SB 1194 — Transportation

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;

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 the authority’s assets;

10847 Be It Enacted by the Legislature of the State of Florida:

11049 Section 1. Section 177.107,287.05705, Florida Statutes, is created to read:

177.107 Closing and abandonment of roads;

optional conveyance to a community development district;

traffic control jurisdiction.— (1) The governing body of a municipality or county may abandon the roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously convey the municipality’s or county’s interest in such roads, rights-of way, and appurtenant drainage facilities to a community development district established under chapter 190 in which the subdivision is located, if all of the following conditions are 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 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 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) The provisions of this section are supplemental and additional to the powers of municipalities and counties.

Section 2. Section 287.05705, Florida Statutes, is created to read:

Section 3. Subsections2. Subsections (5) and (7) of section 316.2397, Florida Statutes, are amended to read:

Section 4. Paragraph3. Section (b)337.025, 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 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;

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 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 5. Paragraph (b) of subsection (1) of section 320.06, Florida Statutes, as amended by section 1 of chapter 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 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 6. 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 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 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 $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 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 7. Section 337.025, Florida Statutes, is amended to read:

Section 8. Section4. Section 337.0262, Florida Statutes, is created to read:

Section 9. Subsections5. Subsections (1), (4), and (7) of section 337.14, Florida Statutes, are amended to read:

Section 10. Section6. Section 337.185, Florida Statutes, is amended to read:

703382 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 11. Subsection7. Present subsections (3) through (19) of section 338.166,378.403, Florida Statutes, are redesignated as subsections (4) through (20), respectively, and a new subsection (3) is amendedadded to that section, to read:

338.166 High-occupancy toll lanes or express lanes.— (3) Any remaining toll revenue from the high-occupancy toll lanes or express lanes shall be used by the department for the construction, maintenance, or improvement of any road or to support public transportation projects that benefit the operation of 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.

Section 12. Paragraph (f) of subsection (6) of section 339.175, Florida Statutes, is 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 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.

Section 13. 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, 343.881, 343.884, and 343.89, Florida Statutes, is repealed.

Section 14. Paragraph (c) of subsection (1) of section 348.754, Florida Statutes, is amended to read:

348.754 Purposes and powers.— (1) (c) Notwithstanding any other provision of this section to the contrary, to ensure the continued financial feasibility of the portion of the Wekiva Parkway to be constructed by the department, the authority may not, without the prior consultation with consent of the secretary of the department, construct any extensions, additions, or improvements to the expressway system in Lake County.

Section 15. Paragraph (d) of subsection (2) of section 349.04, Florida Statutes, is amended to read:

349.04 Purposes and powers.— (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 16. Present subsections (3) through (19) of section 378.403, Florida Statutes, are redesignated as subsections (4) through (20), respectively, and a new subsection (3) is added to that section, to read:

Section 17. Section8. Section 378.801, Florida Statutes, is amended to read:

Section 18. Section9. Section 378.802, Florida Statutes, is amended to read:

Section 19. Subsection10. This (5)act ofshall sectiontake 479.07,effect FloridaJuly Statutes,1, is2021. 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 visible from 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. As soon as practicable, the department shall create and implement a publicly accessible electronic database to include all permits issued by the department.

At a minimum, the database must include the name and contact information of the permit operator, the structure identification number or numbers, the panel or face identification number or numbers, the latitude and longitude of the permitted sign, the compass bearing, images of the permitted sign once constructed, and the most recent date the department visually inspected the permitted sign.

2. Once the department creates and implements the publicly accessible electronic database:

a. The department may not furnish permanent metal permit tags or replacement tags to permittees;

b. The department may not enforce the provisions relating to permanent metal permit tags or replacement tags specified in paragraphs (a) and (b);

and c. Permittees are not required to return permit tags to the department as provided in subsection (8).

Section 20. 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 21. This act shall take effect July 1, 2021.