Bill Text: FL S1998 | 2012 | Regular Session | Enrolled
Bill Title: Transportation
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1998 Detail]
Download: Florida-2012-S1998-Enrolled.html
ENROLLED 2012 Legislature SB 1998, 2nd Engrossed 20121998er 1 2 An act relating to transportation; repealing s. 3 288.063, F.S., relating to contract requirements for 4 transportation projects; amending s. 288.0656, F.S.; 5 conforming a cross-reference; revising the title of 6 ch. 311, F.S.; amending s. 311.07, F.S.; revising 7 provisions for the financing of port transportation or 8 port facilities projects; increasing funding for the 9 Florida Seaport Transportation and Economic 10 Development Program; directing the Florida Seaport 11 Transportation and Economic Development Council to 12 develop guidelines for project funding; directing 13 council staff, the Department of Transportation, and 14 the Department of Economic Opportunity to work in 15 cooperation to review projects and allocate funds as 16 specified; revising certain authorized uses of program 17 funds; revising the list of projects eligible for 18 funding under the program; removing a cap on 19 distribution of program funds; removing a requirement 20 for a specified audit; authorizing the Department of 21 Transportation to subject projects funded under the 22 program to a specified audit; amending s. 311.09, 23 F.S.; revising provisions for rules of the council for 24 evaluating certain projects; removing provisions for 25 review by the Department of Community Affairs of the 26 list of projects approved by the council; revising 27 provisions for review and evaluation of such projects 28 by the Department of Transportation and the Department 29 of Economic Opportunity; increasing the amount of 30 funding the Department of Transportation is required 31 to include in its annual legislative budget request 32 for the Florida Seaport Transportation and Economic 33 Development Program; revising provisions relating to 34 funding to be included in the budget; creating s. 35 311.10, F.S.; establishing the Strategic Port 36 Investment Initiative within the Department of 37 Transportation; providing for a minimum annual amount 38 from the State Transportation Trust Fund to fund the 39 initiative; directing the department to work with 40 deepwater ports to develop and maintain a priority 41 list of strategic investment projects; providing 42 project selection criteria; requiring the department 43 to schedule a publicly noticed workshop with the 44 Department of Economic Opportunity and the deepwater 45 ports to review the proposed projects; directing the 46 department to finalize a prioritized list of potential 47 projects after considering comments received in the 48 workshop; directing the department to include the 49 proposed seaport projects in the tentative work 50 program; creating s. 311.101, F.S.; creating the 51 Intermodal Logistics Center Infrastructure Support 52 Program within the Department of Transportation; 53 providing purpose of the program; defining the term 54 “intermodal logistics center”; providing criteria for 55 consideration by the department when evaluating 56 projects for program assistance; directing the 57 department to coordinate and consult with the 58 Department of Economic Opportunity in the selection of 59 projects to be funded; authorizing the department to 60 administer contracts on behalf of the entity selected 61 to receive funding; providing for the department’s 62 share of project costs; providing for a certain amount 63 of funds in the State Transportation Trust Fund to be 64 made available for eligible projects; directing the 65 department to include the proposed projects in the 66 tentative work program; authorizing the department to 67 adopt rules; amending s. 311.22, F.S.; conforming a 68 cross-reference; amending s. 316.302, F.S.; requiring 69 owners or drivers of commercial motor vehicles that 70 are engaged in intrastate commerce to be subject to 71 specified federal rules and regulations as such rules 72 and regulations existed on a certain date; providing 73 that certain restrictions on the number of consecutive 74 hours that a commercial motor vehicle may operate do 75 not apply to a farm labor vehicle operated during a 76 state of emergency or during an emergency pertaining 77 to agriculture; correcting terminology; amending s. 78 318.14, F.S.; authorizing a person who does not hold a 79 commercial driver license and who is cited for a 80 noncriminal traffic infraction while driving a 81 noncommercial motor vehicle to elect to attend a basic 82 driver improvement course in lieu of a court 83 appearance; authorizing a person who does not hold a 84 commercial driver license and who is cited for certain 85 offenses while driving a noncommercial motor vehicle 86 to elect to enter a plea of nolo contendere and to 87 provide proof of compliance in lieu of payment of fine 88 or court appearance; amending s. 319.32, F.S.; 89 increasing the amount of the fees deposited into the 90 State Transportation Trust Fund from original and 91 duplicate certificates of title issued for motor 92 vehicles; specifying the allocation and purposes of 93 funds received from increasing the amount of the fees 94 from original and duplicate certificates of title 95 issued for motor vehicles; providing for the transfer 96 of funds to the State Transportation Trust Fund that 97 result from increased revenues from the seaport 98 programs; amending s. 320.20, F.S.; conforming 99 provisions to changes made by the act; repealing s. 100 320.204, F.S., relating to the transfer of funds from 101 the Highway Safety Operating Trust Fund to the 102 Transportation Disadvantaged Trust Fund; amending s. 103 322.07, F.S.; revising provisions relating to 104 temporary commercial instruction permits; amending s. 105 322.53, F.S.; revising an exemption from the 106 requirement to obtain a commercial driver license for 107 farmers transporting agricultural products, farm 108 supplies, or farm machinery under certain 109 circumstances; providing that such exemption applies 110 if the vehicle is not used in the operations of a 111 common or contract motor carrier; amending s. 322.54, 112 F.S.; requiring that persons who drive a motor vehicle 113 having a gross vehicle weight rating or gross vehicle 114 weight of a specified amount or more possess certain 115 classifications of driver licenses; amending s. 116 322.59, F.S.; revising provisions relating to the 117 possession of a medical examiner’s certificate; 118 requiring that the department disqualify a driver from 119 operating a commercial motor vehicle if the driver 120 holds a commercial driver license and fails to comply 121 with the medical certification requirements; 122 authorizing the department to issue, under certain 123 circumstances, a Class E driver license to a person 124 who is disqualified from operating a commercial motor 125 vehicle; amending s. 322.61, F.S.; revising provisions 126 relating to the disqualification from operating a 127 commercial motor vehicle; providing that any holder of 128 a commercial driver license who is convicted of two 129 violations committed while operating any motor vehicle 130 is permanently disqualified from operating a 131 commercial motor vehicle; amending s. 334.30, F.S., 132 relating to public-private transportation facilities; 133 deleting obsolete provisions relating to the Toll 134 Facilities Revolving Trust Fund; amending s. 335.074, 135 F.S., relating to bridge safety inspection reports; 136 requiring the governmental entity having maintenance 137 responsibility for a bridge to reduce the maximum 138 weight, size, or speed limit for the bridge or to 139 close the bridge upon receipt of a report recommending 140 the reduction or closure; requiring the entity to post 141 the reduced limits and notify the department; 142 requiring the department to post the reduced limits or 143 to close the bridge under certain circumstances; 144 requiring costs associated with the department posting 145 the revised limits or closure of the bridge to be 146 assessed against and collected from the governmental 147 entity; creating s. 338.151, F.S.; authorizing the 148 department to establish tolls on certain 149 transportation facilities to pay for the cost of such 150 project; prohibiting the department from establishing 151 tolls on certain lanes of limited access facilities; 152 providing an exception; providing for application; 153 amending s. 338.155, F.S.; authorizing the department 154 adopt rules to allow public transit vehicles and 155 certain military-service-related funeral processions 156 to use certain toll facilities without payment of 157 tolls; amending s. 338.161, F.S.; authorizing the 158 Department of Transportation to enter into certain 159 agreements with a public or private transportation 160 facility owner if it can increase nontoll revenues or 161 add convenience or other value; providing criteria; 162 amending s. 338.165, F.S.; authorizing the Department 163 of Transportation to transfer the Beachline-East 164 Expressway to the turnpike system; providing for the 165 deposit of any funds expended by the Florida Turnpike 166 Enterprise for the acquisition of the Beachline-East 167 Expressway into the State Transportation Trust Fund 168 for allocation to construct the Wekiva Parkway; 169 defining the term “Wekiva Parkway”; amending s. 170 338.166, F.S.; revising a provision for issuance of 171 bonds secured by toll revenues collected on high 172 occupancy toll lanes or express lanes; revising 173 authorized uses of such toll revenues; providing 174 restrictions on such use; amending s. 338.221, F.S.; 175 revising the definition of the term “economically 176 feasible” for purposes of proposed turnpike projects; 177 amending s. 338.223, F.S.; revising provisions for 178 department requests for legislative approval of 179 proposed turnpike projects; conforming a cross 180 reference; repealing s. 338.251, F.S., relating to the 181 Toll Facilities Revolving Trust Fund; amending s. 182 339.08, F.S.; conforming a cross-reference; creating 183 s. 339.139, F.S.; declaring that management of 184 transportation infrastructure financing to ensure the 185 fiscal integrity of the State Transportation Trust 186 Fund is state policy; requiring that the department 187 provide a debt and debtlike contractual obligations 188 load report to the Executive Office of the Governor, 189 the President of the Senate, the Speaker of the House 190 of Representatives, and the legislative appropriations 191 committees; requiring that the load report provide 192 certain data; requiring that the department manage 193 levels of debt to ensure that no more than a certain 194 percentage of revenues is committed; providing 195 exceptions that allow the limitation to be exceeded; 196 requiring that the department prepare a report on debt 197 obligations that are secured by and payable from 198 pledged revenues; requiring that the department 199 provide the report to the Executive Office of the 200 Governor, the President of the Senate, the Speaker of 201 the House of Representatives, and the legislative 202 appropriations committees; creating s. 339.2821, F.S.; 203 authorizing the Department of Transportation, in 204 consultation with the Department of Economic 205 Opportunity, to make and approve expenditures and 206 enter into contracts with an appropriate governmental 207 body for the direct costs of transportation projects; 208 providing definitions; authorizing the Department of 209 Economic Opportunity and the Department of 210 Environmental Protection to review and comment on 211 recommended transportation projects; providing 212 criteria that the Department of Transportation must 213 follow when reviewing a contract for approval; 214 providing criteria for the transportation contract 215 with a governmental body; providing that Space Florida 216 may serve as a governmental body or as a contracting 217 agency for transportation projects within spaceport 218 territory; requiring each governmental body to submit 219 a financial audit by an independent certified public 220 accountant to the department; requiring that the 221 department monitor each construction site receiving 222 funding; assigning and transferring the rights and 223 obligations of the Department of Economic Opportunity 224 under certain contracts to the Department of 225 Transportation; requiring the contracts to be 226 administered by the Department of Transportation; 227 creating s. 339.2825, F.S.; requiring the Department 228 of Transportation to submit a summary of proposed 229 public-private transportation projects to the 230 Executive Office of the Governor, each legislative 231 appropriations committee, the President of the Senate, 232 and the Speaker of the House of Representatives; 233 providing criteria for the summary; providing for the 234 department to proceed with a project upon approval by 235 the Governor; prohibiting the Governor from approving 236 a transportation project if a legislative 237 appropriations committee, the President of the Senate, 238 or the Speaker of the House of Representatives objects 239 within a certain period after receipt of the summary; 240 providing for receipt by the department of an 241 unsolicited proposal for certain transportation 242 projects; exempting a public-private partnership 243 agreement involving the lease of a toll facility from 244 the requirements of the approval process; amending s. 245 339.63, F.S.; adding military access facilities to the 246 types of facilities included in the Strategic 247 Intermodal System and the Emerging Strategic 248 Intermodal System which form components of an 249 interconnected transportation system; providing that 250 an intermodal logistics center meeting certain 251 criteria shall be designated as part of the Strategic 252 Intermodal System; providing for a waiver of 253 transportation concurrency for such facility if it is 254 located within a described area; amending s. 348.7546, 255 F.S.; authorizing the Orlando-Orange County Expressway 256 Authority to construct, finance, operate, own, and 257 maintain those portions of the Wekiva Parkway which 258 are identified by agreement between the authority and 259 the department; providing that the authority’s 260 exercise of certain condemnation powers or acquisition 261 of any property; requiring the authority to repay 262 certain expenditures by the department; requiring that 263 the funds paid to the department be allocated for 264 construction of the Wekiva Parkway; providing that the 265 department’s obligations to construct certain portions 266 of the Wekiva Parkway are contingent upon timely 267 payment by the authority and receipt of all required 268 permits and approvals; amending s. 348.755, F.S.; 269 prohibiting the authority from issuing any bonds, 270 except as permitted under the terms of a certain 271 memorandum of understanding between the authority and 272 the department; amending s. 348.757, F.S.; limiting 273 certain authorized lease-purchase agreements; 274 providing for the termination of the department’s 275 obligations under certain lease-purchase agreements; 276 amending s. 369.317, F.S.; providing for the 277 Department of Environmental Protection to have 278 exclusive permitting authority for certain activities 279 associated with the Wekiva Parkway and related 280 transportation facilities; requiring the department to 281 locate the precise corridor and interchanges for the 282 Wekiva Parkway to be located in Seminole County; 283 amending s. 377.809, F.S.; conforming a cross 284 reference; transferring funds and all future payments 285 of obligated funds in the Toll Facilities Revolving 286 Trust Fund to the State Transportation Trust Fund; 287 requiring that a challenge to a consolidated 288 environmental resource permit or an associated 289 variance or a sovereign submerged lands authorization 290 proposed or issued by the Department of Environmental 291 Protection in connection with the state’s deepwater 292 ports be conducted pursuant to certain summary hearing 293 provisions; providing a timeframe when the summary 294 proceeding must be conducted; requiring the 295 administrative law judge’s decision be in the form of 296 a recommended order; providing that the recommended 297 order does not constitute final agency action of the 298 department; requiring the department to issue the 299 final order within 45 working days after receipt of 300 the recommended order; providing exceptions for 301 pending administrative proceedings; providing 302 effective dates. 303 304 Be It Enacted by the Legislature of the State of Florida: 305 306 Section 1. Section 288.063, Florida Statutes, is repealed. 307 Section 2. Paragraph (a) of subsection (7) of section 308 288.0656, Florida Statutes, is amended to read: 309 288.0656 Rural Economic Development Initiative.— 310 (7)(a) REDI may recommend to the Governor up to three rural 311 areas of critical economic concern. The Governor may by 312 executive order designate up to three rural areas of critical 313 economic concern which will establish these areas as priority 314 assignments for REDI as well as to allow the Governor, acting 315 through REDI, to waive criteria, requirements, or similar 316 provisions of any economic development incentive. Such 317 incentives shall include, but not be limited to: the Qualified 318 Target Industry Tax Refund Program under s. 288.106, the Quick 319 Response Training Program under s. 288.047, the Quick Response 320 Training Program for participants in the welfare transition 321 program under s. 288.047(8), transportation projects under s. 322 339.2821288.063, the brownfield redevelopment bonus refund 323 under s. 288.107, and the rural job tax credit program under ss. 324 212.098 and 220.1895. 325 Section 3. Chapter 311, Florida Statutes, is retitled 326 “SEAPORT PROGRAMS AND FACILITIES.” 327 Section 4. Section 311.07, Florida Statutes, is amended to 328 read: 329 311.07 Florida seaport transportation and economic 330 development funding.— 331 (1) There is created the Florida Seaport Transportation and 332 Economic Development Program within the Department of 333 Transportation to finance port transportation or port facilities 334 projects that will improve the movement and intermodal 335 transportation of cargo or passengers in commerce and trade and 336 that will support the interests, purposes, and requirements of 337 the ports listed in s. 311.09located in this state. 338 (2) A minimum of $15$8million per year shall be made 339 available from the State Transportation Trust Fund to fund the 340 Florida Seaport Transportation and Economic Development Program. 341 The Florida Seaport Transportation and Economic Development 342 Council created in s. 311.09 shall develop guidelines for 343 project funding. Council staff, the Department of 344 Transportation, and the Department of Economic Opportunity shall 345 work in cooperation to review projects and allocate funds in 346 accordance with the schedule required for the Department of 347 Transportation to include these projects in the tentative work 348 program developed pursuant to s. 339.135(4). 349 (3)(a) Florida Seaport Transportation and Economic 350 Development Program funds shall be used to fund approved 351 projects on a 50-50 matching basis with any of the deepwater 352 ports, as listed in s. 311.09s.403.021(9)(b), which is 353 governed by a public body or any other deepwater port which is 354 governed by a public body and which complies with the water 355 quality provisions of s. 403.061, the comprehensive master plan 356 requirements of s. 163.3178(2)(k), and the local financial 357 management and reporting provisions of part III of chapter 218. 358 However, program funds used to fund projects that involve the 359 rehabilitation of wharves, docks, berths, bulkheads, or similar 360 structures shall require a 25-percent match of funds. Program 361 funds also may be used by the Seaport Transportation and 362 Economic Development Council for data and analysis thatto363develop trade data information products whichwill assist 364 Florida’s seaports and international trade. 365 (b) Projects eligible for funding by grants under the 366 program are limited to the following port facilities or port 367 transportation projects: 368 1. Transportation facilities within the jurisdiction of the 369 port. 370 2. The dredging or deepening of channels, turning basins, 371 or harbors. 372 3. The construction or rehabilitation of wharves, docks, 373 structures, jetties, piers, storage facilities, cruise 374 terminals, automated people mover systems, or any facilities 375 necessary or useful in connection with any of the foregoing. 376 4. The acquisition of vessel tracking systems, container 377 cranes, or other mechanized equipment used in the movement of 378 cargo or passengers in international commerce. 379 5. The acquisition of land to be used for port purposes. 380 6. The acquisition, improvement, enlargement, or extension 381 of existing port facilities. 382 7. Environmental protection projects which are necessary 383 because of requirements imposed by a state agency as a condition 384 of a permit or other form of state approval; which are necessary 385 for environmental mitigation required as a condition of a state, 386 federal, or local environmental permit; which are necessary for 387 the acquisition of spoil disposal sites and improvements to 388 existing and future spoil sites; or which result from the 389 funding of eligible projects listed in this paragraph. 390 8. Transportation facilities as defined in s. 334.03(31) 391 which are not otherwise part of the Department of 392 Transportation’s adopted work program. 393 9.SeaportIntermodal access projectsidentified in the 5394year Florida Seaport Mission Plan as provided in s.311.09(3). 395 10. Construction or rehabilitation of port facilities as 396 defined in s. 315.02, excluding any park or recreational 397 facilities, in ports listed in s. 311.09(1) with operating 398 revenues of $5 million or less, provided that such projects 399 create economic development opportunities, capital improvements, 400 and positive financial returns to such ports. 401 11. Seaport master plan or strategic plan development or 402 updates, including the purchase of data to support such plans. 403 (c) To be eligible for consideration by the council 404 pursuant to this section, a project must be consistent with the 405 port comprehensive master plan which is incorporated as part of 406 the approved local government comprehensive plan as required by 407 s. 163.3178(2)(k) or other provisions of the Community Planning 408 Act, part II of chapter 163. 409(4) A port eligible for matching funds under the program410may receive a distribution of not more than $7 million during411any 1 calendar year and a distribution of not more than $30412million during any 5-calendar-year period.413 (4)(5)Any port which receives funding under the program 414 shall institute procedures to ensure that jobs created as a 415 result of the state funding shall be subject to equal 416 opportunity hiring practices in the manner provided in s. 417 110.112. 418 (5)(6)The Department of Transportation mayshallsubject 419 any project that receives funds pursuant to this section and s. 420 320.20 to a final audit. The department may adopt rules and 421 perform such other acts as are necessary or convenient to ensure 422 that the final audits are conducted and that any deficiency or 423 questioned costs noted by the audit are resolved. 424 Section 5. Subsections (4) through (13) of section 311.09, 425 Florida Statutes, are amended to read: 426 311.09 Florida Seaport Transportation and Economic 427 Development Council.— 428 (4) The council shall adopt rules for evaluating projects 429 which may be funded under ss. 311.07 and 320.20. The rules shall 430 provide criteria for evaluating the potential project, 431 including, but not limited to, such factors as consistency with 432 appropriate plans, economic benefit, readiness for construction, 433 noncompetition with other Florida ports, and capacity within the 434 seaport systemeconomic benefit of the project, measured by the435potential for the proposed project to maintain or increase cargo436flow, cruise passenger movement, international commerce, port437revenues, and the number of jobs for the port’s local community. 438 (5) The council shall review and approve or disapprove each 439 project eligible to be funded pursuant to the Florida Seaport 440 Transportation and Economic Development Program. The council 441 shall annually submit to the Secretary of Transportation and the 442 executive director of the Department of Economic Opportunity, or 443 his or her designee, a list of projects which have been approved 444 by the council. The list shall specify the recommended funding 445 level for each project; and, if staged implementation of the 446 project is appropriate, the funding requirements for each stage 447 shall be specified. 448(6) The Department of Community Affairs shall review the449list of projects approved by the council to determine450consistency with approved local government comprehensive plans451of the units of local government in which the port is located452and consistency with the port master plan. The Department of453Community Affairs shall identify and notify the council of those454projects which are not consistent, to the maximum extent455feasible, with such comprehensive plans and port master plans.456 (6)(7)The Department of Transportation shall review the 457 list of project applicationsprojectsapproved by the council 458 for consistency with the Florida Transportation Plan, the 459 Statewide Seaport and Waterways System Plan, and the 460 department’s adopted work program. In evaluating the consistency 461 of a project, the department shall assess the transportation 462 impacts and economic benefits for each projectdetermine whether463the transportation impact of the proposed project is adequately464handled by existing state-owned transportation facilities or by465the construction of additional state-owned transportation466facilities as identified in the Florida Transportation Plan and467the department’s adopted work program. In reviewing for468consistency a transportation facility project as defined in s.469334.03(31) which is not otherwise part of the department’s work470program, the department shall evaluate whether the project is471needed to provide for projected movement of cargo or passengers472from the port to a state transportation facility or local road.473If the project is needed to provide for projected movement of474cargo or passengers, the project shall be approved for475consistency as a consideration to facilitate the economic476development and growth of the state in a timely manner. The 477 Department of Transportation shall identify those projects that 478whichare inconsistent with the Florida Transportation Plan, the 479 Statewide Seaport and Waterways System Plan, orandthe adopted 480 work program and shall notify the council of projects found to 481 be inconsistent. 482 (7)(8)The Department of Economic Opportunity shall review 483 the list of project applicationsprojectsapproved by the 484 council to evaluate the economic benefit of the project and to 485 determine whether the project is consistent with the Florida 486 Seaport Mission Plan and with state economic development goals 487 and policies. The Department of Economic Opportunity shall 488 review the proposed project’s consistency with state, regional, 489 and local plans, as appropriate, and the economic benefits of 490 each project based upon the rules adopted pursuant to subsection 491 (4). The Department of Economic Opportunity shall identify those 492 projects thatwhichit has determined do not offer an economic 493 benefit to the state, are not consistent with an appropriate 494 plan, or are not consistent with the Florida Seaport Mission 495 Plan or state economic development goals and policies and shall 496 notify the council of its findings. 497 (8)(9)The council shall review the findings of the 498 Department of Economic Opportunity and the Department of 499 Transportation. Projects found to be inconsistent pursuant to 500 subsections (6),or (7), and (8)orandprojects thatwhichhave 501 been determined not to offer an economic benefit to the state 502 pursuant to subsection (7)(8)mayshallnot be included in the 503 list of projects to be funded. 504 (9)(10)The Department of Transportation shall include no 505 less than $15 million per year in its annual legislative budget 506 request for theaFlorida Seaport Transportation and Economic 507 DevelopmentgrantProgram funded under s. 311.07for expenditure508of funds of not less than $8 million per year. Such budget shall 509 include funding for projects approved by the council which have 510 been determined by each agency to be consistentand which have511been determined by the Department of Economic Opportunity to be512economically beneficial. The department shall include the 513 specific approved Florida Seaport Transportation and Economic 514 Development Programseaportprojects to be funded under s. 515 311.07this sectionduring the ensuing fiscal year in the 516 tentative work program developed pursuant to s. 339.135(4). The 517 total amount of funding to be allocated to Florida Seaport 518 Transportation and Economic Development Programseaportprojects 519 under s. 311.07 during the successive 4 fiscal years shall also 520 be included in the tentative work program developed pursuant to 521 s. 339.135(4). The council may submit to the department a list 522 of approved projects that could be made production-ready within 523 the next 2 years. The list shall be submitted by the department 524 as part of the needs and project list prepared pursuant to s. 525 339.135(2)(b). However, the department shall, upon written 526 request of the Florida Seaport Transportation and Economic 527 Development Council, submit work program amendments pursuant to 528 s. 339.135(7) to the Governor within 10 days after the later of 529 the date the request is received by the department or the 530 effective date of the amendment, termination, or closure of the 531 applicable funding agreement between the department and the 532 affected seaport, as required to release the funds from the 533 existing commitment. Notwithstanding s. 339.135(7)(c), any work 534 program amendment to transfer prior year funds from one approved 535 seaport project to another seaport project is subject to the 536 procedures in s. 339.135(7)(d). Notwithstanding any provision of 537 law to the contrary, the department may transfer unexpended 538 budget between the seaport projects as identified in the 539 approved work program amendments. 540 (10)(11)The council shall meet at the call of its 541 chairperson, at the request of a majority of its membership, or 542 at such times as may be prescribed in its bylaws. However, the 543 council must meet at least semiannually. A majority of voting 544 members of the council constitutes a quorum for the purpose of 545 transacting the business of the council. All members of the 546 council are voting members. A vote of the majority of the voting 547 members present is sufficient for any action of the council, 548 except that a member representing the Department of 549 Transportation or the Department of Economic Opportunity may 550 vote to overrule any action of the council approving a project 551 pursuant to subsection (5). The bylaws of the council may 552 require a greater vote for a particular action. 553 (11)(12)Members of the council shall serve without 554 compensation but are entitled to receive reimbursement for per 555 diem and travel expenses as provided in s. 112.061. The council 556 may elect to provide an administrative staff to provide services 557 to the council on matters relating to the Florida Seaport 558 Transportation and Economic Development Program and the council. 559 The cost for such administrative services shall be paid by all 560 ports that receive funding from the Florida Seaport 561 Transportation and Economic Development Program, based upon a 562 pro rata formula measured by each recipient’s share of the funds 563 as compared to the total funds disbursed to all recipients 564 during the year. The share of costs for administrative services 565 shall be paid in its total amount by the recipient port upon 566 execution by the port and the Department of Transportation of a 567 joint participation agreement for each council-approved project, 568 and such payment is in addition to the matching funds required 569 to be paid by the recipient port. Except as otherwise exempted 570 by law, all moneys derived from the Florida Seaport 571 Transportation and Economic Development Program shall be 572 expended in accordance with the provisions of s. 287.057. 573 Seaports subject to competitive negotiation requirements of a 574 local governing body shall abide by the provisions of s. 575 287.055. 576 (12)(13)Until July 1, 2014, Citrus County may apply for a 577 grant through the Florida Seaport Transportation and Economic 578 Development Council to perform a feasibility study regarding the 579 establishment of a port in Citrus County. The council shall 580 evaluate such application pursuant to subsections (5)-(8)(5)581(9)and, if approved, the Department of Transportation shall 582 include the feasibility study in its budget request pursuant to 583 subsection (9)(10). If the study determines that a port in 584 Citrus County is not feasible, the membership of Port Citrus on 585 the council shall terminate. 586 Section 6. Section 311.10, Florida Statutes, is created to 587 read: 588 311.10 Strategic Port Investment Initiative.— 589 (1) There is created the Strategic Port Investment 590 Initiative within the Department of Transportation. Beginning in 591 fiscal year 2012-2013, a minimum of $35 million annually shall 592 be made available from the State Transportation Trust Fund to 593 fund the Strategic Port Investment Initiative. The Department of 594 Transportation shall work with the deepwater ports listed in s. 595 311.09 to develop and maintain a priority list of strategic 596 investment projects. Project selection shall be based on 597 projects that meet the state’s economic development goal of 598 becoming a hub for trade, logistics, and export-oriented 599 activities by: 600 (a) Providing important access and major on-port capacity 601 improvements; 602 (b) Providing capital improvements to strategically 603 position the state to maximize opportunities in international 604 trade, logistics, or the cruise industry; 605 (c) Achieving state goals of an integrated intermodal 606 transportation system; and 607 (d) Demonstrating the feasibility and availability of 608 matching funds through local or private partners. 609 (2) Before making final project allocations, the Department 610 of Transportation shall schedule a publicly noticed workshop 611 with the Department of Economic Opportunity and the deepwater 612 ports listed in s. 311.09 to review the proposed projects. After 613 considering the comments received, the Department of 614 Transportation shall finalize a prioritized list of potential 615 projects. 616 (3) The Department of Transportation shall, to the maximum 617 extent feasible, include the seaport projects proposed to be 618 funded under this section in the tentative work program 619 developed under s. 339.135(4). 620 Section 7. Section 311.101, Florida Statutes, is created to 621 read: 622 311.101 Intermodal Logistics Center Infrastructure Support 623 Program.— 624 (1) There is created within the Department of 625 Transportation the Intermodal Logistics Center Infrastructure 626 Support Program. The purpose of the program is to provide funds 627 for roads, rail facilities, or other means for the conveyance or 628 shipment of goods through a seaport, thereby enabling the state 629 to respond to private sector market demands and meet the state’s 630 economic development goal of becoming a hub for trade, 631 logistics, and export-oriented activities. The department may 632 provide funds to assist with local government projects or 633 projects performed by private entities which meet the public 634 purpose of enhancing transportation facilities for the 635 conveyance or shipment of goods through a seaport to or from an 636 intermodal logistics center. 637 (2) As used in this section, the term “intermodal logistics 638 center” means a facility or group of facilities, including, but 639 not limited to, an inland port, serving as a point of intermodal 640 transfer of freight in a specific area physically separated from 641 a seaport where activities relating to transport, logistics, 642 goods distribution, consolidation, or value-added activities are 643 carried out and whose activities and services are designed to 644 support or be supported by conveyance or shipping through one or 645 more seaports listed in s. 311.09. 646 (3) The department must consider, but is not limited to, 647 the following criteria when evaluating a project for Intermodal 648 Logistics Center Infrastructure Support Program assistance: 649 (a) The ability of the project to serve a strategic state 650 interest. 651 (b) The ability of the project to facilitate the cost 652 effective and efficient movement of goods. 653 (c) The extent to which the project contributes to economic 654 activity, including job creation, increased wages, and revenues. 655 (d) The extent to which the project efficiently interacts 656 with and supports the transportation network. 657 (e) A commitment of a funding match. 658 (f) The amount of investment or commitments made by the 659 owner or developer of the existing or proposed facility. 660 (g) The extent to which the owner has commitments, 661 including memorandums of understanding or memorandums of 662 agreements, with private sector businesses planning to locate 663 operations at the intermodal logistics center. 664 (h) Demonstrated local financial support and commitment to 665 the project. 666 (4) The department shall coordinate and consult with the 667 Department of Economic Opportunity in the selection of projects 668 to be funded by this program. 669 (5) The department may administer contracts on behalf of 670 the entity selected to receive funding for a project under this 671 section. 672 (6) The department shall provide up to 50 percent of 673 project costs for eligible projects. 674 (7) Beginning in fiscal year 2012-2013, up to $5 million 675 per year shall be made available from the State Transportation 676 Trust Fund for the program. The Department of Transportation 677 shall include projects proposed to be funded under this section 678 in the tentative work program developed pursuant so s. 679 339.135(4). 680 (8) The Department of Transportation may adopt rules to 681 administer this section. 682 Section 8. Subsection (2) of section 311.22, Florida 683 Statutes, is amended to read: 684 311.22 Additional authorization for funding certain 685 dredging projects.— 686 (2) The council shall adopt rules for evaluating the 687 projects that may be funded pursuant to this section. The rules 688 must provide criteria for evaluating the economic benefit of the 689 project. The rules must include the creation of an 690 administrative review process by the council which is similar to 691 the process described in s. 311.09(5)-(11)311.09(5)-(12), and 692 provide for a review by the Department of Transportation and the 693 Department of Economic Opportunity of all projects submitted for 694 funding under this section. 695 Section 9. Paragraph (b) of subsection (1) and paragraph 696 (c) of subsection (2) of section 316.302, Florida Statutes, are 697 amended to read: 698 316.302 Commercial motor vehicles; safety regulations; 699 transporters and shippers of hazardous materials; enforcement.— 700 (1) 701 (b) Except as otherwise provided in this section, all 702 owners or drivers of commercial motor vehicles that are engaged 703 in intrastate commerce are subject to the rules and regulations 704 contained in 49 C.F.R. parts 382, 385, and 390-397, with the 705 exception of 49 C.F.R. s. 390.5 as it relates to the definition 706 of bus, as such rules and regulations existed on October 1, 2011 7072009. 708 (2) 709 (c) Except as provided in 49 C.F.R. s. 395.1, a person who 710 operates a commercial motor vehicle solely in intrastate 711 commerce not transporting any hazardous material in amounts that 712 require placarding pursuant to 49 C.F.R. part 172 may not drive 713 after having been on duty more than 70 hours in any period of 7 714 consecutive days or more than 80 hours in any period of 8 715 consecutive days if the motor carrier operates every day of the 716 week. Thirty-four consecutive hours off duty shall constitute 717 the end of any such period of 7 or 8 consecutive days. This 718 weekly limit does not apply to a person who operates a 719 commercial motor vehicle solely within this state while 720 transporting, during harvest periods, any unprocessed 721 agricultural products or unprocessed food or fiber that is 722 subject to seasonal harvesting from place of harvest to the 723 first place of processing or storage or from place of harvest 724 directly to market or while transporting livestock, livestock 725 feed, or farm supplies directly related to growing or harvesting 726 agricultural products. Upon request of the Department of Highway 727 Safety and Motor VehiclesDepartment of Transportation, motor 728 carriers shall furnish time records or other written 729 verification to that department so that the Department of 730 Highway Safety and Motor VehiclesDepartment of Transportation731 can determine compliance with this subsection. These time 732 records must be furnished to the Department of Highway Safety 733 and Motor VehiclesDepartment of Transportationwithin 2 days 734 after receipt of that department’s request. Falsification of 735 such information is subject to a civil penalty not to exceed 736 $100. The provisions of this paragraph do not apply to operators 737 of farm labor vehicles operated during a state of emergency 738 declared by the Governor or operated pursuant to s. 570.07(21), 739 and do not apply to drivers of utility service vehicles as 740 defined in 49 C.F.R. s. 395.2. 741 Section 10. Subsections (9) and (10) of section 318.14, 742 Florida Statutes, are amended to read: 743 318.14 Noncriminal traffic infractions; exception; 744 procedures.— 745 (9) Any person who does not hold a commercial driver 746driver’slicense and who is cited while driving a noncommercial 747 motor vehicle for an infraction under this section other than a 748 violation of s. 316.183(2), s. 316.187, or s. 316.189 when the 749 driver exceeds the posted limit by 30 miles per hour or more, s. 750 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 751 322.61, or s. 322.62 may, in lieu of a court appearance, elect 752 to attend in the location of his or her choice within this state 753 a basic driver improvement course approved by the Department of 754 Highway Safety and Motor Vehicles. In such a case, adjudication 755 must be withheld and points, as provided by s. 322.27, may not 756 be assessed. However, a person may not make an election under 757 this subsection if the person has made an election under this 758 subsection in the preceding 12 months. A person may not makeno759 more than five elections within his or her lifetime under this 760 subsection. The requirement for community service under s. 761 318.18(8) is not waived by a plea of nolo contendere or by the 762 withholding of adjudication of guilt by a court. If a person 763 makes an election to attend a basic driver improvement course 764 under this subsection, 18 percent of the civil penalty imposed 765 under s. 318.18(3) shall be deposited in the State Courts 766 Revenue Trust Fund; however, that portion is not revenue for 767 purposes of s. 28.36 and may not be used in establishing the 768 budget of the clerk of the court under that section or s. 28.35. 769 (10)(a) Any person who does not hold a commercial driver 770driver’slicense and who is cited while driving a noncommercial 771 motor vehicle for an offense listed under this subsection may, 772 in lieu of payment of fine or court appearance, elect to enter a 773 plea of nolo contendere and provide proof of compliance to the 774 clerk of the court, designated official, or authorized operator 775 of a traffic violations bureau. In such case, adjudication shall 776 be withheld; however, a person may not make annoelectionshall777be madeunder this subsection if thesuchperson has made an 778 election under this subsection in the preceding 12 months 779preceding election hereunder. ANoperson may not make more than 780 three elections under this subsection. This subsection applies 781 to the following offenses: 782 1. Operating a motor vehicle without a valid driver 783driver’slicense in violation ofthe provisions ofs. 322.03, s. 784 322.065, or s. 322.15(1), or operating a motor vehicle with a 785 license that has been suspended for failure to appear, failure 786 to pay civil penalty, or failure to attend a driver improvement 787 course pursuant to s. 322.291. 788 2. Operating a motor vehicle without a valid registration 789 in violation of s. 320.0605, s. 320.07, or s. 320.131. 790 3. Operating a motor vehicle in violation of s. 316.646. 791 4. Operating a motor vehicle with a license that has been 792 suspended under s. 61.13016 or s. 322.245 for failure to pay 793 child support or for failure to pay any other financial 794 obligation as provided in s. 322.245; however, this subparagraph 795 does not apply if the license has been suspended pursuant to s. 796 322.245(1). 797 5. Operating a motor vehicle with a license that has been 798 suspended under s. 322.091 for failure to meet school attendance 799 requirements. 800 (b) Any person cited for an offense listed in this 801 subsection shall present proof of compliance beforeprior tothe 802 scheduled court appearance date. For the purposes of this 803 subsection, proof of compliance shall consist of a valid, 804 renewed, or reinstated driverdriver’slicense or registration 805 certificate and proper proof of maintenance of security as 806 required by s. 316.646. Notwithstanding waiver of fine, any 807 person establishing proof of compliance shall be assessed court 808 costs of $25, except that a person charged with violation of s. 809 316.646(1)-(3) may be assessed court costs of $8. One dollar of 810 such costs shall be remitted to the Department of Revenue for 811 deposit into the Child Welfare Training Trust Fund of the 812 Department of Children and Family Services. One dollar of such 813 costs shall be distributed to the Department of Juvenile Justice 814 for deposit into the Juvenile Justice Training Trust Fund. 815 Fourteen dollars of such costs shall be distributed to the 816 municipality and $9 shall be deposited by the clerk of the court 817 into the fine and forfeiture fund established pursuant to s. 818 142.01, if the offense was committed within the municipality. If 819 the offense was committed in an unincorporated area of a county 820 or if the citation was for a violation of s. 316.646(1)-(3), the 821 entire amount shall be deposited by the clerk of the court into 822 the fine and forfeiture fund established pursuant to s. 142.01, 823 except for the moneys to be deposited into the Child Welfare 824 Training Trust Fund and the Juvenile Justice Training Trust 825 Fund. This subsection doesshallnotbe construed toauthorize 826 the operation of a vehicle without a valid driverdriver’s827 license, without a valid vehicle tag and registration, or 828 without the maintenance of required security. 829 Section 11. Section 319.32, Florida Statutes, is amended to 830 read: 831 319.32 Fees; service charges; disposition.— 832 (1) The department shall charge a fee of $70 for each 833 original certificate of title, except for a certificate of title 834 for a motor vehicle for hire registered under s. 320.08(6) for 835 which the title fee shall be $49; $70 for each duplicate copy of 836 a certificate of title, except for a certificate of title for a 837 motor vehicle for hire registered under s. 320.08(6) for which 838 the title fee shall be $49; $2 for each salvage certificate of 839 title; and $3 for each assignment by a lienholder. The 840 department shall also charge a fee of $2 for noting a lien on a 841 title certificate, which fee includes the services for the 842 subsequent issuance of a corrected certificate or cancellation 843 of lien when that lien is satisfied. If an application for a 844 certificate of title is for a vehicle that is required by s. 845 319.14(1)(b) to have a physical examination, the department 846 shall charge an additional fee of $40 for the initial 847 examination and $20 for each subsequent examination. The initial 848 examination fee shall be deposited into the General Revenue 849 Fund, and each subsequent examination fee shall be deposited 850 into the Highway Safety Operating Trust Fund. The physical 851 examination of the vehicle includes, but is not limited to, 852 verification of the vehicle identification number and 853 verification of the bill of sale or title for major components. 854 In addition to all other fees charged, a sum of $1 shall be paid 855 for the issuance of an original or duplicate certificate of 856 title to cover the cost of materials used for security purposes. 857 A service fee of $2.50, to be deposited into the Highway Safety 858 Operating Trust Fund, shall be charged for shipping and handling 859 for each paper title mailed by the department. 860 (2)(a) There shall be a service charge of $4.25 for each 861 application thatwhichis handled in connection with the 862 issuance, duplication, or transfer of any certificate of title. 863 There shall be a service charge of $1.25 for each application 864 thatwhichis handled in connection with the recordation or 865 notation of a lien on a motor vehicle or mobile home which is 866 not in connection with the purchase of such vehicle. 867 (b) The service charges specified in paragraph (a) shall be 868 collected by the department on any application handled directly 869 from its office. Otherwise, these service charges shall be 870 collected and retained by the tax collector who handles the 871 application. 872 (3) The department shall charge a fee of $10 in addition to 873 that charged in subsection (1) for each original certificate of 874 title issued for a vehicle previously registered outside this 875 state. 876 (4) The department shall charge a fee of $7 for each lien 877 placed on a motor vehicle by the state child support enforcement 878 program pursuant to s. 319.24. 879 (5)(a) Forty-seven dollars of each fee collected, except 880 for fees charged on a certificate of title for a motor vehicle 881 for hire registered under s. 320.08(6), for each applicable 882 original certificate of title and each applicable duplicate copy 883 of a certificate of title, after deducting the service charges 884 imposed by s. 215.20, shall be deposited into the State 885 Transportation Trust Fund. Deposits to the State Transportation 886 Trust Fund pursuant to this paragraph may not exceed $200 887 million in any fiscal year and any collections in excess of that 888 amount during the fiscal year shall be paid into the General 889 Revenue Fund. 890 (b) All fees collected pursuant to subsection (3) shall be 891 paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of 892 each fee, except for fees charged on a certificate of title for 893 a motor vehicle for hire registered under s. 320.08(6), for each 894 applicable original certificate of title and each applicable 895 duplicate copy of a certificate of title, after deducting the 896 service charges imposed by s. 215.20, shall be deposited into 897 the State Transportation Trust Fund. All other fees collected by 898 the department under this chapter shall be paid into the General 899 Revenue Fund. 900 (6) Notwithstanding chapter 116, eacheverycounty officer 901 within this state authorized to collect funds provided for in 902 this chapter shall pay all sums officially received by the 903 officer into the State Treasury no later than 5 working days 904 after the close of the business day in which the officer 905 received the funds. Payment by county officers to the state 906 shall be made by means of electronic funds transfer. 907 Section 12. Funds that result from increased revenues to 908 the State Transportation Trust Fund derived from the amendments 909 to s. 319.32(5)(a), Florida Statutes, made by this act must be 910 used as follows, notwithstanding any other provision of law: 911 (1)(a) In the 2012-2013 fiscal year, $200 million, or 912 actual receipts up to $200 million, shall be transferred to the 913 General Revenue Fund. 914 (b) The Department of Transportation shall transfer the 915 actual receipts monthly to the General Revenue Fund. These 916 transfers shall be made in the month following the deposit of 917 those receipts into the State Transportation Trust Fund. 918 (2) Beginning in 2013-2014 fiscal year and annually for up 919 to 30 years thereafter, $10 million shall be for the purpose of 920 funding any seaport project identified in the adopted work 921 program of the Department of Transportation, to be known as the 922 Seaport Investment Program. The revenues may be assigned, 923 pledged, or set aside as a trust for the payment of principal or 924 interest on bonds, tax anticipation certificates, or other forms 925 of indebtedness issued by an individual port or appropriate 926 local government having jurisdiction thereof, or collectively by 927 interlocal agreement among any of the ports, or used to purchase 928 credit support to permit such borrowings. However, the debt is 929 not a general obligation of the state. The state covenants with 930 holders of the revenue bonds or other instruments of 931 indebtedness issued pursuant to this subsection that it will not 932 repeal or impair or amend this subsection in any manner that 933 will materially or adversely affect the rights of holders so 934 long as bonds authorized by this subsection are outstanding. The 935 proceeds of any bonds or other indebtedness secured by a pledge 936 of the funding, after payment of costs of issuance and 937 establishment of any required reserves, shall be invested in 938 projects approved by the Department of Transportation and 939 included in the department’s adopted work program, by amendment 940 if necessary. Any revenues that are not pledged to the repayment 941 of bonds as authorized by this section may be used for purposes 942 authorized under the Florida Seaport Transportation and Economic 943 Development Program. This revenue source is in addition to any 944 amounts provided for and appropriated in accordance with ss. 945 311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds 946 shall be issued by the Division of Bond Finance at the request 947 of the Department of Transportation pursuant to the State Bond 948 Act. 949 (3) Beginning in the 2013-2014 fiscal year and annually for 950 up to 30 years thereafter, $35 million shall be transferred to 951 Florida’s Turnpike Enterprise, to be used in accordance with 952 Florida Turnpike Enterprise Law, to the maximum extent feasible 953 for feeder roads, structures, interchanges, appurtenances, and 954 other rights to create or facilitate access to the existing 955 turnpike system. 956 (4) Beginning in the 2013-2014 fiscal year and annually 957 thereafter, $10 million shall be transferred to the 958 Transportation Disadvantaged Trust Fund, to be used as specified 959 in s. 427.0159, Florida Statutes. 960 (5) Beginning in the 2013-2014 fiscal year and annually 961 thereafter, $10 million shall be allocated to the Small County 962 Outreach Program, to be used as specified in s. 339.2818, 963 Florida Statutes. These funds are in addition to the funds 964 provided in s. 201.15(1)(c)1.b., Florida Statutes. 965 (6) After the distributions required pursuant to 966 subsections (1)-(5), the remaining funds shall be used annually 967 for transportation projects within this state for existing or 968 planned strategic transportation projects which connect major 969 markets within this state or between this state and other 970 states, which focus on job creation, and which increase this 971 state’s viability in the national and global markets. 972 (7) Pursuant to s. 339.135(7), Florida Statutes, the 973 department shall amend the work program to add the projects 974 provided for in this section. 975 Section 13. Subsections (3) and (4) of section 320.20, 976 Florida Statutes, are amended to read: 977 320.20 Disposition of license tax moneys.—The revenue 978 derived from the registration of motor vehicles, including any 979 delinquent fees and excluding those revenues collected and 980 distributed under the provisions of s. 320.081, must be 981 distributed monthly, as collected, as follows: 982 (3) Notwithstanding any other provision of law except 983 subsections (1) and (2),on July 1, 1996, and annually984thereafter,$15 million shall be deposited annually intointhe 985 State Transportation Trust Fund solely for the purposes of 986 funding the Florida Seaport Transportation and Economic 987 Development Program as providedforin chapter 311. Such 988 revenues shall be distributed on a 50-50 matching basis to any 989 port listed in s. 311.09(1) to be used for funding projects as 990 described in s. 311.07(3)(b). Such revenues may be assigned, 991 pledged, or set aside as a trust for the payment of principal or 992 interest on bonds, tax anticipation certificates, or any other 993 form of indebtedness issued by an individual port or appropriate 994 local government having jurisdiction thereof, or collectively by 995 interlocal agreement among any of the ports, or used to purchase 996 credit support to permit such borrowings. However, such debt is 997shallnotconstitutea general obligation of the stateof998Florida. The state covenantsdoes hereby covenantwith holders 999 of such revenue bonds or other instruments of indebtedness 1000 issuedhereunderthat it will not repeal or impair or amend in 1001 any manner thatwhichwill materially and adversely affect the 1002 rights of such holders so long as bonds authorized by this 1003 section are outstanding. Any revenues thatwhichare not pledged 1004 to the repayment of bondsasauthorized by this section may be 1005 usedutilizedfor purposes authorized under the Florida Seaport 1006 Transportation and Economic Development Program. This revenue 1007 source is in addition to any amounts providedforand 1008 appropriated in accordance with s. 311.07. The Florida Seaport 1009 Transportation and Economic Development Council shall approve 1010 the distribution of funds to ports for projects thatwhichhave 1011 been approved pursuant to s. 311.09(5)-(8)311.09(5)-(9). The 1012 council and the Department of Transportation mayare authorized1013toperformsuchactsas arerequired to facilitate and implement 1014 the provisions of this subsection. To better enable the ports to 1015 cooperate to their mutual advantage, the governing body of each 1016 port may exercise powers provided to municipalities or counties 1017 in s. 163.01(7)(d) subject tothe provisions ofchapter 311 and 1018 special acts, if any, pertaining to a port. The use of funds 1019 provided pursuant to this subsection are limited to eligible 1020 projects listed in this subsection. Income derived from a 1021 project completed with the use of program funds, beyond 1022 operating costs and debt service, isshall berestricted solely 1023 to further port capital improvements consistent with maritime 1024 purposesand for no other purpose. Use of such income for 1025 nonmaritime purposes is prohibited.The provisions of s.1026311.07(4) do not apply to any funds received pursuant to this1027subsection.The revenues available under this subsection may 1028shallnot be pledged to the payment of any bonds other than the 1029 Florida Ports Financing Commission Series 1996 and Series 1999 1030 Bonds currently outstanding;provided,however, such revenues 1031 may be pledged to secure payment of refunding bonds to refinance 1032 the Florida Ports Financing Commission Series 1996 and Series 1033 1999 Bonds.NoRefunding bonds secured by revenues available 1034 under this subsection may not be issued with a final maturity 1035 later than the final maturity of the Florida Ports Financing 1036 Commission Series 1996 and Series 1999 Bonds or which provide 1037 for higher debt service in any year than is currently payable on 1038 such bonds. Any revenue bonds or other indebtedness issued after 1039 July 1, 2000, other than refunding bonds shall be issued by the 1040 Division of Bond Finance at the request of the Department of 1041 Transportation pursuant to the State Bond Act. 1042 (4) Notwithstanding any other provision of law except 1043 subsections (1), (2), and (3),on July 1, 1999, and annually1044thereafter,$10 million shall be deposited annually intointhe 1045 State Transportation Trust Fund solely for the purposes of 1046 funding the Florida Seaport Transportation and Economic 1047 Development Program as provided in chapter 311 and for funding 1048 seaport intermodal access projects of statewide significance as 1049 provided in s. 341.053. Such revenues shall be distributed to 1050 any port listed in s. 311.09(1), to be used for funding projects 1051 as follows: 1052 (a) For any seaport intermodal access projects that are 1053 identified in the 1997-1998 Tentative Work Program of the 1054 Department of Transportation, up to the amounts needed to offset 1055 the funding requirements of this section. 1056 (b) For seaport intermodal access projects as described in 1057 s. 341.053(5) whichthatare identified in the 5-year Florida 1058 Seaport Mission Plan as provided in s. 311.09(3). Funding for 1059 such projects shall be on a matching basis as mutually 1060 determined by the Florida Seaport Transportation and Economic 1061 Development Council and the Department of Transportation if,1062provideda minimum of 25 percent of total project fundsshall1063 come from any port funds, local funds, private funds, or 1064 specifically earmarked federal funds. 1065 (c) On a 50-50 matching basis for projects as described in 1066 s. 311.07(3)(b). 1067 (d) For seaport intermodal access projects that involve the 1068 dredging or deepening of channels, turning basins, or harbors; 1069 or the rehabilitation of wharves, docks, or similar structures. 1070 Funding for such projects requiresshall requirea 25 percent 1071 match of the funds received pursuant to this subsection. 1072 Matching funds mustshallcome from any port funds, federal 1073 funds, local funds, or private funds. 1074 1075 Such revenues may be assigned, pledged, or set aside as a trust 1076 for the payment of principal or interest on bonds, tax 1077 anticipation certificates, oranyother form of indebtedness 1078 issued by an individual port or appropriate local government 1079 having jurisdiction thereof, or collectively by interlocal 1080 agreement among any of the ports, or used to purchase credit 1081 support to permit such borrowings. However, such debt isshall1082 notconstitutea general obligation of the state. This state 1083 covenantsdoes hereby covenantwith holders of such revenue 1084 bonds or other instruments of indebtedness issued hereunder that 1085 it will not repeal or impair or amend this subsection in any 1086 manner thatwhichwill materially and adversely affect the 1087 rights of holders so long as bonds authorized by this subsection 1088 are outstanding. Any revenues that are not pledged to the 1089 repayment of bonds as authorized by this section may be used 1090utilizedfor purposes authorized under the Florida Seaport 1091 Transportation and Economic Development Program. This revenue 1092 source is in addition to any amounts provided for and 1093 appropriated in accordance with s. 311.07 and subsection (3). 1094 The Florida Seaport Transportation and Economic Development 1095 Council shall approve distribution of funds to ports for 1096 projects that have been approved pursuant to s. 311.09(5)-(8) 1097311.09(5)-(9), or for seaport intermodal access projects 1098 identified in the 5-year Florida Seaport Mission Plan as 1099 provided in s. 311.09(3) and mutually agreed upon by the FSTED 1100 Council and the Department of Transportation. All contracts for 1101 actual construction of projects authorized by this subsection 1102 must include a provision encouraging employment of participants 1103 in the welfare transition program. The goal for such employment 1104of participants in the welfare transition programis 25 percent 1105 of all new employees employed specifically for the project, 1106 unless the Department of Transportation and the Florida Seaport 1107 Transportation and Economic Development Council demonstrate that 1108 such a requirement would severely hamper the successful 1109 completion of the project. In such an instance, Workforce 1110 Florida, Inc., shall establish an appropriate percentage of 1111 employees who arethat must beparticipants in the welfare 1112 transition program. The council and the Department of 1113 Transportation mayare authorized toperform such acts as are 1114 required to facilitate and implement the provisions of this 1115 subsection. To better enable the ports to cooperate to their 1116 mutual advantage, the governing body of each port may exercise 1117 powers provided to municipalities or counties in s. 163.01(7)(d) 1118 subject to the provisions of chapter 311 and special acts, if 1119 any, pertaining to a port. The use of funds provided pursuant to 1120 this subsection is limited to eligible projects listed in this 1121 subsection.The provisions of s.311.07(4) do not apply to any1122funds received pursuant to this subsection.The revenues 1123 available under this subsection mayshallnot be pledged to the 1124 payment of any bonds other than the Florida Ports Financing 1125 Commission Series 1996 and Series 1999 Bonds currently 1126 outstanding;provided,however, such revenues may be pledged to 1127 secure payment of refunding bonds to refinance the Florida Ports 1128 Financing Commission Series 1996 and Series 1999 Bonds.No1129 Refunding bonds secured by revenues available under this 1130 subsection may not be issued with a final maturity later than 1131 the final maturity of the Florida Ports Financing Commission 1132 Series 1996 and Series 1999 Bonds or which provide for higher 1133 debt service in any year than is currently payable on such 1134 bonds. Any revenue bonds or other indebtedness issued after July 1135 1, 2000, other than refunding bonds shall be issued by the 1136 Division of Bond Finance at the request of the Department of 1137 Transportation pursuant to the State Bond Act. 1138 Section 14. Section 320.204, Florida Statutes, is repealed. 1139 Section 15. Subsection (3) of section 322.07, Florida 1140 Statutes, is amended to read: 1141 322.07 Instruction permits and temporary licenses.— 1142 (3) Any person who, except for his or her lack of 1143 instruction in operating a commercial motor vehicle, would 1144 otherwise be qualified to obtain a commercial driverdriver’s1145 license under this chapter, may apply for a temporary commercial 1146 instruction permit. The department shall issue such a permit 1147 entitling the applicant, while having the permit in his or her 1148 immediate possession, to drive a commercial motor vehicle on the 1149 highways, ifprovided that: 1150 (a) The applicant possesses a valid Florida driverdriver’s1151 licenseissued in any state; and 1152 (b) The applicant, while operating a commercial motor 1153 vehicle, is accompanied by a licensed driver who is 21 years of 1154 age or older, who is licensed to operate the class of vehicle 1155 being operated, and who isactuallyoccupying the closest seat 1156 to the right of the driver. 1157 Section 16. Subsection (2) of section 322.53, Florida 1158 Statutes, is amended to read: 1159 322.53 License required; exemptions.— 1160 (2) The following persons are exempt from the requirement 1161 to obtain a commercial driverdriver’slicense: 1162 (a) Drivers of authorized emergency vehicles. 1163 (b) Military personnel driving vehicles operated for 1164 military purposes. 1165 (c) Farmers transporting agricultural products, farm 1166 supplies, or farm machinery to or from their farms and within 1167 150 miles of their farmsfarm, if the vehicle operated under 1168 this exemption is not used in the operations of a common or 1169 contract motor carrieror transporting agricultural products to1170or from the first place of storage or processing or directly to1171or from market, within 150 miles of their farm. 1172 (d) Drivers of recreational vehicles, as defined in s. 1173 320.01. 1174 (e) Drivers who operate straight trucks, as defined in s. 1175 316.003, and whothatareexclusivelytransporting exclusively 1176 their own tangible personal property, which is not for sale. 1177 (f) EmployeesAn employeeof a publicly owned transit 1178 system who areislimited to moving vehicles for maintenance or 1179 parking purposes exclusively within the restricted-access 1180 confines of a transit system’s property. 1181 Section 17. Subsection (2) of section 322.54, Florida 1182 Statutes, is amended to read: 1183 322.54 Classification.— 1184 (2) The department shall issue, pursuant to the 1185 requirements of this chapter, driverdrivers’licenses in 1186 accordance with the following classifications: 1187 (a) Any person who drives a motor vehicle combination 1188 having a gross vehicle weight rating or gross vehicle weight of 1189 26,001 pounds or more must possess a valid Class A driver 1190driver’slicense, ifprovidedthe gross vehicle weight rating or 1191 gross vehicle weight of the vehicle being towed is more than 1192 10,000 pounds. Any person who possesses a valid Class A driver 1193driver’slicense may, subject to the appropriate restrictions 1194 and endorsements, drive any class of motor vehicle within this 1195 state. 1196 (b) Any person, except a person who possesses a valid Class 1197 A driverdriver’slicense, who drives a motor vehicle having a 1198 gross vehicle weight rating or gross vehicle weight of 26,001 1199 pounds or more must possess a valid Class B driverdriver’s1200 license. Any person, except a person who possesses a valid Class 1201 A driverdriver’slicense, who drives such vehicle towing a 1202 vehicle having a gross vehicle weight rating of 10,000 pounds or 1203 less must possess a valid Class B driverdriver’slicense. Any 1204 person who possesses a valid Class B driverdriver’slicense 1205 may, subject to the appropriate restrictions and endorsements, 1206 drive any class of motor vehicle, other than the type of motor 1207 vehicle for which a Class A driverdriver’slicense is required, 1208 within this state. 1209 (c) Any person, except a person who possesses a valid Class 1210 A or a valid Class B driverdriver’slicense, who drives a motor 1211 vehicle having a gross vehicle weight rating of less than 26,001 1212 pounds and who is required to obtain an endorsement pursuant to 1213 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s. 1214 322.57, must possess a valid Class C driverdriver’slicense. 1215 Any person who possesses a valid Class C driverdriver’slicense 1216 may, subject to the appropriate restrictions and endorsements, 1217 drive any class of motor vehicle, other than the type of motor 1218 vehicle for which a Class A or a Class B driverdriver’slicense 1219 is required, within this state. 1220 (d) Any person, except a person who possesses a valid Class 1221 A, valid Class B, or valid Class C driverdriver’slicense, who 1222 drives a motor vehicle must possess a valid Class E driver 1223driver’slicense. Any person who possesses a valid Class E 1224 driverdriver’slicense may, subject to the appropriate 1225 restrictions and endorsements, drive any type of motor vehicle, 1226 other than the type of motor vehicle for which a Class A, Class 1227 B, or Class C driverdriver’slicense is required, within this 1228 state. 1229 Section 18. Section 322.59, Florida Statutes, is amended to 1230 read: 1231 322.59 Possession of medical examiner’s certificate.— 1232 (1) The department mayshallnot issue a commercial driver 1233driver’slicense to aanyperson who is required by the laws of 1234 this state or by federal law to possess a medical examiner’s 1235 certificate, unless thesuchperson presents a valid 1236 certificate, as described in 49 C.F.R. s. 383.71, beforeprior1237tolicensure. 1238 (2) The department shall disqualify a driver from operating 1239 a commercial motor vehicle if the driver holds a commercial 1240 driver license and fails to comply with the medical 1241 certification requirements in 49 C.F.R. s. 383.71This section1242does not expand the requirements as to who must possess a1243medical examiner’s certificate. 1244 (3) A person who is disqualified from operating a 1245 commercial motor vehicle under this section may, if otherwise 1246 qualified, be issued a Class E driver license pursuant to s. 1247 322.251. 1248 Section 19. Subsections (3) and (5) of section 322.61, 1249 Florida Statutes, are amended to read: 1250 322.61 Disqualification from operating a commercial motor 1251 vehicle.— 1252 (3)(a) Except as provided in subsection (4), any person who 1253 is convicted of one of the offenses listed in paragraph (b) 1254 while operating a commercial motor vehicle shall, in addition to 1255 any other applicable penalties, be disqualified from operating a 1256 commercial motor vehicle for a period of 1 year.:1257 (b) Except as provided in subsection (4), any holder of a 1258 commercial driverdriver’slicense who is convicted of one of 1259 the offenses listed in this paragraph while operating a 1260 noncommercial motor vehicle shall, in addition to any other 1261 applicable penalties, be disqualified from operating a 1262 commercial motor vehicle for a period of 1 year: 1263 1. Driving a motor vehicle while he or she is under the 1264 influence of alcohol or a controlled substance; 1265 2. Driving a commercial motor vehicle while the alcohol 1266 concentration of his or her blood, breath, or urine is .04 1267 percent or higher; 1268 3. Leaving the scene of a crash involving a motor vehicle 1269 driven by such person; 1270 4. Using a motor vehicle in the commission of a felony; 1271 5. Driving a commercial motor vehicle while in possession 1272 of a controlled substance; 1273 6. Refusing to submit to a test to determine his or her 1274 alcohol concentration while driving a motor vehicle; 1275 7. Driving a commercial vehicle while the licenseholder’s 1276 commercial driverdriver’slicense is suspended, revoked, or 1277 canceled or while the licenseholder is disqualified from driving 1278 a commercial vehicle; or 1279 8. Causing a fatality through the negligent operation of a 1280 commercial motor vehicle. 1281 (5) AAnyperson who is convicted of two violations 1282 specified in subsection (3) which were committed while operating 1283 a commercial motor vehicle, or any combination thereof, arising 1284 in separate incidents shall be permanently disqualified from 1285 operating a commercial motor vehicle. AAnyholder of a 1286 commercial driverdriver’slicense who is convicted of two 1287 violations specified in subsection (3) which were committed 1288 while operating anya noncommercialmotor vehicle, or any1289combination thereof,arising in separate incidents shall be 1290 permanently disqualified from operating a commercial motor 1291 vehicle. The penalty provided in this subsection is in addition 1292 to any other applicable penalty. 1293 Section 20. Present subsections (8) through (13) of section 1294 334.30, Florida Statutes, are redesignated as subsections (7) 1295 through (12), respectively, and present subsection (7) of that 1296 section is amended, to read: 1297 334.30 Public-private transportation facilities.—The 1298 Legislature finds and declares that there is a public need for 1299 the rapid construction of safe and efficient transportation 1300 facilities for the purpose of traveling within the state, and 1301 that it is in the public’s interest to provide for the 1302 construction of additional safe, convenient, and economical 1303 transportation facilities. 1304(7) The department may lend funds from the Toll Facilities1305Revolving Trust Fund, as outlined in s.338.251, to private1306entities that construct projects on the State Highway System1307containing toll facilities that are approved under this section.1308To be eligible, a private entity must comply with s.338.251and1309must provide an indication from a nationally recognized rating1310agency that the senior bonds for the project will be investment1311grade, or must provide credit support such as a letter of credit1312or other means acceptable to the department, to ensure that the1313loans will be fully repaid. The state’s liability for the1314funding of a facility is limited to the amount approved for that1315specific facility in the department’s 5-year work program1316adopted pursuant to s.339.135.1317 Section 21. Subsection (5) is added to section 335.074, 1318 Florida Statutes, to read: 1319 335.074 Safety inspection of bridges.— 1320 (5) Upon receipt of an inspection report that recommends 1321 reducing the weight, size, or speed limit on a bridge, the 1322 governmental entity having maintenance responsibility for the 1323 bridge shall reduce the maximum limits for the bridge in 1324 accordance with the inspection report and shall post the limits 1325 in accordance with s. 316.555. The governmental entity shall, 1326 within 30 days after receipt of an inspection report 1327 recommending lower limits, notify the department that the 1328 limitations have been implemented and the limits have been 1329 posted accordingly. If the required actions are not taken within 1330 30 days after receipt of an inspection report, the department 1331 shall post the limits on the bridge in accordance with the 1332 recommendations in the inspection report. The costs incurred by 1333 the department in connection with providing notice of the 1334 bridge’s limitations or restrictions shall be assessed against 1335 and collected from the governmental entity having maintenance 1336 responsibility for the bridge. If an inspection report 1337 recommends closure of a bridge, the bridge shall be immediately 1338 closed. If the governmental entity does not close the bridge 1339 immediately upon receipt of an inspection report recommending 1340 closure, the department shall close the bridge. The costs 1341 incurred by the department in connection with the bridge closure 1342 shall be assessed against and collected from the governmental 1343 entity having maintenance responsibility for the bridge. This 1344 subsection does not alter existing jurisdictional 1345 responsibilities for the operation and maintenance of bridges. 1346 Section 22. Section 338.151, Florida Statutes, is created 1347 to read: 1348 338.151 Authority of the department to establish tolls on 1349 the State Highway System.—Notwithstanding s. 338.165(8), the 1350 department may establish tolls on new limited access facilities 1351 on the State Highway System, lanes added to existing limited 1352 access facilities on the State Highway System, new major bridges 1353 on the State Highway System over waterways, and replacements for 1354 existing major bridges on the State Highway System over 1355 waterways to pay, fully or partially, for the cost of such 1356 projects. Except for high-occupancy vehicle lanes, express 1357 lanes, the turnpike system, and as otherwise authorized by law, 1358 the department may not establish tolls on lanes of limited 1359 access facilities that exist on July 1, 2012, unless tolls were 1360 in effect for the lanes before that date. The authority provided 1361 in this section is in addition to the authority provided under 1362 the Florida Turnpike Enterprise Law and s. 338.166. 1363 Section 23. Subsection (1) of section 338.155, Florida 1364 Statutes, is amended to read: 1365 338.155 Payment of toll on toll facilities required; 1366 exemptions.— 1367 (1) A person may notNo persons are permitted touse any 1368 toll facility without payment of tolls, except employees of the 1369 agency operating the toll project when using the toll facility 1370 on official state business, state military personnel while on 1371 official military business, handicapped persons as provided in 1372 this section, persons exempt from toll payment by the 1373 authorizing resolution for bonds issued to finance the facility, 1374 and persons exempt on a temporary basis where use of such toll 1375 facility is required as a detour route. Any law enforcement 1376 officer operating a marked official vehicle is exempt from toll 1377 payment when on official law enforcement business. Any person 1378 operating a fire vehicle when on official business or a rescue 1379 vehicle when on official business is exempt from toll payment. 1380 Any person participating in the funeral procession of a law 1381 enforcement officer or firefighter killed in the line of duty is 1382 exempt from toll payment. The secretary,or the secretary’s 1383 designee,may suspend the payment of tolls on a toll facility 1384 when necessary to assist in emergency evacuation. The failure to 1385 pay a prescribed toll constitutes a noncriminal traffic 1386 infraction, punishable as a moving violation as provided in 1387pursuant tos. 318.18. The department mayis authorized toadopt 1388 rules relating to the payment, collection, and enforcement of 1389 tolls, as authorized in chapters 316, 318, 320, 322, and 338, 1390 including, but not limited to, rules for the implementation of 1391 video or other image billing and variable pricing. The 1392 department may by rule allow the use of toll facilities that it 1393 manages by public transit vehicles or by vehicles participating 1394 in a funeral procession for an active-duty military service 1395 member without the payment of tolls if the revenues of these 1396 toll facilities are not pledged to repayment of bonds. 1397 Section 24. Section 338.161, Florida Statutes, is amended 1398 to read: 1399 338.161Authority of department or toll agencies to1400advertise and promote electronic toll collection;Expanded uses 1401 of electronic toll collection system; studies authorized.— 1402 (1) The department mayis authorized toincur expenses for 1403 paid advertising, marketing, and promotion of toll facilities 1404 and electronic toll collection products and services. Promotions 1405 may include discounts and free products. 1406 (2) The department mayis authorized toreceive funds from 1407 advertising placed on electronic toll collection products and 1408 promotional materials to defray the costs of products and 1409 services. 1410 (3)(a)The department or any toll agency created by statute 1411 may incur expenses to advertise or promote its electronic toll 1412 collection system to consumers on or off the turnpike or toll 1413 system. 1414 (4)(b)If the department oranytoll agency created by 1415 statute finds that it can increase nontoll revenues or add 1416 convenience or other value for its customers, the department or 1417 toll agency may enter into agreements with aanyprivate or 1418 public entity allowing the use of its electronic toll collection 1419 system to pay parking fees for vehicles equipped with a 1420 transponder or similar device. The department or toll agency may 1421 initiate feasibility studies of otheradditionalfuture uses of 1422 its electronic toll collection system and make recommendations 1423 to the Legislature to authorize such uses. 1424 (5) If the department finds that it can increase nontoll 1425 revenues or add convenience or other value for its customers, 1426 and if a public or private transportation facility owner agrees 1427 that its facility will become interoperable with the 1428 department’s electronic toll collection and video billing 1429 systems, the department may enter into an agreement with the 1430 owner of such facility under which the department uses its 1431 systems to collect and enforce for the owner tolls, fares, 1432 administrative fees, and other applicable charges due in 1433 connection with use of the owner’s facility. 1434 Section 25. Subsection (10) is added to section 338.165, 1435 Florida Statutes, to read: 1436 338.165 Continuation of tolls.— 1437 (10) The department’s Beachline-East Expressway may be 1438 transferred by the department and become part of the turnpike 1439 system under the Florida Turnpike Enterprise Law. Any funds 1440 expended by the Florida Turnpike Enterprise for the acquisition 1441 of the Beachline-East Expressway shall be deposited into the 1442 State Transportation Trust Fund, and, notwithstanding any other 1443 law to the contrary, such funds shall first be allocated by the 1444 department to fund the department’s obligation to construct 1445 Wekiva Parkway. The term “Wekiva Parkway” means a limited access 1446 highway or expressway constructed between State Road 429 and 1447 Interstate 4 specifically incorporating the corridor alignment 1448 recommended by Recommendation 2 of the Wekiva River Basin Area 1449 Task Force final report dated January 15, 2003, and the 1450 recommendations of the SR 429 Working Group which were adopted 1451 January 16, 2004, and related transportation facilities. 1452 Section 26. Section 338.166, Florida Statutes, is amended 1453 to read: 1454 338.166 High-occupancy toll lanes or express lanes.— 1455 (1) Under s. 11, Art. VII of the State Constitution, the 1456 department may request the Division of Bond Finance to issue 1457 bonds secured by toll revenues collected on high-occupancy toll 1458 lanes or express lanes established on facilities owned by the 1459 departmentlocated on Interstate 95 in Miami-Dade and Broward1460Counties. 1461 (2) The department may continue to collect the toll on the 1462 high-occupancy toll lanes or express lanes after the discharge 1463 of any bond indebtedness related to such project. All tolls so 1464 collected shall first be used to pay the annual cost of the 1465 operation, maintenance, and improvement of the high-occupancy 1466 toll lanes or express lanes project or associated transportation 1467 system. 1468 (3) Any remaining toll revenue from the high-occupancy toll 1469 lanes or express lanes shall be used by the department for the 1470 construction, maintenance, or improvement of any road on the 1471 State Highway System within the county or counties in which the 1472 toll revenues were collected or to support express bus service 1473 on the facility where the toll revenues were collected. 1474 (4) The department may implement variable rate tolls on 1475 high-occupancy toll lanes or express lanes. 1476 (5) Except for high-occupancy toll lanes or express lanes, 1477 tolls may not be charged for use of an interstate highway where 1478 tolls were not charged as of July 1, 1997. 1479 (6) This section does not apply to the turnpike system as 1480 defined under the Florida Turnpike Enterprise Law. 1481 Section 27. Paragraph (a) of subsection (8) of section 1482 338.221, Florida Statutes, is amended to read: 1483 338.221 Definitions of terms used in ss. 338.22-338.241.—As 1484 used in ss. 338.22-338.241, the following words and terms have 1485 the following meanings, unless the context indicates another or 1486 different meaning or intent: 1487 (8) “Economically feasible” means: 1488 (a) For a proposed turnpike project, that, as determined by 1489 the department before the issuance of revenue bonds for the 1490 project, the estimated net revenues of the proposed turnpike 1491 project, excluding feeder roads and turnpike improvements, will 1492 be sufficient to pay at least 50 percent of the annual debt 1493 service on the bonds associated with the project by the end of 1494 the 12th year of operation and to pay at least 100 percent of 1495 the debt service on the bonds by the end of the 30th22ndyear 1496 of operation. In implementing this paragraph, up to 50 percent 1497 of the adopted work program costs of the project may be funded 1498 from turnpike revenues. 1499 1500 This subsection does not prohibit the pledging of revenues from 1501 the entire turnpike system to bonds issued to finance or 1502 refinance a turnpike project or group of turnpike projects. 1503 Section 28. Paragraphs (a) and (b) of subsection (1) of 1504 section 338.223, Florida Statutes, are amended to read: 1505 338.223 Proposed turnpike projects.— 1506 (1)(a) Any proposed project to be constructed or acquired 1507 as part of the turnpike system and any turnpike improvement 1508 shall be included in the tentative work program. ANoproposed 1509 project or group of proposed projects may notshallbe added to 1510 the turnpike system unless such project or projects are 1511 determined to be economically feasible and a statement of 1512 environmental feasibility has been completed for such project or 1513 projects and such projects are determined to be consistent, to 1514 the maximum extent feasible, with approved local government 1515 comprehensive plans of the local governments in which such 1516 projects are located. The department may authorize engineering 1517 studies, traffic studies, environmental studies, and other 1518 expert studies of the location, costs, economic feasibility, and 1519 practicality of proposed turnpike projects throughout the state 1520 and may proceed with the design phase of such projects. The 1521 department mayshallnot request legislative approval of a 1522 proposed turnpike project until the design phase of that project 1523 is at least 3060percent complete. If a proposed project or 1524 group of proposed projects is found to be economically feasible, 1525 consistent, to the maximum extent feasible, with approved local 1526 government comprehensive plans of the local governments in which 1527 such projects are located, and a favorable statement of 1528 environmental feasibility has been completed, the department, 1529 with the approval of the Legislature, shall, after the receipt 1530 of all necessary permits, construct, maintain, and operate such 1531 turnpike projects. 1532 (b) Any proposed turnpike project or improvement shall be 1533 developed in accordance with the Florida Transportation Plan and 1534 the work program pursuant to s. 339.135. Turnpike projects that 1535 add capacity, alter access, affect feeder roads, or affect the 1536 operation of the local transportation system shall be included 1537 in the transportation improvement plan of the affected 1538 metropolitan planning organization. If such turnpike project 1539 does not fall within the jurisdiction of a metropolitan planning 1540 organization, the department shall notify the affected county 1541 and provide for public hearings in accordance with s. 1542 339.155(6)(c). 1543 Section 29. Section 338.251, Florida Statutes, is repealed. 1544 Section 30. Paragraph (f) of subsection (1) of section 1545 339.08, Florida Statutes, is amended to read: 1546 339.08 Use of moneys in State Transportation Trust Fund.— 1547 (1) The department shall expend moneys in the State 1548 Transportation Trust Fund accruing to the department, in 1549 accordance with its annual budget. The use of such moneys shall 1550 be restricted to the following purposes: 1551 (f) To pay the cost of economic development transportation 1552 projects in accordance with s. 339.2821288.063. 1553 Section 31. Section 339.139, Florida Statutes, is created 1554 to read: 1555 339.139 Transportation debt assessment.— 1556 (1) It is the policy of the state to manage the financing 1557 of transportation infrastructure in a manner that ensures the 1558 fiscal integrity of the State Transportation Trust Fund. 1559 (2) The department shall provide a debt and debtlike 1560 contractual obligations load report to the Executive Office of 1561 the Governor, the President of the Senate, the Speaker of the 1562 House of Representatives, and the legislative appropriations 1563 committees in conjunction with the tentative work program 1564 required under s. 339.135. The debt and debtlike contractual 1565 obligations load report must include the following data on 1566 current and planned department commitments that are payable from 1567 the State Transportation Trust Fund: 1568 (a) Debt service payments that are required to be made 1569 under any resolution for the issuance of bonds secured by a lien 1570 on federal highway aid reimbursements or motor fuel and diesel 1571 fuel taxes. 1572 (b) Funding for seaports which has been pledged to the 1573 payment of principal and interest on bonds issued by the Florida 1574 Ports Financing Commission pursuant to s. 320.20. 1575 (c) Commitments of the department to pay the costs of 1576 operating, maintaining, repairing, and rehabilitating expressway 1577 and bridge systems under the terms of lease-purchase agreements 1578 which are enforceable by the holders of bonds issued by 1579 expressway and bridge authorities pursuant to chapter 348. 1580 (d) Availability, milestone, and final acceptance payments 1581 that are required by public-private partnerships pursuant to s. 1582 334.30 and that are not payments for the cost of operation or 1583 maintenance of a facility. 1584 (e) Agreed-on payments to a department contractor for work 1585 performed in the current fiscal year for which payment is 1586 deferred to a later fiscal year pursuant to s. 334.30. 1587 (f) Reimbursements to local governments for work performed 1588 on a project if the reimbursement is deferred to a later fiscal 1589 year pursuant to s. 339.12. 1590 (g) Loan repayments on state infrastructure bank loans 1591 extended to a department district pursuant to s. 339.55. 1592 (3) The department shall manage all levels of debt to 1593 ensure that by the beginning of the 2017–2018 fiscal year, not 1594 more than 20 percent of total projected available state and 1595 federal revenues from the State Transportation Trust Fund, 1596 together with any local funds committed to department projects, 1597 are committed to the obligations identified in subsection (2) in 1598 any year. 1599 (4) If the department believes that a critical project 1600 would justify exceeding the limitation established in this 1601 section, the department shall notify the Governor, the President 1602 of the Senate, the Speaker of the House of Representatives, and 1603 the chairs of the legislative appropriations committees. The 1604 notification must identify the critical project and the 1605 projected impact on the department’s total debt load. The 1606 department may proceed with the project upon approval by the 1607 Governor. If either chair of the legislative appropriations 1608 committees, the President of the Senate, or the Speaker of the 1609 House of Representatives objects in writing to a proposed 1610 project within 14 days after submittal of a department request 1611 to exceed debt limits and specifies the reasons for such 1612 objection, the Governor may not approve the project. 1613 (5) The department shall prepare a separate report on debt 1614 obligations that are secured by and payable solely from pledged 1615 revenues. The department shall provide the report on pledged 1616 revenue debt to the Executive Office of the Governor, the 1617 President of the Senate, the Speaker of the House of 1618 Representatives, and the legislative appropriations committees 1619 in conjunction with the tentative work program required under s. 1620 339.135. 1621 Section 32. Section 339.2821, Florida Statutes, is created 1622 to read: 1623 339.2821 Economic development transportation projects.— 1624 (1)(a) The department, in consultation with the Department 1625 of Economic Opportunity, may make and approve expenditures and 1626 contract with the appropriate governmental body for the direct 1627 costs of transportation projects. The Department of Economic 1628 Opportunity and the Department of Environmental Protection may 1629 formally review and comment on recommended transportation 1630 projects, although the department has final approval authority 1631 for any project authorized under this section. 1632 (b) As used in this section, the term: 1633 1. “Governmental body” means an instrumentality of the 1634 state or a county, municipality, district, authority, board, or 1635 commission, or an agency thereof, within which jurisdiction the 1636 transportation project is located and which is responsible to 1637 the department for the transportation project. 1638 2. “Transportation project” means a transportation 1639 facility, as defined in s. 334.03, which the department, in 1640 consultation with the Department of Economic Opportunity, deems 1641 necessary to facilitate the economic development and growth of 1642 the state. 1643 (2) The department, in consultation with the Department of 1644 Economic Opportunity, shall review each transportation project 1645 for approval and funding. In the review, the department must 1646 consider: 1647 (a) The cost per job created or retained considering the 1648 amount of transportation funds requested; 1649 (b) The average hourly rate of wages for jobs created; 1650 (c) The reliance on any program as an inducement for 1651 determining the transportation project’s location; 1652 (d) The amount of capital investment to be made by a 1653 business; 1654 (e) The demonstrated local commitment; 1655 (f) The location of the transportation project in an 1656 enterprise zone as designated in s. 290.0055; 1657 (g) The location of the transportation project in a 1658 spaceport territory as defined in s. 331.304; 1659 (h) The unemployment rate of the surrounding area; and 1660 (i) The poverty rate of the community. 1661 1662 The department may contact any agency it deems appropriate for 1663 additional information regarding the approval of a 1664 transportation project. A transportation project must be 1665 approved by the department to be eligible for funding. 1666 (3)(a) The department must approve a transportation project 1667 if it determines that the transportation project will: 1668 1. Attract new employment opportunities to the state or 1669 expand or retain employment in existing companies operating 1670 within the state. 1671 2. Allow for the construction or expansion of a state or 1672 federal correctional facility in a county having a population of 1673 75,000 or fewer which creates new employment opportunities or 1674 expands or retains employment in the county. 1675 (b) The department must ensure that small and minority 1676 businesses have equal access to participate in transportation 1677 projects funded pursuant to this section. 1678 (c) In addition to administrative costs and equipment 1679 purchases specified in the contract, funds for approved 1680 transportation projects may be used for expenses that are 1681 necessary for building new, or improving existing, 1682 transportation facilities. Funds made available pursuant to this 1683 section may not be expended for the relocation of a business 1684 from one community to another community in this state unless the 1685 department determines that, without the relocation, the business 1686 will move outside the state or determines that the business has 1687 a compelling economic reason for the relocation, such as 1688 creating additional jobs. 1689 (4) A contract between the department and a governmental 1690 body for a transportation project must: 1691 (a) Specify that the transportation project is for the 1692 construction of a new or expanding business and specify the 1693 number of full-time permanent jobs that will result from the 1694 project. 1695 (b) Identify the governmental body and require that the 1696 governmental body award the construction of the particular 1697 transportation project to the lowest and best bidder in 1698 accordance with applicable state and federal statutes or rules 1699 unless the transportation project can be constructed using 1700 existing local governmental employees within the contract period 1701 specified by the department. 1702 (c) Require that the governmental body provide the 1703 department with quarterly progress reports. Each quarterly 1704 progress report must contain: 1705 1. A narrative description of the work completed and 1706 whether the work is proceeding according to the transportation 1707 project schedule; 1708 2. A description of each change order executed by the 1709 governmental body; 1710 3. A budget summary detailing planned expenditures compared 1711 to actual expenditures; and 1712 4. The identity of each small or minority business used as 1713 a contractor or subcontractor. 1714 (d) Require that the governmental body make and maintain 1715 records in accordance with accepted governmental accounting 1716 principles and practices for each progress payment made for work 1717 performed in connection with the transportation project, each 1718 change order executed by the governmental body, and each payment 1719 made pursuant to a change order. The records are subject to 1720 financial audit as required by law. 1721 (e) Require that the governmental body, upon completion and 1722 acceptance of the transportation project, certify to the 1723 department that the transportation project has been completed in 1724 compliance with the terms and conditions of the contract between 1725 the department and the governmental body and meets the minimum 1726 construction standards established in accordance with s. 1727 336.045. 1728 (f) Specify that the department transfer funds to the 1729 governmental body not more often than quarterly, upon receipt of 1730 a request for funds from the governmental body and consistent 1731 with the needs of the transportation project. The governmental 1732 body shall expend funds received from the department in a timely 1733 manner. The department may not transfer funds unless 1734 construction has begun on the facility of a business on whose 1735 behalf the award was made. A contract totaling less than 1736 $200,000 is exempt from the transfer requirement. 1737 (g) Require that funds be used only on a transportation 1738 project that has been properly reviewed and approved in 1739 accordance with the criteria set forth in this section. 1740 (h) Require that the governing board of the governmental 1741 body adopt a resolution accepting future maintenance and other 1742 attendant costs occurring after completion of the transportation 1743 project if the transportation project is constructed on a county 1744 or municipal system. 1745 (5) For purposes of this section, Space Florida may serve 1746 as the governmental body or as the contracting agency for a 1747 transportation project within spaceport territory as defined by 1748 s. 331.304. 1749 (6) Each governmental body receiving funds under this 1750 section shall submit to the department a financial audit of the 1751 governmental body conducted by an independent certified public 1752 accountant. The department, in consultation with the Department 1753 of Economic Opportunity, shall develop procedures to ensure that 1754 audits are received and reviewed in a timely manner and that 1755 deficiencies or questioned costs noted in the audit are 1756 resolved. 1757 (7) The department shall monitor the construction or 1758 building site for each transportation project that receives 1759 funding under this section, including, but not limited to, the 1760 construction of the business facility, to ensure compliance with 1761 contractual requirements. 1762 Section 33. In order to implement sections 1 and 32 of this 1763 act, which transfer the responsibility of administering economic 1764 development transportation projects from the Department of 1765 Economic Opportunity to the Department of Transportation, with 1766 minimal disruption of services, the Department of Economic 1767 Opportunity shall transfer the following to the Department of 1768 Transportation: 1769 (1) All powers, duties, functions, records, pending issues, 1770 existing contracts, administrative authority, administrative 1771 rules, and unexpended balances of appropriations, allocations, 1772 or other funds relating to the Economic Development 1773 Transportation program. 1774 (2) Any unexpended balances of released appropriations and 1775 appropriations that remain unreleased, and any funds remaining 1776 in the Economic Development Trust Fund relating to economic 1777 development transportation projects. 1778 (3) Any binding contract or interagency agreement in effect 1779 between the Department of Economic Opportunity and any other 1780 agency, entity, or person shall continue as a binding contract 1781 or agreement for the remainder of the term of such contract or 1782 agreement on the successor department responsible for the 1783 program. 1784 Section 34. Section 339.2825, Florida Statutes, is created 1785 to read: 1786 339.2825 Approval of contractor-financed projects.— 1787 (1) Before the department solicits proposals pursuant to s. 1788 334.30 to advance a project programmed in the adopted 5-year 1789 work program or in the 10-year Strategic Intermodal Plan using 1790 funds provided by a public-private partnership or a private 1791 entity to be reimbursed from department funds for the project as 1792 programmed in the adopted work program, the department must 1793 provide a summary of the proposed project to the Executive 1794 Office of the Governor, the chair of each legislative 1795 appropriations committee, the President of the Senate, and the 1796 Speaker of the House of Representatives. The summary must 1797 include a description of any anticipated commitment by the 1798 department for the years outside the adopted work program, a 1799 description of the anticipated impacts on the department’s 1800 overall debt load, and sufficient information to demonstrate 1801 that the project will not cause the department to exceed the 1802 overall debt limitation provided in s. 339.139. The department 1803 may proceed with the project upon approval of the Governor. If 1804 the chair of either legislative appropriations committee, the 1805 President of the Senate, or the Speaker of the House of 1806 Representatives objects to the proposed project in writing 1807 within 14 days after receipt of the summary, the Governor may 1808 not approve the project. 1809 (2) If the department receives an unsolicited proposal 1810 pursuant to s. 334.30 to advance a project programmed in the 1811 adopted 5-year work program or in the 10-year Strategic 1812 Intermodal Plan using funds provided by public-private 1813 partnerships or private entities to be reimbursed from 1814 department funds for the project as programmed in the adopted 1815 work program, the department shall provide a summary of the 1816 proposed project to the Executive Office of the Governor, the 1817 chair of each legislative appropriations committee, the 1818 President of the Senate, and the Speaker of the House of 1819 Representatives before the department advertises receipt of the 1820 proposal as provided in s. 334.30. The summary must include a 1821 description of any anticipated commitments by the department for 1822 the years outside the adopted work program, a description of any 1823 anticipated impacts on the department’s overall debt load, and 1824 sufficient information to demonstrate that the project will not 1825 cause the department to exceed the overall debt limitation 1826 provided in s. 339.14. The department may not accept the 1827 unsolicited proposal, advertise receipt of the unsolicited 1828 proposal, or solicit other proposals for the same project 1829 purpose without the approval of the Executive Office of the 1830 Governor. If the chair of either legislative appropriations 1831 committee, the President of the Senate, or the Speaker of the 1832 House of Representatives objects to the proposed project in 1833 writing within 14 days after receipt of the summary, the 1834 Executive Office of the Governor may not approve the proposed 1835 project. 1836 (3) This section does not apply to a public-private 1837 partnership agreement authorized in s. 334.30(2)(a). 1838 Section 35. Subsection (5) is added to section 339.63, 1839 Florida Statutes, to read: 1840 339.63 System facilities designated; additions and 1841 deletions.— 1842 (5)(a) The Secretary of Transportation shall designate a 1843 planned facility as part of the Strategic Intermodal System upon 1844 request of the facility if it meets the criteria and thresholds 1845 established by the department pursuant to subsection (4), meets 1846 the definition of an intermodal logistics center, and has been 1847 designated in a local comprehensive plan or local government 1848 development order as an intermodal logistics center or an 1849 equivalent planning term. For the purpose of this section, the 1850 term “intermodal logistics center” means a facility or group of 1851 facilities, including, but not limited to, an inland port, 1852 serving as a point of intermodal transfer of freight in a 1853 specific area physically separated from a seaport whose 1854 activities relating to transport, logistics, goods distribution, 1855 consolidation, or value-added activities are carried out and 1856 whose activities and services are designed to support or be 1857 supported by one or more seaports, as provided in s. 311.09, or 1858 an airport whose activities and services are designed to support 1859 the transport, logistics, goods distribution, consolidation, or 1860 value added activities related to airborne cargo. 1861 (b) A facility designated part of the Strategic Intermodal 1862 System pursuant to paragraph (a) which is within the 1863 jurisdiction of a local government and which maintains a 1864 transportation concurrency system shall receive a waiver of 1865 transportation concurrency requirements applicable to Strategic 1866 Intermodal System facilities in order to accommodate any 1867 development at the facility which occurs pursuant to a building 1868 permit issued on or before December 31, 2017, but only if such 1869 facility is located: 1870 1. Within an area designated pursuant to s. 288.0656(7) as 1871 a rural area of critical economic concern; 1872 2. Within a rural enterprise zone as defined in s. 1873 290.004(5); or 1874 3. Within 15 miles of the boundary of a rural area of 1875 critical economic concern or a rural enterprise zone. 1876 Section 36. Section 348.7546, Florida Statutes, is amended 1877 to read: 1878 348.7546 Wekiva Parkway, construction authorized; 1879 financing.—Notwithstanding s.338.2275,1880 (1) The Orlando-Orange County Expressway Authority is 1881herebyauthorized to exercise its condemnation powers and to,1882 construct, finance, operate, own, and maintain those portions of 1883 the Wekiva Parkway which are identified by agreement between the 1884 authority and the department and which are included as part of 1885 the authority’s long-range capital improvement plan. The “Wekiva 1886 Parkway” means any limited access highway or expressway 1887 constructed between State Road 429 and Interstate 4 specifically 1888 incorporating the corridor alignment recommended by 1889 Recommendation 2 of the Wekiva River Basin Area Task Force final 1890 report dated January 15, 2003, and the recommendations of the SR 1891 429 Working Group whichthatwere adopted January 16, 2004. This 1892 project may be financed with any funds available to the 1893 authority for such purpose or revenue bonds issued by the 1894 authority under s. 11, Art. VII of the State Constitution and s. 1895 348.755(1)(b). This section does not invalidate the exercise by 1896 the authority of its condemnation powers or the acquisition of 1897 any property for the Wekiva Parkway before July 1, 2012. 1898 (2) Notwithstanding any other provision of law to the 1899 contrary, in order to ensure that funds are available to the 1900 department for its portion of the Wekiva Parkway, beginning July 1901 1, 2012, the authority shall repay the expenditures by the 1902 department for costs of operation and maintenance of the 1903 Orlando-Orange County Expressway System in accordance with the 1904 terms of the memorandum of understanding between the authority 1905 and the department as ratified by the authority board on 1906 February 22, 2012, which requires the authority to pay the 1907 department $10 million on July 1, 2012, and $20 million on each 1908 successive July 1 until the department has been fully reimbursed 1909 for all costs of the Orlando-Orange County Expressway System 1910 which were paid, advanced, or reimbursed to the authority by the 1911 department, with a final payment in the amount of the balance 1912 remaining. Notwithstanding any other law to the contrary, the 1913 funds paid to the department pursuant to this subsection shall 1914 be allocated by the department for construction of the Wekiva 1915 Parkway. 1916 (3) The department’s obligation to construct its portions 1917 of the Wekiva Parkway is contingent upon the timely payment by 1918 the authority of the annual payments required of the authority, 1919 and receipt of the required environmental permits and approvals 1920 by the Federal Government. 1921 Section 37. Subsection (6) is added to section 348.755, 1922 Florida Statutes, to read: 1923 348.755 Bonds of the authority.— 1924 (6) Notwithstanding any other provision of law to the 1925 contrary, on and after July 1, 2012, the authority may not issue 1926 any bonds except as permitted under the terms of the memorandum 1927 of understanding between the authority and the department as 1928 ratified by the authority board on February 22, 2012. 1929 Section 38. Subsections (8) and (9) are added to section 1930 348.757, Florida Statutes, to read: 1931 348.757 Lease-purchase agreement.— 1932 (8) The only lease-purchase agreement authorized by this 1933 section is the lease-purchase agreement between the department 1934 and the authority dated December 23, 1985, as supplemented by a 1935 first supplement to the lease-purchase agreement dated November 1936 25, 1986, and a second supplement to the lease-purchase 1937 agreement dated October 27, 1988. 1938 (9) Upon the earlier of the defeasance, redemption, or 1939 payment in full of the authority bonds issued before July 1, 1940 2012, or the earlier date to which the purchasers of the 1941 authority bonds have consented: 1942 (a) The obligations of the department under the lease- 1943 purchase agreement with the authority, including any obligation 1944 to pay any cost of operation, maintenance, repair, or 1945 rehabilitation of the expressway system, terminate; 1946 (b) The lease purchase agreement terminates; 1947 (c) The expressway system remains the property of the 1948 authority and may not be transferred to the department; and 1949 (d) The authority remains obligated to reimburse the 1950 department in accordance with the terms of the memorandum of 1951 understanding between the authority and the department as 1952 ratified by the authority board on February 22, 2012. 1953 Section 39. Subsections (2) and (5) of section 369.317, 1954 Florida Statutes, are amended to read: 1955 369.317 Wekiva Parkway.— 1956 (2) The Wekiva Parkway and related transportation 1957 facilities shall follow the design criteria contained in the 1958 recommendations of the Wekiva River Basin Area Task Force 1959 adopted by reference by the Wekiva River Basin Coordinating 1960 Committee in its final report of March 16, 2004, and the 1961 recommendations of the Wekiva Coordinating Committee contained 1962 in its final report of March 16, 2004, subject to reasonable 1963 environmental, economic, and engineering considerations. For 1964 those activities associated with the Wekiva Parkway and related 1965 transportation facilities which require authorization pursuant 1966 to part IV of chapter 373, the Department of Environmental 1967 Protection is the exclusive permitting authority. 1968 (5) In Seminole County,the Seminole County Expressway1969Authority,the Department of Transportation, and the Florida1970Turnpike Enterpriseshall locate the precise corridor and 1971 interchanges for the Wekiva Parkway consistent with the 1972 legislative intent expressed in this act and other provisions of 1973 this act. 1974 Section 40. Paragraph (a) of subsection (4) of section 1975 377.809, Florida Statutes, is amended to read: 1976 377.809 Energy Economic Zone Pilot Program.— 1977 (4)(a) Beginning July 1, 2012, all the incentives and 1978 benefits provided for enterprise zones pursuant to state law 1979 shall be available to the energy economic zones designated 1980 pursuant to this section on or before July 1, 2010. In order to 1981 provide incentives, by March 1, 2012, each local governing body 1982 that has jurisdiction over an energy economic zone must, by 1983 local ordinance, establish the boundary of the energy economic 1984 zone, specify applicable energy-efficiency standards, and 1985 determine eligibility criteria for the application of state and 1986 local incentives and benefits in the energy economic zone. 1987 However, in order to receive benefits provided under s. 288.106, 1988 a business must be a qualified target industry business under s. 1989 288.106 for state purposes. An energy economic zone’s boundary 1990 may be revised by local ordinance. Such incentives and benefits 1991 include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183, 1992 288.106, and 624.5105 and the public utility discounts provided 1993 in s. 290.007(8). The exemption provided in s. 212.08(5)(c) 1994 shall be for renewable energy as defined in s. 377.803. For 1995 purposes of this section, any applicable requirements for 1996 employee residency for higher refund or credit thresholds must 1997 be based on employee residency in the energy economic zone or an 1998 enterprise zone. A business in an energy economic zone may also 1999 be eligible for funding under ss. 288.047 and 445.003, and a 2000 transportation project in an energy economic zone shall be 2001 provided priority in funding under s. 339.2821288.063. Other 2002 projects shall be given priority ranking to the extent 2003 practicable for grants administered under state energy programs. 2004 Section 41. The funds in the Toll Facilities Revolving 2005 Trust Fund and all future payments of obligated funds shall be 2006 deposited into the State Transportation Trust Fund to be 2007 expended for the purposes specified in s. 339.08, Florida 2008 Statutes. 2009 Section 42. Notwithstanding s. 120.569, s. 120.57, or s. 2010 373.427, Florida Statutes, or any other provision of law to the 2011 contrary, a challenge to a consolidated environmental resource 2012 permit or an associated variance or a sovereign submerged lands 2013 authorization proposed or issued by the Department of 2014 Environmental Protection in connection with the state’s 2015 deepwater ports, as listed in s. 403.021(9), Florida Statutes, 2016 shall be conducted pursuant to the summary hearing provisions of 2017 s. 120.574, Florida Statutes. However, the summary proceeding 2018 shall be conducted within 30 days after a party files a motion 2019 for a summary hearing, regardless of whether the parties agree 2020 to the summary proceeding, and the administrative law judge’s 2021 decision shall be in the form of a recommended order and does 2022 not constitute final agency action of the department. The 2023 Department of Environmental Protection shall issue the final 2024 order within 45 working days after receipt of the administrative 2025 law judge’s recommended order. The summary hearing provisions of 2026 this section apply to pending administrative proceedings, 2027 however, s. 120.574(1)(b) and (d) and (2)(a)3. and 5., Florida 2028 Statutes, do not apply to pending administrative proceedings. 2029 This section shall take effect upon this act becoming a law. 2030 Section 43. Except as otherwise expressly provided in this 2031 act and except for this section, which shall take effect upon 2032 this act becoming a law, this act shall take effect July 1, 2033 2012.