Bill Text: FL S1194 | 2021 | Regular Session | Comm Sub


Bill Title: Transportation

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced) 2021-04-19 - On Committee agenda-- Rules, 04/20/21, 8:30 am, 412 Knott Building [S1194 Detail]

Download: Florida-2021-S1194-Comm_Sub.html
       Florida Senate - 2021                      CS for CS for SB 1194
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senator Hooper
       
       
       
       
       576-04243-21                                          20211194c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; creating s.
    3         177.107, F.S.; authorizing governing bodies of
    4         municipalities and counties to abandon and convey
    5         their interests in certain roads and rights-of-way
    6         dedicated in a recorded residential subdivision plat
    7         to community development districts under specified
    8         conditions; specifying duties for community
    9         development districts relating to such roads and
   10         rights-of-way; providing for traffic control
   11         jurisdiction of such roads; specifying that the
   12         community development district has all rights, title,
   13         and interest in such roads and rights-of-way upon
   14         abandonment and conveyance; requiring community
   15         development districts to thereafter hold such roads
   16         and rights-of-way in trust; providing construction;
   17         creating s. 287.05705, F.S.; providing that certain
   18         governmental entities may not prohibit certain vendors
   19         from responding to competitive solicitations of
   20         certain contractual services; providing applicability;
   21         amending s. 316.2397, F.S.; revising provisions
   22         authorizing vehicles and equipment to show or display
   23         flashing lights; amending s. 319.30, F.S.; revising
   24         conditions under which insurance companies are
   25         authorized to receive salvage certificates of title or
   26         certificates of destruction for motor vehicles and
   27         mobile homes from the Department of Highway Safety and
   28         Motor Vehicles; amending s. 320.06, F.S.; clarifying
   29         that certain rental vehicles are authorized to elect a
   30         permanent registration period; amending s. 320.27,
   31         F.S.; requiring motor vehicle dealer licensees to
   32         deliver copies of renewed, continued, changed, or new
   33         insurance policies to the department within specified
   34         timeframes under certain conditions; requiring such
   35         licensees to deliver copies of renewed, continued,
   36         changed, or new surety bonds or irrevocable letters of
   37         credit to the department within specified timeframes
   38         under certain conditions; amending s. 337.025, F.S.;
   39         revising the type of transportation project contracts
   40         that are subject to an annual cap; creating s.
   41         337.0262, F.S.; prohibiting the Department of
   42         Transportation and contractors and subcontractors of
   43         the department from purchasing specified substances
   44         from a borrow pit unless specified conditions are
   45         satisfied; requiring certain contracts, subcontracts,
   46         and purchase orders to require compliance with the
   47         prohibition; requiring the department to cease
   48         acceptance of substances from a borrow pit under
   49         certain conditions; authorizing the department to
   50         resume acceptance of such substances under certain
   51         conditions; amending s. 337.14, F.S.; requiring
   52         contractors wishing to bid on certain contracts to
   53         first be certified by the department as qualified;
   54         revising requirements for applying for and issuing a
   55         certificate of qualification; providing construction
   56         with respect to submission and approval of an
   57         application for such certificate; exempting airports
   58         from certain restrictions regarding entities
   59         performing engineering and inspection services;
   60         amending s. 337.185, F.S.; revising and providing
   61         definitions; revising requirements for arbitration of
   62         certain contracts by the State Arbitration Board;
   63         revising requirements regarding arbitration requests,
   64         hearings, procedures, and awards; revising membership
   65         and meeting requirements; revising compensation of
   66         board members; amending s. 338.166, F.S.; requiring
   67         that specified toll revenue be used to support certain
   68         public transportation projects; amending s. 339.175,
   69         F.S.; deleting a provision prohibiting certain
   70         metropolitan planning organizations from assessing any
   71         fees for municipalities, counties, or other
   72         governmental entities that are members of the
   73         organization; repealing part III of ch. 343, F.S.,
   74         relating to the creation and operation of the
   75         Northwest Florida Transportation Corridor Authority;
   76         amending s. 348.754, F.S.; prohibiting the Central
   77         Florida Expressway Authority from constructing any
   78         extensions, additions, or improvements to the Central
   79         Florida Expressway System in Lake County without prior
   80         consultation with, rather than consent of, the
   81         Secretary of Transportation; amending s. 349.04, F.S.;
   82         revising a limitation on the terms of leases that the
   83         Jacksonville Transportation Authority may enter into
   84         and make; amending s. 378.403, F.S.; defining the term
   85         “borrow pit”; amending s. 378.801, F.S.; prohibiting
   86         operation of a borrow pit at a new location without
   87         notifying the Secretary of Environmental Protection of
   88         the intent to extract; conforming provisions to
   89         changes made by the act; amending s. 378.802, F.S.;
   90         revising application of provisions to exclude existing
   91         locations; amending s. 479.07, F.S.; requiring the
   92         department to create and implement a publicly
   93         accessible electronic database for sign permit
   94         information; specifying requirements for the database;
   95         prohibiting the department from furnishing permanent
   96         metal permit tags or replacement tags and from
   97         enforcing specified provisions once the department
   98         creates and implements the database; specifying that
   99         permittees are not required to return permit tags to
  100         the department once the department creates and
  101         implements the database; dissolving the Northwest
  102         Florida Transportation Corridor Authority and
  103         requiring the authority to discharge its liabilities,
  104         settle and close its activities and affairs, and
  105         provide for the distribution of the authority’s
  106         assets; providing an effective date.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Section 177.107, Florida Statutes, is created to
  111  read:
  112         177.107 Closing and abandonment of roads; optional
  113  conveyance to a community development district; traffic control
  114  jurisdiction.—
  115         (1) The governing body of a municipality or county may
  116  abandon the roads and rights-of-way dedicated in a recorded
  117  residential subdivision plat and simultaneously convey the
  118  municipality’s or county’s interest in such roads, rights-of
  119  way, and appurtenant drainage facilities to a community
  120  development district established under chapter 190 in which the
  121  subdivision is located, if all of the following conditions are
  122  met:
  123         (a) The community development district has requested the
  124  abandonment and conveyance by written resolution for the purpose
  125  of converting the subdivision to a gated neighborhood with
  126  monitored public access.
  127         (b) The community development district has received
  128  approval for the conveyance by a vote of two-thirds of the
  129  landowners who are subject to the non-ad valorem assessments of
  130  the community development district and who are present by person
  131  or proxy at a properly noticed landowners meeting.
  132         (c)The community development district has executed an
  133  interlocal agreement with the municipality or county, as
  134  applicable, requiring the community development district to do
  135  all of the following:
  136         1. Maintain the roads and any associated drainage, street
  137  lighting, or sidewalks identified in the interlocal agreement to
  138  municipal or county standards, as applicable.
  139         2. Every 5 years, conduct a reserve study of the roads and
  140  any associated drainage, street lighting, or sidewalks
  141  identified in the interlocal agreement.
  142         3. Levy annual special assessments in amounts sufficient to
  143  maintain the roads and any drainage, street lighting, or
  144  sidewalks identified in the interlocal agreement to municipal or
  145  county standards, as applicable.
  146         4. Annually fund the amounts set forth in the reserve
  147  study.
  148         (2) The community development district shall install,
  149  operate, maintain, repair, and replace all signs, signals,
  150  markings, striping, guardrails, and other traffic control
  151  devices necessary or useful for the roads unless an agreement
  152  has been entered into between the municipality or county and the
  153  community development district, as authorized under s.
  154  316.006(2)(b) and (3)(b), respectively, expressly providing that
  155  the municipality or county has traffic control jurisdiction.
  156         (3) Upon abandonment of the roads and rights-of-way and the
  157  conveyance thereof to the community development district, the
  158  community development district shall have all the rights, title,
  159  and interest in the roads and rights-of-way, including all
  160  appurtenant drainage facilities, as were previously vested in
  161  the municipality or county. Thereafter, the community
  162  development district shall hold the roads and rights-of-way in
  163  trust for the benefit of the public and owners of the property
  164  in the subdivision and shall operate, maintain, repair, and from
  165  time to time replace and reconstruct the roads and any
  166  associated street lighting, sidewalks, or drainage facilities
  167  identified in the interlocal agreement as necessary to ensure
  168  their use and enjoyment by the public and property owners,
  169  tenants, and residents of the subdivision and their guests and
  170  invitees.
  171         (4) The provisions of this section are supplemental and
  172  additional to the powers of municipalities and counties.
  173         Section 2. Section 287.05705, Florida Statutes, is created
  174  to read:
  175         287.05705Procurements of road, bridge, and other specified
  176  public construction services.—
  177         (1)With respect to competitive solicitations for the
  178  procurement of contractual services that are limited to the
  179  classes of work for which the Department of Transportation
  180  issues certificates of qualification pursuant to s. 337.14, and
  181  which services do not involve the construction, remodeling,
  182  repair, or improvement of any building, a governmental entity
  183  procuring such services may not prohibit a response from a
  184  vendor possessing a valid certificate of qualification under s.
  185  337.14 or license under chapter 489 corresponding to the
  186  contractual services being procured.
  187         (2)This section applies to all competitive solicitations
  188  issued by a governmental entity on or after October 1, 2021.
  189         Section 3. Subsections (5) and (7) of section 316.2397,
  190  Florida Statutes, are amended to read:
  191         316.2397 Certain lights prohibited; exceptions.—
  192         (5) Road maintenance and construction equipment and
  193  vehicles may display flashing white lights or flashing white
  194  strobe lights when in operation and where a hazard exists.
  195  Construction equipment in a work zone on roadways with a posted
  196  speed limit of 55 miles per hour or higher may show or display a
  197  combination of flashing green, amber, and red lights in
  198  conjunction with periods when workers are present. Additionally,
  199  school buses and vehicles that are used to transport farm
  200  workers may display flashing white strobe lights.
  201         (7) Flashing lights are prohibited on vehicles except:
  202         (a) As a means of indicating a right or left turn, to
  203  change lanes, or to indicate that the vehicle is lawfully
  204  stopped or disabled upon the highway;
  205         (b) When a motorist intermittently flashes his or her
  206  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  207  motorist’s intent for doing so;
  208         (c)During periods of extremely low visibility on roadways
  209  with a posted speed limit of 55 miles per hour or higher; and
  210         (d)(c) For the lamps authorized under subsections (1), (2),
  211  (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
  212  flash.
  213         Section 4. Paragraph (b) of subsection (3) of section
  214  319.30, Florida Statutes, is amended to read:
  215         319.30 Definitions; dismantling, destruction, change of
  216  identity of motor vehicle or mobile home; salvage.—
  217         (3)
  218         (b) The owner, including persons who are self-insured, of a
  219  motor vehicle or mobile home that is considered to be salvage
  220  shall, within 72 hours after the motor vehicle or mobile home
  221  becomes salvage, forward the title to the motor vehicle or
  222  mobile home to the department for processing. However, an
  223  insurance company that pays money as compensation for the total
  224  loss of a motor vehicle or mobile home shall obtain the
  225  certificate of title for the motor vehicle or mobile home, make
  226  the required notification to the National Motor Vehicle Title
  227  Information System, and, within 72 hours after receiving such
  228  certificate of title, forward such title by the United States
  229  Postal Service, by another commercial delivery service, or by
  230  electronic means, when such means are made available by the
  231  department, to the department for processing. The owner or
  232  insurance company, as applicable, may not dispose of a vehicle
  233  or mobile home that is a total loss before it obtains a salvage
  234  certificate of title or certificate of destruction from the
  235  department. Effective January 1, 2020:
  236         1. Thirty days after payment of a claim for compensation
  237  pursuant to this paragraph, the insurance company may receive a
  238  salvage certificate of title or certificate of destruction from
  239  the department if the insurance company is unable to obtain a
  240  properly assigned certificate of title from the owner or
  241  lienholder of the motor vehicle or mobile home, if the motor
  242  vehicle or mobile home does not carry an electronic lien on the
  243  title and the insurance company:
  244         a. Has obtained the release of all liens on the motor
  245  vehicle or mobile home;
  246         b. Has attested on a form provided by the department that
  247  provided proof of payment of the total loss claim has been
  248  distributed; and
  249         c. Has attested on a form provided by the department and
  250  provided an affidavit on letterhead signed by the insurance
  251  company or its authorized agent stating the attempts that have
  252  been made to obtain the title from the owner or lienholder and
  253  further stating that all attempts are to no avail. The form
  254  affidavit must include a request that the salvage certificate of
  255  title or certificate of destruction be issued in the insurance
  256  company’s name due to payment of a total loss claim to the owner
  257  or lienholder. The attempts to contact the owner may be by
  258  written request delivered in person or by first-class mail with
  259  a certificate of mailing to the owner’s or lienholder’s last
  260  known address.
  261         2. If the owner or lienholder is notified of the request
  262  for title in person, the insurance company must provide an
  263  affidavit attesting to the in-person request for a certificate
  264  of title.
  265         3. The request to the owner or lienholder for the
  266  certificate of title must include a complete description of the
  267  motor vehicle or mobile home and the statement that a total loss
  268  claim has been paid on the motor vehicle or mobile home.
  269         Section 5. Paragraph (b) of subsection (1) of section
  270  320.06, Florida Statutes, as amended by section 1 of chapter
  271  2020-181, Laws of Florida, is amended to read:
  272         320.06 Registration certificates, license plates, and
  273  validation stickers generally.—
  274         (1)
  275         (b)1. Registration license plates bearing a graphic symbol
  276  and the alphanumeric system of identification shall be issued
  277  for a 10-year period. At the end of the 10-year period, upon
  278  renewal, the plate shall be replaced. The department shall
  279  extend the scheduled license plate replacement date from a 6
  280  year period to a 10-year period. The fee for such replacement is
  281  $28, $2.80 of which shall be paid each year before the plate is
  282  replaced, to be credited toward the next $28 replacement fee.
  283  The fees shall be deposited into the Highway Safety Operating
  284  Trust Fund. A credit or refund may not be given for any prior
  285  years’ payments of the prorated replacement fee if the plate is
  286  replaced or surrendered before the end of the 10-year period,
  287  except that a credit may be given if a registrant is required by
  288  the department to replace a license plate under s.
  289  320.08056(8)(a). With each license plate, a validation sticker
  290  shall be issued showing the owner’s birth month, license plate
  291  number, and the year of expiration or the appropriate renewal
  292  period if the owner is not a natural person. The validation
  293  sticker shall be placed on the upper right corner of the license
  294  plate. The license plate and validation sticker shall be issued
  295  based on the applicant’s appropriate renewal period. The
  296  registration period is 12 months, the extended registration
  297  period is 24 months, and all expirations occur based on the
  298  applicant’s appropriate registration period. Rental vehicles
  299  taxed pursuant to s. 320.08(6)(a) may elect a permanent
  300  registration period, provided payment of the appropriate license
  301  taxes and fees occurs annually. A vehicle that has an
  302  apportioned registration shall be issued an annual license plate
  303  and a cab card that denote the declared gross vehicle weight for
  304  each apportioned jurisdiction in which the vehicle is authorized
  305  to operate.
  306         2. In order to retain the efficient administration of the
  307  taxes and fees imposed by this chapter, the 80-cent fee increase
  308  in the replacement fee imposed by chapter 2009-71, Laws of
  309  Florida, is negated as provided in s. 320.0804.
  310         Section 6. Subsection (3) and paragraph (a) of subsection
  311  (10) of section 320.27, Florida Statutes, are amended to read:
  312         320.27 Motor vehicle dealers.—
  313         (3) APPLICATION AND FEE.—The application for the license
  314  shall be in such form as may be prescribed by the department and
  315  shall be subject to such rules with respect thereto as may be so
  316  prescribed by it. Such application shall be verified by oath or
  317  affirmation and shall contain a full statement of the name and
  318  birth date of the person or persons applying therefor; the name
  319  of the firm or copartnership, with the names and places of
  320  residence of all members thereof, if such applicant is a firm or
  321  copartnership; the names and places of residence of the
  322  principal officers, if the applicant is a body corporate or
  323  other artificial body; the name of the state under whose laws
  324  the corporation is organized; the present and former place or
  325  places of residence of the applicant; and prior business in
  326  which the applicant has been engaged and the location thereof.
  327  Such application shall describe the exact location of the place
  328  of business and shall state whether the place of business is
  329  owned by the applicant and when acquired, or, if leased, a true
  330  copy of the lease shall be attached to the application. The
  331  applicant shall certify that the location provides an adequately
  332  equipped office and is not a residence; that the location
  333  affords sufficient unoccupied space upon and within which
  334  adequately to store all motor vehicles offered and displayed for
  335  sale; and that the location is a suitable place where the
  336  applicant can in good faith carry on such business and keep and
  337  maintain books, records, and files necessary to conduct such
  338  business, which shall be available at all reasonable hours to
  339  inspection by the department or any of its inspectors or other
  340  employees. The applicant shall certify that the business of a
  341  motor vehicle dealer is the principal business which shall be
  342  conducted at that location. The application shall contain a
  343  statement that the applicant is either franchised by a
  344  manufacturer of motor vehicles, in which case the name of each
  345  motor vehicle that the applicant is franchised to sell shall be
  346  included, or an independent (nonfranchised) motor vehicle
  347  dealer. The application shall contain other relevant information
  348  as may be required by the department, including evidence that
  349  the applicant is insured under a garage liability insurance
  350  policy or a general liability insurance policy coupled with a
  351  business automobile policy, which shall include, at a minimum,
  352  $25,000 combined single-limit liability coverage including
  353  bodily injury and property damage protection and $10,000
  354  personal injury protection. However, a salvage motor vehicle
  355  dealer as defined in subparagraph (1)(c)5. is exempt from the
  356  requirements for garage liability insurance and personal injury
  357  protection insurance on those vehicles that cannot be legally
  358  operated on roads, highways, or streets in this state. Franchise
  359  dealers must submit a garage liability insurance policy, and all
  360  other dealers must submit a garage liability insurance policy or
  361  a general liability insurance policy coupled with a business
  362  automobile policy. Such policy shall be for the license period,
  363  and evidence of a new or continued policy shall be delivered to
  364  the department at the beginning of each license period. A
  365  licensee shall deliver to the department, in the manner
  366  prescribed by the department, within 10 calendar days after any
  367  renewal or continuation of or change in such policy or within 10
  368  calendar days after any issuance of a new policy, a copy of the
  369  renewed, continued, changed, or new policy. Upon making initial
  370  application, the applicant shall pay to the department a fee of
  371  $300 in addition to any other fees required by law. Applicants
  372  may choose to extend the licensure period for 1 additional year
  373  for a total of 2 years. An initial applicant shall pay to the
  374  department a fee of $300 for the first year and $75 for the
  375  second year, in addition to any other fees required by law. An
  376  applicant for renewal shall pay to the department $75 for a 1
  377  year renewal or $150 for a 2-year renewal, in addition to any
  378  other fees required by law. Upon making an application for a
  379  change of location, the person shall pay a fee of $50 in
  380  addition to any other fees now required by law. The department
  381  shall, in the case of every application for initial licensure,
  382  verify whether certain facts set forth in the application are
  383  true. Each applicant, general partner in the case of a
  384  partnership, or corporate officer and director in the case of a
  385  corporate applicant, must file a set of fingerprints with the
  386  department for the purpose of determining any prior criminal
  387  record or any outstanding warrants. The department shall submit
  388  the fingerprints to the Department of Law Enforcement for state
  389  processing and forwarding to the Federal Bureau of Investigation
  390  for federal processing. The actual cost of state and federal
  391  processing shall be borne by the applicant and is in addition to
  392  the fee for licensure. The department may issue a license to an
  393  applicant pending the results of the fingerprint investigation,
  394  which license is fully revocable if the department subsequently
  395  determines that any facts set forth in the application are not
  396  true or correctly represented.
  397         (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
  398         (a) Annually, before any license shall be issued to a motor
  399  vehicle dealer, the applicant-dealer of new or used motor
  400  vehicles shall deliver to the department a good and sufficient
  401  surety bond or irrevocable letter of credit, executed by the
  402  applicant-dealer as principal, in the sum of $25,000. A licensee
  403  shall deliver to the department, in the manner prescribed by the
  404  department, within 10 calendar days after any renewal or
  405  continuation of or change in such surety bond or irrevocable
  406  letter of credit or within 10 calendar days after any issuance
  407  of a new surety bond or irrevocable letter of credit, a copy of
  408  such renewed, continued, changed, or new surety bond or
  409  irrevocable letter of credit.
  410         Section 7. Section 337.025, Florida Statutes, is amended to
  411  read:
  412         337.025 Innovative transportation projects; department to
  413  establish program.—
  414         (1) The department may establish a program for
  415  transportation projects demonstrating innovative techniques of
  416  highway and bridge design, construction, maintenance, and
  417  finance which have the intended effect of measuring resiliency
  418  and structural integrity and controlling time and cost increases
  419  on construction projects. Such techniques may include, but are
  420  not limited to, state-of-the-art technology for pavement,
  421  safety, and other aspects of highway and bridge design,
  422  construction, and maintenance; innovative bidding and financing
  423  techniques; accelerated construction procedures; and those
  424  techniques that have the potential to reduce project life cycle
  425  costs. To the maximum extent practical, the department must use
  426  the existing process to award and administer construction and
  427  maintenance contracts. When specific innovative techniques are
  428  to be used, the department is not required to adhere to those
  429  provisions of law that would prevent, preclude, or in any way
  430  prohibit the department from using the innovative technique.
  431  However, before using an innovative technique that is
  432  inconsistent with another provision of law, the department must
  433  document in writing the need for the exception and identify what
  434  benefits the traveling public and the affected community are
  435  anticipated to receive. The department may enter into no more
  436  than $120 million in contracts awarded annually for the purposes
  437  authorized by this section.
  438         (2) The annual cap on contracts provided in subsection (1)
  439  does shall not apply to:
  440         (a) Turnpike enterprise projects, and turnpike enterprise
  441  projects shall not be counted toward the department’s annual
  442  cap.
  443         (b) Low-bid design-build milling and resurfacing contracts
  444  Transportation projects funded by the American Recovery and
  445  Reinvestment Act of 2009.
  446         Section 8. Section 337.0262, Florida Statutes, is created
  447  to read:
  448         337.0262Purchase and use of clay, peat, gravel, sand, or
  449  any other solid substance extracted from borrow pits.—
  450         (1)The department, and any contractor or subcontractor of
  451  the department, may not purchase or use any clay, peat, gravel,
  452  sand, or other solid substance extracted from a borrow pit as
  453  defined in s. 378.403 unless:
  454         (a)Certification is provided to the department,
  455  contractor, or subcontractor by the operator of the borrow pit
  456  that it is in compliance with the notice requirements and
  457  substantive requirements of s. 378.801; and
  458         (b)The operator of the borrow pit is in compliance with
  459  the performance standards in s. 378.803, including, but not
  460  limited to, providing proof of currently valid permits required
  461  by the Department of Environmental Protection and the
  462  appropriate water management district.
  463         (2)All contracts and purchase orders executed by the
  464  department, and all subcontracts and purchase orders executed by
  465  contractors or subcontractors after July 1, 2021, must include
  466  specific requirements for compliance with this section.
  467         (3)In the event that the department determines that
  468  substances are being obtained and used from a borrow pit that is
  469  not in compliance with this section, the department must cease
  470  to accept any substances from that borrow pit within 48 hours
  471  after such determination. The department may resume acceptance
  472  of substances from the borrow pit once the borrow pit is in
  473  compliance with this section.
  474         Section 9. Subsections (1), (4), and (7) of section 337.14,
  475  Florida Statutes, are amended to read:
  476         337.14 Application for qualification; certificate of
  477  qualification; restrictions; request for hearing.—
  478         (1) Any contractor desiring to bid for the performance of
  479  any construction contract in excess of $250,000 which the
  480  department proposes to let must first be certified by the
  481  department as qualified pursuant to this section and rules of
  482  the department. The rules of the department must address the
  483  qualification of contractors to bid on construction contracts in
  484  excess of $250,000 and must include requirements with respect to
  485  the equipment, past record, experience, financial resources, and
  486  organizational personnel of the applying contractor which are
  487  necessary to perform the specific class of work for which the
  488  contractor seeks certification. Any contractor who desires to
  489  bid on contracts in excess of $50 million and who is not
  490  qualified and in good standing with the department as of January
  491  1, 2019, must first be certified by the department as qualified
  492  and desires to bid on contracts in excess of $50 million must
  493  have satisfactorily completed two projects, each in excess of
  494  $15 million, for the department or for any other state
  495  department of transportation. The department may limit the
  496  dollar amount of any contract upon which a contractor is
  497  qualified to bid or the aggregate total dollar volume of
  498  contracts such contractor is allowed to have under contract at
  499  any one time. Each applying contractor seeking qualification to
  500  bid on construction contracts in excess of $250,000 shall
  501  furnish the department a statement under oath, on such forms as
  502  the department may prescribe, setting forth detailed information
  503  as required on the application. Each application for
  504  certification must be accompanied by audited, certified
  505  financial statements prepared in accordance with generally
  506  accepted accounting principles and auditing standards by a
  507  certified public accountant licensed in this state or another
  508  state. The audited, certified financial statements must be for
  509  the applying contractor and must have been prepared the latest
  510  annual financial statement of the applying contractor completed
  511  within the immediately preceding last 12 months. The department
  512  may not consider any financial information of the parent entity
  513  of the applying contractor, if any. The department may not
  514  certify as qualified any applying contractor who fails to submit
  515  the audited, certified financial statements required by this
  516  subsection. If the application or the annual financial statement
  517  shows the financial condition of the applying contractor more
  518  than 4 months before prior to the date on which the application
  519  is received by the department, the applicant must also submit an
  520  interim audited, certified financial statements prepared in
  521  accordance with generally accepted accounting principles and
  522  auditing standards by a certified public accountant licensed in
  523  this state or another state statement and an updated application
  524  must be submitted. The interim financial statements statement
  525  must cover the period from the end date of the annual statement
  526  and must show the financial condition of the applying contractor
  527  no more than 4 months before prior to the date that the interim
  528  financial statements are statement is received by the
  529  department. However, upon the request of the applying
  530  contractor, an application and accompanying annual or interim
  531  financial statement received by the department within 15 days
  532  after either 4-month period under this subsection shall be
  533  considered timely. Each required annual or interim financial
  534  statement must be audited and accompanied by the opinion of a
  535  certified public accountant. An applying contractor desiring to
  536  bid exclusively for the performance of construction contracts
  537  with proposed budget estimates of less than $1 million may
  538  submit reviewed annual or reviewed interim financial statements
  539  prepared by a certified public accountant. The information
  540  required by this subsection is confidential and exempt from s.
  541  119.07(1). The department shall act upon the application for
  542  qualification within 30 days after the department determines
  543  that the application is complete. The department may waive the
  544  requirements of this subsection for projects having a contract
  545  price of $500,000 or less if the department determines that the
  546  project is of a noncritical nature and the waiver will not
  547  endanger public health, safety, or property.
  548         (4) If the applicant is found to possess the prescribed
  549  qualifications, the department shall issue to him or her a
  550  certificate of qualification that, unless thereafter revoked by
  551  the department for good cause, will be valid for a period of 18
  552  months after the date of the applicant’s financial statement or
  553  such shorter period as the department prescribes. Submission of
  554  an application and subsequent approval do shall not affect
  555  expiration of the certificate of qualification, the ability
  556  factor of the applicant, or the maximum capacity rating of the
  557  applicant. If the department finds that an application is
  558  incomplete or contains inadequate information or information
  559  that cannot be verified, the department may request in writing
  560  that the applicant provide the necessary information to complete
  561  the application or provide the source from which any information
  562  in the application may be verified. If the applicant fails to
  563  comply with the initial written request within a reasonable
  564  period of time as specified therein, the department shall
  565  request the information a second time. If the applicant fails to
  566  comply with the second request within a reasonable period of
  567  time as specified therein, the application shall be denied.
  568         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  569  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  570  the department under this section may not also qualify under s.
  571  287.055 or s. 337.105 to provide testing services, construction,
  572  engineering, and inspection services to the department. This
  573  limitation does not apply to any design-build prequalification
  574  under s. 337.11(7) and does not apply when the department
  575  otherwise determines by written order entered at least 30 days
  576  before advertisement that the limitation is not in the best
  577  interests of the public with respect to a particular contract
  578  for testing services, construction, engineering, and inspection
  579  services. This subsection does not authorize a contractor to
  580  provide testing services, or provide construction, engineering,
  581  and inspection services, to the department in connection with a
  582  construction contract under which the contractor is performing
  583  any work. Notwithstanding any other provision of law to the
  584  contrary, for a project that is wholly or partially funded by
  585  the department and administered by a local governmental entity,
  586  except for a seaport listed in s. 311.09 or an airport as
  587  defined in s. 332.004, the entity performing design and
  588  construction engineering and inspection services may not be the
  589  same entity.
  590         Section 10. Section 337.185, Florida Statutes, is amended
  591  to read:
  592         (Substantial rewording of section. See
  593         s. 337.185, F.S., for present text.)
  594         337.185State Arbitration Board.—
  595         (1)To facilitate the prompt resolution of claims arising
  596  out of or in connection with a construction or maintenance
  597  contract with the department, the Legislature establishes the
  598  State Arbitration Board, referred to in this section as the
  599  “board.”
  600         (2)As used in this section, the term:
  601         (a)“Claim” means the aggregate of all outstanding written
  602  requests for additional monetary compensation, time, or other
  603  adjustments to the contract, the entitlement or impact of which
  604  is disputed by the department and could not be resolved by
  605  negotiation between the department and the contractor.
  606         (b)“Contractor” means a person or firm having a contract
  607  for rendering services to the department relating to the
  608  construction or maintenance of a transportation facility.
  609         (c)“Final acceptance” means that the contractor has
  610  completely performed the work provided for under the contract,
  611  the department or its agent has determined that the contractor
  612  has satisfactorily completed the work provided for under the
  613  contract, and the department or its agent has submitted written
  614  notice of final acceptance to the contractor.
  615         (3)Every claim in an amount of up to $250,000 per contract
  616  that could not be resolved by negotiation between the department
  617  and the contractor must be arbitrated by the board. An award
  618  issued by the board pursuant to this section is final and
  619  enforceable by a court of law.
  620         (4)The contractor may submit a claim greater than $250,000
  621  up to $1 million per contract or, upon agreement of the parties,
  622  up to $2 million per contract to be arbitrated by the board. An
  623  award issued by the board pursuant to this subsection is final
  624  if a request for a trial de novo is not filed within the time
  625  provided by Rule 1.830, Florida Rules of Civil Procedure. At the
  626  trial de novo, the court may not admit evidence that there has
  627  been an arbitration proceeding, the nature or amount of the
  628  award, or any other matter concerning the conduct of the
  629  arbitration proceeding, except that testimony given at an
  630  arbitration hearing may be used for any purpose otherwise
  631  permitted by the Florida Evidence Code. If a request for trial
  632  de novo is not filed within the time provided, the award issued
  633  by the board is final and enforceable by a court of law.
  634         (5)An arbitration request may not be made to the board
  635  before final acceptance but must be made to the board within 820
  636  days after final acceptance.
  637         (6)The board shall schedule a hearing within 45 days after
  638  an arbitration request and, if possible, shall conduct the
  639  hearing within 90 days after the request. The board may
  640  administer oaths and conduct the proceedings as provided by the
  641  rules of the court. The hearing shall be conducted informally.
  642  Presentation of testimony and evidence shall be kept to a
  643  minimum, and matters shall be presented to the arbitrators
  644  primarily through the statements and arguments of counsel. The
  645  board shall address the scope of discovery, presentation of
  646  testimony, and evidence at a preliminary hearing by considering
  647  the size, subject matter, and complexity of the dispute. Any
  648  party to the arbitration may petition the board, for good cause
  649  shown, to issue subpoenas for the attendance of witnesses and
  650  the production of books, records, documents, and other evidence
  651  at the arbitration and may petition the board for orders
  652  compelling such attendance and production at the arbitration.
  653  Subpoenas shall be served and are enforceable in the manner
  654  provided by law.
  655         (7)The board must issue an award within 45 days after the
  656  conclusion of the arbitration hearing. If all three members of
  657  the board do not agree, the award agreed to by the majority
  658  shall constitute the award of the board.
  659         (8)The board shall be composed of three members. The first
  660  member shall be appointed by the Secretary of Transportation,
  661  and the second member shall be elected by those construction or
  662  maintenance companies that are under contract with the
  663  department. The third member shall be chosen by agreement of the
  664  first and second members. If the first or second member has a
  665  conflict of interest regarding affiliation with one of the
  666  parties to an arbitration hearing, the appointing entity shall
  667  appoint an alternate member for that hearing. If the third
  668  member has such a conflict of interest, the first and second
  669  members shall select an alternate member. Each member shall
  670  serve a 4-year term. The board shall elect a chair for each
  671  term, who shall be the administrator of the board and custodian
  672  of its records.
  673         (9)The presence of all board members is required to
  674  conduct a meeting in person or via videoconferencing.
  675         (10)The members of the board shall receive compensation
  676  for the performance of their duties from deposits made by the
  677  parties based on an estimate of compensation by the board,
  678  except that an employee of the department may not receive
  679  compensation from the board. All deposits will be held in escrow
  680  by the chair in advance of the hearing. Each member eligible for
  681  compensation shall be compensated at $200 per hour, up to a
  682  maximum of $1,500 per day. A member shall be reimbursed for the
  683  actual cost of his or her travel expenses. The board may
  684  allocate funds annually for clerical and other administrative
  685  services.
  686         (11)To cover the cost of administration and initial
  687  compensation of the board, the party requesting arbitration
  688  shall pay a filing fee to the board, according to a schedule
  689  established by the board, of:
  690         (a)Up to $500 for a claim that is $25,000 or less.
  691         (b)Up to $1,000 for a claim that is more than $25,000 but
  692  is $50,000 or less.
  693         (c)Up to $1,500 for a claim that is more than $50,000 but
  694  is $100,000 or less.
  695         (d)Up to $2,000 for a claim that is more than $100,000 but
  696  is $200,000 or less.
  697         (e)Up to $3,000 for a claim that is more than $200,000 but
  698  is $300,000 or less.
  699         (f)Up to $4,000 for a claim that is more than $300,000 but
  700  is $400,000 or less.
  701         (g)Up to $5,000 for a claim that is more than $400,000.
  702  
  703  The board may apportion the filing fees and the cost of
  704  recording and preparing a transcript of the hearing among the
  705  parties in its award.
  706         Section 11. Subsection (3) of section 338.166, Florida
  707  Statutes, is amended to read:
  708         338.166 High-occupancy toll lanes or express lanes.—
  709         (3) Any remaining toll revenue from the high-occupancy toll
  710  lanes or express lanes shall be used by the department for the
  711  construction, maintenance, or improvement of any road or to
  712  support public transportation projects that benefit the
  713  operation of high-occupancy toll lanes or express lanes on the
  714  State Highway System within the county or counties in which the
  715  toll revenues were collected or to support express bus service
  716  on the facility where the toll revenues were collected.
  717         Section 12. Paragraph (f) of subsection (6) of section
  718  339.175, Florida Statutes, is amended to read:
  719         339.175 Metropolitan planning organization.—
  720         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  721  privileges, and authority of an M.P.O. are those specified in
  722  this section or incorporated in an interlocal agreement
  723  authorized under s. 163.01. Each M.P.O. shall perform all acts
  724  required by federal or state laws or rules, now and subsequently
  725  applicable, which are necessary to qualify for federal aid. It
  726  is the intent of this section that each M.P.O. shall be involved
  727  in the planning and programming of transportation facilities,
  728  including, but not limited to, airports, intercity and high
  729  speed rail lines, seaports, and intermodal facilities, to the
  730  extent permitted by state or federal law.
  731         (f)1. The department shall allocate to each M.P.O., for the
  732  purpose of accomplishing its transportation planning and
  733  programming duties, an appropriate amount of federal
  734  transportation planning funds.
  735         2. In a county as defined in s. 125.011(1), the M.P.O. may
  736  not assess any fees for municipalities, counties, or other
  737  governmental entities that are members of the M.P.O.
  738         Section 13. Part III of chapter 343, Florida Statutes,
  739  consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
  740  343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
  741  343.881, 343.884, and 343.89, Florida Statutes, is repealed.
  742         Section 14. Paragraph (c) of subsection (1) of section
  743  348.754, Florida Statutes, is amended to read:
  744         348.754 Purposes and powers.—
  745         (1)
  746         (c) Notwithstanding any other provision of this section to
  747  the contrary, to ensure the continued financial feasibility of
  748  the portion of the Wekiva Parkway to be constructed by the
  749  department, the authority may not, without the prior
  750  consultation with consent of the secretary of the department,
  751  construct any extensions, additions, or improvements to the
  752  expressway system in Lake County.
  753         Section 15. Paragraph (d) of subsection (2) of section
  754  349.04, Florida Statutes, is amended to read:
  755         349.04 Purposes and powers.—
  756         (2) The authority is hereby granted, and shall have and may
  757  exercise all powers necessary, appurtenant, convenient, or
  758  incidental to the carrying out of the aforesaid purposes,
  759  including, but without being limited to, the right and power:
  760         (d) To enter into and make leases for terms not exceeding
  761  99 40 years, as either lessee or lessor, in order to carry out
  762  the right to lease as set forth in this chapter.
  763         Section 16. Present subsections (3) through (19) of section
  764  378.403, Florida Statutes, are redesignated as subsections (4)
  765  through (20), respectively, and a new subsection (3) is added to
  766  that section, to read:
  767         378.403 Definitions.—As used in this part, the term:
  768         (3)“Borrow pit” means an area of land upon which
  769  excavation of surface resources has been conducted, is being
  770  conducted, or is planned to be conducted, as the term is
  771  commonly used in the mining trade, and is not considered a mine.
  772  Such resources are limited to soil, organic soil, sand, or clay
  773  that can be removed with construction excavating equipment and
  774  loaded on a haul truck with no additional processing.
  775         Section 17. Section 378.801, Florida Statutes, is amended
  776  to read:
  777         378.801 Other resources; notice of intent to extract mine
  778  required.—
  779         (1) An No operator may not begin the operation of a borrow
  780  pit, or the process of extracting clay, peat, gravel, sand, or
  781  any other solid substance of commercial value found in natural
  782  deposits or in the earth, except fuller’s earth clay, heavy
  783  minerals, limestone, or phosphate, which are regulated elsewhere
  784  in this chapter, at a new location mine without notifying the
  785  secretary of the intention to extract mine.
  786         (2) The operator’s notice of intent to extract mine shall
  787  consist of the operator’s estimated life of the extraction
  788  location mine and the operator’s signed acknowledgment of the
  789  performance standards provided by s. 378.803.
  790         Section 18. Section 378.802, Florida Statutes, is amended
  791  to read:
  792         378.802 Existing extraction locations mines.—After January
  793  1, 1989, all operators of existing locations mines for the
  794  extraction of resources as described in s. 378.801 shall meet
  795  the performance standards provided by s. 378.803 for any new
  796  surface area disturbed at such locations mines.
  797         Section 19. Subsection (5) of section 479.07, Florida
  798  Statutes, is amended to read:
  799         479.07 Sign permits.—
  800         (5)(a) For each permit issued, the department shall furnish
  801  to the applicant a serially numbered permanent metal permit tag.
  802  The permittee is responsible for maintaining a valid permit tag
  803  on each permitted sign facing at all times. The tag shall be
  804  securely attached to the upper 50 percent of the sign structure,
  805  and attached in such a manner as to be plainly visible from the
  806  main-traveled way. The permit tag must be properly and
  807  permanently displayed at the permitted site within 30 days after
  808  the date of permit issuance. If the permittee fails to erect a
  809  completed sign on the permitted site within 270 days after the
  810  date on which the permit was issued, the permit will be void,
  811  and the department may not issue a new permit to that permittee
  812  for the same location for 270 days after the date on which the
  813  permit becomes void.
  814         (b) If a permit tag is lost, stolen, or destroyed, the
  815  permittee to whom the tag was issued must apply to the
  816  department for a replacement tag. The department shall establish
  817  a service fee for replacement tags in an amount that will
  818  recover the actual cost of providing the replacement tag. Upon
  819  receipt of the application accompanied by the service fee, the
  820  department shall issue a replacement permit tag.
  821         (c)1.As soon as practicable, the department shall create
  822  and implement a publicly accessible electronic database to
  823  include all permits issued by the department. At a minimum, the
  824  database must include the name and contact information of the
  825  permit operator, the structure identification number or numbers,
  826  the panel or face identification number or numbers, the latitude
  827  and longitude of the permitted sign, the compass bearing, images
  828  of the permitted sign once constructed, and the most recent date
  829  the department visually inspected the permitted sign.
  830         2.Once the department creates and implements the publicly
  831  accessible electronic database:
  832         a.The department may not furnish permanent metal permit
  833  tags or replacement tags to permittees;
  834         b.The department may not enforce the provisions relating
  835  to permanent metal permit tags or replacement tags specified in
  836  paragraphs (a) and (b); and
  837         c.Permittees are not required to return permit tags to the
  838  department as provided in subsection (8).
  839         Section 20. Notwithstanding any other law, the Northwest
  840  Florida Transportation Corridor Authority is dissolved. The
  841  authority shall discharge or make provision for the authority’s
  842  debts, obligations, and other liabilities; settle and close the
  843  authority’s activities and affairs; and provide for distribution
  844  of the authority’s assets, or the proceeds of such assets, such
  845  that each local general-purpose government represented on the
  846  authority’s board receives a distribution generally in
  847  proportion to each entity’s contribution to the acquisition of
  848  the assets.
  849         Section 21. This act shall take effect July 1, 2021.

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