured. 354 Section 10. Subsection (1) of section 319.145, Florida 355 Statutes, is amended to read: 356 319.145 Autonomous vehicles.— 357 (1) An autonomous vehicle registered in this state must 358 continue to meet applicable federal standards and regulations 359 for suchamotor vehicle. The vehicle mustshall: 360 (a) Have a system to safely alert the operator if an 361 autonomous technology failure is detected while the autonomous 362 technology is engaged. When an alert is given, the system must: 363 1. Require the operator to take control of the autonomous 364 vehicle; or 365 2. If the operator does not, or is not able to, take 366 control of the autonomous vehicle, be capable of bringing the 367 vehicle to a complete stopHave a means to engage and disengage368the autonomous technology which is easily accessible to the369operator. 370 (b) Have a means, inside the vehicle, to visually indicate 371 when the vehicle is operating in autonomous mode. 372(c) Have a means to alert the operator of the vehicle if a373technology failure affecting the ability of the vehicle to374safely operate autonomously is detected while the vehicle is375operating autonomously in order to indicate to the operator to376take control of the vehicle.377 (c)(d)Be capable of being operated in compliance with the 378 applicable traffic and motor vehicle laws of this state. 379 Section 11. Subsection (1) of section 320.525, Florida 380 Statutes, is amended to read: 381 320.525 Port vehicles and equipment; definition; 382 exemption.— 383 (1) As used in this section, the term “port vehicles and 384 equipment” means trucks, tractors, trailers, truck cranes, top 385 loaders, fork lifts, hostling tractors, chassis, or other 386 vehicles or equipment used for transporting cargo, containers, 387 or other equipment. The term includes motor vehicles being 388 relocated within a port facility or via designated port district 389 roads. 390 Section 12. Paragraph (c) of subsection (1) of section 391 332.08, Florida Statutes, is amended to read: 392 332.08 Additional powers.— 393 (1) In addition to the general powers in ss. 332.01-332.12 394 conferred and without limitation thereof, a municipality that 395 has established or may hereafter establish airports, restricted 396 landing areas, or other air navigation facilities, or that has 397 acquired or set apart or may hereafter acquire or set apart real 398 property for such purposes, is authorized: 399 (c) To lease for a term not exceeding 5030years such 400 airports or other air navigation facilities, or real property 401 acquired or set apart for airport purposes, to private parties, 402 any municipal or state government or the national government, or 403 any department of either thereof, for operation; to lease or 404 assign for a term not exceeding 5030years to private parties, 405 any municipal or state government or the national government, or 406 any department of either thereof, for operation or use 407 consistent with the purposes of ss. 332.01-332.12, space, area, 408 improvements, or equipment on such airports; to sell any part of 409 such airports, other air navigation facilities, or real property 410 to any municipal or state government, or the United States or 411 any department or instrumentality thereof, for aeronautical 412 purposes or purposes incidental thereto, and to confer the 413 privileges of concessions of supplying upon its airports goods, 414 commodities, things, services, and facilities; provided, that in 415 each case in so doing the public is not deprived of its rightful 416 equal and uniform use thereof. 417 Section 13. Section 335.085, Florida Statutes, is created 418 to read: 419 335.085 Installation of roadside barriers along certain 420 water bodies contiguous with state roads.— 421 (1) This section shall be cited as “Chloe’s Law.” 422 (2) By June 30, 2018, the department shall install roadside 423 barriers to shield water bodies contiguous with state roads at 424 locations where a death due to drowning resulted from a motor 425 vehicle accident in which a vehicle departed the adjacent state 426 road during the period between July 1, 2006, and July 1, 2016. 427 This requirement does not apply to any location at which the 428 department’s chief engineer determines, based on engineering 429 principles, that installation of a barrier would increase the 430 risk of injury to motorists traveling on the adjacent state 431 road. 432 Section 14. The Department of Transportation shall review 433 all motor vehicle accidents that resulted in death due to 434 drowning in a water body contiguous with a state road and that 435 occurred during the period between July 1, 2006, and July 1, 436 2016. The department shall use the reconciled crash data 437 received from the Department of Highway Safety and Motor 438 Vehicles and shall submit a report to the President of the 439 Senate and the Speaker of the House of Representatives by 440 January 3, 2017, providing recommendations regarding any 441 necessary changes to state laws and department rules to enhance 442 traffic safety. 443 Section 15. Subsection (3) of section 337.0261, Florida 444 Statutes, is amended to read: 445 337.0261 Construction aggregate materials.— 446 (3) LOCAL GOVERNMENT DECISIONMAKING.—ANolocal government 447 may notshallapprove or deny a proposed land use zoning change, 448 comprehensive plan amendment, land use permit, ordinance, or 449 order regarding construction aggregate materials without 450 considering any information provided by the Department of 451 Transportation regarding the effect such change, amendment, 452 permit decision, ordinance, or order would have on the 453 availability, transportation, cost, and potential extraction of 454 construction aggregate materials on the local area, the region, 455 and the state. The failure of the Department of Transportation 456 to provide this information shall not be a basis for delay or 457 invalidation of the local government action. ANolocal 458 government may not impose a moratorium, or combination of 459 moratoria, of more than 12 months’ duration on the mining or 460 extraction of construction aggregate materials, commencing on 461 the date the vote was taken to impose the moratorium. January 1, 462 2007, shall serve as the commencement of the 12-month period for 463 moratoria already in place as of July 1, 2007. 464 Section 16. Paragraph (a) of subsection (1) of section 465 337.18, Florida Statutes, is amended to read: 466 337.18 Surety bonds for construction or maintenance 467 contracts; requirement with respect to contract award; bond 468 requirements; defaults; damage assessments.— 469 (1)(a) A surety bond shall be required of the successful 470 bidder in an amount equal to the awarded contract price. 471 However, the department may choose, in its discretion and 472 applicable only to multiyear maintenance contracts, to allow for 473 incremental annual contract bonds that cumulatively total the 474 full, awarded, multiyear contract price. 475 1. The department may waive the requirement for all or a 476 portion of a surety bond if: 477 a.For a project for whichThe contract price is $250,000 478 or less and,the departmentmay waive the requirement for all or479a portion of a surety bond if itdetermines that the project is 480 of a noncritical nature and that nonperformance will not 481 endanger public health, safety, or property; 482 b. The prime contractor is a qualified nonprofit agency for 483 the blind or for the other severely handicapped under s. 484 413.036(2); or 485 c. The prime contractor is using a subcontractor that is a 486 qualified nonprofit agency for the blind or for the other 487 severely handicapped under s. 413.036(2). However, the 488 department may not waive more than the amount of the 489 subcontract. 490 2. If the Secretary of Transportation or the secretary’s 491 designee determines that it is in the best interests of the 492 department to reduce the bonding requirement for a project and 493 that to do so will not endanger public health, safety, or 494 property, the department may waive the requirement of a surety 495 bond in an amount equal to the awarded contract price for a 496 project having a contract price of $250 million or more and, in 497 its place, may set a surety bond amount that is a portion of the 498 total contract price and provide an alternate means of security 499 for the balance of the contract amount that is not covered by 500 the surety bond or provide for incremental surety bonding and 501 provide an alternate means of security for the balance of the 502 contract amount that is not covered by the surety bond. Such 503 alternative means of security may include letters of credit, 504 United States bonds and notes, parent company guarantees, and 505 cash collateral. The department may require alternate means of 506 security if a surety bond is waived. The surety on such bond 507 shall be a surety company authorized to do business in the 508 state. All bonds shall be payable to the department and 509 conditioned for the prompt, faithful, and efficient performance 510 of the contract according to plans and specifications and within 511 the time period specified, and for the prompt payment of all 512 persons defined in s. 713.01 furnishing labor, material, 513 equipment, and supplies for work provided in the contract; 514 however, whenever an improvement, demolition, or removal 515 contract price is $25,000 or less, the security may, in the 516 discretion of the bidder, be in the form of a cashier’s check, 517 bank money order of any state or national bank, certified check, 518 or postal money order. The department shall adopt rules to 519 implement this subsection. Such rules shall include provisions 520 under which the department shall refuse to accept bonds on 521 contracts when a surety wrongfully fails or refuses to settle or 522 provide a defense for claims or actions arising under a contract 523 for which the surety previously furnished a bond. 524 Section 17. Subsection (4) of section 338.165, Florida 525 Statutes, is amended, and subsection (11) is added to that 526 section, to read: 527 338.165 Continuation of tolls.— 528 (4) Notwithstanding any other law to the contrary, pursuant 529 to s. 11, Art. VII of the State Constitution, and subject to the 530 requirements of subsection (2), the Department of Transportation 531 may request the Division of Bond Finance to issue bonds secured 532 by toll revenues collected on the Alligator Alley and,the 533 Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre534Bridge, and the Pinellas Baywayto fund transportation projects 535 located within the county or counties in which the project is 536 located and contained in the adopted work program of the 537 department. 538 (11) The department’s Pinellas Bayway System may be 539 transferred by the department and become part of the turnpike 540 system under the Florida Turnpike Enterprise Law. The transfer 541 does not affect the rights of the parties, or their successors 542 in interest, under the settlement agreement and final judgment 543 in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co. 544 v. State Road Department of the State of Florida, No. 67-1081 545 (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway 546 System to the turnpike system, the department shall also 547 transfer to the Florida Turnpike Enterprise the funds deposited 548 in the reserve account established by chapter 85-364, Laws of 549 Florida, as amended by chapters 95-382 and 2014-223, Laws of 550 Florida, which funds shall be used by the Florida Turnpike 551 Enterprise solely to help fund the costs of repair or 552 replacement of the transferred facilities. 553 Section 18. Chapter 85-364, Laws of Florida, as amended by 554 chapter 95-382 and section 48 of chapter 2014-223, Laws of 555 Florida, is repealed. 556 Section 19. Paragraph (c) of subsection (3) and subsections 557 (5) and (6) of section 338.231, Florida Statutes, are amended to 558 read: 559 338.231 Turnpike tolls, fixing; pledge of tolls and other 560 revenues.—The department shall at all times fix, adjust, charge, 561 and collect such tolls and amounts for the use of the turnpike 562 system as are required in order to provide a fund sufficient 563 with other revenues of the turnpike system to pay the cost of 564 maintaining, improving, repairing, and operating such turnpike 565 system; to pay the principal of and interest on all bonds issued 566 to finance or refinance any portion of the turnpike system as 567 the same become due and payable; and to create reserves for all 568 such purposes. 569 (3) 570 (c) Notwithstanding any otherprovision oflaw to the 571 contrary, any prepaid toll account of any kind which has 572 remained inactive for 103years shall be presumed unclaimed and 573 its disposition shall be handled by the Department of Financial 574 Services in accordance with all applicable provisions of chapter 575 717 relating to the disposition of unclaimed property, and the 576 prepaid toll account shall be closed by the department. 577(5) In each fiscal year while any of the bonds of the578Broward County Expressway Authority series 1984 and series 1986579A remain outstanding, the department is authorized to pledge580revenues from the turnpike system to the payment of principal581and interest of such series of bonds and the operation and582maintenance expenses of the Sawgrass Expressway, to the extent583gross toll revenues of the Sawgrass Expressway are insufficient584to make such payments. The terms of an agreement relative to the585pledge of turnpike system revenue will be negotiated with the586parties of the 1984 and 1986 Broward County Expressway Authority587lease-purchase agreements, and subject to the covenants of those588agreements. The agreement must establish that the Sawgrass589Expressway is subject to the planning, management, and operating590control of the department limited only by the terms of the591lease-purchase agreements. The department shall provide for the592payment of operation and maintenance expenses of the Sawgrass593Expressway until such agreement is in effect. This pledge of594turnpike system revenues is subordinate to the debt service595requirements of any future issue of turnpike bonds, the payment596of turnpike system operation and maintenance expenses, and597subject to any subsequent resolution or trust indenture relating598to the issuance of such turnpike bonds.599 (5)(6)The use and disposition of revenues pledged to bonds 600 are subject to ss. 338.22-338.241 and such regulations as the 601 resolution authorizing the issuance of the bonds or such trust 602 agreement may provide. 603 Section 20. Paragraph (c) of subsection (7) of section 604 339.175, Florida Statutes, is amended to read: 605 339.175 Metropolitan planning organization.— 606 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 607 develop a long-range transportation plan that addresses at least 608 a 20-year planning horizon. The plan must include both long 609 range and short-range strategies and must comply with all other 610 state and federal requirements. The prevailing principles to be 611 considered in the long-range transportation plan are: preserving 612 the existing transportation infrastructure; enhancing Florida’s 613 economic competitiveness; and improving travel choices to ensure 614 mobility. The long-range transportation plan must be consistent, 615 to the maximum extent feasible, with future land use elements 616 and the goals, objectives, and policies of the approved local 617 government comprehensive plans of the units of local government 618 located within the jurisdiction of the M.P.O. Each M.P.O. is 619 encouraged to consider strategies that integrate transportation 620 and land use planning to provide for sustainable development and 621 reduce greenhouse gas emissions. The approved long-range 622 transportation plan must be considered by local governments in 623 the development of the transportation elements in local 624 government comprehensive plans and any amendments thereto. The 625 long-range transportation plan must, at a minimum: 626 (c) Assess capital investment and other measures necessary 627 to: 628 1. Ensure the preservation of the existing metropolitan 629 transportation system including requirements for the operation, 630 resurfacing, restoration, and rehabilitation of major roadways 631 and requirements for the operation, maintenance, modernization, 632 and rehabilitation of public transportation facilities; and 633 2. Make the most efficient use of existing transportation 634 facilities to relieve vehicular congestion, improve safety, and 635 maximize the mobility of people and goods. Such efforts must 636 include, but are not limited to, consideration of infrastructure 637 and technological improvements necessary to accommodate advances 638 in vehicle technology, such as autonomous technology and other 639 developments. 640 641 In the development of its long-range transportation plan, each 642 M.P.O. must provide the public, affected public agencies, 643 representatives of transportation agency employees, freight 644 shippers, providers of freight transportation services, private 645 providers of transportation, representatives of users of public 646 transit, and other interested parties with a reasonable 647 opportunity to comment on the long-range transportation plan. 648 The long-range transportation plan must be approved by the 649 M.P.O. 650 Section 21. Subsection (2) of section 339.2818, Florida 651 Statutes, is amended to read: 652 339.2818 Small County Outreach Program.— 653 (2)(a)For the purposes of this section, the term “small 654 county” means any county that has a population of 170,000 655150,000or less as determined by the most recent official 656 estimate pursuant to s. 186.901. 657(b) Notwithstanding paragraph (a), for the 2015-2016 fiscal658year, for purposes of this section, the term “small county”659means any county that has a population of 165,000 or less as660determined by the most recent official estimate pursuant to s.661186.901. This paragraph expires July 1, 2016.662 Section 22. Subsections (1) and (2) of section 339.55, 663 Florida Statutes, are amended to read: 664 339.55 State-funded infrastructure bank.— 665 (1) There is created within the Department of 666 Transportation a state-funded infrastructure bank for the 667 purpose of providing loans and credit enhancements to government 668 units and private entities for use in constructing and improving 669 transportation facilities or ancillary facilities that produce 670 or distribute natural gas or fuel. 671 (2) The bank may lend capital costs or provide credit 672 enhancements for: 673 (a) A transportation facility project that is on the State 674 Highway System or that provides for increased mobility on the 675 state’s transportation system or provides intermodal 676 connectivity with airports, seaports, rail facilities, and other 677 transportation terminals, pursuant to s. 341.053, for the 678 movement of people and goods. 679 (b) Projects of the Transportation Regional Incentive 680 Program which are identified pursuant to s. 339.2819(4). 681 (c)1. Emergency loans for damages incurred to public-use 682 commercial deepwater seaports, public-use airports, and other 683 public-use transit and intermodal facilities that are within an 684 area that is part of an official state declaration of emergency 685 pursuant to chapter 252 and all other applicable laws. Such 686 loans: 687 a. May not exceed 24 months in duration except in extreme 688 circumstances, for which the Secretary of Transportation may 689 grant up to 36 months upon making written findings specifying 690 the conditions requiring a 36-month term. 691 b. Require application from the recipient to the department 692 that includes documentation of damage claims filed with the 693 Federal Emergency Management Agency or an applicable insurance 694 carrier and documentation of the recipient’s overall financial 695 condition. 696 c. Are subject to approval by the Secretary of 697 Transportation and the Legislative Budget Commission. 698 2. Loans provided under this paragraph must be repaid upon 699 receipt by the recipient of eligible program funding for damages 700 in accordance with the claims filed with the Federal Emergency 701 Management Agency or an applicable insurance carrier, but no 702 later than the duration of the loan. 703 (d) Beginning July 1, 2017, applications for the 704 development and construction of natural gas fuel production or 705 distribution facilities used primarily to support the 706 transportation activities at seaports or intermodal facilities. 707 Loans under this paragraph may be used to refinance outstanding 708 debt. 709 Section 23. Paragraph (c) is added to subsection (3) of 710 section 339.64, Florida Statutes, and paragraph (a) of 711 subsection (4) of that section is amended, to read: 712 339.64 Strategic Intermodal System Plan.— 713 (3) 714 (c) The department shall coordinate with federal, regional, 715 and local partners, as well as industry representatives, to 716 consider infrastructure and technological improvements necessary 717 to accommodate advances in vehicle technology, such as 718 autonomous technology and other developments, in Strategic 719 Intermodal System facilities. 720 (4) The Strategic Intermodal System Plan shall include the 721 following: 722 (a) A needs assessment that must include, but is not 723 limited to, consideration of infrastructure and technological 724 improvements necessary to accommodate advances in vehicle 725 technology, such as autonomous technology and other 726 developments. 727 Section 24. Section 341.0532, Florida Statutes, is 728 repealed. 729 Section 25. Paragraphs (a) and (b) of subsection (2) of 730 section 343.92, Florida Statutes, are amended to read: 731 343.92 Tampa Bay Area Regional Transportation Authority.— 732 (2) The governing board of the authority shall consist of 733 15 voting16members. 734 (a)There shall be one nonvoting, ex officio member of the735board who shall be appointed byThe secretary of the department 736 shall appoint two advisors to the boardbutwho must be the 737 district secretary for eachoneof the department districts 738 within the seven-county area of the authority, at the discretion739of the secretary of the department. 740 (b) TheThere shall be15 voting members of the board shall 741 be as follows: 742 1. The county commissions of Citrus, Hernando, 743 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties 744 shall each appoint one elected official to the board. Members 745 appointed under this subparagraph shall serve 2-year terms with 746 not more than three consecutive terms being served by any 747 person. If a member under this subparagraph leaves elected 748 office, a vacancy exists on the board to be filled as provided 749 in this subparagraph. 750 2. The West Central Florida M.P.O. Chairs Coordinating 751 Committee shall appoint one member to the board who must be a 752 chair of one of the six metropolitan planning organizations in 753 the region. The member appointed under this subparagraph shall 754 serve a 2-year term with not more than three consecutive terms 755 being served by any person. 756 3.a. Two members of the board shall be the mayor, or the 757 mayor’s designee, of the largest municipality within the service 758 area of each of the following independent transit agencies or 759 their legislatively created successor agencies: Pinellas 760 Suncoast Transit Authority and Hillsborough Area Regional 761 Transit Authority. The largest municipality is that municipality 762 with the largest population as determined by the most recent 763 United States Decennial Census. 764 b. Should a mayor choose not to serve, his or her designee 765 must be an elected official selected by the mayor from that 766 largest municipality’s city council or city commission. A mayor 767 or his or her designee shall serve a 2-year term with not more 768 than three consecutive terms being served by any person. 769 c. A designee’s term ends if the mayor leaves office for 770 any reason. If a designee leaves elected office on the city 771 council or commission, a vacancy exists on the board to be 772 filled by the mayor of that municipality as provided in sub 773 subparagraph a. 774 d. A mayor who has served three consecutive terms on the 775 board must designate an elected official from that largest 776 municipality’s city council or city commission to serve on the 777 board for at least one term. 778 4.a. One membership on the board shall rotate every 2 years 779 between the mayor, or his or her designee, of the largest 780 municipality within Manatee County and the mayor, or his or her 781 designee, of the largest municipality within Sarasota County. 782 The mayor, or his or her designee, from the largest municipality 783 within Manatee County shall serve the first 2-year term. The 784 largest municipality is that municipality with the largest 785 population as determined by the most recent United States 786 Decennial Census. 787 b. Should a mayor choose not to serve, his or her designee 788 must be an elected official selected by the mayor from that 789 municipality’s city council or city commission. 790 5. The Governor shall appoint to the board four business 791 representatives, each of whom must reside in one of the seven 792 counties governed by the authority, none of whom may be elected 793 officials, and at least one but not more than two of whom shall 794 represent counties within the federally designated Tampa Bay 795 Transportation Management Area. Members appointed by the 796 Governor shall serve 3-year terms with not more than two 797 consecutive terms being served by any person. 798 Section 26. Paragraphs (e) and (f) of subsection (3) of 799 section 343.922, Florida Statutes, are amended, and paragraph 800 (g) is added to that subsection, to read: 801 343.922 Powers and duties.— 802 (3) 803 (e) The authority shall present the original master plan 804 and updates to the governing bodies of the counties within the 805 seven-county region, to the Tampa Bay Area Regional 806 Transportation Authority (TBARTA) Metropolitan Planning 807 OrganizationWest Central Florida M.P.O.Chairs Coordinating 808 Committee, and to the legislative delegation members 809 representing those counties within 90 days after adoption. 810 (f) The authority shall coordinate plans and projects with 811 the TBARTA Metropolitan Planning OrganizationWest Central812Florida M.P.O.Chairs Coordinating Committee, to the extent 813 practicable, and participate in the regional M.P.O. planning 814 process to ensure regional comprehension of the authority’s 815 mission, goals, and objectives. 816 (g) The authority shall provide administrative support and 817 direction to the TBARTA Metropolitan Planning Organization 818 Chairs Coordinating Committee. 819 Section 27. Subsection (3) of section 348.565, Florida 820 Statutes, is amended, and subsection (5) is added to that 821 section, to read: 822 348.565 Revenue bonds for specified projects.—The existing 823 facilities that constitute the Tampa-Hillsborough County 824 Expressway System are hereby approved to be refinanced by 825 revenue bonds issued by the Division of Bond Finance of the 826 State Board of Administration pursuant to s. 11(f), Art. VII of 827 the State Constitution and the State Bond Act or by revenue 828 bonds issued by the authority pursuant to s. 348.56(1)(b). In 829 addition, the following projects of the Tampa-Hillsborough 830 County Expressway Authority are approved to be financed or 831 refinanced by the issuance of revenue bonds in accordance with 832 this part and s. 11(f), Art. VII of the State Constitution: 833 (3) Lee Roy Selmon Crosstown Expressway System widening, 834 and any extensions thereof. 835 (5) Capital projects that the authority is authorized to 836 acquire, construct, reconstruct, equip, operate, and maintain 837 pursuant to this part, including, without limitation, s. 838 348.54(15), provided that any financing of such projects does 839 not pledge the full faith and credit of the state. 840 Section 28. Subsection (20) is added to section 479.16, 841 Florida Statutes, to read: 842 479.16 Signs for which permits are not required.—The 843 following signs are exempt from the requirement that a permit 844 for a sign be obtained under this chapter but are required to 845 comply with s. 479.11(4)-(8), andthe provisions ofsubsections 846 (15)-(20)(15)-(19)may not be implemented or continued if the 847 Federal Government notifies the department that implementation 848 or continuation will adversely affect the allocation of federal 849 funds to the department: 850 (20) Signs that are located within the controlled area of a 851 federal-aid primary highway but that are on a parcel adjacent to 852 an off-ramp to the termination point of a turnpike system, if 853 there is no directional decision to be made by a driver, the 854 signs are primarily facing the off-ramp, and the signs have been 855 in existence since at least 1995. 856 857 If the exemptions in subsections (15)-(20)(15)-(19)are not 858 implemented or continued due to notification from the Federal 859 Government that the allocation of federal funds to the 860 department will be adversely impacted, the department shall 861 provide notice to the sign owner that the sign must be removed 862 within 30 days after receipt of the notice. If the sign is not 863 removed within 30 days after receipt of the notice by the sign 864 owner, the department may remove the sign, and the costs 865 incurred in connection with the sign removal shall be assessed 866 against and collected from the sign owner. 867 Section 29. This act shall take effect July 1, 2016.