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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Enrolled) 2021-04-28 - Message sent to senate [S1194 Detail]

Download: Florida-2021-S1194-Comm_Sub.html
       Florida Senate - 2021               CS for CS for CS for SB 1194
       
       
        
       By the Committees on Rules; Appropriations; and Transportation;
       and Senator Hooper
       
       
       
       
       595-04504-21                                          20211194c3
    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. 318.18, F.S.; providing
   24         fines for certain violations relating to motor vehicle
   25         noise abatement equipment modifications; amending s.
   26         319.30, F.S.; revising conditions under which
   27         insurance companies are authorized to receive salvage
   28         certificates of title or certificates of destruction
   29         for motor vehicles and mobile homes from the
   30         Department of Highway Safety and Motor Vehicles;
   31         amending s. 320.06, F.S.; clarifying that certain
   32         rental vehicles are authorized to elect a permanent
   33         registration period; amending s. 320.27, F.S.;
   34         requiring motor vehicle dealer licensees to deliver
   35         copies of renewed, continued, changed, or new
   36         insurance policies to the department within specified
   37         timeframes under certain conditions; requiring such
   38         licensees to deliver copies of renewed, continued,
   39         changed, or new surety bonds or irrevocable letters of
   40         credit to the department within specified timeframes
   41         under certain conditions; amending s. 337.025, F.S.;
   42         revising the type of transportation project contracts
   43         that are subject to an annual cap; creating s.
   44         337.0262, F.S.; prohibiting the Department of
   45         Transportation and contractors and subcontractors of
   46         the department from purchasing specified substances
   47         from a borrow pit unless specified conditions are
   48         satisfied; requiring certain contracts, subcontracts,
   49         and purchase orders to require compliance with the
   50         prohibition; requiring the department to cease
   51         acceptance of substances from a borrow pit under
   52         certain conditions; authorizing the department to
   53         resume acceptance of such substances under certain
   54         conditions; amending s. 337.14, F.S.; requiring
   55         contractors wishing to bid on certain contracts to
   56         first be certified by the department as qualified;
   57         revising requirements for applying for and issuing a
   58         certificate of qualification; providing construction
   59         with respect to submission and approval of an
   60         application for such certificate; exempting airports
   61         from certain restrictions regarding entities
   62         performing engineering and inspection services;
   63         amending s. 337.185, F.S.; revising and providing
   64         definitions; revising requirements for arbitration of
   65         certain contracts by the State Arbitration Board;
   66         revising requirements regarding arbitration requests,
   67         hearings, procedures, and awards; revising membership
   68         and meeting requirements; revising compensation of
   69         board members; amending s. 338.166, F.S.; requiring
   70         that specified toll revenue be used to support certain
   71         public transportation projects; amending s. 339.175,
   72         F.S.; deleting a provision prohibiting certain
   73         metropolitan planning organizations from assessing any
   74         fees for municipalities, counties, or other
   75         governmental entities that are members of the
   76         organization; repealing part III of ch. 343, F.S.,
   77         relating to the creation and operation of the
   78         Northwest Florida Transportation Corridor Authority;
   79         amending s. 348.754, F.S.; prohibiting the Central
   80         Florida Expressway Authority from constructing any
   81         extensions, additions, or improvements to the Central
   82         Florida Expressway System in Lake County without prior
   83         consultation with, rather than consent of, the
   84         Secretary of Transportation; amending s. 349.04, F.S.;
   85         revising a limitation on the terms of leases that the
   86         Jacksonville Transportation Authority may enter into
   87         and make; amending s. 378.403, F.S.; defining the term
   88         “borrow pit”; amending s. 378.801, F.S.; prohibiting
   89         operation of a borrow pit at a new location without
   90         notifying the Secretary of Environmental Protection of
   91         the intent to extract; conforming provisions to
   92         changes made by the act; amending s. 378.802, F.S.;
   93         revising application of provisions to exclude existing
   94         locations; amending s. 479.07, F.S.; requiring the
   95         department to create and implement a publicly
   96         accessible electronic database for sign permit
   97         information; specifying requirements for the database;
   98         prohibiting the department from furnishing permanent
   99         metal permit tags or replacement tags and from
  100         enforcing specified provisions once the department
  101         creates and implements the database; specifying that
  102         permittees are not required to return permit tags to
  103         the department once the department creates and
  104         implements the database; dissolving the Northwest
  105         Florida Transportation Corridor Authority and
  106         requiring the authority to discharge its liabilities,
  107         settle and close its activities and affairs, and
  108         provide for the distribution of the authority’s
  109         assets; providing an effective date.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Section 177.107, Florida Statutes, is created to
  114  read:
  115         177.107 Closing and abandonment of roads; optional
  116  conveyance to a community development district; traffic control
  117  jurisdiction.—
  118         (1) The governing body of a municipality or county may
  119  abandon the roads and rights-of-way dedicated in a recorded
  120  residential subdivision plat and simultaneously convey the
  121  municipality’s or county’s interest in such roads, rights-of
  122  way, and appurtenant drainage facilities to a community
  123  development district established under chapter 190 in which the
  124  subdivision is located, if all of the following conditions are
  125  met:
  126         (a) The community development district has requested the
  127  abandonment and conveyance by written resolution for the purpose
  128  of converting the subdivision to a gated neighborhood with
  129  monitored public access.
  130         (b) The community development district has received
  131  approval for the conveyance by a vote of two-thirds of the
  132  landowners who are subject to the non-ad valorem assessments of
  133  the community development district and who are present by person
  134  or proxy at a properly noticed landowners meeting.
  135         (c)The community development district has executed an
  136  interlocal agreement with the municipality or county, as
  137  applicable, requiring the community development district to do
  138  all of the following:
  139         1. Maintain the roads and any associated drainage, street
  140  lighting, or sidewalks identified in the interlocal agreement to
  141  municipal or county standards, as applicable.
  142         2. Every 5 years, conduct a reserve study of the roads and
  143  any associated drainage, street lighting, or sidewalks
  144  identified in the interlocal agreement.
  145         3. Levy annual special assessments in amounts sufficient to
  146  maintain the roads and any drainage, street lighting, or
  147  sidewalks identified in the interlocal agreement to municipal or
  148  county standards, as applicable.
  149         4. Annually fund the amounts set forth in the reserve
  150  study.
  151         (2) The community development district shall install,
  152  operate, maintain, repair, and replace all signs, signals,
  153  markings, striping, guardrails, and other traffic control
  154  devices necessary or useful for the roads unless an agreement
  155  has been entered into between the municipality or county and the
  156  community development district, as authorized under s.
  157  316.006(2)(b) and (3)(b), respectively, expressly providing that
  158  the municipality or county has traffic control jurisdiction.
  159         (3) Upon abandonment of the roads and rights-of-way and the
  160  conveyance thereof to the community development district, the
  161  community development district shall have all the rights, title,
  162  and interest in the roads and rights-of-way, including all
  163  appurtenant drainage facilities, as were previously vested in
  164  the municipality or county. Thereafter, the community
  165  development district shall hold the roads and rights-of-way in
  166  trust for the benefit of the public and owners of the property
  167  in the subdivision and shall operate, maintain, repair, and from
  168  time to time replace and reconstruct the roads and any
  169  associated street lighting, sidewalks, or drainage facilities
  170  identified in the interlocal agreement as necessary to ensure
  171  their use and enjoyment by the public and property owners,
  172  tenants, and residents of the subdivision and their guests and
  173  invitees.
  174         (4) The provisions of this section are supplemental and
  175  additional to the powers of municipalities and counties.
  176         Section 2. Section 287.05705, Florida Statutes, is created
  177  to read:
  178         287.05705Procurements of road, bridge, and other specified
  179  public construction services.—
  180         (1)With respect to competitive solicitations for the
  181  procurement of contractual services that are limited to the
  182  classes of work for which the Department of Transportation
  183  issues certificates of qualification pursuant to s. 337.14, and
  184  which services do not involve the construction, remodeling,
  185  repair, or improvement of any building, a governmental entity
  186  procuring such services may not prohibit a response from a
  187  vendor possessing a valid certificate of qualification under s.
  188  337.14 or license under chapter 489 corresponding to the
  189  contractual services being procured.
  190         (2)This section applies to all competitive solicitations
  191  issued by a governmental entity on or after October 1, 2021.
  192         Section 3. Subsections (5) and (7) of section 316.2397,
  193  Florida Statutes, are amended to read:
  194         316.2397 Certain lights prohibited; exceptions.—
  195         (5) Road maintenance and construction equipment and
  196  vehicles may display flashing white lights or flashing white
  197  strobe lights when in operation and where a hazard exists.
  198  Construction equipment in a work zone on roadways with a posted
  199  speed limit of 55 miles per hour or higher may show or display a
  200  combination of flashing green, amber, and red lights in
  201  conjunction with periods when workers are present. Additionally,
  202  school buses and vehicles that are used to transport farm
  203  workers may display flashing white strobe lights.
  204         (7) Flashing lights are prohibited on vehicles except:
  205         (a) As a means of indicating a right or left turn, to
  206  change lanes, or to indicate that the vehicle is lawfully
  207  stopped or disabled upon the highway;
  208         (b) When a motorist intermittently flashes his or her
  209  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  210  motorist’s intent for doing so;
  211         (c)During periods of extremely low visibility on roadways
  212  with a posted speed limit of 55 miles per hour or higher; and
  213         (d)(c) For the lamps authorized under subsections (1), (2),
  214  (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
  215  flash.
  216         Section 4. Subsection (23) is added to section 318.18,
  217  Florida Statutes, to read:
  218         318.18 Amount of penalties.—The penalties required for a
  219  noncriminal disposition pursuant to s. 318.14 or a criminal
  220  offense listed in s. 318.17 are as follows:
  221         (23) In addition to any penalties imposed, a fine of $200
  222  for a first offense and a fine of $500 for a second or
  223  subsequent offense for a violation of s. 316.293(5).
  224         Section 5. Paragraph (b) of subsection (3) of section
  225  319.30, Florida Statutes, is amended to read:
  226         319.30 Definitions; dismantling, destruction, change of
  227  identity of motor vehicle or mobile home; salvage.—
  228         (3)
  229         (b) The owner, including persons who are self-insured, of a
  230  motor vehicle or mobile home that is considered to be salvage
  231  shall, within 72 hours after the motor vehicle or mobile home
  232  becomes salvage, forward the title to the motor vehicle or
  233  mobile home to the department for processing. However, an
  234  insurance company that pays money as compensation for the total
  235  loss of a motor vehicle or mobile home shall obtain the
  236  certificate of title for the motor vehicle or mobile home, make
  237  the required notification to the National Motor Vehicle Title
  238  Information System, and, within 72 hours after receiving such
  239  certificate of title, forward such title by the United States
  240  Postal Service, by another commercial delivery service, or by
  241  electronic means, when such means are made available by the
  242  department, to the department for processing. The owner or
  243  insurance company, as applicable, may not dispose of a vehicle
  244  or mobile home that is a total loss before it obtains a salvage
  245  certificate of title or certificate of destruction from the
  246  department. Effective January 1, 2020:
  247         1. Thirty days after payment of a claim for compensation
  248  pursuant to this paragraph, the insurance company may receive a
  249  salvage certificate of title or certificate of destruction from
  250  the department if the insurance company is unable to obtain a
  251  properly assigned certificate of title from the owner or
  252  lienholder of the motor vehicle or mobile home, if the motor
  253  vehicle or mobile home does not carry an electronic lien on the
  254  title and the insurance company:
  255         a. Has obtained the release of all liens on the motor
  256  vehicle or mobile home;
  257         b. Has attested on a form provided by the department that
  258  provided proof of payment of the total loss claim has been
  259  distributed; and
  260         c. Has attested on a form provided by the department and
  261  provided an affidavit on letterhead signed by the insurance
  262  company or its authorized agent stating the attempts that have
  263  been made to obtain the title from the owner or lienholder and
  264  further stating that all attempts are to no avail. The form
  265  affidavit must include a request that the salvage certificate of
  266  title or certificate of destruction be issued in the insurance
  267  company’s name due to payment of a total loss claim to the owner
  268  or lienholder. The attempts to contact the owner may be by
  269  written request delivered in person or by first-class mail with
  270  a certificate of mailing to the owner’s or lienholder’s last
  271  known address.
  272         2. If the owner or lienholder is notified of the request
  273  for title in person, the insurance company must provide an
  274  affidavit attesting to the in-person request for a certificate
  275  of title.
  276         3. The request to the owner or lienholder for the
  277  certificate of title must include a complete description of the
  278  motor vehicle or mobile home and the statement that a total loss
  279  claim has been paid on the motor vehicle or mobile home.
  280         Section 6. Paragraph (b) of subsection (1) of section
  281  320.06, Florida Statutes, as amended by section 1 of chapter
  282  2020-181, Laws of Florida, is amended to read:
  283         320.06 Registration certificates, license plates, and
  284  validation stickers generally.—
  285         (1)
  286         (b)1. Registration license plates bearing a graphic symbol
  287  and the alphanumeric system of identification shall be issued
  288  for a 10-year period. At the end of the 10-year period, upon
  289  renewal, the plate shall be replaced. The department shall
  290  extend the scheduled license plate replacement date from a 6
  291  year period to a 10-year period. The fee for such replacement is
  292  $28, $2.80 of which shall be paid each year before the plate is
  293  replaced, to be credited toward the next $28 replacement fee.
  294  The fees shall be deposited into the Highway Safety Operating
  295  Trust Fund. A credit or refund may not be given for any prior
  296  years’ payments of the prorated replacement fee if the plate is
  297  replaced or surrendered before the end of the 10-year period,
  298  except that a credit may be given if a registrant is required by
  299  the department to replace a license plate under s.
  300  320.08056(8)(a). With each license plate, a validation sticker
  301  shall be issued showing the owner’s birth month, license plate
  302  number, and the year of expiration or the appropriate renewal
  303  period if the owner is not a natural person. The validation
  304  sticker shall be placed on the upper right corner of the license
  305  plate. The license plate and validation sticker shall be issued
  306  based on the applicant’s appropriate renewal period. The
  307  registration period is 12 months, the extended registration
  308  period is 24 months, and all expirations occur based on the
  309  applicant’s appropriate registration period. Rental vehicles
  310  taxed pursuant to s. 320.08(6)(a) may elect a permanent
  311  registration period, provided payment of the appropriate license
  312  taxes and fees occurs annually. A vehicle that has an
  313  apportioned registration shall be issued an annual license plate
  314  and a cab card that denote the declared gross vehicle weight for
  315  each apportioned jurisdiction in which the vehicle is authorized
  316  to operate.
  317         2. In order to retain the efficient administration of the
  318  taxes and fees imposed by this chapter, the 80-cent fee increase
  319  in the replacement fee imposed by chapter 2009-71, Laws of
  320  Florida, is negated as provided in s. 320.0804.
  321         Section 7. Subsection (3) and paragraph (a) of subsection
  322  (10) of section 320.27, Florida Statutes, are amended to read:
  323         320.27 Motor vehicle dealers.—
  324         (3) APPLICATION AND FEE.—The application for the license
  325  shall be in such form as may be prescribed by the department and
  326  shall be subject to such rules with respect thereto as may be so
  327  prescribed by it. Such application shall be verified by oath or
  328  affirmation and shall contain a full statement of the name and
  329  birth date of the person or persons applying therefor; the name
  330  of the firm or copartnership, with the names and places of
  331  residence of all members thereof, if such applicant is a firm or
  332  copartnership; the names and places of residence of the
  333  principal officers, if the applicant is a body corporate or
  334  other artificial body; the name of the state under whose laws
  335  the corporation is organized; the present and former place or
  336  places of residence of the applicant; and prior business in
  337  which the applicant has been engaged and the location thereof.
  338  Such application shall describe the exact location of the place
  339  of business and shall state whether the place of business is
  340  owned by the applicant and when acquired, or, if leased, a true
  341  copy of the lease shall be attached to the application. The
  342  applicant shall certify that the location provides an adequately
  343  equipped office and is not a residence; that the location
  344  affords sufficient unoccupied space upon and within which
  345  adequately to store all motor vehicles offered and displayed for
  346  sale; and that the location is a suitable place where the
  347  applicant can in good faith carry on such business and keep and
  348  maintain books, records, and files necessary to conduct such
  349  business, which shall be available at all reasonable hours to
  350  inspection by the department or any of its inspectors or other
  351  employees. The applicant shall certify that the business of a
  352  motor vehicle dealer is the principal business which shall be
  353  conducted at that location. The application shall contain a
  354  statement that the applicant is either franchised by a
  355  manufacturer of motor vehicles, in which case the name of each
  356  motor vehicle that the applicant is franchised to sell shall be
  357  included, or an independent (nonfranchised) motor vehicle
  358  dealer. The application shall contain other relevant information
  359  as may be required by the department, including evidence that
  360  the applicant is insured under a garage liability insurance
  361  policy or a general liability insurance policy coupled with a
  362  business automobile policy, which shall include, at a minimum,
  363  $25,000 combined single-limit liability coverage including
  364  bodily injury and property damage protection and $10,000
  365  personal injury protection. However, a salvage motor vehicle
  366  dealer as defined in subparagraph (1)(c)5. is exempt from the
  367  requirements for garage liability insurance and personal injury
  368  protection insurance on those vehicles that cannot be legally
  369  operated on roads, highways, or streets in this state. Franchise
  370  dealers must submit a garage liability insurance policy, and all
  371  other dealers must submit a garage liability insurance policy or
  372  a general liability insurance policy coupled with a business
  373  automobile policy. Such policy shall be for the license period,
  374  and evidence of a new or continued policy shall be delivered to
  375  the department at the beginning of each license period. A
  376  licensee shall deliver to the department, in the manner
  377  prescribed by the department, within 10 calendar days after any
  378  renewal or continuation of or change in such policy or within 10
  379  calendar days after any issuance of a new policy, a copy of the
  380  renewed, continued, changed, or new policy. Upon making initial
  381  application, the applicant shall pay to the department a fee of
  382  $300 in addition to any other fees required by law. Applicants
  383  may choose to extend the licensure period for 1 additional year
  384  for a total of 2 years. An initial applicant shall pay to the
  385  department a fee of $300 for the first year and $75 for the
  386  second year, in addition to any other fees required by law. An
  387  applicant for renewal shall pay to the department $75 for a 1
  388  year renewal or $150 for a 2-year renewal, in addition to any
  389  other fees required by law. Upon making an application for a
  390  change of location, the person shall pay a fee of $50 in
  391  addition to any other fees now required by law. The department
  392  shall, in the case of every application for initial licensure,
  393  verify whether certain facts set forth in the application are
  394  true. Each applicant, general partner in the case of a
  395  partnership, or corporate officer and director in the case of a
  396  corporate applicant, must file a set of fingerprints with the
  397  department for the purpose of determining any prior criminal
  398  record or any outstanding warrants. The department shall submit
  399  the fingerprints to the Department of Law Enforcement for state
  400  processing and forwarding to the Federal Bureau of Investigation
  401  for federal processing. The actual cost of state and federal
  402  processing shall be borne by the applicant and is in addition to
  403  the fee for licensure. The department may issue a license to an
  404  applicant pending the results of the fingerprint investigation,
  405  which license is fully revocable if the department subsequently
  406  determines that any facts set forth in the application are not
  407  true or correctly represented.
  408         (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
  409         (a) Annually, before any license shall be issued to a motor
  410  vehicle dealer, the applicant-dealer of new or used motor
  411  vehicles shall deliver to the department a good and sufficient
  412  surety bond or irrevocable letter of credit, executed by the
  413  applicant-dealer as principal, in the sum of $25,000. A licensee
  414  shall deliver to the department, in the manner prescribed by the
  415  department, within 10 calendar days after any renewal or
  416  continuation of or change in such surety bond or irrevocable
  417  letter of credit or within 10 calendar days after any issuance
  418  of a new surety bond or irrevocable letter of credit, a copy of
  419  such renewed, continued, changed, or new surety bond or
  420  irrevocable letter of credit.
  421         Section 8. Section 337.025, Florida Statutes, is amended to
  422  read:
  423         337.025 Innovative transportation projects; department to
  424  establish program.—
  425         (1) The department may establish a program for
  426  transportation projects demonstrating innovative techniques of
  427  highway and bridge design, construction, maintenance, and
  428  finance which have the intended effect of measuring resiliency
  429  and structural integrity and controlling time and cost increases
  430  on construction projects. Such techniques may include, but are
  431  not limited to, state-of-the-art technology for pavement,
  432  safety, and other aspects of highway and bridge design,
  433  construction, and maintenance; innovative bidding and financing
  434  techniques; accelerated construction procedures; and those
  435  techniques that have the potential to reduce project life cycle
  436  costs. To the maximum extent practical, the department must use
  437  the existing process to award and administer construction and
  438  maintenance contracts. When specific innovative techniques are
  439  to be used, the department is not required to adhere to those
  440  provisions of law that would prevent, preclude, or in any way
  441  prohibit the department from using the innovative technique.
  442  However, before using an innovative technique that is
  443  inconsistent with another provision of law, the department must
  444  document in writing the need for the exception and identify what
  445  benefits the traveling public and the affected community are
  446  anticipated to receive. The department may enter into no more
  447  than $120 million in contracts awarded annually for the purposes
  448  authorized by this section.
  449         (2) The annual cap on contracts provided in subsection (1)
  450  does shall not apply to:
  451         (a) Turnpike enterprise projects, and turnpike enterprise
  452  projects shall not be counted toward the department’s annual
  453  cap.
  454         (b) Low-bid design-build milling and resurfacing contracts
  455  Transportation projects funded by the American Recovery and
  456  Reinvestment Act of 2009.
  457         Section 9. Section 337.0262, Florida Statutes, is created
  458  to read:
  459         337.0262Purchase and use of clay, peat, gravel, sand, or
  460  any other solid substance extracted from borrow pits.—
  461         (1)The department, and any contractor or subcontractor of
  462  the department, may not purchase or use any clay, peat, gravel,
  463  sand, or other solid substance extracted from a borrow pit as
  464  defined in s. 378.403 unless:
  465         (a)Certification is provided to the department,
  466  contractor, or subcontractor by the operator of the borrow pit
  467  that it is in compliance with the notice requirements and
  468  substantive requirements of s. 378.801; and
  469         (b)The operator of the borrow pit is in compliance with
  470  the performance standards in s. 378.803, including, but not
  471  limited to, providing proof of currently valid permits required
  472  by the Department of Environmental Protection and the
  473  appropriate water management district.
  474         (2)All contracts and purchase orders executed by the
  475  department, and all subcontracts and purchase orders executed by
  476  contractors or subcontractors after July 1, 2021, must include
  477  specific requirements for compliance with this section.
  478         (3)In the event that the department determines that
  479  substances are being obtained and used from a borrow pit that is
  480  not in compliance with this section, the department must cease
  481  to accept any substances from that borrow pit within 48 hours
  482  after such determination. The department may resume acceptance
  483  of substances from the borrow pit once the borrow pit is in
  484  compliance with this section.
  485         Section 10. Subsections (1), (4), and (7) of section
  486  337.14, Florida Statutes, are amended to read:
  487         337.14 Application for qualification; certificate of
  488  qualification; restrictions; request for hearing.—
  489         (1) Any contractor desiring to bid for the performance of
  490  any construction contract in excess of $250,000 which the
  491  department proposes to let must first be certified by the
  492  department as qualified pursuant to this section and rules of
  493  the department. The rules of the department must address the
  494  qualification of contractors to bid on construction contracts in
  495  excess of $250,000 and must include requirements with respect to
  496  the equipment, past record, experience, financial resources, and
  497  organizational personnel of the applying contractor which are
  498  necessary to perform the specific class of work for which the
  499  contractor seeks certification. Any contractor who desires to
  500  bid on contracts in excess of $50 million and who is not
  501  qualified and in good standing with the department as of January
  502  1, 2019, must first be certified by the department as qualified
  503  and desires to bid on contracts in excess of $50 million must
  504  have satisfactorily completed two projects, each in excess of
  505  $15 million, for the department or for any other state
  506  department of transportation. The department may limit the
  507  dollar amount of any contract upon which a contractor is
  508  qualified to bid or the aggregate total dollar volume of
  509  contracts such contractor is allowed to have under contract at
  510  any one time. Each applying contractor seeking qualification to
  511  bid on construction contracts in excess of $250,000 shall
  512  furnish the department a statement under oath, on such forms as
  513  the department may prescribe, setting forth detailed information
  514  as required on the application. Each application for
  515  certification must be accompanied by audited, certified
  516  financial statements prepared in accordance with generally
  517  accepted accounting principles and auditing standards by a
  518  certified public accountant licensed in this state or another
  519  state. The audited, certified financial statements must be for
  520  the applying contractor and must have been prepared the latest
  521  annual financial statement of the applying contractor completed
  522  within the immediately preceding last 12 months. The department
  523  may not consider any financial information of the parent entity
  524  of the applying contractor, if any. The department may not
  525  certify as qualified any applying contractor who fails to submit
  526  the audited, certified financial statements required by this
  527  subsection. If the application or the annual financial statement
  528  shows the financial condition of the applying contractor more
  529  than 4 months before prior to the date on which the application
  530  is received by the department, the applicant must also submit an
  531  interim audited, certified financial statements prepared in
  532  accordance with generally accepted accounting principles and
  533  auditing standards by a certified public accountant licensed in
  534  this state or another state statement and an updated application
  535  must be submitted. The interim financial statements statement
  536  must cover the period from the end date of the annual statement
  537  and must show the financial condition of the applying contractor
  538  no more than 4 months before prior to the date that the interim
  539  financial statements are statement is received by the
  540  department. However, upon the request of the applying
  541  contractor, an application and accompanying annual or interim
  542  financial statement received by the department within 15 days
  543  after either 4-month period under this subsection shall be
  544  considered timely. Each required annual or interim financial
  545  statement must be audited and accompanied by the opinion of a
  546  certified public accountant. An applying contractor desiring to
  547  bid exclusively for the performance of construction contracts
  548  with proposed budget estimates of less than $1 million may
  549  submit reviewed annual or reviewed interim financial statements
  550  prepared by a certified public accountant. The information
  551  required by this subsection is confidential and exempt from s.
  552  119.07(1). The department shall act upon the application for
  553  qualification within 30 days after the department determines
  554  that the application is complete. The department may waive the
  555  requirements of this subsection for projects having a contract
  556  price of $500,000 or less if the department determines that the
  557  project is of a noncritical nature and the waiver will not
  558  endanger public health, safety, or property.
  559         (4) If the applicant is found to possess the prescribed
  560  qualifications, the department shall issue to him or her a
  561  certificate of qualification that, unless thereafter revoked by
  562  the department for good cause, will be valid for a period of 18
  563  months after the date of the applicant’s financial statement or
  564  such shorter period as the department prescribes. Submission of
  565  an application and subsequent approval do shall not affect
  566  expiration of the certificate of qualification, the ability
  567  factor of the applicant, or the maximum capacity rating of the
  568  applicant. If the department finds that an application is
  569  incomplete or contains inadequate information or information
  570  that cannot be verified, the department may request in writing
  571  that the applicant provide the necessary information to complete
  572  the application or provide the source from which any information
  573  in the application may be verified. If the applicant fails to
  574  comply with the initial written request within a reasonable
  575  period of time as specified therein, the department shall
  576  request the information a second time. If the applicant fails to
  577  comply with the second request within a reasonable period of
  578  time as specified therein, the application shall be denied.
  579         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  580  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  581  the department under this section may not also qualify under s.
  582  287.055 or s. 337.105 to provide testing services, construction,
  583  engineering, and inspection services to the department. This
  584  limitation does not apply to any design-build prequalification
  585  under s. 337.11(7) and does not apply when the department
  586  otherwise determines by written order entered at least 30 days
  587  before advertisement that the limitation is not in the best
  588  interests of the public with respect to a particular contract
  589  for testing services, construction, engineering, and inspection
  590  services. This subsection does not authorize a contractor to
  591  provide testing services, or provide construction, engineering,
  592  and inspection services, to the department in connection with a
  593  construction contract under which the contractor is performing
  594  any work. Notwithstanding any other provision of law to the
  595  contrary, for a project that is wholly or partially funded by
  596  the department and administered by a local governmental entity,
  597  except for a seaport listed in s. 311.09 or an airport as
  598  defined in s. 332.004, the entity performing design and
  599  construction engineering and inspection services may not be the
  600  same entity.
  601         Section 11. Section 337.185, Florida Statutes, is amended
  602  to read:
  603         (Substantial rewording of section. See
  604         s. 337.185, F.S., for present text.)
  605         337.185State Arbitration Board.—
  606         (1)To facilitate the prompt resolution of claims arising
  607  out of or in connection with a construction or maintenance
  608  contract with the department, the Legislature establishes the
  609  State Arbitration Board, referred to in this section as the
  610  “board.”
  611         (2)As used in this section, the term:
  612         (a)“Claim” means the aggregate of all outstanding written
  613  requests for additional monetary compensation, time, or other
  614  adjustments to the contract, the entitlement or impact of which
  615  is disputed by the department and could not be resolved by
  616  negotiation between the department and the contractor.
  617         (b)“Contractor” means a person or firm having a contract
  618  for rendering services to the department relating to the
  619  construction or maintenance of a transportation facility.
  620         (c)“Final acceptance” means that the contractor has
  621  completely performed the work provided for under the contract,
  622  the department or its agent has determined that the contractor
  623  has satisfactorily completed the work provided for under the
  624  contract, and the department or its agent has submitted written
  625  notice of final acceptance to the contractor.
  626         (3)Every claim in an amount of up to $250,000 per contract
  627  that could not be resolved by negotiation between the department
  628  and the contractor must be arbitrated by the board. An award
  629  issued by the board pursuant to this section is final and
  630  enforceable by a court of law.
  631         (4)The contractor may submit a claim greater than $250,000
  632  up to $1 million per contract or, upon agreement of the parties,
  633  up to $2 million per contract to be arbitrated by the board. An
  634  award issued by the board pursuant to this subsection is final
  635  if a request for a trial de novo is not filed within the time
  636  provided by Rule 1.830, Florida Rules of Civil Procedure. At the
  637  trial de novo, the court may not admit evidence that there has
  638  been an arbitration proceeding, the nature or amount of the
  639  award, or any other matter concerning the conduct of the
  640  arbitration proceeding, except that testimony given at an
  641  arbitration hearing may be used for any purpose otherwise
  642  permitted by the Florida Evidence Code. If a request for trial
  643  de novo is not filed within the time provided, the award issued
  644  by the board is final and enforceable by a court of law.
  645         (5)An arbitration request may not be made to the board
  646  before final acceptance but must be made to the board within 820
  647  days after final acceptance.
  648         (6)The board shall schedule a hearing within 45 days after
  649  an arbitration request and, if possible, shall conduct the
  650  hearing within 90 days after the request. The board may
  651  administer oaths and conduct the proceedings as provided by the
  652  rules of the court. The hearing shall be conducted informally.
  653  Presentation of testimony and evidence shall be kept to a
  654  minimum, and matters shall be presented to the arbitrators
  655  primarily through the statements and arguments of counsel. The
  656  board shall address the scope of discovery, presentation of
  657  testimony, and evidence at a preliminary hearing by considering
  658  the size, subject matter, and complexity of the dispute. Any
  659  party to the arbitration may petition the board, for good cause
  660  shown, to issue subpoenas for the attendance of witnesses and
  661  the production of books, records, documents, and other evidence
  662  at the arbitration and may petition the board for orders
  663  compelling such attendance and production at the arbitration.
  664  Subpoenas shall be served and are enforceable in the manner
  665  provided by law.
  666         (7)The board must issue an award within 45 days after the
  667  conclusion of the arbitration hearing. If all three members of
  668  the board do not agree, the award agreed to by the majority
  669  shall constitute the award of the board.
  670         (8)The board shall be composed of three members. The first
  671  member shall be appointed by the Secretary of Transportation,
  672  and the second member shall be elected by those construction or
  673  maintenance companies that are under contract with the
  674  department. The third member shall be chosen by agreement of the
  675  first and second members. If the first or second member has a
  676  conflict of interest regarding affiliation with one of the
  677  parties to an arbitration hearing, the appointing entity shall
  678  appoint an alternate member for that hearing. If the third
  679  member has such a conflict of interest, the first and second
  680  members shall select an alternate member. Each member shall
  681  serve a 4-year term. The board shall elect a chair for each
  682  term, who shall be the administrator of the board and custodian
  683  of its records.
  684         (9)The presence of all board members is required to
  685  conduct a meeting in person or via videoconferencing.
  686         (10)The members of the board shall receive compensation
  687  for the performance of their duties from deposits made by the
  688  parties based on an estimate of compensation by the board,
  689  except that an employee of the department may not receive
  690  compensation from the board. All deposits will be held in escrow
  691  by the chair in advance of the hearing. Each member eligible for
  692  compensation shall be compensated at $200 per hour, up to a
  693  maximum of $1,500 per day. A member shall be reimbursed for the
  694  actual cost of his or her travel expenses. The board may
  695  allocate funds annually for clerical and other administrative
  696  services.
  697         (11)To cover the cost of administration and initial
  698  compensation of the board, the party requesting arbitration
  699  shall pay a filing fee to the board, according to a schedule
  700  established by the board, of:
  701         (a)Up to $500 for a claim that is $25,000 or less.
  702         (b)Up to $1,000 for a claim that is more than $25,000 but
  703  is $50,000 or less.
  704         (c)Up to $1,500 for a claim that is more than $50,000 but
  705  is $100,000 or less.
  706         (d)Up to $2,000 for a claim that is more than $100,000 but
  707  is $200,000 or less.
  708         (e)Up to $3,000 for a claim that is more than $200,000 but
  709  is $300,000 or less.
  710         (f)Up to $4,000 for a claim that is more than $300,000 but
  711  is $400,000 or less.
  712         (g)Up to $5,000 for a claim that is more than $400,000.
  713  
  714  The board may apportion the filing fees and the cost of
  715  recording and preparing a transcript of the hearing among the
  716  parties in its award.
  717         Section 12. Subsection (3) of section 338.166, Florida
  718  Statutes, is amended to read:
  719         338.166 High-occupancy toll lanes or express lanes.—
  720         (3) Any remaining toll revenue from the high-occupancy toll
  721  lanes or express lanes shall be used by the department for the
  722  construction, maintenance, or improvement of any road or to
  723  support public transportation projects that benefit the
  724  operation of high-occupancy toll lanes or express lanes on the
  725  State Highway System within the county or counties in which the
  726  toll revenues were collected or to support express bus service
  727  on the facility where the toll revenues were collected.
  728         Section 13. Paragraph (f) of subsection (6) of section
  729  339.175, Florida Statutes, is amended to read:
  730         339.175 Metropolitan planning organization.—
  731         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  732  privileges, and authority of an M.P.O. are those specified in
  733  this section or incorporated in an interlocal agreement
  734  authorized under s. 163.01. Each M.P.O. shall perform all acts
  735  required by federal or state laws or rules, now and subsequently
  736  applicable, which are necessary to qualify for federal aid. It
  737  is the intent of this section that each M.P.O. shall be involved
  738  in the planning and programming of transportation facilities,
  739  including, but not limited to, airports, intercity and high
  740  speed rail lines, seaports, and intermodal facilities, to the
  741  extent permitted by state or federal law.
  742         (f)1. The department shall allocate to each M.P.O., for the
  743  purpose of accomplishing its transportation planning and
  744  programming duties, an appropriate amount of federal
  745  transportation planning funds.
  746         2. In a county as defined in s. 125.011(1), the M.P.O. may
  747  not assess any fees for municipalities, counties, or other
  748  governmental entities that are members of the M.P.O.
  749         Section 14. Part III of chapter 343, Florida Statutes,
  750  consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
  751  343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
  752  343.881, 343.884, and 343.89, Florida Statutes, is repealed.
  753         Section 15. Paragraph (c) of subsection (1) of section
  754  348.754, Florida Statutes, is amended to read:
  755         348.754 Purposes and powers.—
  756         (1)
  757         (c) Notwithstanding any other provision of this section to
  758  the contrary, to ensure the continued financial feasibility of
  759  the portion of the Wekiva Parkway to be constructed by the
  760  department, the authority may not, without the prior
  761  consultation with consent of the secretary of the department,
  762  construct any extensions, additions, or improvements to the
  763  expressway system in Lake County.
  764         Section 16. Paragraph (d) of subsection (2) of section
  765  349.04, Florida Statutes, is amended to read:
  766         349.04 Purposes and powers.—
  767         (2) The authority is hereby granted, and shall have and may
  768  exercise all powers necessary, appurtenant, convenient, or
  769  incidental to the carrying out of the aforesaid purposes,
  770  including, but without being limited to, the right and power:
  771         (d) To enter into and make leases for terms not exceeding
  772  99 40 years, as either lessee or lessor, in order to carry out
  773  the right to lease as set forth in this chapter.
  774         Section 17. Present subsections (3) through (19) of section
  775  378.403, Florida Statutes, are redesignated as subsections (4)
  776  through (20), respectively, and a new subsection (3) is added to
  777  that section, to read:
  778         378.403 Definitions.—As used in this part, the term:
  779         (3)“Borrow pit” means an area of land upon which
  780  excavation of surface resources has been conducted, is being
  781  conducted, or is planned to be conducted, as the term is
  782  commonly used in the mining trade, and is not considered a mine.
  783  Such resources are limited to soil, organic soil, sand, or clay
  784  that can be removed with construction excavating equipment and
  785  loaded on a haul truck with no additional processing.
  786         Section 18. Section 378.801, Florida Statutes, is amended
  787  to read:
  788         378.801 Other resources; notice of intent to extract mine
  789  required.—
  790         (1) An No operator may not begin the operation of a borrow
  791  pit, or the process of extracting clay, peat, gravel, sand, or
  792  any other solid substance of commercial value found in natural
  793  deposits or in the earth, except fuller’s earth clay, heavy
  794  minerals, limestone, or phosphate, which are regulated elsewhere
  795  in this chapter, at a new location mine without notifying the
  796  secretary of the intention to extract mine.
  797         (2) The operator’s notice of intent to extract mine shall
  798  consist of the operator’s estimated life of the extraction
  799  location mine and the operator’s signed acknowledgment of the
  800  performance standards provided by s. 378.803.
  801         Section 19. Section 378.802, Florida Statutes, is amended
  802  to read:
  803         378.802 Existing extraction locations mines.—After January
  804  1, 1989, all operators of existing locations mines for the
  805  extraction of resources as described in s. 378.801 shall meet
  806  the performance standards provided by s. 378.803 for any new
  807  surface area disturbed at such locations mines.
  808         Section 20. Subsection (5) of section 479.07, Florida
  809  Statutes, is amended to read:
  810         479.07 Sign permits.—
  811         (5)(a) For each permit issued, the department shall furnish
  812  to the applicant a serially numbered permanent metal permit tag.
  813  The permittee is responsible for maintaining a valid permit tag
  814  on each permitted sign facing at all times. The tag shall be
  815  securely attached to the upper 50 percent of the sign structure,
  816  and attached in such a manner as to be plainly visible from the
  817  main-traveled way. The permit tag must be properly and
  818  permanently displayed at the permitted site within 30 days after
  819  the date of permit issuance. If the permittee fails to erect a
  820  completed sign on the permitted site within 270 days after the
  821  date on which the permit was issued, the permit will be void,
  822  and the department may not issue a new permit to that permittee
  823  for the same location for 270 days after the date on which the
  824  permit becomes void.
  825         (b) If a permit tag is lost, stolen, or destroyed, the
  826  permittee to whom the tag was issued must apply to the
  827  department for a replacement tag. The department shall establish
  828  a service fee for replacement tags in an amount that will
  829  recover the actual cost of providing the replacement tag. Upon
  830  receipt of the application accompanied by the service fee, the
  831  department shall issue a replacement permit tag.
  832         (c)1.As soon as practicable, the department shall create
  833  and implement a publicly accessible electronic database to
  834  include all permits issued by the department. At a minimum, the
  835  database must include the name and contact information of the
  836  permit operator, the structure identification number or numbers,
  837  the panel or face identification number or numbers, the latitude
  838  and longitude of the permitted sign, the compass bearing, images
  839  of the permitted sign once constructed, and the most recent date
  840  the department visually inspected the permitted sign.
  841         2.Once the department creates and implements the publicly
  842  accessible electronic database:
  843         a.The department may not furnish permanent metal permit
  844  tags or replacement tags to permittees;
  845         b.The department may not enforce the provisions relating
  846  to permanent metal permit tags or replacement tags specified in
  847  paragraphs (a) and (b); and
  848         c.Permittees are not required to return permit tags to the
  849  department as provided in subsection (8).
  850         Section 21. Notwithstanding any other law, the Northwest
  851  Florida Transportation Corridor Authority is dissolved. The
  852  authority shall discharge or make provision for the authority’s
  853  debts, obligations, and other liabilities; settle and close the
  854  authority’s activities and affairs; and provide for distribution
  855  of the authority’s assets, or the proceeds of such assets, such
  856  that each local general-purpose government represented on the
  857  authority’s board receives a distribution generally in
  858  proportion to each entity’s contribution to the acquisition of
  859  the assets.
  860         Section 22. This act shall take effect July 1, 2021.

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