Bill Text: FL S1194 | 2021 | Regular Session | Enrolled


Bill Title: Transportation

Spectrum: Slight Partisan Bill (? 3-1)

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

Download: Florida-2021-S1194-Enrolled.html
       ENROLLED
       2021 Legislature     CS for CS for CS for SB 1194, 2nd Engrossed
       
       
       
       
       
       
                                                             20211194er
    1  
    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; renaming the Tampa Bay Area Regional
   77         Transit Authority Metropolitan Planning Organization
   78         Chairs Coordinating Committee as the Chairs
   79         Coordinating Committee; deleting a requirement that
   80         the Tampa Bay Area Regional Transit Authority provide
   81         the committee with administrative support and
   82         direction; amending s. 343.92, F.S.; providing that a
   83         mayor’s designated alternate may be a member of the
   84         governing board of the authority; requiring that the
   85         alternate be an elected member of the city council of
   86         the mayor’s municipality and be approved by the
   87         municipality’s city council; requiring a mayor’s
   88         designated alternate to attend meetings under certain
   89         circumstances, in which case the alternate has full
   90         voting rights; providing that a simple majority of
   91         board members constitutes a quorum and that a simple
   92         majority of those members present is necessary for any
   93         action to be taken; deleting obsolete language;
   94         amending s. 343.922, F.S.; revising a provision
   95         requiring the authority to present the regional
   96         transit development plan and updates to specified
   97         entities; deleting a provision requiring that the
   98         authority coordinate plans and projects with the
   99         TBARTA Metropolitan Planning Organization Chairs
  100         Coordinating Committee and participate in the regional
  101         M.P.O. planning process to ensure regional
  102         comprehension of the authority’s mission, goals, and
  103         objectives; deleting a provision requiring that the
  104         authority provide administrative support and direction
  105         to the TBARTA Metropolitan Planning Organization
  106         Chairs Coordinating Committee; repealing part III of
  107         ch. 343, F.S., relating to the creation and operation
  108         of the Northwest Florida Transportation Corridor
  109         Authority; creating s. 311.25, F.S.; prohibiting a
  110         local ballot initiative or referendum from restricting
  111         maritime commerce in the seaports of this state;
  112         providing that such a local ballot initiative,
  113         referendum, or action adopted therein is prohibited,
  114         void, and expressly preempted to the state; providing
  115         for severability; amending s. 348.0304, F.S.; revising
  116         membership of the governing body of the Greater Miami
  117         Expressway Agency; amending s. 348.754, F.S.;
  118         prohibiting the Central Florida Expressway Authority
  119         from constructing any extensions, additions, or
  120         improvements to the Central Florida Expressway System
  121         in Lake County without prior consultation with, rather
  122         than consent of, the Secretary of Transportation;
  123         amending s. 349.04, F.S.; revising a limitation on the
  124         terms of leases that the Jacksonville Transportation
  125         Authority may enter into and make; amending s.
  126         378.403, F.S.; defining the term “borrow pit”;
  127         amending s. 378.801, F.S.; prohibiting operation of a
  128         borrow pit at a new location without notifying the
  129         Secretary of Environmental Protection of the intent to
  130         extract; conforming provisions to changes made by the
  131         act; amending s. 378.802, F.S.; revising application
  132         of provisions to exclude existing locations; amending
  133         s. 479.07, F.S.; requiring the department to create
  134         and implement a publicly accessible electronic
  135         database for sign permit information; specifying
  136         requirements for the database; prohibiting the
  137         department from furnishing permanent metal permit tags
  138         or replacement tags and from enforcing specified
  139         provisions once the department creates and implements
  140         the database; specifying that permittees are not
  141         required to return permit tags to the department once
  142         the department creates and implements the database;
  143         dissolving the Northwest Florida Transportation
  144         Corridor Authority and requiring the authority to
  145         discharge its liabilities, settle and close its
  146         activities and affairs, and provide for the
  147         distribution of the authority’s assets; providing an
  148         effective date.
  149          
  150  Be It Enacted by the Legislature of the State of Florida:
  151  
  152         Section 1. Section 177.107, Florida Statutes, is created to
  153  read:
  154         177.107 Closing and abandonment of roads; optional
  155  conveyance to a community development district; traffic control
  156  jurisdiction.—
  157         (1) The governing body of a municipality or county may
  158  abandon the roads and rights-of-way dedicated in a recorded
  159  residential subdivision plat and simultaneously convey the
  160  municipality’s or county’s interest in such roads, rights-of
  161  way, and appurtenant drainage facilities to a community
  162  development district established under chapter 190 in which the
  163  subdivision is located, if all of the following conditions are
  164  met:
  165         (a) The community development district has requested the
  166  abandonment and conveyance by written resolution for the purpose
  167  of converting the subdivision to a gated neighborhood with
  168  monitored public access.
  169         (b) The community development district has received
  170  approval for the conveyance by a vote of two-thirds of the
  171  landowners who are subject to the non-ad valorem assessments of
  172  the community development district and who are present by person
  173  or proxy at a properly noticed landowners meeting.
  174         (c)The community development district has executed an
  175  interlocal agreement with the municipality or county, as
  176  applicable, requiring the community development district to do
  177  all of the following:
  178         1. Maintain the roads and any associated drainage, street
  179  lighting, or sidewalks identified in the interlocal agreement to
  180  municipal or county standards, as applicable.
  181         2. Every 5 years, conduct a reserve study of the roads and
  182  any associated drainage, street lighting, or sidewalks
  183  identified in the interlocal agreement.
  184         3. Levy annual special assessments in amounts sufficient to
  185  maintain the roads and any drainage, street lighting, or
  186  sidewalks identified in the interlocal agreement to municipal or
  187  county standards, as applicable.
  188         4. Annually fund the amounts set forth in the reserve
  189  study.
  190         (2) The community development district shall install,
  191  operate, maintain, repair, and replace all signs, signals,
  192  markings, striping, guardrails, and other traffic control
  193  devices necessary or useful for the roads unless an agreement
  194  has been entered into between the municipality or county and the
  195  community development district, as authorized under s.
  196  316.006(2)(b) and (3)(b), respectively, expressly providing that
  197  the municipality or county has traffic control jurisdiction.
  198         (3) Upon abandonment of the roads and rights-of-way and the
  199  conveyance thereof to the community development district, the
  200  community development district shall have all the rights, title,
  201  and interest in the roads and rights-of-way, including all
  202  appurtenant drainage facilities, as were previously vested in
  203  the municipality or county. Thereafter, the community
  204  development district shall hold the roads and rights-of-way in
  205  trust for the benefit of the public and owners of the property
  206  in the subdivision and shall operate, maintain, repair, and from
  207  time to time replace and reconstruct the roads and any
  208  associated street lighting, sidewalks, or drainage facilities
  209  identified in the interlocal agreement as necessary to ensure
  210  their use and enjoyment by the public and property owners,
  211  tenants, and residents of the subdivision and their guests and
  212  invitees.
  213         (4) The provisions of this section are supplemental and
  214  additional to the powers of municipalities and counties.
  215         Section 2. Section 287.05705, Florida Statutes, is created
  216  to read:
  217         287.05705Procurements of road, bridge, and other specified
  218  public construction services.—
  219         (1)With respect to competitive solicitations for the
  220  procurement of contractual services that are limited to the
  221  classes of work for which the Department of Transportation
  222  issues certificates of qualification pursuant to s. 337.14, and
  223  which services do not involve the construction, remodeling,
  224  repair, or improvement of any building, a governmental entity
  225  procuring such services may not prohibit a response from a
  226  vendor possessing a valid certificate of qualification under s.
  227  337.14 or license under chapter 489 corresponding to the
  228  contractual services being procured.
  229         (2)This section applies to all competitive solicitations
  230  issued by a governmental entity on or after October 1, 2021.
  231         Section 3. Subsections (5) and (7) of section 316.2397,
  232  Florida Statutes, are amended to read:
  233         316.2397 Certain lights prohibited; exceptions.—
  234         (5) Road maintenance and construction equipment and
  235  vehicles may display flashing white lights or flashing white
  236  strobe lights when in operation and where a hazard exists.
  237  Construction equipment in a work zone on roadways with a posted
  238  speed limit of 55 miles per hour or higher may show or display a
  239  combination of flashing green, amber, and red lights in
  240  conjunction with periods when workers are present. Additionally,
  241  school buses and vehicles that are used to transport farm
  242  workers may display flashing white strobe lights.
  243         (7) Flashing lights are prohibited on vehicles except:
  244         (a) As a means of indicating a right or left turn, to
  245  change lanes, or to indicate that the vehicle is lawfully
  246  stopped or disabled upon the highway;
  247         (b) When a motorist intermittently flashes his or her
  248  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  249  motorist’s intent for doing so;
  250         (c)During periods of extremely low visibility on roadways
  251  with a posted speed limit of 55 miles per hour or higher; and
  252         (d)(c) For the lamps authorized under subsections (1), (2),
  253  (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
  254  flash.
  255         Section 4. Subsection (23) is added to section 318.18,
  256  Florida Statutes, to read:
  257         318.18 Amount of penalties.—The penalties required for a
  258  noncriminal disposition pursuant to s. 318.14 or a criminal
  259  offense listed in s. 318.17 are as follows:
  260         (23) In addition to any penalties imposed, a fine of $200
  261  for a first offense and a fine of $500 for a second or
  262  subsequent offense for a violation of s. 316.293(5).
  263         Section 5. Paragraph (b) of subsection (3) of section
  264  319.30, Florida Statutes, is amended to read:
  265         319.30 Definitions; dismantling, destruction, change of
  266  identity of motor vehicle or mobile home; salvage.—
  267         (3)
  268         (b) The owner, including persons who are self-insured, of a
  269  motor vehicle or mobile home that is considered to be salvage
  270  shall, within 72 hours after the motor vehicle or mobile home
  271  becomes salvage, forward the title to the motor vehicle or
  272  mobile home to the department for processing. However, an
  273  insurance company that pays money as compensation for the total
  274  loss of a motor vehicle or mobile home shall obtain the
  275  certificate of title for the motor vehicle or mobile home, make
  276  the required notification to the National Motor Vehicle Title
  277  Information System, and, within 72 hours after receiving such
  278  certificate of title, forward such title by the United States
  279  Postal Service, by another commercial delivery service, or by
  280  electronic means, when such means are made available by the
  281  department, to the department for processing. The owner or
  282  insurance company, as applicable, may not dispose of a vehicle
  283  or mobile home that is a total loss before it obtains a salvage
  284  certificate of title or certificate of destruction from the
  285  department. Effective January 1, 2020:
  286         1. Thirty days after payment of a claim for compensation
  287  pursuant to this paragraph, the insurance company may receive a
  288  salvage certificate of title or certificate of destruction from
  289  the department if the insurance company is unable to obtain a
  290  properly assigned certificate of title from the owner or
  291  lienholder of the motor vehicle or mobile home, if the motor
  292  vehicle or mobile home does not carry an electronic lien on the
  293  title and the insurance company:
  294         a. Has obtained the release of all liens on the motor
  295  vehicle or mobile home;
  296         b. Has attested on a form provided by the department that
  297  provided proof of payment of the total loss claim has been
  298  distributed; and
  299         c. Has attested on a form provided by the department and
  300  provided an affidavit on letterhead signed by the insurance
  301  company or its authorized agent stating the attempts that have
  302  been made to obtain the title from the owner or lienholder and
  303  further stating that all attempts are to no avail. The form
  304  affidavit must include a request that the salvage certificate of
  305  title or certificate of destruction be issued in the insurance
  306  company’s name due to payment of a total loss claim to the owner
  307  or lienholder. The attempts to contact the owner may be by
  308  written request delivered in person or by first-class mail with
  309  a certificate of mailing to the owner’s or lienholder’s last
  310  known address.
  311         2. If the owner or lienholder is notified of the request
  312  for title in person, the insurance company must provide an
  313  affidavit attesting to the in-person request for a certificate
  314  of title.
  315         3. The request to the owner or lienholder for the
  316  certificate of title must include a complete description of the
  317  motor vehicle or mobile home and the statement that a total loss
  318  claim has been paid on the motor vehicle or mobile home.
  319         Section 6. Paragraph (b) of subsection (1) of section
  320  320.06, Florida Statutes, as amended by section 1 of chapter
  321  2020-181, Laws of Florida, is amended to read:
  322         320.06 Registration certificates, license plates, and
  323  validation stickers generally.—
  324         (1)
  325         (b)1. Registration license plates bearing a graphic symbol
  326  and the alphanumeric system of identification shall be issued
  327  for a 10-year period. At the end of the 10-year period, upon
  328  renewal, the plate shall be replaced. The department shall
  329  extend the scheduled license plate replacement date from a 6
  330  year period to a 10-year period. The fee for such replacement is
  331  $28, $2.80 of which shall be paid each year before the plate is
  332  replaced, to be credited toward the next $28 replacement fee.
  333  The fees shall be deposited into the Highway Safety Operating
  334  Trust Fund. A credit or refund may not be given for any prior
  335  years’ payments of the prorated replacement fee if the plate is
  336  replaced or surrendered before the end of the 10-year period,
  337  except that a credit may be given if a registrant is required by
  338  the department to replace a license plate under s.
  339  320.08056(8)(a). With each license plate, a validation sticker
  340  shall be issued showing the owner’s birth month, license plate
  341  number, and the year of expiration or the appropriate renewal
  342  period if the owner is not a natural person. The validation
  343  sticker shall be placed on the upper right corner of the license
  344  plate. The license plate and validation sticker shall be issued
  345  based on the applicant’s appropriate renewal period. The
  346  registration period is 12 months, the extended registration
  347  period is 24 months, and all expirations occur based on the
  348  applicant’s appropriate registration period. Rental vehicles
  349  taxed pursuant to s. 320.08(6)(a) may elect a permanent
  350  registration period, provided payment of the appropriate license
  351  taxes and fees occurs annually. A vehicle that has an
  352  apportioned registration shall be issued an annual license plate
  353  and a cab card that denote the declared gross vehicle weight for
  354  each apportioned jurisdiction in which the vehicle is authorized
  355  to operate.
  356         2. In order to retain the efficient administration of the
  357  taxes and fees imposed by this chapter, the 80-cent fee increase
  358  in the replacement fee imposed by chapter 2009-71, Laws of
  359  Florida, is negated as provided in s. 320.0804.
  360         Section 7. Subsection (3) and paragraph (a) of subsection
  361  (10) of section 320.27, Florida Statutes, are amended to read:
  362         320.27 Motor vehicle dealers.—
  363         (3) APPLICATION AND FEE.—The application for the license
  364  shall be in such form as may be prescribed by the department and
  365  shall be subject to such rules with respect thereto as may be so
  366  prescribed by it. Such application shall be verified by oath or
  367  affirmation and shall contain a full statement of the name and
  368  birth date of the person or persons applying therefor; the name
  369  of the firm or copartnership, with the names and places of
  370  residence of all members thereof, if such applicant is a firm or
  371  copartnership; the names and places of residence of the
  372  principal officers, if the applicant is a body corporate or
  373  other artificial body; the name of the state under whose laws
  374  the corporation is organized; the present and former place or
  375  places of residence of the applicant; and prior business in
  376  which the applicant has been engaged and the location thereof.
  377  Such application shall describe the exact location of the place
  378  of business and shall state whether the place of business is
  379  owned by the applicant and when acquired, or, if leased, a true
  380  copy of the lease shall be attached to the application. The
  381  applicant shall certify that the location provides an adequately
  382  equipped office and is not a residence; that the location
  383  affords sufficient unoccupied space upon and within which
  384  adequately to store all motor vehicles offered and displayed for
  385  sale; and that the location is a suitable place where the
  386  applicant can in good faith carry on such business and keep and
  387  maintain books, records, and files necessary to conduct such
  388  business, which shall be available at all reasonable hours to
  389  inspection by the department or any of its inspectors or other
  390  employees. The applicant shall certify that the business of a
  391  motor vehicle dealer is the principal business which shall be
  392  conducted at that location. The application shall contain a
  393  statement that the applicant is either franchised by a
  394  manufacturer of motor vehicles, in which case the name of each
  395  motor vehicle that the applicant is franchised to sell shall be
  396  included, or an independent (nonfranchised) motor vehicle
  397  dealer. The application shall contain other relevant information
  398  as may be required by the department, including evidence that
  399  the applicant is insured under a garage liability insurance
  400  policy or a general liability insurance policy coupled with a
  401  business automobile policy, which shall include, at a minimum,
  402  $25,000 combined single-limit liability coverage including
  403  bodily injury and property damage protection and $10,000
  404  personal injury protection. However, a salvage motor vehicle
  405  dealer as defined in subparagraph (1)(c)5. is exempt from the
  406  requirements for garage liability insurance and personal injury
  407  protection insurance on those vehicles that cannot be legally
  408  operated on roads, highways, or streets in this state. Franchise
  409  dealers must submit a garage liability insurance policy, and all
  410  other dealers must submit a garage liability insurance policy or
  411  a general liability insurance policy coupled with a business
  412  automobile policy. Such policy shall be for the license period,
  413  and evidence of a new or continued policy shall be delivered to
  414  the department at the beginning of each license period. A
  415  licensee shall deliver to the department, in the manner
  416  prescribed by the department, within 10 calendar days after any
  417  renewal or continuation of or change in such policy or within 10
  418  calendar days after any issuance of a new policy, a copy of the
  419  renewed, continued, changed, or new policy. Upon making initial
  420  application, the applicant shall pay to the department a fee of
  421  $300 in addition to any other fees required by law. Applicants
  422  may choose to extend the licensure period for 1 additional year
  423  for a total of 2 years. An initial applicant shall pay to the
  424  department a fee of $300 for the first year and $75 for the
  425  second year, in addition to any other fees required by law. An
  426  applicant for renewal shall pay to the department $75 for a 1
  427  year renewal or $150 for a 2-year renewal, in addition to any
  428  other fees required by law. Upon making an application for a
  429  change of location, the person shall pay a fee of $50 in
  430  addition to any other fees now required by law. The department
  431  shall, in the case of every application for initial licensure,
  432  verify whether certain facts set forth in the application are
  433  true. Each applicant, general partner in the case of a
  434  partnership, or corporate officer and director in the case of a
  435  corporate applicant, must file a set of fingerprints with the
  436  department for the purpose of determining any prior criminal
  437  record or any outstanding warrants. The department shall submit
  438  the fingerprints to the Department of Law Enforcement for state
  439  processing and forwarding to the Federal Bureau of Investigation
  440  for federal processing. The actual cost of state and federal
  441  processing shall be borne by the applicant and is in addition to
  442  the fee for licensure. The department may issue a license to an
  443  applicant pending the results of the fingerprint investigation,
  444  which license is fully revocable if the department subsequently
  445  determines that any facts set forth in the application are not
  446  true or correctly represented.
  447         (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
  448         (a) Annually, before any license shall be issued to a motor
  449  vehicle dealer, the applicant-dealer of new or used motor
  450  vehicles shall deliver to the department a good and sufficient
  451  surety bond or irrevocable letter of credit, executed by the
  452  applicant-dealer as principal, in the sum of $25,000. A licensee
  453  shall deliver to the department, in the manner prescribed by the
  454  department, within 10 calendar days after any renewal or
  455  continuation of or change in such surety bond or irrevocable
  456  letter of credit or within 10 calendar days after any issuance
  457  of a new surety bond or irrevocable letter of credit, a copy of
  458  such renewed, continued, changed, or new surety bond or
  459  irrevocable letter of credit.
  460         Section 8. Section 337.025, Florida Statutes, is amended to
  461  read:
  462         337.025 Innovative transportation projects; department to
  463  establish program.—
  464         (1) The department may establish a program for
  465  transportation projects demonstrating innovative techniques of
  466  highway and bridge design, construction, maintenance, and
  467  finance which have the intended effect of measuring resiliency
  468  and structural integrity and controlling time and cost increases
  469  on construction projects. Such techniques may include, but are
  470  not limited to, state-of-the-art technology for pavement,
  471  safety, and other aspects of highway and bridge design,
  472  construction, and maintenance; innovative bidding and financing
  473  techniques; accelerated construction procedures; and those
  474  techniques that have the potential to reduce project life cycle
  475  costs. To the maximum extent practical, the department must use
  476  the existing process to award and administer construction and
  477  maintenance contracts. When specific innovative techniques are
  478  to be used, the department is not required to adhere to those
  479  provisions of law that would prevent, preclude, or in any way
  480  prohibit the department from using the innovative technique.
  481  However, before using an innovative technique that is
  482  inconsistent with another provision of law, the department must
  483  document in writing the need for the exception and identify what
  484  benefits the traveling public and the affected community are
  485  anticipated to receive. The department may enter into no more
  486  than $120 million in contracts awarded annually for the purposes
  487  authorized by this section.
  488         (2) The annual cap on contracts provided in subsection (1)
  489  does shall not apply to:
  490         (a) Turnpike enterprise projects, and turnpike enterprise
  491  projects shall not be counted toward the department’s annual
  492  cap.
  493         (b) Low-bid design-build milling and resurfacing contracts
  494  Transportation projects funded by the American Recovery and
  495  Reinvestment Act of 2009.
  496         Section 9. Section 337.0262, Florida Statutes, is created
  497  to read:
  498         337.0262Purchase and use of clay, peat, gravel, sand, or
  499  any other solid substance extracted from borrow pits.—
  500         (1)The department, and any contractor or subcontractor of
  501  the department, may not purchase or use any clay, peat, gravel,
  502  sand, or other solid substance extracted from a borrow pit as
  503  defined in s. 378.403 unless:
  504         (a)Certification is provided to the department,
  505  contractor, or subcontractor by the operator of the borrow pit
  506  that it is in compliance with the notice requirements and
  507  substantive requirements of s. 378.801; and
  508         (b)The operator of the borrow pit is in compliance with
  509  the performance standards in s. 378.803, including, but not
  510  limited to, providing proof of currently valid permits required
  511  by the Department of Environmental Protection and the
  512  appropriate water management district.
  513         (2)All contracts and purchase orders executed by the
  514  department, and all subcontracts and purchase orders executed by
  515  contractors or subcontractors after July 1, 2021, must include
  516  specific requirements for compliance with this section.
  517         (3)In the event that the department determines that
  518  substances are being obtained and used from a borrow pit that is
  519  not in compliance with this section, the department must cease
  520  to accept any substances from that borrow pit within 48 hours
  521  after such determination. The department may resume acceptance
  522  of substances from the borrow pit once the borrow pit is in
  523  compliance with this section.
  524         Section 10. Subsections (1), (4), and (7) of section
  525  337.14, Florida Statutes, are amended to read:
  526         337.14 Application for qualification; certificate of
  527  qualification; restrictions; request for hearing.—
  528         (1) Any contractor desiring to bid for the performance of
  529  any construction contract in excess of $250,000 which the
  530  department proposes to let must first be certified by the
  531  department as qualified pursuant to this section and rules of
  532  the department. The rules of the department must address the
  533  qualification of contractors to bid on construction contracts in
  534  excess of $250,000 and must include requirements with respect to
  535  the equipment, past record, experience, financial resources, and
  536  organizational personnel of the applying contractor which are
  537  necessary to perform the specific class of work for which the
  538  contractor seeks certification. Any contractor who desires to
  539  bid on contracts in excess of $50 million and who is not
  540  qualified and in good standing with the department as of January
  541  1, 2019, must first be certified by the department as qualified
  542  and desires to bid on contracts in excess of $50 million must
  543  have satisfactorily completed two projects, each in excess of
  544  $15 million, for the department or for any other state
  545  department of transportation. The department may limit the
  546  dollar amount of any contract upon which a contractor is
  547  qualified to bid or the aggregate total dollar volume of
  548  contracts such contractor is allowed to have under contract at
  549  any one time. Each applying contractor seeking qualification to
  550  bid on construction contracts in excess of $250,000 shall
  551  furnish the department a statement under oath, on such forms as
  552  the department may prescribe, setting forth detailed information
  553  as required on the application. Each application for
  554  certification must be accompanied by audited, certified
  555  financial statements prepared in accordance with generally
  556  accepted accounting principles and auditing standards by a
  557  certified public accountant licensed in this state or another
  558  state. The audited, certified financial statements must be for
  559  the applying contractor and must have been prepared the latest
  560  annual financial statement of the applying contractor completed
  561  within the immediately preceding last 12 months. The department
  562  may not consider any financial information of the parent entity
  563  of the applying contractor, if any. The department may not
  564  certify as qualified any applying contractor who fails to submit
  565  the audited, certified financial statements required by this
  566  subsection. If the application or the annual financial statement
  567  shows the financial condition of the applying contractor more
  568  than 4 months before prior to the date on which the application
  569  is received by the department, the applicant must also submit an
  570  interim audited, certified financial statements prepared in
  571  accordance with generally accepted accounting principles and
  572  auditing standards by a certified public accountant licensed in
  573  this state or another state statement and an updated application
  574  must be submitted. The interim financial statements statement
  575  must cover the period from the end date of the annual statement
  576  and must show the financial condition of the applying contractor
  577  no more than 4 months before prior to the date that the interim
  578  financial statements are statement is received by the
  579  department. However, upon the request of the applying
  580  contractor, an application and accompanying annual or interim
  581  financial statement received by the department within 15 days
  582  after either 4-month period under this subsection shall be
  583  considered timely. Each required annual or interim financial
  584  statement must be audited and accompanied by the opinion of a
  585  certified public accountant. An applying contractor desiring to
  586  bid exclusively for the performance of construction contracts
  587  with proposed budget estimates of less than $1 million may
  588  submit reviewed annual or reviewed interim financial statements
  589  prepared by a certified public accountant. The information
  590  required by this subsection is confidential and exempt from s.
  591  119.07(1). The department shall act upon the application for
  592  qualification within 30 days after the department determines
  593  that the application is complete. The department may waive the
  594  requirements of this subsection for projects having a contract
  595  price of $500,000 or less if the department determines that the
  596  project is of a noncritical nature and the waiver will not
  597  endanger public health, safety, or property.
  598         (4) If the applicant is found to possess the prescribed
  599  qualifications, the department shall issue to him or her a
  600  certificate of qualification that, unless thereafter revoked by
  601  the department for good cause, will be valid for a period of 18
  602  months after the date of the applicant’s financial statement or
  603  such shorter period as the department prescribes. Submission of
  604  an application and subsequent approval do shall not affect
  605  expiration of the certificate of qualification, the ability
  606  factor of the applicant, or the maximum capacity rating of the
  607  applicant. If the department finds that an application is
  608  incomplete or contains inadequate information or information
  609  that cannot be verified, the department may request in writing
  610  that the applicant provide the necessary information to complete
  611  the application or provide the source from which any information
  612  in the application may be verified. If the applicant fails to
  613  comply with the initial written request within a reasonable
  614  period of time as specified therein, the department shall
  615  request the information a second time. If the applicant fails to
  616  comply with the second request within a reasonable period of
  617  time as specified therein, the application shall be denied.
  618         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  619  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  620  the department under this section may not also qualify under s.
  621  287.055 or s. 337.105 to provide testing services, construction,
  622  engineering, and inspection services to the department. This
  623  limitation does not apply to any design-build prequalification
  624  under s. 337.11(7) and does not apply when the department
  625  otherwise determines by written order entered at least 30 days
  626  before advertisement that the limitation is not in the best
  627  interests of the public with respect to a particular contract
  628  for testing services, construction, engineering, and inspection
  629  services. This subsection does not authorize a contractor to
  630  provide testing services, or provide construction, engineering,
  631  and inspection services, to the department in connection with a
  632  construction contract under which the contractor is performing
  633  any work. Notwithstanding any other provision of law to the
  634  contrary, for a project that is wholly or partially funded by
  635  the department and administered by a local governmental entity,
  636  except for a seaport listed in s. 311.09 or an airport as
  637  defined in s. 332.004, the entity performing design and
  638  construction engineering and inspection services may not be the
  639  same entity.
  640         Section 11. Section 337.185, Florida Statutes, is amended
  641  to read:
  642         (Substantial rewording of section. See
  643         s. 337.185, F.S., for present text.)
  644         337.185State Arbitration Board.—
  645         (1)To facilitate the prompt resolution of claims arising
  646  out of or in connection with a construction or maintenance
  647  contract with the department, the Legislature establishes the
  648  State Arbitration Board, referred to in this section as the
  649  “board.”
  650         (2)As used in this section, the term:
  651         (a)“Claim” means the aggregate of all outstanding written
  652  requests for additional monetary compensation, time, or other
  653  adjustments to the contract, the entitlement or impact of which
  654  is disputed by the department and could not be resolved by
  655  negotiation between the department and the contractor.
  656         (b)“Contractor” means a person or firm having a contract
  657  for rendering services to the department relating to the
  658  construction or maintenance of a transportation facility.
  659         (c)“Final acceptance” means that the contractor has
  660  completely performed the work provided for under the contract,
  661  the department or its agent has determined that the contractor
  662  has satisfactorily completed the work provided for under the
  663  contract, and the department or its agent has submitted written
  664  notice of final acceptance to the contractor.
  665         (3)Every claim in an amount of up to $250,000 per contract
  666  that could not be resolved by negotiation between the department
  667  and the contractor must be arbitrated by the board. An award
  668  issued by the board pursuant to this section is final and
  669  enforceable by a court of law.
  670         (4)The contractor may submit a claim greater than $250,000
  671  up to $1 million per contract or, upon agreement of the parties,
  672  up to $2 million per contract to be arbitrated by the board. An
  673  award issued by the board pursuant to this subsection is final
  674  if a request for a trial de novo is not filed within the time
  675  provided by Rule 1.830, Florida Rules of Civil Procedure. At the
  676  trial de novo, the court may not admit evidence that there has
  677  been an arbitration proceeding, the nature or amount of the
  678  award, or any other matter concerning the conduct of the
  679  arbitration proceeding, except that testimony given at an
  680  arbitration hearing may be used for any purpose otherwise
  681  permitted by the Florida Evidence Code. If a request for trial
  682  de novo is not filed within the time provided, the award issued
  683  by the board is final and enforceable by a court of law.
  684         (5)An arbitration request may not be made to the board
  685  before final acceptance but must be made to the board within 820
  686  days after final acceptance.
  687         (6)The board shall schedule a hearing within 45 days after
  688  an arbitration request and, if possible, shall conduct the
  689  hearing within 90 days after the request. The board may
  690  administer oaths and conduct the proceedings as provided by the
  691  rules of the court. The hearing shall be conducted informally.
  692  Presentation of testimony and evidence shall be kept to a
  693  minimum, and matters shall be presented to the arbitrators
  694  primarily through the statements and arguments of counsel. The
  695  board shall address the scope of discovery, presentation of
  696  testimony, and evidence at a preliminary hearing by considering
  697  the size, subject matter, and complexity of the dispute. Any
  698  party to the arbitration may petition the board, for good cause
  699  shown, to issue subpoenas for the attendance of witnesses and
  700  the production of books, records, documents, and other evidence
  701  at the arbitration and may petition the board for orders
  702  compelling such attendance and production at the arbitration.
  703  Subpoenas shall be served and are enforceable in the manner
  704  provided by law.
  705         (7)The board must issue an award within 45 days after the
  706  conclusion of the arbitration hearing. If all three members of
  707  the board do not agree, the award agreed to by the majority
  708  shall constitute the award of the board.
  709         (8)The board shall be composed of three members. The first
  710  member shall be appointed by the Secretary of Transportation,
  711  and the second member shall be elected by those construction or
  712  maintenance companies that are under contract with the
  713  department. The third member shall be chosen by agreement of the
  714  first and second members. If the first or second member has a
  715  conflict of interest regarding affiliation with one of the
  716  parties to an arbitration hearing, the appointing entity shall
  717  appoint an alternate member for that hearing. If the third
  718  member has such a conflict of interest, the first and second
  719  members shall select an alternate member. Each member shall
  720  serve a 4-year term. The board shall elect a chair for each
  721  term, who shall be the administrator of the board and custodian
  722  of its records.
  723         (9)The presence of all board members is required to
  724  conduct a meeting in person or via videoconferencing.
  725         (10)The members of the board shall receive compensation
  726  for the performance of their duties from deposits made by the
  727  parties based on an estimate of compensation by the board,
  728  except that an employee of the department may not receive
  729  compensation from the board. All deposits will be held in escrow
  730  by the chair in advance of the hearing. Each member eligible for
  731  compensation shall be compensated at $200 per hour, up to a
  732  maximum of $1,500 per day. A member shall be reimbursed for the
  733  actual cost of his or her travel expenses. The board may
  734  allocate funds annually for clerical and other administrative
  735  services.
  736         (11)To cover the cost of administration and initial
  737  compensation of the board, the party requesting arbitration
  738  shall pay a filing fee to the board, according to a schedule
  739  established by the board, of:
  740         (a)Up to $500 for a claim that is $25,000 or less.
  741         (b)Up to $1,000 for a claim that is more than $25,000 but
  742  is $50,000 or less.
  743         (c)Up to $1,500 for a claim that is more than $50,000 but
  744  is $100,000 or less.
  745         (d)Up to $2,000 for a claim that is more than $100,000 but
  746  is $200,000 or less.
  747         (e)Up to $3,000 for a claim that is more than $200,000 but
  748  is $300,000 or less.
  749         (f)Up to $4,000 for a claim that is more than $300,000 but
  750  is $400,000 or less.
  751         (g)Up to $5,000 for a claim that is more than $400,000.
  752  
  753  The board may apportion the filing fees and the cost of
  754  recording and preparing a transcript of the hearing among the
  755  parties in its award.
  756         Section 12. Subsection (3) of section 338.166, Florida
  757  Statutes, is amended to read:
  758         338.166 High-occupancy toll lanes or express lanes.—
  759         (3) Any remaining toll revenue from the high-occupancy toll
  760  lanes or express lanes shall be used by the department for the
  761  construction, maintenance, or improvement of any road or to
  762  support public transportation projects that benefit the
  763  operation of high-occupancy toll lanes or express lanes on the
  764  State Highway System within the county or counties in which the
  765  toll revenues were collected or to support express bus service
  766  on the facility where the toll revenues were collected.
  767         Section 13. Paragraphs (f) and (i) of subsection (6) of
  768  section 339.175, Florida Statutes, are amended to read:
  769         339.175 Metropolitan planning organization.—
  770         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  771  privileges, and authority of an M.P.O. are those specified in
  772  this section or incorporated in an interlocal agreement
  773  authorized under s. 163.01. Each M.P.O. shall perform all acts
  774  required by federal or state laws or rules, now and subsequently
  775  applicable, which are necessary to qualify for federal aid. It
  776  is the intent of this section that each M.P.O. shall be involved
  777  in the planning and programming of transportation facilities,
  778  including, but not limited to, airports, intercity and high
  779  speed rail lines, seaports, and intermodal facilities, to the
  780  extent permitted by state or federal law.
  781         (f)1. The department shall allocate to each M.P.O., for the
  782  purpose of accomplishing its transportation planning and
  783  programming duties, an appropriate amount of federal
  784  transportation planning funds.
  785         2. In a county as defined in s. 125.011(1), the M.P.O. may
  786  not assess any fees for municipalities, counties, or other
  787  governmental entities that are members of the M.P.O.
  788         (i) There is created the Tampa Bay Area Regional Transit
  789  Authority Metropolitan Planning Organization Chairs Coordinating
  790  Committee is created within the Tampa Bay Area Regional Transit
  791  Authority, composed of the M.P.O.’s serving Citrus, Hernando,
  792  Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota
  793  Counties. The authority shall provide administrative support and
  794  direction to the committee. The committee must, at a minimum:
  795         1. Coordinate transportation projects deemed to be
  796  regionally significant by the committee.
  797         2. Review the impact of regionally significant land use
  798  decisions on the region.
  799         3. Review all proposed regionally significant
  800  transportation projects in the respective transportation
  801  improvement programs which affect more than one of the M.P.O.’s
  802  represented on the committee.
  803         4. Institute a conflict resolution process to address any
  804  conflict that may arise in the planning and programming of such
  805  regionally significant projects.
  806         Section 14. Paragraph (b) of subsection (2) and subsections
  807  (8) and (9) of section 343.92, Florida Statutes, are amended to
  808  read:
  809         343.92 Tampa Bay Area Regional Transit Authority.—
  810         (2) The governing board of the authority shall consist of
  811  13 voting members appointed no later than 45 days after the
  812  creation of the authority.
  813         (b) The 13 voting members of the board shall be as follows:
  814         1. The county commissions of Hernando, Hillsborough,
  815  Manatee, Pasco, and Pinellas Counties shall each appoint one
  816  county commissioner to the board. Members appointed under this
  817  subparagraph shall serve 2-year terms with not more than three
  818  consecutive terms being served by any person. If a member under
  819  this subparagraph leaves elected office, a vacancy exists on the
  820  board to be filled as provided in this subparagraph within 90
  821  days.
  822         2.a. Two members of the board shall be the mayor, or the
  823  mayor’s designated alternate, of the largest municipality within
  824  the service area of each of the following independent transit
  825  agencies or their legislatively created successor agencies:
  826  Pinellas Suncoast Transit Authority and Hillsborough Area
  827  Regional Transit Authority. The largest municipality is that
  828  municipality with the largest population as determined by the
  829  most recent United States Decennial Census.
  830         b. The mayor’s designated alternate must be an elected
  831  member of the municipality’s city council and approved as the
  832  mayor’s designated alternate by the municipality’s city council.
  833  In the event the mayor is unable to attend a meeting, the
  834  mayor’s designated alternate shall attend the meeting on the
  835  mayor’s behalf and has the full right to vote.
  836         3. The following independent transit agencies or their
  837  legislatively created successor agencies shall each appoint from
  838  the membership of their governing bodies one member to the
  839  board: Pinellas Suncoast Transit Authority and Hillsborough Area
  840  Regional Transit Authority. Each member appointed under this
  841  subparagraph shall serve a 2-year term with not more than three
  842  consecutive terms being served by any person. If a member no
  843  longer meets the transit authority’s criteria for appointment, a
  844  vacancy exists on the board, which must be filled as provided in
  845  this subparagraph within 90 days.
  846         4. The Governor shall appoint to the board four members
  847  from the regional business community, each of whom must reside
  848  in one of the counties governed by the authority and may not be
  849  an elected official. Of the members initially appointed under
  850  this subparagraph, one shall serve a 1-year term, two shall
  851  serve 2-year terms, and one shall serve a term as the initial
  852  chair as provided in subsection (5). Thereafter, a member
  853  appointed under this subparagraph shall serve a 2-year term with
  854  not more than three consecutive terms being served by any
  855  person.
  856  
  857  Appointments may be staggered to avoid mass turnover at the end
  858  of any 2-year or 4-year period. A vacancy during a term shall be
  859  filled within 90 days in the same manner as the original
  860  appointment for the remainder of the unexpired term.
  861         (8) A simple majority Seven members of the board shall
  862  constitute a quorum, and a simple majority of the voting members
  863  present shall be necessary for any action to be taken by the
  864  board the vote of seven members is necessary for any action to
  865  be taken by the authority. The authority may meet upon the
  866  constitution of a quorum. A vacancy does not impair the right of
  867  a quorum of the board to exercise all rights and the ability to
  868  perform all duties of the authority.
  869         (9) Beginning July 1, 2017, the board must evaluate the
  870  abolishment, continuance, modification, or establishment of the
  871  following committees:
  872         (a) Planning committee.
  873         (b) Policy committee.
  874         (c) Finance committee.
  875         (d) Citizens advisory committee.
  876         (e) Tampa Bay Area Regional Transit Authority Metropolitan
  877  Planning Organization Chairs Coordinating Committee.
  878         (f) Transit management committee.
  879         (g) Technical advisory committee.
  880  
  881  The board must submit its recommendations for abolishment,
  882  continuance, modification, or establishment of the committees to
  883  the President of the Senate and the Speaker of the House of
  884  Representatives before the beginning of the 2018 Regular
  885  Session.
  886         Section 15. Paragraphs (e), (f), and (g) of subsection (3)
  887  of section 343.922, Florida Statutes, are amended to read:
  888         343.922 Powers and duties.—
  889         (3)
  890         (e) The authority shall present the original regional
  891  transit development plan and updates to the governing bodies of
  892  the counties within the designated region, to the TBARTA
  893  Metropolitan Planning Organization Chairs Coordinating
  894  Committee, and to the legislative delegation members
  895  representing those counties within 90 days after adoption.
  896         (f) The authority shall coordinate plans and projects with
  897  the TBARTA Metropolitan Planning Organization Chairs
  898  Coordinating Committee, to the extent practicable, and
  899  participate in the regional M.P.O. planning process to ensure
  900  regional comprehension of the authority’s mission, goals, and
  901  objectives.
  902         (g) The authority shall provide administrative support and
  903  direction to the TBARTA Metropolitan Planning Organization
  904  Chairs Coordinating Committee as provided in s. 339.175(6)(i).
  905         Section 16. Part III of chapter 343, Florida Statutes,
  906  consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
  907  343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
  908  343.881, 343.884, and 343.89, Florida Statutes, is repealed.
  909         Section 17. Section 311.25, Florida Statutes, is created to
  910  read:
  911         311.25 Florida seaports; local ballot initiatives and
  912  referendums.—
  913         (1) With respect to any port that has received or is
  914  eligible to apply for or receive state funding under this
  915  chapter, a local ballot initiative or referendum may not
  916  restrict maritime commerce in such a port, including, but not
  917  limited to, restricting such commerce based on any of the
  918  following:
  919         (a) Vessel type, size, number, or capacity.
  920         (b) Number, origin, nationality, embarkation, or
  921  disembarkation of passengers or crew or their entry into this
  922  state or any local jurisdiction.
  923         (c) Source, type, loading, or unloading of cargo.
  924         (d) Environmental or health records of a particular vessel
  925  or vessel line.
  926         (2) Any local ballot initiative or referendum that is in
  927  conflict with subsection (1) and that was adopted before, on, or
  928  after July 1, 2021, and any local law, charter amendment,
  929  ordinance, resolution, regulation, or policy adopted in such an
  930  initiative or referendum, is prohibited, void, and expressly
  931  preempted to the state.
  932         Section 18. If any provision of this act or its application
  933  to any person or circumstance is held invalid, the invalidity
  934  does not affect other provisions or applications of this act
  935  which can be given effect without the invalid provision or
  936  application, and to this end the provisions of this act are
  937  severable.
  938         Section 19. Paragraphs (a) and (b) of subsection (2) of
  939  section 348.0304, Florida Statutes, are amended to read:
  940         348.0304 Greater Miami Expressway Agency.—
  941         (2)(a) The governing body of the agency shall consist of
  942  nine voting members. Except for the district secretary of the
  943  department, each member must be a permanent resident of the
  944  county and may not hold, or have held in the previous 2 years,
  945  elected or appointed office in the county. Each member may only
  946  serve two terms of 4 years each. Four Three members shall be
  947  appointed by the Governor, one of whom must be a member of the
  948  metropolitan planning organization for the county. Two members,
  949  who must be residents of an unincorporated portion of the county
  950  residing within 15 miles of an area with the highest amount of
  951  agency toll roads, shall be appointed by the board of county
  952  commissioners of the county. Two Three members, who must be
  953  residents of incorporated municipalities within the county,
  954  shall be appointed by the metropolitan planning organization for
  955  the county. The district secretary of the department serving in
  956  the district that contains the county shall serve as an ex
  957  officio voting member of the governing body.
  958         (b) Initial appointments to the governing body of the
  959  agency shall be made by July 31, 2019. For the initial
  960  appointments:
  961         1. The Governor shall appoint one member for a term of 1
  962  year, one member for a term of 2 years, one member for a term of
  963  3 years, and one member for a term of 4 years.
  964         2. The board of county commissioners shall appoint one
  965  member for a term of 1 year and one member for a term of 3
  966  years.
  967         3. The metropolitan planning organization shall appoint one
  968  member for a term of 1 year, one member for a term of 2 years,
  969  and one member for a term of 4 years.
  970         Section 20. Paragraph (c) of subsection (1) of section
  971  348.754, Florida Statutes, is amended to read:
  972         348.754 Purposes and powers.—
  973         (1)
  974         (c) Notwithstanding any other provision of this section to
  975  the contrary, to ensure the continued financial feasibility of
  976  the portion of the Wekiva Parkway to be constructed by the
  977  department, the authority may not, without the prior
  978  consultation with consent of the secretary of the department,
  979  construct any extensions, additions, or improvements to the
  980  expressway system in Lake County.
  981         Section 21. Paragraph (d) of subsection (2) of section
  982  349.04, Florida Statutes, is amended to read:
  983         349.04 Purposes and powers.—
  984         (2) The authority is hereby granted, and shall have and may
  985  exercise all powers necessary, appurtenant, convenient, or
  986  incidental to the carrying out of the aforesaid purposes,
  987  including, but without being limited to, the right and power:
  988         (d) To enter into and make leases for terms not exceeding
  989  99 40 years, as either lessee or lessor, in order to carry out
  990  the right to lease as set forth in this chapter.
  991         Section 22. Present subsections (3) through (19) of section
  992  378.403, Florida Statutes, are redesignated as subsections (4)
  993  through (20), respectively, and a new subsection (3) is added to
  994  that section, to read:
  995         378.403 Definitions.—As used in this part, the term:
  996         (3)“Borrow pit” means an area of land upon which
  997  excavation of surface resources has been conducted, is being
  998  conducted, or is planned to be conducted, as the term is
  999  commonly used in the mining trade, and is not considered a mine.
 1000  Such resources are limited to soil, organic soil, sand, or clay
 1001  that can be removed with construction excavating equipment and
 1002  loaded on a haul truck with no additional processing.
 1003         Section 23. Section 378.801, Florida Statutes, is amended
 1004  to read:
 1005         378.801 Other resources; notice of intent to extract mine
 1006  required.—
 1007         (1) An No operator may not begin the operation of a borrow
 1008  pit, or the process of extracting clay, peat, gravel, sand, or
 1009  any other solid substance of commercial value found in natural
 1010  deposits or in the earth, except fuller’s earth clay, heavy
 1011  minerals, limestone, or phosphate, which are regulated elsewhere
 1012  in this chapter, at a new location mine without notifying the
 1013  secretary of the intention to extract mine.
 1014         (2) The operator’s notice of intent to extract mine shall
 1015  consist of the operator’s estimated life of the extraction
 1016  location mine and the operator’s signed acknowledgment of the
 1017  performance standards provided by s. 378.803.
 1018         Section 24. Section 378.802, Florida Statutes, is amended
 1019  to read:
 1020         378.802 Existing extraction locations mines.—After January
 1021  1, 1989, all operators of existing locations mines for the
 1022  extraction of resources as described in s. 378.801 shall meet
 1023  the performance standards provided by s. 378.803 for any new
 1024  surface area disturbed at such locations mines.
 1025         Section 25. Subsection (5) of section 479.07, Florida
 1026  Statutes, is amended to read:
 1027         479.07 Sign permits.—
 1028         (5)(a) For each permit issued, the department shall furnish
 1029  to the applicant a serially numbered permanent metal permit tag.
 1030  The permittee is responsible for maintaining a valid permit tag
 1031  on each permitted sign facing at all times. The tag shall be
 1032  securely attached to the upper 50 percent of the sign structure,
 1033  and attached in such a manner as to be plainly visible from the
 1034  main-traveled way. The permit tag must be properly and
 1035  permanently displayed at the permitted site within 30 days after
 1036  the date of permit issuance. If the permittee fails to erect a
 1037  completed sign on the permitted site within 270 days after the
 1038  date on which the permit was issued, the permit will be void,
 1039  and the department may not issue a new permit to that permittee
 1040  for the same location for 270 days after the date on which the
 1041  permit becomes void.
 1042         (b) If a permit tag is lost, stolen, or destroyed, the
 1043  permittee to whom the tag was issued must apply to the
 1044  department for a replacement tag. The department shall establish
 1045  a service fee for replacement tags in an amount that will
 1046  recover the actual cost of providing the replacement tag. Upon
 1047  receipt of the application accompanied by the service fee, the
 1048  department shall issue a replacement permit tag.
 1049         (c)1.As soon as practicable, the department shall create
 1050  and implement a publicly accessible electronic database to
 1051  include all permits issued by the department. At a minimum, the
 1052  database must include the name and contact information of the
 1053  permit operator, the structure identification number or numbers,
 1054  the panel or face identification number or numbers, the latitude
 1055  and longitude of the permitted sign, the compass bearing, images
 1056  of the permitted sign once constructed, and the most recent date
 1057  the department visually inspected the permitted sign.
 1058         2.Once the department creates and implements the publicly
 1059  accessible electronic database:
 1060         a.The department may not furnish permanent metal permit
 1061  tags or replacement tags to permittees;
 1062         b.The department may not enforce the provisions relating
 1063  to permanent metal permit tags or replacement tags specified in
 1064  paragraphs (a) and (b); and
 1065         c.Permittees are not required to return permit tags to the
 1066  department as provided in subsection (8).
 1067         Section 26. Notwithstanding any other law, the Northwest
 1068  Florida Transportation Corridor Authority is dissolved. The
 1069  authority shall discharge or make provision for the authority’s
 1070  debts, obligations, and other liabilities; settle and close the
 1071  authority’s activities and affairs; and provide for distribution
 1072  of the authority’s assets, or the proceeds of such assets, such
 1073  that each local general-purpose government represented on the
 1074  authority’s board receives a distribution generally in
 1075  proportion to each entity’s contribution to the acquisition of
 1076  the assets.
 1077         Section 27. This act shall take effect July 1, 2021.

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