SB 1500 — Transportation

or (b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.

(2) The provisions of This section does shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.

(3) This section does The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices.

The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time, place, and manner in which a device or an instrument described in subsection (1) such business may be operated.

(4) The provisions of This section does do not apply to the noise made by a horn or other warning device required or permitted by s.

316.271.

The Department of Highway Safety and Motor Vehicles shall adopt promulgate rules defining “plainly audible” and shall establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

Section 3. Subsection (5) of section 316.305, Florida Statutes, is amended to read:

Section 3. Section4. Section 316.70, Florida Statutes, is amended to read:

Section 4. Section5. Section 319.1414, Florida Statutes, is created to read:

Section 5. Section6. Section 319.25, Florida Statutes, is amended to read:

Section 6. Subsection7. Paragraph (3)(b) and paragraph (a) of subsection (10)(3) of section 320.27,319.30, Florida Statutes, areis 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 8. Subsection (3) and paragraph (a) of subsection (10) of section 320.27, Florida Statutes, are amended to read:

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 such policy, a copy of the renewed, continued, changed, or new policy.

An applicant for renewal shall pay to the department $75 for a 1-year1 year renewal or $150 for a 2-year renewal, in addition to any other fees required by law.

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 such 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. Paragraph9. Paragraph (a) of subsection (16) of section 320.77, Florida Statutes, is amended to read:

The 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, cash bond, or irrevocable letter of credit or within 10 calendar days after any issuance of a new such surety bond, cash bond, or irrevocable letter of credit, a copy of such renewed, continued, changed, or new surety bond, cash bond, or irrevocable letter of credit.

482621 For the purposes of this paragraph, any person who buys, sells, or deals in both mobile homes and recreational vehicles shall provide the same surety bond required of dealers who buy, sell, or deal in mobile homes only.

Section 8. Paragraphs10. Paragraph (a)(j) of subsection (3) and (b)paragraph (a) of subsection (5)(16) of section 320.8225,320.771, Florida Statutes, are amended to read:

320.771 License required of recreational vehicle dealers.— (3) APPLICATION.—The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it.

The application shall be verified by oath or affirmation and shall contain:

(j) Evidence A statement that the applicant is insured under a garage liability insurance 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, if the applicant is to be licensed as a dealer in, or intends to sell, recreational vehicles.

Such policy must be for the license period and delivered to the department in the manner prescribed by the department.

The 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 such renewed, continued, changed, or new policy.

However, a garage liability policy is not required for the licensure of a mobile home dealer who sells only park trailers.

649 The department shall, if it deems necessary, cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

(16) BOND.— (a) Before any license shall be issued or renewed, the applicant shall deliver to the department, in the manner prescribed by the department, a good and sufficient surety bond, executed by the applicant as principal and by a surety company qualified to do business in the state as surety.

The 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 within 10 calendar days after any issuance of a new surety bond, a copy of such renewed, continued, changed, or new surety bond.

The bond shall be in a form to be approved by the department and shall be conditioned upon the dealer’s complying with the conditions of any written contract made by that dealer in connection with the sale, exchange, or improvement of any recreational vehicle and his or her not violating any of the provisions of chapter 319 or this chapter in the conduct of the business for which he or she is licensed.

The bond shall be to the department and in favor of any retail customer who shall suffer any loss as a result of any violation of the conditions hereinabove contained.

The bond shall be for the license period, and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period.

However, the aggregate liability of the surety in any one license year shall in no event exceed the sum of such bond.

The amount of the bond required shall be as follows:

1. A single dealer who buys, sells, or deals in recreational vehicles and has four or fewer supplemental licenses shall provide a surety bond in the amount of $10,000.

2. A single dealer who buys, sells, or deals in recreational vehicles and who has more than four supplemental licenses shall provide a surety bond in the amount of $20,000.

687 For the purposes of this paragraph, any person who buys, sells, or deals in both mobile homes and recreational vehicles shall provide the same surety bond required of dealers who buy, sell, or deal in mobile homes only.

Section 11. Paragraphs (a) and (b) of subsection (5) of section 320.8225, Florida Statutes, are amended to read:

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, cash bond, or letter of credit or within 10 calendar days after any issuance of a new such surety bond, cash bond, or letter of credit, a copy of such renewed, continued, changed, or new surety bond, cash bond, or letter of credit.

The 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 within 10 calendar days after any issuance of a new such surety bond, a copy of such renewed, continued, changed, or new surety bond.

Section 9. Section12. Section 320.861, Florida Statutes, is amended to read:

Section 10. Section13. Section 322.71, Florida Statutes, is created to read:

Section 11. Paragraph14. Subsection (c)(7) of subsection (1) of section 348.754,337.14, Florida Statutes, is amended to read:

348.754 Purposes337.14 Application andfor powers.—qualification; (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 consent of the secretary of the department, construct any extensions, additions, or improvements to the expressway system in Lake County.

Sectioncertificate 12. For the purpose of incorporatingqualification; the amendment made by this act to section 316.126, Florida Statutes, in a reference thereto, paragraph (d) of subsection (2) of section 318.18, Florida Statutes, is reenacted to read:

restrictions;

request for hearing.— (7) A “contractor” as defined in s.

337.165(1)(d) or his or her “affiliate” as defined in s.

337.165(1)(a) qualified with the department under this section may not also qualify under s.

287.055 or s.

337.105 to provide testing services, construction, engineering, and inspection services to the department.

This limitation does not apply to any design-build prequalification under s.

337.11(7) and does not apply when the department otherwise determines by written order entered at least 30 days before advertisement that the limitation is not in the best interests of the public with respect to a particular contract for testing services, construction, engineering, and inspection services.

This subsection does not authorize a contractor to provide testing services, or provide 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 construction engineering and inspection services may not be the same entity.

Section 15. Paragraph (a) of subsection (8) of section 338.221, Florida Statutes, is amended to read:

338.221 Definitions.—As used in ss.

338.22-338.241, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

(8) “Economically feasible” means:

(a) For a proposed turnpike project, that, as determined by the department before the issuance of revenue bonds for the project, the estimated net revenues of the proposed turnpike project, excluding feeder roads and turnpike improvements, will be sufficient to pay at least 50 percent of the average annual debt service on the bonds associated with the project by the end of the 12th year of operation and to pay at least 100 percent of the average annual debt service on the bonds by the end of the 30th year of operation.

In implementing this paragraph, up to 50 percent of the adopted work program costs of the project may be funded from turnpike revenues.

869 This subsection does not prohibit the pledging of revenues from the entire turnpike system to bonds issued to finance or refinance a turnpike project or group of turnpike projects.

Section 16. Subsection (4) of section 339.0809, Florida Statutes, is amended to read:

339.0809 Florida Department of Transportation Financing Corporation.— (4) The Florida Department of Transportation Financing Corporation may enter into one or more service contracts with the department to provide services to the department in connection with projects approved in the department’s work program, which approval specifically provides that the department may enter into a service contract for the project pursuant to this section.

The department may enter into one or more such service contracts with the corporation and provide for payments under such contracts, subject to annual appropriation by the Legislature.

The proceeds from such service contracts may be used for the corporation’s administrative costs and expenses after payments under subsection (5).

Each service contract may have a term of up to 35 years.

In compliance with s.

287.0641 and other applicable law, the obligations of the department under such service contracts do not constitute a general obligation of the state or a pledge of the full faith and credit or taxing power of the state, and such obligations are not an obligation of the State Board of Administration or entities for which it invests funds, other than the department as provided in this section, but are payable solely from amounts available in the State Transportation Trust Fund, subject to annual appropriation.

Notwithstanding any law to the contrary, funds in the State Transportation Trust Fund must first be available for appropriation for payments under a service contract before any other purpose, except for payments pursuant to s.

215.616, s.

215.617, s.

320.20(3) or (4), or s.

339.0801(1)(a).

Annual debt service on the corporation’s bonds payable from moneys appropriated for service contract payments may not exceed $100 million.

In compliance with this subsection and s.

287.0582, the service contract must expressly include the following statement:

“The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.” 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, 343.881, 343.884, and 343.89, Florida Statutes, is repealed.

Section 18. 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 19. For the purpose of incorporating the amendment made by this act to section 316.126, Florida Statutes, in a reference thereto, paragraph (d) of subsection (2) of section 318.18, Florida Statutes, is reenacted to read:

Section 13. For20. For the purpose of incorporating the amendment made by this act to section 316.70, Florida Statutes, in a reference thereto, subsection (1) of section 316.3026, Florida Statutes, is reenacted to read:

Section 14. This21. For the purpose of incorporating the amendment made by this act shallto takesection effect338.221, JulyFlorida 1,Statutes, 2021.in a reference thereto, section 338.2276, Florida Statutes, is reenacted to read:

338.2276 Western Beltway turnpike project;

financing.—Upon a determination of economic feasibility, as defined in s.

338.221(8), for part C of the Western Beltway turnpike project, which part extends from Florida’s Turnpike near Ocoee in Orange County southerly through Orange County and Osceola County to an interchange with I-4 near the Osceola/Polk County line, the Department of Transportation shall include a request for the issuance of turnpike revenue bonds to construct the project as part of its next legislative budget request and tentative work program.

If funding is insufficient to construct part C, it is the intent of the Legislature that such project be given priority as a project financed from subsequent issuances of turnpike revenue bonds approved by the Legislature;

however, such priority consideration is contingent on the project’s meeting all economic feasibility requirements and upon the project’s being financed without the use of capitalized interest.

Section 22. 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 23. This act shall take effect July 1, 2021.