HB 57 — Transportation

amending s.

requiring contractors wishing to bid on certain contracts to first be certified by the departmentDepartment of Transportation as qualified;

revisingPage requirements1 for arbitration of certain18 contractsCODING: by the State Arbitration Board;

Words stricken are deletions;

words underlined are additions.

hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 57 2021 revising requirements for arbitration of certain contracts by the State Arbitration Board;

338.166, F.S.;

authorizing the Page 3 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 use of specified toll revenue to support certain public transportation projects;

amending s.

339.175, F.S.;

deleting a provision prohibiting certain metropolitan planning organizations from assessing any fees for municipalities, counties, or other governmental entities that are members of the organization;

renaming the Tampa Bay Area Regional Transit Authority Metropolitan Planning Organization Chairs Coordinating Committee as the Chairs Coordinating Committee;

deleting a requirement that the Tampa Bay Area Regional Transit Authority provide the committee with administrative support and direction;

repealing part III of ch.

343, F.S., relating to the creation and operation of the Northwest Florida Transportation Corridor Authority;

dissolving the Northwest Florida Transportation Corridor Authority and requiring the authority to discharge its liabilities, settle and close its activities and affairs, and provide for the distribution of its assets;

amending s.

343.92, F.S.;

providing that a mayor's designated alternate may be a member of the governing board of the Tampa Bay Area Regional Transit Authority;

requiring that the alternate be an elected member of the city council of the mayor's municipality and be approved by the Page 4 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 municipality's city council;

requiring a mayor's designated alternate to attend meetings under certain circumstances with full voting rights;

providing that a simple majority of board members constitutes a quorum and that a simple majority of those members present is necessary for any action to be taken;

deleting obsolete language;

amending s.

343.922, F.S.;

revising a provision requiring the authority to present the regional transit development plan and updates to specified entities;

deleting a provision requiring that the authority coordinate plans and projects with the TBARTA Metropolitan Planning Organization Chairs Coordinating Committee and participate in the regional M.P.O.

planning process to ensure regional comprehension of the authority's mission, goals, and objectives;

deleting a provision requiring that the authority provide administrative support and direction to the committee;

amending s.

349.04, F.S.;

increasing the maximum term of a lease into which the Jacksonville Transportation Authority may enter;

amending s.

defining the Pageterm 5"borrow ofpit"; 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 term "borrow pit";

prohibiting operation of a borrow pit at a new location without notifying the secretarySecretary of the Department of Environmental Protection of the intent to extract;

amending s.

479.07, F.S.;

requiring the Department of Transportation to create and implement a publicly accessible electronic database for sign permit information;

specifying requirements for the database;

prohibiting the department from furnishing permanent metal permit tags or replacement tags and from enforcing specified provisions once the department creates and implements the database;

specifying that permittees are not required to return permit tags to the department once the department creates and implements the database;

Section 177.107,287.05705, Florida Statutes, is created to read:

177.107287.05705 ClosingProcurements of road, bridge, and abandonmentother specified public construction services.— (1) With respect to competitive solicitations for the procurement of roads;contractual services that are limited to the Page 2 of 18 CODING:

optional conveyance to a community development district;

traffic control Page 6 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 jurisdiction.—classes (1) The governing body of awork municipalityfor or county may abandon the roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously convey its interest in such roads, rights-of-way, and appurtenant drainage facilities to a community development district established under chapter 190 in which the subdivisionDepartment isof locatedTransportation ifissues allcertificates of thequalification followingpursuant conditionsto ares. met:

(a) The community development district has requested the abandonment and conveyance by written resolution for the purpose of converting the subdivision to a gated neighborhood with monitored public access.

(b) The community development district has received approval for the conveyance by a vote of two-thirds of the landowners who are subject to the non-ad valorem assessments of the community development district and who are present by person or proxy at a properly noticed landowners' meeting.

(c) The community development district has executed an interlocal agreement with the municipality or county, as applicable, requiring the community development district to do all of the following:

1.

Maintain the roads and any associated drainage, street lighting, or sidewalks identified in the interlocal agreement to municipal or county standards, as applicable.

2.

Every 5 years, conduct a reserve study of the roads and Page 7 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 any associated drainage, street lighting, or sidewalks identified in the interlocal agreement.

3.

Levy annual special assessments in amounts sufficient to maintain the roads and any drainage, street lighting, or sidewalks identified in the interlocal agreement to municipal or county standards, as applicable.

4.

Annually fund the amounts set forth in the reserve study.

(2) The community development district shall install, operate, maintain, repair, and replace all signs, signals, markings, striping, guardrails, and other traffic control devices necessary or useful for the roads unless an agreement has been entered into between the municipality or county and the community development district, as authorized under s.

316.006(2)(b) and (3)(b), respectively, expressly providing that the municipality or county has traffic control jurisdiction.

(3) Upon abandonment of the roads and rights-of-way and the conveyance thereof to the community development district, the community development district shall have all the rights, title, and interest in the roads and rights-of-way, including all appurtenant drainage facilities, as were previously vested in the municipality or county.

Thereafter, the community development district shall hold the roads and rights-of-way in trust for the benefit of the public and owners of the property in the subdivision and shall operate, maintain, repair, and from Page 8 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 time to time replace and reconstruct the roads and any associated street lighting, sidewalks, or drainage facilities identified in the interlocal agreement as necessary to ensure their use and enjoyment by the public and property owners, tenants, and residents of the subdivision and their guests and invitees.

(4) This section is supplemental and additional to the powers of municipalities and counties.

Section 2.

Section 287.05705, Florida Statutes, is created to read:

287.05705 Procurements of road, bridge, and other specified public construction services.— (1) With respect to competitive solicitations for the procurement of contractual services that are limited to the classes of work for which the Department of Transportation issues certificates of qualification pursuant to s.

Section 3.2.

SubsectionParagraph (2)(b) andof paragraphsubsection (b)(56) of subsectionsection Page316.003, 9Florida ofStatutes, 44is CODING:amended to read:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 (56) of section 316.003, Florida Statutes, are amended to read:

(2) AUTOCYCLE.—A three-wheeled motorcycle that has two wheels in the front and one wheel in the back;

is equipped with a roll cage or roll hoops, a seat belt for each occupant, antilock brakes that meet the requirements of Federal Motor Vehicle Safety Standard No.

122, a steering mechanism wheel, and seating that does not require the operator to straddle or sit astride it;

and is manufactured in accordance with the applicable federal motorcycle safety standards in 49 C.F.R.

part 571 by a manufacturer registered with the National Highway Traffic Safety Administration.

Section 4.3.

SubsectionsSubsection (5)(10) and (7) of section 316.2397, Florida Statutes, areis amendedrenumbered toas read:subsection (12), subsections (2) and Page 3 of 18 CODING:

316.2397 Certain lights prohibited;

exceptions.— Page 10 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 (5)(7) Roadare maintenanceamended, and constructionnew equipmentsubsections (10) and vehicles(11) mayare displayadded flashingto whitethat lightssection, orto flashingread: white strobe lights when in operation and where a hazard exists.

Construction316.2397 equipmentCertain in a work zone on roadways with a posted speed limit of 55 miles per hour or higher may show or display a combination of flashing green, amber, and red lights inprohibited; conjunction with periods when workers are present.

Additionally,exceptions.— school(2) busesIt andis expressly prohibited for any vehicle or equipment, except police vehicles thatand areroad usedconstruction toequipment transportspecified farmin workerssubsections may(10) displayand flashing(11), whiteto strobeshow or display blue lights.

However, vehicles owned, operated, or leased by the Department of Corrections or any county correctional agency may show or display blue lights when responding to emergencies.

Section(10) 5.Paving machines or compaction rollers within a work zone area on roadways with a posted speed limit of 55 mph or higher may show or display flashing blue lights while performing Page 4 of 18 CODING:

Subsection (14) is added to section 316.302, Florida Statutes, to read:

316.302 Commercial motor vehicles;

safety regulations;

transporters and shippers of hazardous materials;

enforcement;

Page 11 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 motorpaving carrieroperations safety improvements.— (14)(a) The deployment, implementation, or usewhere of a motorhazard carrierexists. safety improvement by or as required by a motor carrier, its related entity, or a third party, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor or as a jointly employed employee under any state law.

(b)(11) ForUnder the purposesdirection of thisa subsection,law theenforcement termofficer, "motorportable carrierradar safetyspeed improvement"display meansunits anyin device,advance equipment,of software,a technology,work procedure,zone training,area policy,on program,roadways with a posted speed limit of 55 mph or operationalhigher practicemay intendedshow or display flashing red and primarilyblue usedlights towhen improveworkers orare facilitate:present.

1.Section 4.

Compliance with traffic safety or motor carrier safety laws;

2.

Safety of a motor vehicle;

3.

Safety of the operator of a motor vehicle;

or 4.

Safety of third-party users of public roadways.

Section 6.

Paragraph (b) of subsection (3) of section 319.30, Florida Statutes, is amended to read:

319.30 Definitions;

dismantling, destruction, change of identity of motor vehicle or mobile home;

salvage.— (3) (b) The owner, including persons who are self-insured, of a motor vehicle or mobile home that is considered to be salvage shall, within 72 hours after the motor vehicle or mobile home Page 12 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 becomes salvage, forward the title to the motor vehicle or mobile home to the department for processing.

However, an insurance company that pays money as compensation for the total loss of a motor vehicle or mobile home shall obtain the certificate of title for the motor vehicle or mobile home, make the required notification to the National Motor Vehicle Title Information System, and, within 72 hours after receiving such certificate of title, forward such title by the United States Postal Service, by another commercial delivery service, or by electronic means, when such means are made available by the department, to the department for processing.

The owner or insurance company, as applicable, may not dispose of a vehicle or mobile home that is a total loss before it obtains a salvage certificate of title or certificate of destruction from the department.

Effective January 1, 2020:

1.

Thirty days after payment of a claim for compensation pursuant to this paragraph, the insurance company may receive a salvage certificate of title or certificate of destruction from the department if the insurance company is unable to obtain a properly assigned certificate of title from the owner or lienholder of the motor vehicle or mobile home, if the motor vehicle or mobile home does not carry an electronic lien on the title and the insurance company:

a.

Has obtained the release of all liens on the motor vehicle or mobile home;

Page 13 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 b.

Has attested on a form provided by the department that provided proof of payment of the total loss claim has been distributed;

and c.

Has attested on a form provided by the department and provided an affidavit on letterhead signed by the insurance company or its authorized agent that stating the attempts that have been made to obtain the title from the owner or lienholder and further stating that all attempts are to no avail.

The form affidavit must include a request that the salvage certificate of title or certificate of destruction be issued in the insurance company's name due to payment of a total loss claim to the owner or lienholder.

The attempts to contact the owner may be by written request delivered in person or by first-class mail with a certificate of mailing to the owner's or lienholder's last known address.

2.

If the owner or lienholder is notified of the request for title in person, the insurance company must provide an affidavit attesting to the in-person request for a certificate of title.

3.

The request to the owner or lienholder for the certificate of title must include a complete description of the motor vehicle or mobile home and the statement that a total loss claim has been paid on the motor vehicle or mobile home.

Section 7.

Paragraph (b) of subsection (1) of section 320.06, Florida Statutes, as amended by section 1 of chapter Page 14 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 2020-181, Laws of Florida, is amended to read:

320.06 Registration certificates, license plates, and validation stickers generally.— (1) (b)1.

Registration license plates bearing a graphic symbol and the alphanumeric system of identification shall be issued for a 10-year period.

At the end of the 10-year period, upon renewal, the plate shall be replaced.

The department shall extend the scheduled license plate replacement date from a 6- year period to a 10-year period.

The fee for such replacement is $28, $2.80 of which shall be paid each year before the plate is replaced, to be credited toward the next $28 replacement fee.

The fees shall be deposited into the Highway Safety Operating Trust Fund.

A credit or refund may not be given for any prior years' payments of the prorated replacement fee if the plate is replaced or surrendered before the end of the 10-year period, except that a credit may be given if a registrant is required by the department to replace a license plate under s.

320.08056(8)(a).

With each license plate, a validation sticker shall be issued showing the owner's birth month, license plate number, and the year of expiration or the appropriate renewal period if the owner is not a natural person.

The validation sticker shall be placed on the upper right corner of the license plate.

The license plate and validation sticker shall be issued based on the applicant's appropriate renewal period.

The Page 15 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 registration period is 12 months, the extended registration period is 24 months, and all expirations occur based on the applicant's appropriate registration period.

Rental vehicles taxed pursuant to s.

320.08(6)(a) may elect a permanent registration period, provided payment of the appropriate license taxes and fees occurs annually.

A vehicle that has an apportioned registration shall be issued an annual license plate and a cab card that denote the declared gross vehicle weight for each apportioned jurisdiction in which the vehicle is authorized to operate.

2.

In order to retain the efficient administration of the taxes and fees imposed by this chapter, the 80-cent fee increase in the replacement fee imposed by chapter 2009-71, Laws of Florida, is negated as provided in s.

320.0804.

Section 8.

Subsection (3) and paragraph (a) of subsection (10) of section 320.27, Florida Statutes, are amended to read:

320.27 Motor vehicle dealers.— (3) APPLICATION AND FEE.—The application for the license shall be in such form as may be prescribed by the department and shall be subject to such rules with respect thereto as may be so prescribed by it.

Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor;

the name of the firm or copartnership, with the names and places of residence of all members thereof, if such applicant is a firm or Page 16 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 copartnership;

the names and places of residence of the principal officers, if the applicant is a body corporate or other artificial body;

the name of the state under whose laws the corporation is organized;

the present and former place or places of residence of the applicant;

and prior business in which the applicant has been engaged and the location thereof.

Such application shall describe the exact location of the place of business and shall state whether the place of business is owned by the applicant and when acquired, or, if leased, a true copy of the lease shall be attached to the application.

The applicant shall certify that the location provides an adequately equipped office and is not a residence;

that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale;

and that the location is a suitable place where the applicant can in good faith carry on such business and keep and maintain books, records, and files necessary to conduct such business, which shall be available at all reasonable hours to inspection by the department or any of its inspectors or other employees.

The applicant shall certify that the business of a motor vehicle dealer is the principal business which shall be conducted at that location.

The application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles, in which case the name of each motor vehicle that the applicant is franchised to sell shall be Page 17 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 included, or an independent (nonfranchised) motor vehicle dealer.

The application shall contain other relevant information as may be required by the department, including evidence that the applicant is insured under a garage liability insurance policy or a general liability insurance policy coupled with a business automobile policy, which shall include, at a minimum, $25,000 combined single-limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection.

However, a salvage motor vehicle dealer as defined in subparagraph (1)(c)5.

is exempt from the requirements for garage liability insurance and personal injury protection insurance on those vehicles that cannot be legally operated on roads, highways, or streets in this state.

Franchise dealers must submit a garage liability insurance policy, and all other dealers must submit a garage liability insurance policy or a general liability insurance policy coupled with a business automobile policy.

Such policy shall be for the license period, and evidence of a new or continued policy shall be delivered to the department at the beginning of each license period.

A licensee shall deliver to the department, in the manner prescribed by the department, within 10 calendar days after any renewal or continuation of or change in such policy or within 10 calendar days after any issuance of a new policy, a copy of the renewed, continued, changed, or new policy.

Upon making initial application, the applicant shall pay to the department a fee of Page 18 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 $300 in addition to any other fees required by law.

Applicants may choose to extend the licensure period for 1 additional year for a total of 2 years.

An initial applicant shall pay to the department a fee of $300 for the first year and $75 for the second year, in addition to any other fees required by law.

An applicant for renewal shall pay to the department $75 for a 1- year renewal or $150 for a 2-year renewal, in addition to any other fees required by law.

Upon making an application for a change of location, the person shall pay a fee of $50 in addition to any other fees now required by law.

The department shall, in the case of every application for initial licensure, verify whether certain facts set forth in the application are true.

Each applicant, general partner in the case of a partnership, or corporate officer and director in the case of a corporate applicant, must file a set of fingerprints with the department for the purpose of determining any prior criminal record or any outstanding warrants.

The department shall submit the fingerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing.

The actual cost of state and federal processing shall be borne by the applicant and is in addition to the fee for licensure.

The department may issue a license to an applicant pending the results of the fingerprint investigation, which license is fully revocable if the department subsequently determines that any facts set forth in the application are not Page 19 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 true or correctly represented.

(10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.— (a) Annually, before any license shall be issued to a motor vehicle dealer, the applicant-dealer of new or used motor vehicles shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit, executed by the applicant-dealer as principal, in the sum of $25,000.

A licensee shall deliver to the department, in the manner prescribed by the department, within 10 calendar days after any renewal or continuation of or change in such surety bond or irrevocable letter of credit or within 10 calendar days after any issuance of a new surety bond or irrevocable letter of credit, a copy of such renewed, continued, changed, or new surety bond or irrevocable letter of credit.

Section 9.

Subsections (4) through (8) of section 330.27, Florida Statutes, are renumbered as subsections (5) through (9), respectively, and a new subsection (4) is added to that section to read:

330.27 Definitions, when used in ss.

330.29-330.39.— (4) "Electric vertical takeoff and landing aircraft" means a type of aircraft that uses electric power to hover, take off, and land vertically.

Section 10.

Paragraph (e) of subsection (3) and subsection (4) of section 330.30, Florida Statutes, are amended to read:

Page 20 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 330.30 Approval of airport sites;

registration and licensure of airports.— (3) EXEMPTIONS.—The provisions of this section do not apply to:

(e) An airport which meets the criteria of s.

330.27(8) s.

330.27(7) used exclusively for aerial application or spraying of crops on a seasonal basis, not to include any licensed airport where permanent crop aerial application or spraying facilities are installed, if the period of operation does not exceed 30 days per calendar year.

Such proposed airports, which will be located within 3 miles of existing airports or approved airport sites, shall establish safe air-traffic patterns with such existing airports or approved airport sites, by memorandums of understanding, or by letters of agreement between the parties representing the airports or sites.

(4) EXCEPTIONS.—Private airports with 10 or more based aircraft may request to be inspected and licensed by the department.

Private airports licensed according to this subsection shall be considered private airports as defined in s.

330.27 s.

330.27(5) in all other respects.

Section 11.

department to establish program.— (1) The department may establish a program for Pagetransportation 21projects demonstrating innovative techniques of 44highway CODING:and bridge design, construction, maintenance, and finance which have the intended effect of measuring resiliency and structural integrity and controlling time and cost increases on construction projects.

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 transportation projects demonstrating innovative techniques of highway and bridge design, construction, maintenance, and finance which have the intended effect of measuring resiliency and structural integrity and controlling time and cost increases on construction projects.

When specific innovative techniques are to be used, the department is not required to adhere to those provisionsPage 5 of law18 thatCODING: would prevent, preclude, or in any way prohibit the department from using the innovative technique.

Words stricken are deletions;

words underlined are additions.

hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 57 2021 provisions of law that would prevent, preclude, or in any way prohibit the department from using the innovative technique.

Page(a) 22Turnpike ofenterprise 44projects, CODING:and turnpike enterprise projects shall not be counted toward the department's annual cap.

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 (a) Turnpike enterprise projects, and turnpike enterprise projects shall not be counted toward the department's annual cap.

Section 12.5.

Section 337.0262, Florida Statutes, is created to read:

337.0262 Purchase and use of clay, peat, gravel, sand, or any other solid substance extracted from borrow pits.— (1) The department, and any contractor or subcontractor of the department, may not purchase or use any clay, peat, gravel, sand, or other solid substance extracted from a borrow pit as defined in s.

378.403 unless:

(a) Certification is provided to the department, contractor, or subcontractor by the operator of the borrow pit that it is in compliance with the notice requirements and substantive requirements of s.

378.801;

and (b) The operator of the borrow pit is in compliance with the performance standards in s.

378.803, including, but not limited to, providing proof of currently valid permits required by the Department of Environmental Protection and the appropriate water management district.

(2) All contracts and purchase orders executed by the department and all subcontracts and purchase orders executed by Page 23 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 contractors or subcontractors after July 1, 2021, must include specific requirements for compliance with this section.

(3) In the event that the department determines that substances are being obtained and used from a borrow pit that is not in compliance with this section, the department must cease to accept any substances from that borrow pit within 48 hours after such determination.

The department may resume acceptance of substances from the borrow pit once the borrow pit is in compliance with this section.

Section 13.

request for hearing.— (1) Any contractor desiring to bid for the performance of any construction contract in excess of $250,000 which the department proposes to let must first be certified by the department as qualified pursuant to this section and rules of thePage department.6 of 18 CODING:

The rules of the department must address the qualification of contractors to bid on construction contracts in excess of $250,000 and must include requirements with respect to the equipment, past record, experience, financial resources, and organizational personnel of the applying contractor which are necessary to perform the specific class of work for which the contractor seeks certification.

Any contractor who desires to bid on contracts in excess of $50 million and who is not Page 24 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 qualified and in good standing with the departmentdepartment. as of January 1, 2019, must first be certified by the department as qualified and desires to bid on contracts in excess of $50 million must have satisfactorily completed two projects, each in excess of $15 million, for the department or for any other state department of transportation.

The rules of the department must address the qualification of contractors to bid on construction contracts in excess of $250,000 and must include requirements with respect to the equipment, past record, experience, financial resources, and organizational personnel of the applying contractor which are necessary to perform the specific class of work for which the contractor seeks certification.

Any contractor who desires to bid on contracts in excess of $50 million and who is not qualified and in good standing with the department as of January 1, 2019, must first be certified by the department as qualified and desires to bid on contracts in excess of $50 million must have satisfactorily completed two projects, each in excess of $15 million, for the department or for any other state department of transportation.

Each application for certification must be accompanied by audited, certified financial statements prepared in accordance with generally accepted accounting principles and auditing standards by a certifiedPage public7 accountantof licensed18 inCODING: this state or another state.

The audited, certified financial statements must be for the applying contractor and must have been prepared the latest annual financial statement of the applying contractor completed within the immediately preceding last 12 months.

The department may not consider any financial information of the parent entity of the applying contractor, if any.

The department may not certify as qualified any applying contractor that fails to Page 25 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 submitcertified thepublic audited,accountant certifiedlicensed financialin statementsthis requiredstate byor thisanother subsection.state.

The audited, certified financial statements must be for the applying contractor and must have been prepared the latest annual financial statement of the applying contractor completed within the immediately preceding last 12 months.

The department may not consider any financial information of the parent entity of the applying contractor, if any.

The department may not certify as qualified any applying contractor that fails to submit the audited, certified financial statements required by this subsection.

However, upon the request of the applying contractor, an application and accompanyingPage annual8 orof interim18 financialCODING: statement received by the department within 15 days after either 4-month period under this subsection shall be considered timely.

Each required annual or interim financial statement must be audited and accompanied by the opinion of a certified public accountant.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $1 million may submit reviewed annual or reviewed interim Page 26 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 accompanying annual or interim financial statementsstatement preparedreceived by athe certifieddepartment publicwithin accountant.15 days after either 4-month period under this subsection shall be considered timely.

Each required annual or interim financial statement must be audited and accompanied by the opinion of a certified public accountant.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $1 million may submit reviewed annual or reviewed interim financial statements prepared by a certified public accountant.

Submission of an application and subsequent approval do shall not affect expirationPage of9 the certificate of qualification,18 theCODING: ability factor of the applicant, or the maximum capacity rating of the applicant.

If the department finds that an application is incomplete or contains inadequate information or information that cannot be verified, the department may request in writing that the applicant provide the necessary information to complete the application or provide the source from which any information in the application may be verified.

If the applicant fails to Page 27 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 complyexpiration withof the initialcertificate writtenof requestqualification, withinthe aability reasonablefactor period of timethe asapplicant, specifiedor therein, the departmentmaximum shallcapacity requestrating of the informationapplicant. a second time.

If the department finds that an application is incomplete or contains inadequate information or information that cannot be verified, the department may request in writing that the applicant provide the necessary information to complete the application or provide the source from which any information in the application may be verified.

If the applicant fails to comply with the initial written request within a reasonable period of time as specified therein, the department shall request the information a second time.

This subsection does not authorize a contractor to providePage testing10 services,of or18 provideCODING: construction, engineering, and inspection services, to the department in connection with a construction contract under which the contractor is performing any work.

Notwithstanding any other provision of law to the contrary, for a project that is wholly or partially funded by the department and administered by a local governmental entity, except for a seaport listed in s.

311.09 or an airport as defined in s.

332.004, the entity performing design and Page 28 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 constructionprovide engineeringtesting services, or provide construction, engineering, and inspection servicesservices, mayto notthe bedepartment in connection with a construction contract under which the samecontractor entity.is performing any work.

SectionNotwithstanding 14.any other provision of law to the contrary, for a project that is wholly or partially funded by the department and administered by a local governmental entity, except for a seaport listed in s.

311.09 or an airport as defined in s.

332.004, the entity performing design and construction engineering and inspection services may not be the same entity.

Section 6.

(a) "Claim" means the aggregate of all outstanding written requests for additional monetary compensation, time, or other adjustments to the contract, the entitlement or impact of which is disputed with the department and could not be resolved by negotiationsPage between11 theof department18 andCODING: the contractor.

(b) "Contractor" means a person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility.

(c) "Final acceptance" means that the contractor has completely performed the work provided for under the contract, the department or its agent has determined that the contractor has satisfactorily completed the work provided for under the Page 29 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 contract,negotiations andbetween the department orand its agent has submitted written notice of final acceptance to the contractor.

(b) "Contractor" means a person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility.

(c) "Final acceptance" means that the contractor has completely performed the work provided for under the contract, the department or its agent has determined that the contractor has satisfactorily completed the work provided for under the contract, and the department or its agent has submitted written notice of final acceptance to the contractor.

At the trial de novo, the court may not admit evidence that there has been an arbitration proceeding, the nature or amount of the award, or any other matter concerning the conduct of the arbitration proceeding, except that testimony givenPage at12 anof arbitration18 hearingCODING: may be used for any purpose otherwise permitted by the Florida Evidence Code.

If a request for trial de novo is not filed within the time provided, the award issued by the board is final and enforceable by a court of competent jurisdiction.

(5) An arbitration request may not be made to the board before final acceptance but must be made to the board within 820 days after final acceptance.

Page 30 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 (6)given Theat boardan shallarbitration schedule a hearing withinmay 45be daysused afterfor anany arbitrationpurpose requestotherwise and,permitted ifby possible, shall conduct the hearingFlorida withinEvidence 90Code. days after the request.

If a request for trial de novo is not filed within the time provided, the award issued by the board is final and enforceable by a court of competent jurisdiction.

(5) An arbitration request may not be made to the board before final acceptance but must be made to the board within 820 days after final acceptance.

(6) The board shall schedule a hearing within 45 days after an arbitration request and, if possible, shall conduct the hearing within 90 days after the request.

Subpoenas shall be served and are enforceablePage in13 the manner provided in the Florida Rules of Civil18 Procedure.CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 57 2021 enforceable in the manner provided in the Florida Rules of Civil Procedure.

The first member shall be appointed by the Secretary of PageTransportation, 31and ofthe 44second CODING:member shall be elected by those construction or maintenance companies that are under contract with the department.

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 Transportation, and the second member shall be elected by those construction or maintenance companies that are under contract with the department.

(10) The members of the board may receive compensation for thePage performance14 of their18 dutiesCODING: from deposits made by the parties based on an estimate of compensation by the board, except that no employee of the department may receive compensation from the board.

Words stricken are deletions;

words underlined are additions.

hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 57 2021 the performance of their duties from deposits made by the parties based on an estimate of compensation by the board, except that no employee of the department may receive compensation from the board.

Page112.061. 32 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 112.061.

(g)Page Up15 toof $5,00018 forCODING: a claim that is more than $400,000.

The board may apportion the filing fees and the cost of recording and preparing a transcript of the hearing among the parties in its award.

Section 15.

Subsection (3) of section 338.166, Florida Statutes, is amended to read:

338.166 High-occupancy toll lanes or express lanes.— Page 33 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 (3)(g) AnyUp remainingto toll$5,000 revenue from the high-occupancy toll lanes or express lanes shall be used by the department for thea construction,claim maintenance, or improvement of any road or to support public transportation projects that benefitis themore operationthan of$400,000. high-occupancy toll lanes or express lanes on the State Highway System within the county or counties in which the toll revenues were collected or to support express bus service on the facility where the toll revenues were collected.

SectionThe 16.board may apportion the filing fees and the cost of recording and preparing a transcript of the hearing among the parties in its award.

ParagraphsSection (f)7. and (i) of subsection (6) of section 339.175, Florida Statutes, are amended to read:

339.175 Metropolitan planning organization.— (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, privileges, and authority of an M.P.O.

are those specified in this section or incorporated in an interlocal agreement authorized under s.

163.01.

Each M.P.O.

shall perform all acts required by federal or state laws or rules, now and subsequently applicable, which are necessary to qualify for federal aid.

It is the intent of this section that each M.P.O.

shall be involved in the planning and programming of transportation facilities, including, but not limited to, airports, intercity and high- speed rail lines, seaports, and intermodal facilities, to the extent permitted by state or federal law.

(f)1.

The department shall allocate to each M.P.O., for the purpose of accomplishing its transportation planning and programming duties, an appropriate amount of federal Page 34 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 transportation planning funds.

2.

In a county as defined in s.

125.011(1), the M.P.O.

may not assess any fees for municipalities, counties, or other governmental entities that are members of the M.P.O.

(i) There is created the Tampa Bay Area Regional Transit Authority Metropolitan Planning Organization Chairs Coordinating Committee is created within the Tampa Bay Area Regional Transit Authority, composed of the M.P.O.'s serving Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.

The authority shall provide administrative support and direction to the committee.

The committee must, at a minimum:

1.

Coordinate transportation projects deemed to be regionally significant by the committee.

2.

Review the impact of regionally significant land use decisions on the region.

3.

Review all proposed regionally significant transportation projects in the respective transportation improvement programs which affect more than one of the M.P.O.'s represented on the committee.

4.

Institute a conflict resolution process to address any conflict that may arise in the planning and programming of such regionally significant projects.

Section 17.

Part III of chapter 343, Florida Statutes, consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83, 343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88, Page 35 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 343.881, 343.884, and 343.89, Florida Statutes, is repealed.

Section 18.

Notwithstanding any other law, the Northwest Florida Transportation Corridor Authority is dissolved.

The authority shall discharge or make provision for the authority's debts, obligations, and other liabilities;

settle and close the authority's activities and affairs;

and provide for distribution of the authority's assets, or the proceeds of such assets, such that each local general-purpose government represented on the authority's board receives a distribution generally in proportion to each entity's contribution to the acquisition of the assets.

Section 19.

Paragraph (b) of subsection (2) and subsections (8) and (9) of section 343.92, Florida Statutes, are amended to read:

343.92 Tampa Bay Area Regional Transit Authority.— (2) The governing board of the authority shall consist of 13 voting members appointed no later than 45 days after the creation of the authority.

(b) The 13 voting members of the board shall be as follows:

1.

The county commissions of Hernando, Hillsborough, Manatee, Pasco, and Pinellas Counties shall each appoint one county commissioner to the board.

Members appointed under this subparagraph shall serve 2-year terms with not more than three consecutive terms being served by any person.

If a member under Page 36 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 this subparagraph leaves elected office, a vacancy exists on the board to be filled as provided in this subparagraph within 90 days.

2.a.

Two members of the board shall be the mayor, or the mayor's designated alternate, of the largest municipality within the service area of each of the following independent transit agencies or their legislatively created successor agencies:

Pinellas Suncoast Transit Authority and Hillsborough Area Regional Transit Authority.

The largest municipality is that municipality with the largest population as determined by the most recent United States Decennial Census.

b.

The mayor's designated alternate must be an elected member of the municipality's city council and approved as the mayor's designated alternate by the municipality's city council.

In the event the mayor is unable to attend a meeting, the mayor's designated alternate shall attend the meeting on the mayor's behalf and has the full right to vote.

3.

The following independent transit agencies or their legislatively created successor agencies shall each appoint from the membership of their governing bodies one member to the board:

Pinellas Suncoast Transit Authority and Hillsborough Area Regional Transit Authority.

Each member appointed under this subparagraph shall serve a 2-year term with not more than three consecutive terms being served by any person.

If a member no longer meets the transit authority's criteria for appointment, a Page 37 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 vacancy exists on the board, which must be filled as provided in this subparagraph within 90 days.

4.

The Governor shall appoint to the board four members from the regional business community, each of whom must reside in one of the counties governed by the authority and may not be an elected official.

Of the members initially appointed under this subparagraph, one shall serve a 1-year term, two shall serve 2-year terms, and one shall serve a term as the initial chair as provided in subsection (5).

Thereafter, a member appointed under this subparagraph shall serve a 2-year term with not more than three consecutive terms being served by any person.

Appointments may be staggered to avoid mass turnover at the end of any 2-year or 4-year period.

A vacancy during a term shall be filled within 90 days in the same manner as the original appointment for the remainder of the unexpired term.

(8) A simple majority Seven members of the board shall constitute a quorum, and a simple majority of the voting members present shall be necessary for any action to be taken by the board the vote of seven members is necessary for any action to be taken by the authority.

The authority may meet upon the constitution of a quorum.

A vacancy does not impair the right of a quorum of the board to exercise all rights and the ability to perform all duties of the authority.

Page 38 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 (9) Beginning July 1, 2017, the board must evaluate the abolishment, continuance, modification, or establishment of the following committees:

(a) Planning committee.

(b) Policy committee.

(c) Finance committee.

(d) Citizens advisory committee.

(e) Tampa Bay Area Regional Transit Authority Metropolitan Planning Organization Chairs Coordinating Committee.

(f) Transit management committee.

(g) Technical advisory committee.

The board must submit its recommendations for abolishment, continuance, modification, or establishment of the committees to the President of the Senate and the Speaker of the House of Representatives before the beginning of the 2018 Regular Session.

Section 20.

Paragraphs (e), (f), and (g) of subsection (3) of section 343.922, Florida Statutes, are amended to read:

343.922 Powers and duties.— (3) (e) The authority shall present the original regional transit development plan and updates to the governing bodies of the counties within the designated region, to the TBARTA Metropolitan Planning Organization Chairs Coordinating Page 39 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 Committee, and to the legislative delegation members representing those counties within 90 days after adoption.

(f) The authority shall coordinate plans and projects with the TBARTA Metropolitan Planning Organization Chairs Coordinating Committee, to the extent practicable, and participate in the regional M.P.O.

planning process to ensure regional comprehension of the authority's mission, goals, and objectives.

(g) The authority shall provide administrative support and direction to the TBARTA Metropolitan Planning Organization Chairs Coordinating Committee as provided in s.

339.175(6)(i).

Section 21.

Section 22.8.

Paragraph (d) of subsection (2) of section 349.04, Florida Statutes, is amended to read:

349.04 Purposes and powers.— Page 40 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb0057-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 57 2021 (2) The authority is hereby granted, and shall have and may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but without being limited to, the right and power:

(d) To enter into and make leases for terms not exceeding 99 40 years, as either lessee or lessor, in order to carry out the right to lease as set forth in this chapter.

Section 23.

Such resourcesPage are16 limitedof to18 soil,CODING: organic soil, sand, or clay that can be removed with construction excavating equipment and loaded on a haul truck with no additional processing.

Section 24.

Section 378.801, Florida Statutes, is amended to read:

378.801 Other resources;

notice of intent to extract mine required.— (1) An No operator may not begin the operation of a borrow pit, or the process of extracting clay, peat, gravel, sand, or Page 41 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 anyresources otherare solidlimited substanceto ofsoil, commercialorganic valuesoil, foundsand, in natural deposits or inclay thethat earth,can exceptbe fuller'sremoved earthwith clay,construction heavyexcavating minerals,equipment limestone,and orloaded phosphate,on which are regulated elsewhere in this chapter, at a newhaul locationtruck minewith withoutno notifyingadditional theprocessing. secretary of the intention to extract mine.

Section 9.

Section 378.801, Florida Statutes, is amended to read:

378.801 Other resources;

notice of intent to extract mine required.— (1) An No operator may not begin the operation of a borrow pit, or the process of extracting clay, peat, gravel, sand, or any other solid substance of commercial value found in natural deposits or in the earth, except fuller's earth clay, heavy minerals, limestone, or phosphate, which are regulated elsewhere in this chapter, at a new location mine without notifying the secretary of the intention to extract mine.

Section 25.10.

SectionPage 26.17 of 18 CODING:

Subsection (5) of section 479.07, Florida Statutes, is amended to read:

479.07 Sign permits.— (5)(a) For each permit issued, the department shall furnish to the applicant a serially numbered permanent metal permit tag.

The permittee is responsible for maintaining a valid permit tag on each permitted sign facing at all times.

The tag shall be securely attached to the upper 50 percent of the sign structure, and attached in such a manner as to be plainly Page 42 of 44 CODING:

hb0057-02-c2hb0057-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 57 2021 visibleSection from11. the main-traveled way.

The permit tag must be properly and permanently displayed at the permitted site within 30 days after the date of permit issuance.

If the permittee fails to erect a completed sign on the permitted site within 270 days after the date on which the permit was issued, the permit will be void, and the department may not issue a new permit to that permittee for the same location for 270 days after the date on which the permit becomes void.

(b) If a permit tag is lost, stolen, or destroyed, the permittee to whom the tag was issued must apply to the department for a replacement tag.

The department shall establish a service fee for replacement tags in an amount that will recover the actual cost of providing the replacement tag.

Upon receipt of the application accompanied by the service fee, the department shall issue a replacement permit tag.

(c)1.