Florida Senate - 2011 CS for SB 1180
By the Committee on Transportation; and Senator Latvala
596-03338-11 20111180c1
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; providing that the Florida Statewide Passenger
4 Rail Commission has the primary and exclusive
5 authority to monitor certain designated functions
6 related to passenger rail systems; removing from the
7 Florida Transportation Commission the responsibility
8 and duty to monitor the efficiency, productivity, and
9 management of all publicly funded passenger rail
10 systems in the state; amending s. 286.011, F.S.;
11 providing for the conduct of transportation agency
12 public meetings through the use of communications
13 media technology; amending s. 316.091, F.S.; requiring
14 the Department of Transportation to establish a pilot
15 program to open certain limited access highways and
16 bridges to bicycles and other human-powered vehicles;
17 providing requirements for the pilot program; amending
18 s. 316.3025, F.S.; providing a uniform civil penalty
19 for failure to possess a current, prescribed form of
20 medical examiner’s certificate reflecting a driver’s
21 physical qualification to drive a commercial motor
22 vehicle; amending s. 334.03, F.S.; revising and
23 repealing obsolete definitions in the Florida
24 Transportation Code; amending s. 334.044, F.S.;
25 revising the duties and powers of the Department of
26 Transportation; amending s. 334.047, F.S.; repealing
27 an obsolete provision prohibiting the department from
28 establishing a maximum number of miles of urban
29 principal arterial roads within a district or county;
30 amending s. 336.021, F.S.; revising the date when
31 imposition of the ninth-cent fuel tax will be levied;
32 amending s. 336.025, F.S.; revising the date when
33 imposition or rate charges of the local option fuel
34 tax shall be levied; amending s. 337.111, F.S.;
35 providing additional forms of security for the cost of
36 removal of monuments or memorials or modifications to
37 an installation site at highway rest areas; amending
38 s. 337.403, F.S.; specifying a utility owner must
39 initiate work necessary to alleviate unreasonable
40 interference under certain circumstances; amending s.
41 337.404, F.S.; revising notice and order requirements
42 relating to utility work; repealing s. 338.001, F.S.,
43 relating to the Florida Interstate Highway System
44 Plan; amending s. 338.01, F.S.; clarifying provisions
45 governing the designation and function of limited
46 access facilities; amending s. 338.227, F.S.;
47 replacing a reference to the Florida Intrastate
48 Highway System Plan with a reference to the Strategic
49 Intermodal System Plan to provide for the
50 participation of minority businesses in certain
51 contracts related to the plan; amending ss. 338.2275
52 and 338.228, F.S., relating to turnpike projects;
53 revising cross-references; amending s. 338.234, F.S.;
54 replacing a reference to the Florida Intrastate
55 Highway System with a reference to the Strategic
56 Intermodal System to exempt certain lessees from
57 payment of commercial rental tax; amending s. 339.62,
58 F.S.; replacing a reference to the Florida Intrastate
59 Highway System with a reference to highway corridors
60 to clarify the components of the Strategic Intermodal
61 System; amending s. 339.63, F.S.; adding military
62 access facilities to the types of facilities included
63 in to the Strategic Intermodal System and the Emerging
64 Strategic Intermodal System; amending s. 339.64, F.S.;
65 deleting provisions creating the Statewide Intermodal
66 Transportation Advisory Council; creating s. 339.65,
67 F.S.; requiring the department to plan and develop for
68 Strategic Intermodal System highway corridors to aid
69 traffic movement around the state; requiring the
70 department to follow specified policy guidelines when
71 developing the corridors; directing the department to
72 establish standards and criteria for functional
73 designs of the highway system; providing for an
74 appropriation for developing the corridor; requiring
75 strategic highway projects to be a part of the
76 department’s adopted work program; amending s.
77 339.155, F.S.; providing a reference to federally
78 required transportation planning factors; clarifying
79 provisions relating to the Florida Transportation
80 Plan; deleting certain duplicative performance
81 reporting requirements; amending s. 341.840, F.S.;
82 replacing references to the “Florida High Speed Rail
83 Authority” with references to the “Florida Rail
84 Enterprise” for purposes of a tax exemption; amending
85 ss. 163.3180, 288.063, 311.07, 311.09, 316.2122,
86 316.515, 336.01, 338.222, 341.8225, 479.01, 479.07,
87 and 479.261, F.S.; conforming cross-references to
88 changes made by the act; amending s. 310.002, F.S.;
89 redefining the term “port” to include Port Citrus;
90 amending s. 311.09, F.S.; including a representative
91 of Port Citrus as a member of the Florida Seaport
92 Transportation and Economic Development Council;
93 amending s. 316.075, F.S.; providing for minimum
94 yellow light change interval times for traffic control
95 devices; amending s. 316.0083, F.S.; prohibiting the
96 issuance of a traffic citation for certain traffic
97 light violations unless the light meets specified
98 requirements; repealing s. 316.2045, F.S., relating to
99 obstruction of public streets, highways, and roads;
100 creating s. 316.2046, F.S., relating to obstruction of
101 public streets, highways, and roads; providing
102 legislative findings; defining the term “solicit”;
103 requiring a permit in order to obstruct the use of any
104 public street, highway, or road when that obstruction
105 may endanger the safe movement of vehicles or
106 pedestrians; requiring each county or municipality to
107 adopt a permitting process that protects public safety
108 but does not impair the rights of free speech;
109 providing criteria for the permitting process;
110 limiting the cost of the permit to the amount required
111 to administer the permitting process; prohibiting the
112 denial of a permit due to lack of funds, as attested
113 to by a signed affidavit; providing for jurisdiction
114 over non-limited access state roads, and local roads,
115 streets, and highways for counties and municipalities;
116 providing exceptions; providing that a violation of
117 the act is a pedestrian violation, punishable under
118 ch. 318, F.S.; providing for an additional fine;
119 providing for the disposition of moneys collected;
120 providing for enforcement by the Department of Highway
121 Safety and Motor Vehicles and other law enforcement
122 agencies; creating s. 316.2047, F.S., relating to
123 panhandling; providing legislative findings; defining
124 terms; prohibiting aggressive panhandling, panhandling
125 under certain circumstances, and fraudulent
126 panhandling; authorizing counties and municipalities
127 to increase the restrictions on panhandling under
128 certain conditions; providing that a violation of the
129 act is a pedestrian violation, punishable under ch.
130 318, F.S.; providing for an additional fine; providing
131 for the disposition of moneys collected; providing for
132 enforcement by the Department of Highway Safety and
133 Motor Vehicles and other law enforcement agencies;
134 amending s. 316.302, F.S.; providing that certain
135 restrictions on the number of consecutive hours that a
136 commercial motor vehicle may operate do not apply to a
137 farm labor vehicle operated during a state of
138 emergency or during an emergency pertaining to
139 agriculture; amending s. 334.044, F.S.; revising the
140 types of transportation projects for which landscaping
141 materials must be purchased; limiting the amount of
142 funds that may be allocated for such purchases;
143 amending s. 337.406, F.S.; removing the Department of
144 Transportation’s authority to provide exceptions to
145 the unlawful use of the right-of-way of any state
146 transportation facility; broadening provisions to
147 prohibit the unlawful use of any limited access
148 highway; removing an exception to prohibited uses
149 provided for art festivals, parades, fairs, or other
150 special events; removing a local government’s
151 authority to issue certain permits; authorizing
152 counties and municipalities to regulate the use of
153 transportation facilities within their respective
154 jurisdictions, with the exception of limited access
155 highways; authorizing the Department of Transportation
156 to regulate the use of welcome centers and rest stops;
157 removing provisions authorizing valid peddler
158 licensees to make sales from vehicles standing on the
159 rights-of-way of welcome centers and rest stops;
160 amending s. 337.408, F.S.; revising requirements for
161 the installation of bus stop benches, transit
162 shelters, street light poles, waste disposal
163 receptacles, and modular news racks within the public
164 rights-of-way; requiring compliance with the Americans
165 With Disabilities Act; providing responsibilities for
166 removal of noncompliant installations; amending s.
167 373.413, F.S.; providing legislative intent regarding
168 flexibility in the permitting of stormwater management
169 systems; requiring the cost of stormwater treatment
170 for a transportation project to be balanced with
171 benefits to the public; absolving the Department of
172 Transportation of responsibility for the abatement of
173 pollutants entering its stormwater facilities from
174 offsite sources and from updating permits for adjacent
175 lands impacted by right-of-way acquisition;
176 authorizing the water management districts and the
177 department to adopt rules; amending s. 373.4137, F.S.;
178 revising mitigation requirements for transportation
179 projects to include other nonspecified mitigation
180 options; providing for the release of escrowed
181 mitigation funds under certain circumstances;
182 providing for the exclusion of projects from a
183 mitigation plan upon the election of one or more
184 agencies rather than the agreement of all parties;
185 amending s. 374.976, F.S.; conforming provisions to
186 include Port Citrus in provisions relating to the
187 authority of inland navigation districts; amending s.
188 403.021, F.S.; conforming provisions to include Port
189 Citrus in legislative declarations relating to
190 environmental control; amending s. 403.061, F.S.;
191 conforming provisions to include Port Citrus in
192 provisions relating to powers of the Department of
193 Environmental Protection; amending s. 403.813, F.S.;
194 conforming provisions to include Port Citrus in
195 provisions relating to permits issued at Department of
196 Environmental Protection district centers; amending s.
197 403.816, F.S.; conforming provisions to include Port
198 Citrus in provisions relating to certain maintenance
199 projects at deepwater ports and beach restoration
200 projects; amending s. 479.106, F.S.; revising
201 requirements for an application for a permit to
202 remove, cut, or trim trees or vegetation around a
203 sign; requiring that the application include a
204 vegetation management plan, a mitigation contribution
205 to a trust fund, or a combination of both; providing
206 certain evaluation criteria; providing criteria for
207 the use of herbicides; providing a time limit within
208 which the Department of Transportation must act;
209 providing that the permit is valid for 5 years;
210 providing for an extension of the permit; reducing the
211 number of nonconforming signs that must be removed
212 before a permit may be issued for certain signs;
213 providing criteria for view zones; requiring the
214 department to provide notice to the sign owner of
215 beautification projects or vegetation planting;
216 amending s. 479.16, F.S.; exempting signs erected
217 under the local tourist-oriented commerce signs pilot
218 program from certain permit requirements; exempting
219 certain temporary signs for farm operations from
220 permit requirements; creating s. 479.263, F.S.;
221 creating the tourist-oriented commerce signs pilot
222 program; exempting commercial signs that meet certain
223 criteria from permit requirements; providing for
224 future expiration of the pilot program; providing an
225 effective date.
226
227 WHEREAS, the state has a significant and substantial
228 interest in vehicular and pedestrian safety and the free flow of
229 traffic, and
230 WHEREAS, studies have shown that Florida is one of the most
231 dangerous states in the country for pedestrians, and
232 WHEREAS, while the streets may have been the natural and
233 proper places for the public dissemination of information prior
234 to the advent of the automobile, the streets, highways, and
235 roads of this state are now used primarily for transportation,
236 and
237 WHEREAS, obstructing the flow of pedestrian traffic on a
238 sidewalk can cause pedestrians to enter into the roadway and is
239 a serious threat to public safety, and
240 WHEREAS, the current permitting provisions curtail behavior
241 only on sidewalks and streets, which is a danger to public
242 safety, and
243 WHEREAS, the provisions of this act directed toward
244 ordinary panhandling are designed to promote public safety,
245 including minimizing panhandling in transit systems or in areas
246 where panhandling is likely to intimidate persons who are
247 solicited, and
248 WHEREAS, aggressive panhandling may obstruct the free flow
249 of traffic when carried out in or adjacent to a roadway, may
250 intimidate citizens who may choose to avoid certain public areas
251 or give money to panhandlers in order to avoid an escalation of
252 aggressive behavior, and generally threatens public safety and
253 diminishes the quality of life for residents and tourists alike,
254 and
255 WHEREAS, an important public purpose is served when the
256 public safety is protected in keeping with rights granted by the
257 First Amendment to the United States Constitution, NOW,
258 THEREFORE,
259
260 Be It Enacted by the Legislature of the State of Florida:
261
262 Section 1. Paragraph (b) of subsection (3) of section
263 20.23, Florida Statutes, is amended to read:
264 20.23 Department of Transportation.—There is created a
265 Department of Transportation which shall be a decentralized
266 agency.
267 (3) There is created the Florida Statewide Passenger Rail
268 Commission.
269 (b) The commission shall have the primary and exclusive
270 functions of:
271 1. Monitoring the efficiency, productivity, and management
272 of all publicly funded passenger rail systems in the state,
273 including, but not limited to, any authority created under
274 chapter 343, chapter 349, or chapter 163 if the authority
275 receives public funds for providing the provision of passenger
276 rail service. The commission shall advise each monitored
277 authority of its findings and recommendations. The commission
278 shall also conduct periodic reviews of each monitored
279 authority’s passenger rail and associated transit operations and
280 budget, acquisition of property, management of revenue and bond
281 proceeds, and compliance with applicable laws and generally
282 accepted accounting principles. The commission may seek the
283 assistance of the Auditor General in conducting such reviews and
284 shall report the findings of such reviews to the Legislature.
285 This paragraph does not preclude the Florida Transportation
286 Commission from conducting its performance and work program
287 monitoring responsibilities.
288 2. Advising the department on policies and strategies used
289 in planning, designing, building, operating, financing, and
290 maintaining a coordinated statewide system of passenger rail
291 services.
292 3. Evaluating passenger rail policies and providing advice
293 and recommendations to the Legislature on passenger rail
294 operations in the state.
295 Section 2. Subsection (9) is added to section 286.011,
296 Florida Statutes, to read:
297 286.011 Public meetings and records; public inspection;
298 criminal and civil penalties.—
299 (9) Transportation and expressway authorities created under
300 chapter 343, chapter 348, or chapter 349 which are subject to
301 this section may conduct public meetings and workshops by means
302 of communications media technology, as provided in s. 120.54(5).
303 Section 3. Subsection (4) of section 316.091, Florida
304 Statutes, is amended, present subsection (5) of that section is
305 renumbered as subsection (6), and a new subsection (5) is added
306 to that section, to read:
307 316.091 Limited access facilities; interstate highways; use
308 restricted.—
309 (4) No person shall operate a bicycle or other human
310 powered vehicle on the roadway or along the shoulder of a
311 limited access highway, including bridges, unless official signs
312 and a designated marked bicycle lane are present at the entrance
313 of the section of highway indicating that such use is permitted
314 pursuant to a pilot program of the Department of Transportation
315 an interstate highway.
316 (5) The Department of Transportation shall establish a 2
317 year pilot program, in three separate urban areas, in which it
318 shall erect signs and designated marked bicycle lanes indicating
319 highway approaches and bridge segments of limited access
320 highways as open to use by operators of bicycles and other
321 human-powered vehicles, under the following conditions:
322 (a) The limited access highway approaches and bridge
323 segments chosen must cross a river, lake, bay, inlet, or surface
324 water, where no street or highway crossing the water body is
325 available for use within 2 miles of entrance to the limited
326 access facility, measured along the shortest public right-of
327 way.
328 (b) The Department of Transportation, with the concurrence
329 of the Federal Highway Administration on interstate facilities,
330 shall establish the three highway approaches and bridge segments
331 for the pilot project by October 1, 2011. In selecting the
332 highway approaches and bridge segments, the Department of
333 Transportation shall consider, without limitation, a minimum
334 size of population in the urban area within 5 miles of the
335 highway approach and bridge segment, the lack of bicycle access
336 by other means, cost, safety, and operational impacts.
337 (c) The Department of Transportation shall begin the pilot
338 program by erecting signs and designating marked bicycle lanes
339 indicating highway approaches and bridge segments of limited
340 access highway, as qualified by the conditions described in this
341 subsection, as open to use by operators of bicycles and other
342 human-powered vehicles no later than January 1, 2012.
343 (d) The Department of Transportation shall conduct the
344 pilot program for a minimum of 2 years following the
345 implementation date. The department may continue to provide
346 bicycle access on the highway approaches and bridge segments
347 chosen for the pilot program or initiate bicycle access on other
348 limited access facilities after the end of the program.
349 (e) The Department of Transportation shall submit a report
350 of its findings and recommendations from the pilot program to
351 the Governor, the President of the Senate, and the Speaker of
352 the House of Representatives by September 1, 2014. The report
353 shall include, at a minimum, bicycle crash data occurring in
354 designated segments of the pilot program, usage by operators of
355 bicycles and other human-powered vehicles, enforcement issues,
356 operational impacts, and the cost of the pilot program.
357 Section 4. Paragraph (b) of subsection (3) of section
358 316.3025, Florida Statutes, is amended to read:
359 316.3025 Penalties.—
360 (3)
361 (b) A civil penalty of $100 may be assessed for:
362 1. Each violation of the North American Uniform Driver Out
363 of-Service Criteria;
364 2. A violation of s. 316.302(2)(b) or (c);
365 3. A violation of 49 C.F.R. s. 392.60; or
366 4. A violation of 49 C.F.R. s. 391.41 or s. 391.43; or
367 5.4. A violation of the North American Standard Vehicle
368 Out-of-Service Criteria resulting from an inspection of a
369 commercial motor vehicle involved in a crash.
370 Section 5. Section 334.03, Florida Statutes, is amended to
371 read:
372 334.03 Definitions.—When used in the Florida Transportation
373 Code, the term:
374 (1) “Arterial road” means a route providing service which
375 is relatively continuous and of relatively high traffic volume,
376 long average trip length, high operating speed, and high
377 mobility importance. In addition, every United States numbered
378 highway is an arterial road.
379 (1)(2) “Bridge” means a structure, including supports,
380 erected over a depression or an obstruction, such as water or a
381 highway or railway, and having a track or passageway for
382 carrying traffic as defined in chapter 316 or other moving
383 loads.
384 (2)(3) “City street system” means all local roads within a
385 municipality which were under the jurisdiction of the
386 municipality on June 10, 1995; roads constructed by a
387 municipality for the municipality’s street system; roads
388 completely within an area annexed by a municipality, unless
389 otherwise provided by mutual consent; and roads transferred to
390 the municipality’s jurisdiction after June 10, 1995, by mutual
391 consent with another governmental entity, but not including
392 roads transferred from the municipality’s jurisdiction, and all
393 collector roads inside that municipality, which are not in the
394 county road system.
395 (4) “Collector road” means a route providing service which
396 is of relatively moderate average traffic volume, moderately
397 average trip length, and moderately average operating speed.
398 Such a route also collects and distributes traffic between local
399 roads or arterial roads and serves as a linkage between land
400 access and mobility needs.
401 (3)(5) “Commissioners” means the governing body of a
402 county.
403 (4)(6) “Consolidated metropolitan statistical area” means
404 two or more metropolitan statistical areas that are socially and
405 economically interrelated as defined by the United States Bureau
406 of the Census.
407 (5)(7) “Controlled access facility” means a street or
408 highway to which the right of access is highly regulated by the
409 governmental entity having jurisdiction over the facility in
410 order to maximize the operational efficiency and safety of the
411 high-volume through traffic utilizing the facility. Owners or
412 occupants of abutting lands and other persons have a right of
413 access to or from such facility at such points only and in such
414 manner as may be determined by the governmental entity.
415 (6)(8) “County road system” means all roads within a county
416 which were under the jurisdiction of that county on June 10,
417 1995; roads constructed by a county for the county’s road
418 system; and roads transferred to the county’s jurisdiction after
419 June 10, 1995, by mutual consent with another governmental
420 entity. The term does not include roads transferred from the
421 county’s jurisdiction by mutual consent or roads that are
422 completely within an area annexed by a municipality, except as
423 otherwise provided by mutual consent collector roads in the
424 unincorporated areas of a county and all extensions of such
425 collector roads into and through any incorporated areas, all
426 local roads in the unincorporated areas, and all urban minor
427 arterial roads not in the State Highway System.
428 (7)(9) “Department” means the Department of Transportation.
429 (10) “Florida Intrastate Highway System” means a system of
430 limited access and controlled access facilities on the State
431 Highway System which have the capacity to provide high-speed and
432 high-volume traffic movements in an efficient and safe manner.
433 (8)(11) “Functional classification” means the assignment of
434 roads into systems according to the character of service they
435 provide in relation to the total road network, using procedures
436 developed by the Federal Highway Administration. Basic
437 functional categories include arterial roads, collector roads,
438 and local roads which may be subdivided into principal, major,
439 or minor levels. Those levels may be additionally divided into
440 rural and urban categories.
441 (9)(12) “Governmental entity” means a unit of government,
442 or any officially designated public agency or authority of a
443 unit of government, that has the responsibility for planning,
444 construction, operation, or maintenance or jurisdiction over
445 transportation facilities; the term includes the Federal
446 Government, the state government, a county, an incorporated
447 municipality, a metropolitan planning organization, an
448 expressway or transportation authority, a road and bridge
449 district, a special road and bridge district, and a regional
450 governmental unit.
451 (10)(13) “Limited access facility” means a street or
452 highway especially designed for through traffic, and over, from,
453 or to which owners or occupants of abutting land or other
454 persons have no right or easement of access, light, air, or view
455 by reason of the fact that their property abuts upon such
456 limited access facility or for any other reason. Such highways
457 or streets may be facilities from which trucks, buses, and other
458 commercial vehicles are excluded; or they may be facilities open
459 to use by all customary forms of street and highway traffic.
460 (11)(14) “Local governmental entity” means a unit of
461 government with less than statewide jurisdiction, or any
462 officially designated public agency or authority of such a unit
463 of government, that has the responsibility for planning,
464 construction, operation, or maintenance of, or jurisdiction
465 over, a transportation facility; the term includes, but is not
466 limited to, a county, an incorporated municipality, a
467 metropolitan planning organization, an expressway or
468 transportation authority, a road and bridge district, a special
469 road and bridge district, and a regional governmental unit.
470 (15) “Local road” means a route providing service which is
471 of relatively low average traffic volume, short average trip
472 length or minimal through-traffic movements, and high land
473 access for abutting property.
474 (12)(16) “Metropolitan area” means a geographic region
475 comprising as a minimum the existing urbanized area and the
476 contiguous area projected to become urbanized within a 20-year
477 forecast period. The boundaries of a metropolitan area may be
478 designated so as to encompass a metropolitan statistical area or
479 a consolidated metropolitan statistical area. If a metropolitan
480 area, or any part thereof, is located within a nonattainment
481 area, the boundaries of the metropolitan area must be designated
482 so as to include the boundaries of the entire nonattainment
483 area, unless otherwise provided by agreement between the
484 applicable metropolitan planning organization and the Governor.
485 (13)(17) “Metropolitan statistical area” means an area that
486 includes a municipality of 50,000 persons or more, or an
487 urbanized area of at least 50,000 persons as defined by the
488 United States Bureau of the Census, provided that the component
489 county or counties have a total population of at least 100,000.
490 (14)(18) “Nonattainment area” means an area designated by
491 the United States Environmental Protection Agency, pursuant to
492 federal law, as exceeding national primary or secondary ambient
493 air quality standards for the pollutants carbon monoxide or
494 ozone.
495 (15)(19) “Periodic maintenance” means activities that are
496 large in scope and require a major work effort to restore
497 deteriorated components of the transportation system to a safe
498 and serviceable condition, including, but not limited to, the
499 repair of large bridge structures, major repairs to bridges and
500 bridge systems, and the mineral sealing of lengthy sections of
501 roadway.
502 (16)(20) “Person” means any person described in s. 1.01 or
503 any unit of government in or outside the state.
504 (17)(21) “Right of access” means the right of ingress to a
505 highway from abutting land and egress from a highway to abutting
506 land.
507 (18)(22) “Right-of-way” means land in which the state, the
508 department, a county, or a municipality owns the fee or has an
509 easement devoted to or required for use as a transportation
510 facility.
511 (19)(23) “Road” means a way open to travel by the public,
512 including, but not limited to, a street, highway, or alley. The
513 term includes associated sidewalks, the roadbed, the right-of
514 way, and all culverts, drains, sluices, ditches, water storage
515 areas, waterways, embankments, slopes, retaining walls, bridges,
516 tunnels, and viaducts necessary for the maintenance of travel
517 and all ferries used in connection therewith.
518 (20)(24) “Routine maintenance” means minor repairs and
519 associated tasks necessary to maintain a safe and efficient
520 transportation system. The term includes: pavement patching;
521 shoulder repair; cleaning and repair of drainage ditches,
522 traffic signs, and structures; mowing; bridge inspection and
523 maintenance; pavement striping; litter cleanup; and other
524 similar activities.
525 (21)(25) “State Highway System” means the following, which
526 shall be facilities to which access is regulated:
527 (a) the interstate system and all other roads within the
528 state which were under the jurisdiction of the state on June 10,
529 1995, and roads constructed by an agency of the state for the
530 State Highway System, plus roads transferred to the state’s
531 jurisdiction after that date by mutual consent with another
532 governmental entity, but not including roads so transferred from
533 the state’s jurisdiction. These facilities shall be facilities
534 to which access is regulated.;
535 (b) All rural arterial routes and their extensions into and
536 through urban areas;
537 (c) All urban principal arterial routes; and
538 (d) The urban minor arterial mileage on the existing State
539 Highway System as of July 1, 1987, plus additional mileage to
540 comply with the 2-percent requirement as described below.
541
542 However, not less than 2 percent of the public road mileage of
543 each urbanized area on record as of June 30, 1986, shall be
544 included as minor arterials in the State Highway System.
545 Urbanized areas not meeting the foregoing minimum requirement
546 shall have transferred to the State Highway System additional
547 minor arterials of the highest significance in which case the
548 total minor arterials in the State Highway System from any
549 urbanized area shall not exceed 2.5 percent of that area’s total
550 public urban road mileage.
551 (22)(26) “State Park Road System” means roads embraced
552 within the boundaries of state parks and state roads leading to
553 state parks, other than roads of the State Highway System, the
554 county road systems, or the city street systems.
555 (23)(27) “State road” means a street, road, highway, or
556 other way open to travel by the public generally and dedicated
557 to the public use according to law or by prescription and
558 designated by the department, as provided by law, as part of the
559 State Highway System.
560 (24)(28) “Structure” means a bridge, viaduct, tunnel,
561 causeway, approach, ferry slip, culvert, toll plaza, gate, or
562 other similar facility used in connection with a transportation
563 facility.
564 (25)(29) “Sufficiency rating” means the objective rating of
565 a road or section of a road for the purpose of determining its
566 capability to serve properly the actual or anticipated volume of
567 traffic using the road.
568 (26)(30) “Transportation corridor” means any land area
569 designated by the state, a county, or a municipality which is
570 between two geographic points and which area is used or suitable
571 for the movement of people and goods by one or more modes of
572 transportation, including areas necessary for management of
573 access and securing applicable approvals and permits.
574 Transportation corridors shall contain, but are not limited to,
575 the following:
576 (a) Existing publicly owned rights-of-way;
577 (b) All property or property interests necessary for future
578 transportation facilities, including rights of access, air,
579 view, and light, whether public or private, for the purpose of
580 securing and utilizing future transportation rights-of-way,
581 including, but not limited to, any lands reasonably necessary
582 now or in the future for securing applicable approvals and
583 permits, borrow pits, drainage ditches, water retention areas,
584 rest areas, replacement access for landowners whose access could
585 be impaired due to the construction of a future facility, and
586 replacement rights-of-way for relocation of rail and utility
587 facilities.
588 (27)(31) “Transportation facility” means any means for the
589 transportation of people or property from place to place which
590 is constructed, operated, or maintained in whole or in part from
591 public funds. The term includes the property or property rights,
592 both real and personal, which have been or may be established by
593 public bodies for the transportation of people or property from
594 place to place.
595 (28)(32) “Urban area” means a geographic region comprising
596 as a minimum the area inside the United States Bureau of the
597 Census boundary of an urban place with a population of 5,000 or
598 more persons, expanded to include adjacent developed areas as
599 provided for by Federal Highway Administration regulations.
600 (33) “Urban minor arterial road” means a route that
601 generally interconnects with and augments an urban principal
602 arterial road and provides service to trips of shorter length
603 and a lower level of travel mobility. The term includes all
604 arterials not classified as “principal” and contain facilities
605 that place more emphasis on land access than the higher system.
606 (29)(34) “Urban place” means a geographic region composed
607 of one or more contiguous census tracts that have been found by
608 the United States Bureau of the Census to contain a population
609 density of at least 1,000 persons per square mile.
610 (35) “Urban principal arterial road” means a route that
611 generally serves the major centers of activity of an urban area,
612 the highest traffic volume corridors, and the longest trip
613 purpose and carries a high proportion of the total urban area
614 travel on a minimum of mileage. Such roads are integrated, both
615 internally and between major rural connections.
616 (30)(36) “Urbanized area” means a geographic region
617 comprising as a minimum the area inside an urban place of 50,000
618 or more persons, as designated by the United States Bureau of
619 the Census, expanded to include adjacent developed areas as
620 provided for by Federal Highway Administration regulations.
621 Urban areas with a population of fewer than 50,000 persons which
622 are located within the expanded boundary of an urbanized area
623 are not separately recognized.
624 (31)(37) “511” or “511 services” means three-digit
625 telecommunications dialing to access interactive voice response
626 telephone traveler information services provided in the state as
627 defined by the Federal Communications Commission in FCC Order
628 No. 00-256, July 31, 2000.
629 (32)(38) “Interactive voice response” means a software
630 application that accepts a combination of voice telephone input
631 and touch-tone keypad selection and provides appropriate
632 responses in the form of voice, fax, callback, e-mail, and other
633 media.
634 Section 6. Subsections (11) and (13) of section 334.044,
635 Florida Statutes, are amended to read:
636 334.044 Department; powers and duties.—The department shall
637 have the following general powers and duties:
638 (11) To establish a numbering system for public roads and,
639 to functionally classify such roads, and to assign
640 jurisdictional responsibility.
641 (13) To designate existing and to plan proposed
642 transportation facilities as part of the State Highway System,
643 and to construct, maintain, and operate such facilities.
644 Section 7. Section 334.047, Florida Statutes, is amended to
645 read:
646 334.047 Prohibition.—Notwithstanding any other provision of
647 law to the contrary, the Department of Transportation may not
648 establish a cap on the number of miles in the State Highway
649 System or a maximum number of miles of urban principal arterial
650 roads, as defined in s. 334.03, within a district or county.
651 Section 8. Subsection (5) of section 336.021, Florida
652 Statutes, is amended to read:
653 336.021 County transportation system; levy of ninth-cent
654 fuel tax on motor fuel and diesel fuel.—
655 (5) All impositions of the tax shall be levied before
656 October July 1 of each year to be effective January 1 of the
657 following year. However, levies of the tax which were in effect
658 on July 1, 2002, and which expire on August 31 of any year may
659 be reimposed at the current authorized rate to be effective
660 September 1 of the year of expiration. All impositions shall be
661 required to end on December 31 of a year. A decision to rescind
662 the tax shall not take effect on any date other than December 31
663 and shall require a minimum of 60 days’ notice to the department
664 of such decision.
665 Section 9. Paragraphs (a) and (b) of subsection (1) of
666 section 336.025, Florida Statutes, are amended to read:
667 336.025 County transportation system; levy of local option
668 fuel tax on motor fuel and diesel fuel.—
669 (1)(a) In addition to other taxes allowed by law, there may
670 be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
671 cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
672 fuel tax upon every gallon of motor fuel and diesel fuel sold in
673 a county and taxed under the provisions of part I or part II of
674 chapter 206.
675 1. All impositions and rate changes of the tax shall be
676 levied before October July 1 to be effective January 1 of the
677 following year for a period not to exceed 30 years, and the
678 applicable method of distribution shall be established pursuant
679 to subsection (3) or subsection (4). However, levies of the tax
680 which were in effect on July 1, 2002, and which expire on August
681 31 of any year may be reimposed at the current authorized rate
682 effective September 1 of the year of expiration. Upon
683 expiration, the tax may be relevied provided that a
684 redetermination of the method of distribution is made as
685 provided in this section.
686 2. County and municipal governments shall utilize moneys
687 received pursuant to this paragraph only for transportation
688 expenditures.
689 3. Any tax levied pursuant to this paragraph may be
690 extended on a majority vote of the governing body of the county.
691 A redetermination of the method of distribution shall be
692 established pursuant to subsection (3) or subsection (4), if,
693 after July 1, 1986, the tax is extended or the tax rate changed,
694 for the period of extension or for the additional tax.
695 (b) In addition to other taxes allowed by law, there may be
696 levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
697 4-cent, or 5-cent local option fuel tax upon every gallon of
698 motor fuel sold in a county and taxed under the provisions of
699 part I of chapter 206. The tax shall be levied by an ordinance
700 adopted by a majority plus one vote of the membership of the
701 governing body of the county or by referendum.
702 1. All impositions and rate changes of the tax shall be
703 levied before October July 1, to be effective January 1 of the
704 following year. However, levies of the tax which were in effect
705 on July 1, 2002, and which expire on August 31 of any year may
706 be reimposed at the current authorized rate effective September
707 1 of the year of expiration.
708 2. The county may, prior to levy of the tax, establish by
709 interlocal agreement with one or more municipalities located
710 therein, representing a majority of the population of the
711 incorporated area within the county, a distribution formula for
712 dividing the entire proceeds of the tax among county government
713 and all eligible municipalities within the county. If no
714 interlocal agreement is adopted before the effective date of the
715 tax, tax revenues shall be distributed pursuant to the
716 provisions of subsection (4). If no interlocal agreement exists,
717 a new interlocal agreement may be established prior to June 1 of
718 any year pursuant to this subparagraph. However, any interlocal
719 agreement agreed to under this subparagraph after the initial
720 levy of the tax or change in the tax rate authorized in this
721 section shall under no circumstances materially or adversely
722 affect the rights of holders of outstanding bonds which are
723 backed by taxes authorized by this paragraph, and the amounts
724 distributed to the county government and each municipality shall
725 not be reduced below the amount necessary for the payment of
726 principal and interest and reserves for principal and interest
727 as required under the covenants of any bond resolution
728 outstanding on the date of establishment of the new interlocal
729 agreement.
730 3. County and municipal governments shall use moneys
731 received pursuant to this paragraph for transportation
732 expenditures needed to meet the requirements of the capital
733 improvements element of an adopted comprehensive plan or for
734 expenditures needed to meet immediate local transportation
735 problems and for other transportation-related expenditures that
736 are critical for building comprehensive roadway networks by
737 local governments. For purposes of this paragraph, expenditures
738 for the construction of new roads, the reconstruction or
739 resurfacing of existing paved roads, or the paving of existing
740 graded roads shall be deemed to increase capacity and such
741 projects shall be included in the capital improvements element
742 of an adopted comprehensive plan. Expenditures for purposes of
743 this paragraph shall not include routine maintenance of roads.
744 Section 10. Subsection (4) of section 337.111, Florida
745 Statutes, is amended to read:
746 337.111 Contracting for monuments and memorials to military
747 veterans at rest areas.—The Department of Transportation is
748 authorized to enter into contract with any not-for-profit group
749 or organization that has been operating for not less than 2
750 years for the installation of monuments and memorials honoring
751 Florida’s military veterans at highway rest areas around the
752 state pursuant to the provisions of this section.
753 (4) The group or organization making the proposal shall
754 provide a 10-year bond, an annual renewable bond, an irrevocable
755 letter of credit, or other form of security as approved by the
756 department’s comptroller, for the purpose of securing the cost
757 of removal of the monument and any modifications made to the
758 site as part of the placement of the monument should the
759 Department of Transportation determine it necessary to remove or
760 relocate the monument. Such removal or relocation shall be
761 approved by the committee described in subsection (1). Prior to
762 expiration, the bond shall be renewed for another 10-year period
763 if the memorial is to remain in place.
764 Section 11. Section 337.403, Florida Statutes, is amended
765 to read:
766 337.403 Relocation of utility; expenses.—
767 (1) When a Any utility heretofore or hereafter placed upon,
768 under, over, or along any public road or publicly owned rail
769 corridor that is found by the authority to be unreasonably
770 interfering in any way with the convenient, safe, or continuous
771 use, or the maintenance, improvement, extension, or expansion,
772 of such public road or publicly owned rail corridor, the utility
773 owner shall, upon 30 days’ written notice to the utility or its
774 agent by the authority, initiate the work necessary to alleviate
775 the interference be removed or relocated by such utility at its
776 own expense except as provided in paragraphs (a)-(f). The work
777 shall be completed within such time as stated in the notice or
778 such time as is agreed to by the authority and the utility
779 owner.
780 (a) If the relocation of utility facilities, as referred to
781 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
782 627 of the 84th Congress, is necessitated by the construction of
783 a project on the federal-aid interstate system, including
784 extensions thereof within urban areas, and the cost of the
785 project is eligible and approved for reimbursement by the
786 Federal Government to the extent of 90 percent or more under the
787 Federal Aid Highway Act, or any amendment thereof, then in that
788 event the utility owning or operating such facilities shall
789 perform any necessary work relocate the facilities upon notice
790 from order of the department, and the state shall pay the entire
791 expense properly attributable to such work relocation after
792 deducting therefrom any increase in the value of any the new
793 facility and any salvage value derived from any the old
794 facility.
795 (b) When a joint agreement between the department and the
796 utility is executed for utility improvement, relocation, or
797 removal work to be accomplished as part of a contract for
798 construction of a transportation facility, the department may
799 participate in those utility work improvement, relocation, or
800 removal costs that exceed the department’s official estimate of
801 the cost of the work by more than 10 percent. The amount of such
802 participation shall be limited to the difference between the
803 official estimate of all the work in the joint agreement plus 10
804 percent and the amount awarded for this work in the construction
805 contract for such work. The department may not participate in
806 any utility work improvement, relocation, or removal costs that
807 occur as a result of changes or additions during the course of
808 the contract.
809 (c) When an agreement between the department and utility is
810 executed for utility improvement, relocation, or removal work to
811 be accomplished in advance of a contract for construction of a
812 transportation facility, the department may participate in the
813 cost of clearing and grubbing necessary to perform such work.
814 (d) If the utility facility involved being removed or
815 relocated was initially installed to exclusively serve the
816 department, its tenants, or both, the department shall bear the
817 costs of the utility removing or relocating that utility
818 facility. However, the department is not responsible for bearing
819 the cost of utility work related to removing or relocating any
820 subsequent additions to that facility for the purpose of serving
821 others.
822 (e) If, under an agreement between a utility and the
823 authority entered into after July 1, 2009, the utility conveys,
824 subordinates, or relinquishes a compensable property right to
825 the authority for the purpose of accommodating the acquisition
826 or use of the right-of-way by the authority, without the
827 agreement expressly addressing future responsibility for the
828 cost of necessary utility work removing or relocating the
829 utility, the authority shall bear the cost of removal or
830 relocation. This paragraph does not impair or restrict, and may
831 not be used to interpret, the terms of any such agreement
832 entered into before July 1, 2009.
833 (f) If the utility is an electric facility being relocated
834 underground in order to enhance vehicular, bicycle, and
835 pedestrian safety and in which ownership of the electric
836 facility to be placed underground has been transferred from a
837 private to a public utility within the past 5 years, the
838 department shall incur all costs of the necessary utility work
839 relocation.
840 (2) If such utility work removal or relocation is
841 incidental to work to be done on such road or publicly owned
842 rail corridor, the notice shall be given at the same time the
843 contract for the work is advertised for bids, or no less than 30
844 days prior to the commencement of such work by the authority
845 whichever is greater.
846 (3) Whenever the notice from an order of the authority
847 requires such utility work removal or change in the location of
848 any utility from the right-of-way of a public road or publicly
849 owned rail corridor, and the owner thereof fails to perform the
850 work remove or change the same at his or her own expense to
851 conform to the order within the time stated in the notice or
852 such other time as agreed to by the authority and the utility
853 owner, the authority shall proceed to cause the utility work to
854 be performed to be removed. The expense thereby incurred shall
855 be paid out of any money available therefor, and such expense
856 shall, except as provided in subsection (1), be charged against
857 the owner and levied and collected and paid into the fund from
858 which the expense of such relocation was paid.
859 Section 12. Subsection (1) of section 337.404, Florida
860 Statutes, is amended to read:
861 337.404 Removal or relocation of utility facilities; notice
862 and order; court review.—
863 (1) Whenever it shall become necessary for the authority to
864 perform utility work remove or relocate any utility as provided
865 in the preceding section, the owner of the utility, or the
866 owner’s chief agent, shall be given notice that the authority
867 will perform of such work removal or relocation and, after the
868 work is complete, shall be given an order requiring the payment
869 of the cost thereof, and a shall be given reasonable time, which
870 shall not be less than 20 nor more than 30 days, in which to
871 appear before the authority to contest the reasonableness of the
872 order. Should the owner or the owner’s representative not
873 appear, the determination of the cost to the owner shall be
874 final. Authorities considered agencies for the purposes of
875 chapter 120 shall adjudicate removal or relocation of utilities
876 pursuant to chapter 120.
877 Section 13. Section 338.001, Florida Statutes, is repealed.
878 Section 14. Present subsections (1) through (6) of section
879 338.01, Florida Statutes, are renumbered as subsections (2)
880 through (7), respectively, and a new subsection (1) is added to
881 that section, to read:
882 338.01 Authority to establish and regulate limited access
883 facilities.—
884 (1) The department is authorized to establish limited
885 access facilities as provided in s. 335.02. The primary function
886 of these limited access facilities is to allow high-speed and
887 high-volume traffic movements within the state. Access to
888 abutting land is subordinate to this function, and such access
889 must be prohibited or highly regulated.
890 Section 15. Subsection (4) of section 338.227, Florida
891 Statutes, is amended to read:
892 338.227 Turnpike revenue bonds.—
893 (4) The Department of Transportation and the Department of
894 Management Services shall create and implement an outreach
895 program designed to enhance the participation of minority
896 persons and minority business enterprises in all contracts
897 entered into by their respective departments for services
898 related to the financing of department projects for the
899 Strategic Intermodal System Plan developed pursuant to s. 339.64
900 Florida Intrastate Highway System Plan. These services shall
901 include, but not be limited to, bond counsel and bond
902 underwriters.
903 Section 16. Subsection (2) of section 338.2275, Florida
904 Statutes, is amended to read:
905 338.2275 Approved turnpike projects.—
906 (2) The department is authorized to use turnpike revenues,
907 the State Transportation Trust Fund moneys allocated for
908 turnpike projects pursuant to s. 339.65 s. 338.001, federal
909 funds, and bond proceeds, and shall use the most cost-efficient
910 combination of such funds, in developing a financial plan for
911 funding turnpike projects. The department must submit a report
912 of the estimated cost for each ongoing turnpike project and for
913 each planned project to the Legislature 14 days before the
914 convening of the regular legislative session. Verification of
915 economic feasibility and statements of environmental feasibility
916 for individual turnpike projects must be based on the entire
917 project as approved. Statements of environmental feasibility are
918 not required for those projects listed in s. 12, chapter 90-136,
919 Laws of Florida, for which the Project Development and
920 Environmental Reports were completed by July 1, 1990. All
921 required environmental permits must be obtained before the
922 department may advertise for bids for contracts for the
923 construction of any turnpike project.
924 Section 17. Section 338.228, Florida Statutes, is amended
925 to read:
926 338.228 Bonds not debts or pledges of credit of state.
927 Turnpike revenue bonds issued under the provisions of ss.
928 338.22-338.241 are not debts of the state or pledges of the
929 faith and credit of the state. Such bonds are payable
930 exclusively from revenues pledged for their payment. All such
931 bonds shall contain a statement on their face that the state is
932 not obligated to pay the same or the interest thereon, except
933 from the revenues pledged for their payment, and that the faith
934 and credit of the state is not pledged to the payment of the
935 principal or interest of such bonds. The issuance of turnpike
936 revenue bonds under the provisions of ss. 338.22-338.241 does
937 not directly, indirectly, or contingently obligate the state to
938 levy or to pledge any form of taxation whatsoever, or to make
939 any appropriation for their payment. Except as provided in ss.
940 338.001, 338.223, and 338.2275, and 339.65, no state funds may
941 not shall be used on any turnpike project or to pay the
942 principal or interest of any bonds issued to finance or
943 refinance any portion of the turnpike system, and all such bonds
944 shall contain a statement on their face to this effect.
945 Section 18. Subsection (2) of section 338.234, Florida
946 Statutes, is amended to read:
947 338.234 Granting concessions or selling along the turnpike
948 system; immunity from taxation.—
949 (2) The effectuation of the authorized purposes of the
950 Strategic Intermodal System, created under ss. 339.61-339.65,
951 Florida Intrastate Highway System and Florida Turnpike
952 Enterprise, created under this chapter, is for the benefit of
953 the people of the state, for the increase of their commerce and
954 prosperity, and for the improvement of their health and living
955 conditions; and, because the system and enterprise perform
956 essential government functions in effectuating such purposes,
957 neither the turnpike enterprise nor any nongovernment lessee or
958 licensee renting, leasing, or licensing real property from the
959 turnpike enterprise, pursuant to an agreement authorized by this
960 section, are required to pay any commercial rental tax imposed
961 under s. 212.031 on any capital improvements constructed,
962 improved, acquired, installed, or used for such purposes.
963 Section 19. Section 339.62, Florida Statutes, is amended to
964 read:
965 339.62 System components.—The Strategic Intermodal System
966 shall consist of appropriate components of:
967 (1) Highway corridors The Florida Intrastate Highway System
968 established under s. 339.65 s. 338.001.
969 (2) The National Highway System.
970 (3) Airport, seaport, and spaceport facilities.
971 (4) Rail lines and rail facilities.
972 (5) Selected intermodal facilities; passenger and freight
973 terminals; and appropriate components of the State Highway
974 System, county road system, city street system, inland
975 waterways, and local public transit systems that serve as
976 existing or planned connectors between the components listed in
977 subsections (1)-(4).
978 (6) Other existing or planned corridors that serve a
979 statewide or interregional purpose.
980 Section 20. Subsection (2) of section 339.63, Florida
981 Statutes, is amended to read:
982 339.63 System facilities designated; additions and
983 deletions.—
984 (2) The Strategic Intermodal System and the Emerging
985 Strategic Intermodal System include four three different types
986 of facilities that each form one component of an interconnected
987 transportation system which types include:
988 (a) Existing or planned hubs that are ports and terminals
989 including airports, seaports, spaceports, passenger terminals,
990 and rail terminals serving to move goods or people between
991 Florida regions or between Florida and other markets in the
992 United States and the rest of the world;
993 (b) Existing or planned corridors that are highways, rail
994 lines, waterways, and other exclusive-use facilities connecting
995 major markets within Florida or between Florida and other states
996 or nations; and
997 (c) Existing or planned intermodal connectors that are
998 highways, rail lines, waterways or local public transit systems
999 serving as connectors between the components listed in
1000 paragraphs (a) and (b); and
1001 (d) Existing or planned military access facilities that are
1002 highways or rail lines linking Strategic Intermodal System
1003 corridors to the state’s strategic military installations.
1004 Section 21. Section 339.64, Florida Statutes, is amended to
1005 read:
1006 339.64 Strategic Intermodal System Plan.—
1007 (1) The department shall develop, in cooperation with
1008 metropolitan planning organizations, regional planning councils,
1009 local governments, the Statewide Intermodal Transportation
1010 Advisory Council and other transportation providers, a Strategic
1011 Intermodal System Plan. The plan shall be consistent with the
1012 Florida Transportation Plan developed pursuant to s. 339.155 and
1013 shall be updated at least once every 5 years, subsequent to
1014 updates of the Florida Transportation Plan.
1015 (2) In association with the continued development of the
1016 Strategic Intermodal System Plan, the Florida Transportation
1017 Commission, as part of its work program review process, shall
1018 conduct an annual assessment of the progress that the department
1019 and its transportation partners have made in realizing the goals
1020 of economic development, improved mobility, and increased
1021 intermodal connectivity of the Strategic Intermodal System. The
1022 Florida Transportation Commission shall coordinate with the
1023 department, the Statewide Intermodal Transportation Advisory
1024 Council, and other appropriate entities when developing this
1025 assessment. The Florida Transportation Commission shall deliver
1026 a report to the Governor and Legislature no later than 14 days
1027 after the regular session begins, with recommendations as
1028 necessary to fully implement the Strategic Intermodal System.
1029 (3)(a) During the development of updates to the Strategic
1030 Intermodal System Plan, the department shall provide
1031 metropolitan planning organizations, regional planning councils,
1032 local governments, transportation providers, affected public
1033 agencies, and citizens with an opportunity to participate in and
1034 comment on the development of the update.
1035 (b) The department also shall coordinate with federal,
1036 regional, and local partners the planning for the Strategic
1037 Highway Network and the Strategic Rail Corridor Network
1038 transportation facilities that either are included in the
1039 Strategic Intermodal System or that provide a direct connection
1040 between military installations and the Strategic Intermodal
1041 System. In addition, the department shall coordinate with
1042 regional and local partners to determine whether the road and
1043 other transportation infrastructure that connect military
1044 installations to the Strategic Intermodal System, the Strategic
1045 Highway Network, or the Strategic Rail Corridor is regionally
1046 significant and should be included in the Strategic Intermodal
1047 System Plan.
1048 (4) The Strategic Intermodal System Plan shall include the
1049 following:
1050 (a) A needs assessment.
1051 (b) A project prioritization process.
1052 (c) A map of facilities designated as Strategic Intermodal
1053 System facilities; facilities that are emerging in importance
1054 and that are likely to become part of the system in the future;
1055 and planned facilities that will meet the established criteria.
1056 (d) A finance plan based on reasonable projections of
1057 anticipated revenues, including both 10-year and at least 20
1058 year cost-feasible components.
1059 (e) An assessment of the impacts of proposed improvements
1060 to Strategic Intermodal System corridors on military
1061 installations that are either located directly on the Strategic
1062 Intermodal System or located on the Strategic Highway Network or
1063 Strategic Rail Corridor Network.
1064 (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
1065 (a) The Statewide Intermodal Transportation Advisory
1066 Council is created to advise and make recommendations to the
1067 Legislature and the department on policies, planning, and
1068 funding of intermodal transportation projects. The council’s
1069 responsibilities shall include:
1070 1. Advising the department on the policies, planning, and
1071 implementation of strategies related to intermodal
1072 transportation.
1073 2. Providing advice and recommendations to the Legislature
1074 on funding for projects to move goods and people in the most
1075 efficient and effective manner for the State of Florida.
1076 (b) MEMBERSHIP.—Members of the Statewide Intermodal
1077 Transportation Advisory Council shall consist of the following:
1078 1. Six intermodal industry representatives selected by the
1079 Governor as follows:
1080 a. One representative from an airport involved in the
1081 movement of freight and people from their airport facility to
1082 another transportation mode.
1083 b. One individual representing a fixed-route, local
1084 government transit system.
1085 c. One representative from an intercity bus company
1086 providing regularly scheduled bus travel as determined by
1087 federal regulations.
1088 d. One representative from a spaceport.
1089 e. One representative from intermodal trucking companies.
1090 f. One representative having command responsibilities of a
1091 major military installation.
1092 2. Three intermodal industry representatives selected by
1093 the President of the Senate as follows:
1094 a. One representative from major-line railroads.
1095 b. One representative from seaports listed in s. 311.09(1)
1096 from the Atlantic Coast.
1097 c. One representative from an airport involved in the
1098 movement of freight and people from their airport facility to
1099 another transportation mode.
1100 3. Three intermodal industry representatives selected by
1101 the Speaker of the House of Representatives as follows:
1102 a. One representative from short-line railroads.
1103 b. One representative from seaports listed in s. 311.09(1)
1104 from the Gulf Coast.
1105 c. One representative from intermodal trucking companies.
1106 In no event may this representative be employed by the same
1107 company that employs the intermodal trucking company
1108 representative selected by the Governor.
1109 (c) Initial appointments to the council must be made no
1110 later than 30 days after the effective date of this section.
1111 1. The initial appointments made by the President of the
1112 Senate and the Speaker of the House of Representatives shall
1113 serve terms concurrent with those of the respective appointing
1114 officer. Beginning January 15, 2005, and for all subsequent
1115 appointments, council members appointed by the President of the
1116 Senate and the Speaker of the House of Representatives shall
1117 serve 2-year terms, concurrent with the term of the respective
1118 appointing officer.
1119 2. The initial appointees, and all subsequent appointees,
1120 made by the Governor shall serve 2-year terms.
1121 3. Vacancies on the council shall be filled in the same
1122 manner as the initial appointments.
1123 (d) Each member of the council shall be allowed one vote.
1124 The council shall select a chair from among its membership.
1125 Meetings shall be held at the call of the chair, but not less
1126 frequently than quarterly. The members of the council shall be
1127 reimbursed for per diem and travel expenses as provided in s.
1128 112.061.
1129 (e) The department shall provide administrative staff
1130 support and shall ensure that council meetings are
1131 electronically recorded. Such recordings and all documents
1132 received, prepared for, or used by the council in conducting its
1133 business shall be preserved pursuant to chapters 119 and 257.
1134 Section 22. Section 339.65, Florida Statutes, is created to
1135 read:
1136 339.65 Strategic Intermodal System highway corridors.—
1137 (1) The department shall plan and develop Strategic
1138 Intermodal System highway corridors, including limited and
1139 controlled access facilities, allowing for high-speed and high
1140 volume traffic movements within the state. The primary function
1141 of these corridors is to provide for such traffic movements.
1142 Access to abutting land is subordinate to this function, and
1143 such access must be prohibited or highly regulated.
1144 (2) Strategic Intermodal System highway corridors shall
1145 include facilities from the following components of the State
1146 Highway System which meet the criteria adopted by the department
1147 pursuant to s. 339.63:
1148 (a) Interstate highways.
1149 (b) The Florida Turnpike System.
1150 (c) Interregional and intercity limited access facilities.
1151 (d) Existing interregional and intercity arterial highways
1152 previously upgraded or upgraded in the future to limited access
1153 or controlled access facility standards.
1154 (e) New limited access facilities necessary to complete a
1155 balanced statewide system.
1156 (3) The department shall adhere to the following policy
1157 guidelines in the development of Strategic Intermodal System
1158 highway corridors:
1159 (a) Make capacity improvements to existing facilities where
1160 feasible to minimize costs and environmental impacts.
1161 (b) Identify appropriate arterial highways in major
1162 transportation corridors for inclusion in a program to bring
1163 these facilities up to limited access or controlled access
1164 facility standards.
1165 (c) Coordinate proposed projects with appropriate limited
1166 access projects undertaken by expressway authorities and local
1167 governmental entities.
1168 (d) Maximize the use of limited access facility standards
1169 when constructing new arterial highways.
1170 (e) Identify appropriate new limited access highways for
1171 inclusion as a part of the Florida Turnpike System.
1172 (f) To the maximum extent feasible, ensure that proposed
1173 projects are consistent with approved local government
1174 comprehensive plans of the local jurisdictions in which such
1175 facilities are to be located and with the transportation
1176 improvement program of any metropolitan planning organization in
1177 which such facilities are to be located.
1178 (4) The department shall develop and maintain a plan of
1179 Strategic Intermodal System highway corridor projects that are
1180 anticipated to be let to contract for construction within a time
1181 period of at least 20 years. The plan shall also identify when
1182 segments of the corridor will meet the standards and criteria
1183 developed pursuant to subsection (5).
1184 (5) The department shall establish the standards and
1185 criteria for the functional characteristics and design of
1186 facilities proposed as part of Strategic Intermodal System
1187 highway corridors.
1188 (6) For the purposes of developing the proposed Strategic
1189 Intermodal System highway corridors, the minimum amount
1190 allocated each fiscal year shall be based on the 2003-2004
1191 fiscal year allocation of $450 million, adjusted annually by the
1192 change in the Consumer Price Index for the prior fiscal year
1193 compared to the Consumer Price Index for the 2003-2004 fiscal
1194 year.
1195 (7) Any project to be constructed as part of a Strategic
1196 Intermodal System highway corridor shall be included in the
1197 department’s adopted work program. Any Strategic Intermodal
1198 System highway corridor projects that are added to or deleted
1199 from the previous adopted work program, or any modification to
1200 Strategic Intermodal System highway corridor projects contained
1201 in the previous adopted work program, shall be specifically
1202 identified and submitted as a separate part of the tentative
1203 work program.
1204 Section 23. Section 339.155, Florida Statutes, is amended
1205 to read:
1206 339.155 Transportation planning.—
1207 (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
1208 develop and annually update a statewide transportation plan, to
1209 be known as the Florida Transportation Plan. The plan shall be
1210 designed so as to be easily read and understood by the general
1211 public. The purpose of the Florida Transportation Plan is to
1212 establish and define the state’s long-range transportation goals
1213 and objectives to be accomplished over a period of at least 20
1214 years within the context of the State Comprehensive Plan, and
1215 any other statutory mandates and authorizations and based upon
1216 the prevailing principles of: preserving the existing
1217 transportation infrastructure; enhancing Florida’s economic
1218 competitiveness; and improving travel choices to ensure
1219 mobility. The Florida Transportation Plan shall consider the
1220 needs of the entire state transportation system and examine the
1221 use of all modes of transportation to effectively and
1222 efficiently meet such needs.
1223 (2) SCOPE OF PLANNING PROCESS.—The department shall carry
1224 out a transportation planning process in conformance with s.
1225 334.046(1) and 23 U.S.C. s. 135 which provides for consideration
1226 of projects and strategies that will:
1227 (a) Support the economic vitality of the United States,
1228 Florida, and the metropolitan areas, especially by enabling
1229 global competitiveness, productivity, and efficiency;
1230 (b) Increase the safety and security of the transportation
1231 system for motorized and nonmotorized users;
1232 (c) Increase the accessibility and mobility options
1233 available to people and for freight;
1234 (d) Protect and enhance the environment, promote energy
1235 conservation, and improve quality of life;
1236 (e) Enhance the integration and connectivity of the
1237 transportation system, across and between modes throughout
1238 Florida, for people and freight;
1239 (f) Promote efficient system management and operation; and
1240 (g) Emphasize the preservation of the existing
1241 transportation system.
1242 (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
1243 Transportation Plan shall be a unified, concise planning
1244 document that clearly defines the state’s long-range
1245 transportation goals and objectives and documents the
1246 department’s short-range objectives developed to further such
1247 goals and objectives. The plan shall:
1248 (a) Include a glossary that clearly and succinctly defines
1249 any and all phrases, words, or terms of art included in the
1250 plan, with which the general public may be unfamiliar. and shall
1251 consist of, at a minimum, the following components:
1252 (b)(a) Document A long-range component documenting the
1253 goals and long-term objectives necessary to implement the
1254 results of the department consistent with department’s findings
1255 from its examination of the criteria listed in subsection (2)
1256 and s. 334.046(1) and s. 23 U.S.C. s. 135. The long-range
1257 component must
1258 (c) Be developed in cooperation with the metropolitan
1259 planning organizations and reconciled, to the maximum extent
1260 feasible, with the long-range plans developed by metropolitan
1261 planning organizations pursuant to s. 339.175. The plan must
1262 also
1263 (d) Be developed in consultation with affected local
1264 officials in nonmetropolitan areas and with any affected Indian
1265 tribal governments. The plan must provide
1266 (e) Provide an examination of transportation issues likely
1267 to arise during at least a 20-year period. The long-range
1268 component shall
1269 (f) Be updated at least once every 5 years, or more often
1270 as necessary, to reflect substantive changes to federal or state
1271 law.
1272 (b) A short-range component documenting the short-term
1273 objectives and strategies necessary to implement the goals and
1274 long-term objectives contained in the long-range component. The
1275 short-range component must define the relationship between the
1276 long-range goals and the short-range objectives, specify those
1277 objectives against which the department’s achievement of such
1278 goals will be measured, and identify transportation strategies
1279 necessary to efficiently achieve the goals and objectives in the
1280 plan. It must provide a policy framework within which the
1281 department’s legislative budget request, the strategic
1282 information resource management plan, and the work program are
1283 developed. The short-range component shall serve as the
1284 department’s annual agency strategic plan pursuant to s.
1285 186.021. The short-range component shall be developed consistent
1286 with available and forecasted state and federal funds. The
1287 short-range component shall also be submitted to the Florida
1288 Transportation Commission.
1289 (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
1290 an annual performance report evaluating the operation of the
1291 department for the preceding fiscal year. The report shall also
1292 include a summary of the financial operations of the department
1293 and shall annually evaluate how well the adopted work program
1294 meets the short-term objectives contained in the short-range
1295 component of the Florida Transportation Plan. This performance
1296 report shall be submitted to the Florida Transportation
1297 Commission and the legislative appropriations and transportation
1298 committees.
1299 (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
1300 (a) Upon request by local governmental entities, the
1301 department may in its discretion develop and design
1302 transportation corridors, arterial and collector streets,
1303 vehicular parking areas, and other support facilities which are
1304 consistent with the plans of the department for major
1305 transportation facilities. The department may render to local
1306 governmental entities or their planning agencies such technical
1307 assistance and services as are necessary so that local plans and
1308 facilities are coordinated with the plans and facilities of the
1309 department.
1310 (b) Each regional planning council, as provided for in s.
1311 186.504, or any successor agency thereto, shall develop, as an
1312 element of its strategic regional policy plan, transportation
1313 goals and policies. The transportation goals and policies must
1314 be prioritized to comply with the prevailing principles provided
1315 in subsection (2) and s. 334.046(1). The transportation goals
1316 and policies shall be consistent, to the maximum extent
1317 feasible, with the goals and policies of the metropolitan
1318 planning organization and the Florida Transportation Plan. The
1319 transportation goals and policies of the regional planning
1320 council will be advisory only and shall be submitted to the
1321 department and any affected metropolitan planning organization
1322 for their consideration and comments. Metropolitan planning
1323 organization plans and other local transportation plans shall be
1324 developed consistent, to the maximum extent feasible, with the
1325 regional transportation goals and policies. The regional
1326 planning council shall review urbanized area transportation
1327 plans and any other planning products stipulated in s. 339.175
1328 and provide the department and respective metropolitan planning
1329 organizations with written recommendations which the department
1330 and the metropolitan planning organizations shall take under
1331 advisement. Further, the regional planning councils shall
1332 directly assist local governments which are not part of a
1333 metropolitan area transportation planning process in the
1334 development of the transportation element of their comprehensive
1335 plans as required by s. 163.3177.
1336 (c) Regional transportation plans may be developed in
1337 regional transportation areas in accordance with an interlocal
1338 agreement entered into pursuant to s. 163.01 by two or more
1339 contiguous metropolitan planning organizations; one or more
1340 metropolitan planning organizations and one or more contiguous
1341 counties, none of which is a member of a metropolitan planning
1342 organization; a multicounty regional transportation authority
1343 created by or pursuant to law; two or more contiguous counties
1344 that are not members of a metropolitan planning organization; or
1345 metropolitan planning organizations comprised of three or more
1346 counties.
1347 (d) The interlocal agreement must, at a minimum, identify
1348 the entity that will coordinate the development of the regional
1349 transportation plan; delineate the boundaries of the regional
1350 transportation area; provide the duration of the agreement and
1351 specify how the agreement may be terminated, modified, or
1352 rescinded; describe the process by which the regional
1353 transportation plan will be developed; and provide how members
1354 of the entity will resolve disagreements regarding
1355 interpretation of the interlocal agreement or disputes relating
1356 to the development or content of the regional transportation
1357 plan. Such interlocal agreement shall become effective upon its
1358 recordation in the official public records of each county in the
1359 regional transportation area.
1360 (e) The regional transportation plan developed pursuant to
1361 this section must, at a minimum, identify regionally significant
1362 transportation facilities located within a regional
1363 transportation area and contain a prioritized list of regionally
1364 significant projects. The level-of-service standards for
1365 facilities to be funded under this subsection shall be adopted
1366 by the appropriate local government in accordance with s.
1367 163.3180(10). The projects shall be adopted into the capital
1368 improvements schedule of the local government comprehensive plan
1369 pursuant to s. 163.3177(3).
1370 (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
1371 TRANSPORTATION PLANNING.—
1372 (a) During the development of the long-range component of
1373 the Florida Transportation Plan and prior to substantive
1374 revisions, the department shall provide citizens, affected
1375 public agencies, representatives of transportation agency
1376 employees, other affected employee representatives, private
1377 providers of transportation, and other known interested parties
1378 with an opportunity to comment on the proposed plan or
1379 revisions. These opportunities shall include, at a minimum,
1380 publishing a notice in the Florida Administrative Weekly and
1381 within a newspaper of general circulation within the area of
1382 each department district office.
1383 (b) During development of major transportation
1384 improvements, such as those increasing the capacity of a
1385 facility through the addition of new lanes or providing new
1386 access to a limited or controlled access facility or
1387 construction of a facility in a new location, the department
1388 shall hold one or more hearings prior to the selection of the
1389 facility to be provided; prior to the selection of the site or
1390 corridor of the proposed facility; and prior to the selection of
1391 and commitment to a specific design proposal for the proposed
1392 facility. Such public hearings shall be conducted so as to
1393 provide an opportunity for effective participation by interested
1394 persons in the process of transportation planning and site and
1395 route selection and in the specific location and design of
1396 transportation facilities. The various factors involved in the
1397 decision or decisions and any alternative proposals shall be
1398 clearly presented so that the persons attending the hearing may
1399 present their views relating to the decision or decisions which
1400 will be made.
1401 (c) Opportunity for design hearings:
1402 1. The department, prior to holding a design hearing, shall
1403 duly notify all affected property owners of record, as recorded
1404 in the property appraiser’s office, by mail at least 20 days
1405 prior to the date set for the hearing. The affected property
1406 owners shall be:
1407 a. Those whose property lies in whole or in part within 300
1408 feet on either side of the centerline of the proposed facility.
1409 b. Those whom the department determines will be
1410 substantially affected environmentally, economically, socially,
1411 or safetywise.
1412 2. For each subsequent hearing, the department shall
1413 publish notice prior to the hearing date in a newspaper of
1414 general circulation for the area affected. These notices must be
1415 published twice, with the first notice appearing at least 15
1416 days, but no later than 30 days, before the hearing.
1417 3. A copy of the notice of opportunity for the hearing must
1418 be furnished to the United States Department of Transportation
1419 and to the appropriate departments of the state government at
1420 the time of publication.
1421 4. The opportunity for another hearing shall be afforded in
1422 any case when proposed locations or designs are so changed from
1423 those presented in the notices specified above or at a hearing
1424 as to have a substantially different social, economic, or
1425 environmental effect.
1426 5. The opportunity for a hearing shall be afforded in each
1427 case in which the department is in doubt as to whether a hearing
1428 is required.
1429 Section 24. Section 341.840, Florida Statutes, is amended
1430 to read:
1431 341.840 Tax exemption.—
1432 (1) The exercise of the powers granted by this act will be
1433 in all respects for the benefit of the people of this state, for
1434 the increase of their commerce, welfare, and prosperity, and for
1435 the improvement of their health and living conditions. The
1436 design, construction, operation, maintenance, and financing of a
1437 high-speed rail system by the enterprise authority, its agent,
1438 or the owner or lessee thereof, as herein authorized,
1439 constitutes the performance of an essential public function.
1440 (2)(a) For the purposes of this section, the term
1441 “enterprise” “authority” does not include agents of the
1442 enterprise authority other than contractors who qualify as such
1443 pursuant to subsection (7).
1444 (b) For the purposes of this section, any item or property
1445 that is within the definition of “associated development” in s.
1446 341.8203(1) is shall not be considered to be part of the high
1447 speed rail system as defined in s. 341.8203(6).
1448 (3)(a) Purchases or leases of tangible personal property or
1449 real property by the enterprise authority, excluding agents of
1450 the enterprise authority, are exempt from taxes imposed by
1451 chapter 212 as provided in s. 212.08(6). Purchases or leases of
1452 tangible personal property that is incorporated into the high
1453 speed rail system as a component part thereof, as determined by
1454 the enterprise authority, by agents of the enterprise authority
1455 or the owner of the high-speed rail system are exempt from sales
1456 or use taxes imposed by chapter 212. Leases, rentals, or
1457 licenses to use real property granted to agents of the
1458 enterprise authority or the owner of the high-speed rail system
1459 are exempt from taxes imposed by s. 212.031 if the real property
1460 becomes part of such system. The exemptions granted in this
1461 subsection do not apply to sales, leases, or licenses by the
1462 enterprise authority, agents of the enterprise authority, or the
1463 owner of the high-speed rail system.
1464 (b) The exemption granted in paragraph (a) to purchases or
1465 leases of tangible personal property by agents of the enterprise
1466 authority or by the owner of the high-speed rail system applies
1467 only to property that becomes a component part of such system.
1468 It does not apply to items, including, but not limited to,
1469 cranes, bulldozers, forklifts, other machinery and equipment,
1470 tools and supplies, or other items of tangible personal property
1471 used in the construction, operation, or maintenance of the high
1472 speed rail system when such items are not incorporated into the
1473 high-speed rail system as a component part thereof.
1474 (4) Any bonds or other security, and all notes, mortgages,
1475 security agreements, letters of credit, or other instruments
1476 that arise out of or are given to secure the repayment of bonds
1477 or other security, issued by the enterprise authority, or on
1478 behalf of the enterprise authority, their transfer, and the
1479 income therefrom, including any profit made on the sale thereof,
1480 shall at all times be free from taxation of every kind by the
1481 state, the counties, and the municipalities and other political
1482 subdivisions in the state. This subsection, however, does not
1483 exempt from taxation or assessment the leasehold interest of a
1484 lessee in any project or any other property or interest owned by
1485 the lessee. The exemption granted by this subsection is not
1486 applicable to any tax imposed by chapter 220 on interest income
1487 or profits on the sale of debt obligations owned by
1488 corporations.
1489 (5) When property of the enterprise authority is leased to
1490 another person or entity, the property shall be exempt from ad
1491 valorem taxation only if the use by the lessee qualifies the
1492 property for exemption under s. 196.199.
1493 (6) A leasehold interest held by the enterprise authority
1494 is not subject to intangible tax. However, if a leasehold
1495 interest held by the enterprise authority is subleased to a
1496 nongovernmental lessee, such subleasehold interest shall be
1497 deemed to be an interest described in s. 199.023(1)(d), Florida
1498 Statutes 2005, and is subject to the intangible tax.
1499 (7)(a) In order to be considered an agent of the enterprise
1500 authority for purposes of the exemption from sales and use tax
1501 granted by subsection (3) for tangible personal property
1502 incorporated into the high-speed rail system, a contractor of
1503 the enterprise authority that purchases or fabricates such
1504 tangible personal property must be certified by the authority as
1505 provided in this subsection.
1506 (b)1. A contractor must apply for a renewal of the
1507 exemption not later than December 1 of each calendar year.
1508 2. A contractor must apply to the enterprise authority on
1509 the application form adopted by the enterprise authority, which
1510 shall develop the form in consultation with the Department of
1511 Revenue.
1512 3. The enterprise authority shall review each submitted
1513 application and determine whether it is complete. The enterprise
1514 authority shall notify the applicant of any deficiencies in the
1515 application within 30 days. Upon receipt of a completed
1516 application, the enterprise authority shall evaluate the
1517 application for exemption under this subsection and issue a
1518 certification that the contractor is qualified to act as an
1519 agent of the enterprise authority for purposes of this section
1520 or a denial of such certification within 30 days. The enterprise
1521 authority shall provide the Department of Revenue with a copy of
1522 each certification issued upon approval of an application. Upon
1523 receipt of a certification from the authority, the Department of
1524 Revenue shall issue an exemption permit to the contractor.
1525 (c)1. The contractor may extend a copy of its exemption
1526 permit to its vendors in lieu of paying sales tax on purchases
1527 of tangible personal property qualifying for exemption under
1528 this section. Possession of a copy of the exemption permit
1529 relieves the seller of the responsibility of collecting tax on
1530 the sale, and the Department of Revenue shall look solely to the
1531 contractor for recovery of tax upon a determination that the
1532 contractor was not entitled to the exemption.
1533 2. The contractor may extend a copy of its exemption permit
1534 to real property subcontractors supplying and installing
1535 tangible personal property that is exempt under subsection (3).
1536 Any such subcontractor is authorized to extend a copy of the
1537 permit to the subcontractor’s vendors in order to purchase
1538 qualifying tangible personal property tax-exempt. If the
1539 subcontractor uses the exemption permit to purchase tangible
1540 personal property that is determined not to qualify for
1541 exemption under subsection (3), the Department of Revenue may
1542 assess and collect any tax, penalties, and interest that are due
1543 from either the contractor holding the exemption permit or the
1544 subcontractor that extended the exemption permit to the seller.
1545 (d) Any contractor authorized to act as an agent of the
1546 enterprise authority under this section shall maintain the
1547 necessary books and records to document the exempt status of
1548 purchases and fabrication costs made or incurred under the
1549 permit. In addition, an authorized contractor extending its
1550 exemption permit to its subcontractors shall maintain a copy of
1551 the subcontractor’s books, records, and invoices indicating all
1552 purchases made by the subcontractor under the authorized
1553 contractor’s permit. If, in an audit conducted by the Department
1554 of Revenue, it is determined that tangible personal property
1555 purchased or fabricated claiming exemption under this section
1556 does not meet the criteria for exemption, the amount of taxes
1557 not paid at the time of purchase or fabrication shall be
1558 immediately due and payable to the Department of Revenue,
1559 together with the appropriate interest and penalty, computed
1560 from the date of purchase, in the manner prescribed by chapter
1561 212.
1562 (e) If a contractor fails to apply for a high-speed rail
1563 system exemption permit, or if a contractor initially determined
1564 by the enterprise authority to not qualify for exemption is
1565 subsequently determined to be eligible, the contractor shall
1566 receive the benefit of the exemption in this subsection through
1567 a refund of previously paid taxes for transactions that
1568 otherwise would have been exempt. A refund may not be made for
1569 such taxes without the issuance of a certification by the
1570 enterprise authority that the contractor was authorized to make
1571 purchases tax-exempt and a determination by the Department of
1572 Revenue that the purchases qualified for the exemption.
1573 (f) The enterprise authority may adopt rules governing the
1574 application process for exemption of a contractor as an
1575 authorized agent of the enterprise authority.
1576 (g) The Department of Revenue may adopt rules governing the
1577 issuance and form of high-speed rail system exemption permits,
1578 the audit of contractors and subcontractors using such permits,
1579 the recapture of taxes on nonqualified purchases, and the manner
1580 and form of refund applications.
1581 Section 25. Paragraph (a) of subsection (12) of section
1582 163.3180, Florida Statutes, is amended to read:
1583 163.3180 Concurrency.—
1584 (12)(a) A development of regional impact may satisfy the
1585 transportation concurrency requirements of the local
1586 comprehensive plan, the local government’s concurrency
1587 management system, and s. 380.06 by payment of a proportionate
1588 share contribution for local and regionally significant traffic
1589 impacts, if:
1590 1. The development of regional impact which, based on its
1591 location or mix of land uses, is designed to encourage
1592 pedestrian or other nonautomotive modes of transportation;
1593 2. The proportionate-share contribution for local and
1594 regionally significant traffic impacts is sufficient to pay for
1595 one or more required mobility improvements that will benefit a
1596 regionally significant transportation facility;
1597 3. The owner and developer of the development of regional
1598 impact pays or assures payment of the proportionate-share
1599 contribution; and
1600 4. If the regionally significant transportation facility to
1601 be constructed or improved is under the maintenance authority of
1602 a governmental entity, as defined by s. 334.03(9) s. 334.03(12),
1603 other than the local government with jurisdiction over the
1604 development of regional impact, the developer is required to
1605 enter into a binding and legally enforceable commitment to
1606 transfer funds to the governmental entity having maintenance
1607 authority or to otherwise assure construction or improvement of
1608 the facility.
1609
1610 The proportionate-share contribution may be applied to any
1611 transportation facility to satisfy the provisions of this
1612 subsection and the local comprehensive plan, but, for the
1613 purposes of this subsection, the amount of the proportionate
1614 share contribution shall be calculated based upon the cumulative
1615 number of trips from the proposed development expected to reach
1616 roadways during the peak hour from the complete buildout of a
1617 stage or phase being approved, divided by the change in the peak
1618 hour maximum service volume of roadways resulting from
1619 construction of an improvement necessary to maintain the adopted
1620 level of service, multiplied by the construction cost, at the
1621 time of developer payment, of the improvement necessary to
1622 maintain the adopted level of service. For purposes of this
1623 subsection, “construction cost” includes all associated costs of
1624 the improvement. Proportionate-share mitigation shall be limited
1625 to ensure that a development of regional impact meeting the
1626 requirements of this subsection mitigates its impact on the
1627 transportation system but is not responsible for the additional
1628 cost of reducing or eliminating backlogs. This subsection also
1629 applies to Florida Quality Developments pursuant to s. 380.061
1630 and to detailed specific area plans implementing optional sector
1631 plans pursuant to s. 163.3245.
1632 Section 26. Subsection (3) of section 288.063, Florida
1633 Statutes, is amended to read:
1634 288.063 Contracts for transportation projects.—
1635 (3) With respect to any contract executed pursuant to this
1636 section, the term “transportation project” means a
1637 transportation facility as defined in s. 334.03(27) s.
1638 334.03(31) which is necessary in the judgment of the Office of
1639 Tourism, Trade, and Economic Development to facilitate the
1640 economic development and growth of the state. Except for
1641 applications received prior to July 1, 1996, such transportation
1642 projects shall be approved only as a consideration to attract
1643 new employment opportunities to the state or expand or retain
1644 employment in existing companies operating within the state, or
1645 to allow for the construction or expansion of a state or federal
1646 correctional facility in a county with a population of 75,000 or
1647 less that creates new employment opportunities or expands or
1648 retains employment in the county. The Office of Tourism, Trade,
1649 and Economic Development shall institute procedures to ensure
1650 that small and minority businesses have equal access to funding
1651 provided under this section. Funding for approved transportation
1652 projects may include any expenses, other than administrative
1653 costs and equipment purchases specified in the contract,
1654 necessary for new, or improvement to existing, transportation
1655 facilities. Funds made available pursuant to this section may
1656 not be expended in connection with the relocation of a business
1657 from one community to another community in this state unless the
1658 Office of Tourism, Trade, and Economic Development determines
1659 that without such relocation the business will move outside this
1660 state or determines that the business has a compelling economic
1661 rationale for the relocation which creates additional jobs.
1662 Subject to appropriation for projects under this section, any
1663 appropriation greater than $10 million shall be allocated to
1664 each of the districts of the Department of Transportation to
1665 ensure equitable geographical distribution. Such allocated funds
1666 that remain uncommitted by the third quarter of the fiscal year
1667 shall be reallocated among the districts based on pending
1668 project requests.
1669 Section 27. Paragraph (b) of subsection (3) of section
1670 311.07, Florida Statutes, is amended to read:
1671 311.07 Florida seaport transportation and economic
1672 development funding.—
1673 (3)
1674 (b) Projects eligible for funding by grants under the
1675 program are limited to the following port facilities or port
1676 transportation projects:
1677 1. Transportation facilities within the jurisdiction of the
1678 port.
1679 2. The dredging or deepening of channels, turning basins,
1680 or harbors.
1681 3. The construction or rehabilitation of wharves, docks,
1682 structures, jetties, piers, storage facilities, cruise
1683 terminals, automated people mover systems, or any facilities
1684 necessary or useful in connection with any of the foregoing.
1685 4. The acquisition of vessel tracking systems, container
1686 cranes, or other mechanized equipment used in the movement of
1687 cargo or passengers in international commerce.
1688 5. The acquisition of land to be used for port purposes.
1689 6. The acquisition, improvement, enlargement, or extension
1690 of existing port facilities.
1691 7. Environmental protection projects which are necessary
1692 because of requirements imposed by a state agency as a condition
1693 of a permit or other form of state approval; which are necessary
1694 for environmental mitigation required as a condition of a state,
1695 federal, or local environmental permit; which are necessary for
1696 the acquisition of spoil disposal sites and improvements to
1697 existing and future spoil sites; or which result from the
1698 funding of eligible projects listed in this paragraph.
1699 8. Transportation facilities as defined in s. 334.03(27) s.
1700 334.03(31) which are not otherwise part of the Department of
1701 Transportation’s adopted work program.
1702 9. Seaport intermodal access projects identified in the 5
1703 year Florida Seaport Mission Plan as provided in s. 311.09(3).
1704 10. Construction or rehabilitation of port facilities as
1705 defined in s. 315.02, excluding any park or recreational
1706 facilities, in ports listed in s. 311.09(1) with operating
1707 revenues of $5 million or less, provided that such projects
1708 create economic development opportunities, capital improvements,
1709 and positive financial returns to such ports.
1710 Section 28. Subsection (7) of section 311.09, Florida
1711 Statutes, is amended to read:
1712 311.09 Florida Seaport Transportation and Economic
1713 Development Council.—
1714 (7) The Department of Transportation shall review the list
1715 of projects approved by the council for consistency with the
1716 Florida Transportation Plan and the department’s adopted work
1717 program. In evaluating the consistency of a project, the
1718 department shall determine whether the transportation impact of
1719 the proposed project is adequately handled by existing state
1720 owned transportation facilities or by the construction of
1721 additional state-owned transportation facilities as identified
1722 in the Florida Transportation Plan and the department’s adopted
1723 work program. In reviewing for consistency a transportation
1724 facility project as defined in s. 334.03(27) s. 334.03(31) which
1725 is not otherwise part of the department’s work program, the
1726 department shall evaluate whether the project is needed to
1727 provide for projected movement of cargo or passengers from the
1728 port to a state transportation facility or local road. If the
1729 project is needed to provide for projected movement of cargo or
1730 passengers, the project shall be approved for consistency as a
1731 consideration to facilitate the economic development and growth
1732 of the state in a timely manner. The Department of
1733 Transportation shall identify those projects which are
1734 inconsistent with the Florida Transportation Plan and the
1735 adopted work program and shall notify the council of projects
1736 found to be inconsistent.
1737 Section 29. Section 316.2122, Florida Statutes, is amended
1738 to read:
1739 316.2122 Operation of a low-speed vehicle or mini truck on
1740 certain roadways.—The operation of a low-speed vehicle as
1741 defined in s. 320.01(42) or a mini truck as defined in s.
1742 320.01(45) on any road as defined in s. 334.03(15) or (33) is
1743 authorized with the following restrictions:
1744 (1) A low-speed vehicle or mini truck may be operated only
1745 on streets where the posted speed limit is 35 miles per hour or
1746 less. This does not prohibit a low-speed vehicle or mini truck
1747 from crossing a road or street at an intersection where the road
1748 or street has a posted speed limit of more than 35 miles per
1749 hour.
1750 (2) A low-speed vehicle must be equipped with headlamps,
1751 stop lamps, turn signal lamps, taillamps, reflex reflectors,
1752 parking brakes, rearview mirrors, windshields, seat belts, and
1753 vehicle identification numbers.
1754 (3) A low-speed vehicle or mini truck must be registered
1755 and insured in accordance with s. 320.02 and titled pursuant to
1756 chapter 319.
1757 (4) Any person operating a low-speed vehicle or mini truck
1758 must have in his or her possession a valid driver’s license.
1759 (5) A county or municipality may prohibit the operation of
1760 low-speed vehicles or mini trucks on any road under its
1761 jurisdiction if the governing body of the county or municipality
1762 determines that such prohibition is necessary in the interest of
1763 safety.
1764 (6) The Department of Transportation may prohibit the
1765 operation of low-speed vehicles or mini trucks on any road under
1766 its jurisdiction if it determines that such prohibition is
1767 necessary in the interest of safety.
1768 Section 30. Paragraph (c) of subsection (5) of section
1769 316.515, Florida Statutes, is amended to read:
1770 316.515 Maximum width, height, length.—
1771 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1772 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
1773 (c) The width and height limitations of this section do not
1774 apply to farming or agricultural equipment, whether self
1775 propelled, pulled, or hauled, when temporarily operated during
1776 daylight hours upon a public road that is not a limited access
1777 facility as defined in s. 334.03(10) s. 334.03(13), and the
1778 width and height limitations may be exceeded by such equipment
1779 without a permit. To be eligible for this exemption, the
1780 equipment shall be operated within a radius of 50 miles of the
1781 real property owned, rented, or leased by the equipment owner.
1782 However, equipment being delivered by a dealer to a purchaser is
1783 not subject to the 50-mile limitation. Farming or agricultural
1784 equipment greater than 174 inches in width must have one warning
1785 lamp mounted on each side of the equipment to denote the width
1786 and must have a slow-moving vehicle sign. Warning lamps required
1787 by this paragraph must be visible from the front and rear of the
1788 vehicle and must be visible from a distance of at least 1,000
1789 feet.
1790 Section 31. Section 336.01, Florida Statutes, is amended to
1791 read:
1792 336.01 Designation of county road system.—The county road
1793 system shall be as defined in s. 334.03(6) s. 334.03(8).
1794 Section 32. Section 338.222, Florida Statutes, is amended
1795 to read:
1796 338.222 Department of Transportation sole governmental
1797 entity to acquire, construct, or operate turnpike projects;
1798 exception.—
1799 (1) No governmental entity other than the department may
1800 acquire, construct, maintain, or operate the turnpike system
1801 subsequent to the enactment of this law, except upon specific
1802 authorization of the Legislature.
1803 (2) The department may contract with any local governmental
1804 entity as defined in s. 334.03(11) s. 334.03(14) for the design,
1805 right-of-way acquisition, or construction of any turnpike
1806 project which the Legislature has approved. Local governmental
1807 entities may negotiate with the department for the design,
1808 right-of-way acquisition, and construction of any section of the
1809 turnpike project within areas of their respective jurisdictions
1810 or within counties with which they have interlocal agreements.
1811 Section 33. Section 341.8225, Florida Statutes, is amended
1812 to read:
1813 341.8225 Department of Transportation sole governmental
1814 entity to acquire, construct, or operate high-speed rail
1815 projects; exception.—
1816 (1) No governmental entity other than the department may
1817 acquire, construct, maintain, or operate the high-speed rail
1818 system except upon specific authorization of the Legislature.
1819 (2) Local governmental entities, as defined in s.
1820 334.03(11) s. 334.03(14), may negotiate with the department for
1821 the design, right-of-way acquisition, and construction of any
1822 component of the high-speed rail system within areas of their
1823 respective jurisdictions or within counties with which they have
1824 interlocal agreements.
1825 Section 34. Subsection (27) of section 479.01, Florida
1826 Statutes, is amended to read:
1827 479.01 Definitions.—As used in this chapter, the term:
1828 (27) “Urban area” has the same meaning as defined in s.
1829 334.03(28) s. 334.03(29).
1830 Section 35. Subsection (1) of section 479.07, Florida
1831 Statutes, is amended to read:
1832 479.07 Sign permits.—
1833 (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
1834 person may not erect, operate, use, or maintain, or cause to be
1835 erected, operated, used, or maintained, any sign on the State
1836 Highway System outside an urban area, as defined in s.
1837 334.03(28) s. 334.03(32), or on any portion of the interstate or
1838 federal-aid primary highway system without first obtaining a
1839 permit for the sign from the department and paying the annual
1840 fee as provided in this section. As used in this section, the
1841 term “on any portion of the State Highway System, interstate, or
1842 federal-aid primary system” means a sign located within the
1843 controlled area which is visible from any portion of the main
1844 traveled way of such system.
1845 Section 36. Subsection (5) of section 479.261, Florida
1846 Statutes, is amended to read:
1847 479.261 Logo sign program.—
1848 (5) At a minimum, permit fees for businesses that
1849 participate in the program must be established in an amount
1850 sufficient to offset the total cost to the department for the
1851 program, including contract costs. The department shall provide
1852 the services in the most efficient and cost-effective manner
1853 through department staff or by contracting for some or all of
1854 the services. The department shall adopt rules that set
1855 reasonable rates based upon factors such as population, traffic
1856 volume, market demand, and costs for annual permit fees.
1857 However, annual permit fees for sign locations inside an urban
1858 area, as defined in s. 334.03(28) s. 334.03(32), may not exceed
1859 $3,500, and annual permit fees for sign locations outside an
1860 urban area, as defined in s. 334.03(28) s. 334.03(32), may not
1861 exceed $2,000. After recovering program costs, the proceeds from
1862 the annual permit fees shall be deposited into the State
1863 Transportation Trust Fund and used for transportation purposes.
1864 Section 37. Subsection (4) of section 310.002, Florida
1865 Statutes, is amended to read:
1866 310.002 Definitions.—As used in this chapter, except where
1867 the context clearly indicates otherwise:
1868 (4) “Port” means any place in the state into which vessels
1869 enter or depart and includes, without limitation, Fernandina,
1870 Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
1871 Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
1872 West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
1873 Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
1874 Carrabelle, Panama City, Port St. Joe, and Pensacola.
1875 Section 38. Subsection (1) of section 311.09, Florida
1876 Statutes, is amended to read:
1877 311.09 Florida Seaport Transportation and Economic
1878 Development Council.—
1879 (1) The Florida Seaport Transportation and Economic
1880 Development Council is created within the Department of
1881 Transportation. The council consists of the following 18 17
1882 members: the port director, or the port director’s designee, of
1883 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1884 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1885 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1886 West, and Fernandina; the secretary of the Department of
1887 Transportation or his or her designee; the director of the
1888 Office of Tourism, Trade, and Economic Development or his or her
1889 designee; and the secretary of the Department of Community
1890 Affairs or his or her designee.
1891 Section 39. Subsection (3) of section 316.075, Florida
1892 Statutes, is amended to read:
1893 316.075 Traffic control signal devices.—
1894 (3)(a) No traffic control signal device shall be used which
1895 does not exhibit a yellow or “caution” light between the green
1896 or “go” signal and the red or “stop” signal.
1897 (b) No traffic control signal device shall display other
1898 than the color red at the top of the vertical signal, nor shall
1899 it display other than the color red at the extreme left of the
1900 horizontal signal.
1901 (c) The Department of Transportation shall establish
1902 minimum yellow light change interval times for traffic control
1903 devices. The minimum yellow light change interval time shall be
1904 established in accordance with nationally recognized engineering
1905 standards set forth in the Institute of Transportation Engineers
1906 Traffic Engineering Handbook, and any such established time may
1907 not be less than the recognized national standard.
1908 Section 40. Present subsections (3) and (4) of section
1909 316.0083, Florida Statutes, are renumbered as subsections (4)
1910 and (5), respectively, and a new subsection (3) is added to that
1911 section, to read:
1912 316.0083 Mark Wandall Traffic Safety Program;
1913 administration; report.—
1914 (3) A notice of violation and a traffic citation may not be
1915 issued pursuant to this section for a violation committed at an
1916 intersection where the traffic signal device does not meet all
1917 requirements under s. 316.075(3). Any such notice of violation
1918 or citation is unenforceable and the court, clerk of court,
1919 designated official, or authorized operator of a traffic
1920 violations bureau shall dismiss the citation without penalty or
1921 assessment of points against the license of the person cited.
1922 Section 41. Section 316.2045, Florida Statutes, is
1923 repealed.
1924 Section 42. Section 316.2046, Florida Statutes, is created
1925 to read:
1926 316.2046 Obstruction of public streets, highways, and
1927 roads.—
1928 (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
1929 (a) Ensuring public safety on public streets, highways, and
1930 roads is an important and substantial state interest.
1931 (b) Obstruction of the free flow of traffic on public
1932 streets, highways, and roads endangers the public safety.
1933 (c) Obtrusive and distracting activities that impede
1934 pedestrian traffic adjacent to streets, highways, and roads can
1935 also disrupt the free flow of traffic and endanger public
1936 safety.
1937 (d) Soliciting funds or engaging in a commercial exchange
1938 with a person who is in a vehicle that is not stopped in a
1939 driveway or designated parking area endangers the safe movement
1940 of vehicles.
1941 (2) DEFINITIONS.—As used in this section, the term
1942 “solicit” means to request employment, business, contributions,
1943 donations, sales, or exchanges of any kind.
1944 (3) PERMIT REQUIRED.—It is unlawful for any person,
1945 willfully and without a permit, to solicit or obstruct the free,
1946 convenient, and normal use of any public street, highway, or
1947 road by standing or approaching motor vehicles while on or
1948 immediately adjacent to the street, highway, or road in a manner
1949 that could endanger the safe movement of vehicles or pedestrians
1950 traveling thereon.
1951 (a) Each county and municipality shall adopt a permitting
1952 process that protects public safety but does not impair the
1953 rights of free speech, except to the extent necessary to protect
1954 public safety. The permitting process must authorize or deny a
1955 permit within 2 business days. A permit application denial by a
1956 county or municipality shall be in writing and be based on a
1957 finding that the proposed activity:
1958 1. Increases the likelihood of traffic accidents;
1959 2. Violates traffic laws, rules, or ordinances;
1960 3. Makes the sidewalk impassable for pedestrians; or
1961 4. Significantly increases the likelihood of harm to
1962 motorists and passersby.
1963 (b) If the county or municipality approves the permit, it
1964 must issue to the applicant a document specifying:
1965 1. The name and address of the person to whom the permit is
1966 granted;
1967 2. The name of the company the person represents, if any;
1968 and
1969 3. The expiration date of the permit.
1970 (c) The permitholder must keep the permit on his or her
1971 person at all times when engaging in activity authorized by the
1972 permit.
1973 (d) The cost of the permit may not exceed an amount that is
1974 reasonably necessary to administer the permitting process.
1975 However, a permit may not be denied to any applicant for lack of
1976 financial means, as attested to by a signed affidavit.
1977 (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
1978 section, counties and municipalities have original jurisdiction
1979 over non-limited access state roads, and local roads, streets,
1980 and highways within their physical jurisdiction. Counties and
1981 municipalities may increase the restrictions of the permit
1982 program if those restrictions are narrowly tailored to serve an
1983 important public purpose. A county or municipality may opt out
1984 of the permit program by a majority vote of the members of the
1985 county or municipal governing body. This section does not
1986 preempt any existing ordinances.
1987 (5) EXCEPTIONS.—This section does not:
1988 (a) Restrict a person from passively standing or sitting on
1989 a public sidewalk and holding a sign if that person does not
1990 obstruct the flow of vehicle or pedestrian traffic.
1991 (b) Apply to any art festival, parade, fair, or other
1992 special event permitted by the appropriate county or
1993 municipality where the streets are blocked off from the normal
1994 flow of traffic.
1995 (c) Apply to:
1996 1. Law enforcement officers carrying out their duties;
1997 2. Emergency vehicles responding to an emergency or
1998 possible emergency;
1999 3. Mail-delivery vehicles;
2000 4. Service vehicles performing work adjacent to the
2001 roadway; and
2002 5. Any commercial vehicle that is used solely for the
2003 purpose of collecting solid waste or recyclable or recovered
2004 materials and that is stopped for the sole purpose of collecting
2005 solid waste or recyclable or recovered materials.
2006 (6) VIOLATIONS.—Any person who violates the provisions of
2007 this section, upon conviction, shall be cited for a pedestrian
2008 violation, punishable as provided in chapter 318. An additional
2009 $10 shall be added to the fine levied under chapter 318. Moneys
2010 collected from this additional $10 fine shall be deposited into
2011 the Grants and Donations Trust Fund of the Department of
2012 Children and Family Services and used by the State Office on
2013 Homelessness to supplement grants made under s. 420.622(4) and
2014 (5).
2015 (7) ENFORCEMENT.—The Department of Highway Safety and Motor
2016 Vehicles and other law enforcement agencies are authorized and
2017 directed to enforce this section.
2018 Section 43. Section 316.2047, Florida Statutes, is created
2019 to read:
2020 316.2047 Panhandling.—
2021 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
2022 panhandling, soliciting, or demanding money, gifts, or donations
2023 may interfere with the safe ingress and egress of human and
2024 vehicular traffic into public buildings, public areas, and
2025 public transportation areas, thereby constituting a threat to
2026 the public health, welfare, and safety of the citizenry. The
2027 Legislature also finds that aggressive and fraudulent
2028 panhandling are threats to public safety and personal security.
2029 (2) DEFINITIONS.—As used in this section, the term:
2030 (a) “Aggressive panhandling” means to knowingly request
2031 money, gifts, or donations:
2032 1. By unwanted touching, detaining, impeding, or
2033 intimidation;
2034 2. Under circumstances that warrant justifiable and
2035 reasonable alarm or immediate concern for the safety of persons
2036 or property in the vicinity;
2037 3. By following the solicited person after that person has
2038 made a negative response; or
2039 4. By using obscene or abusive language or gestures that
2040 are reasonably likely to intimidate or cause fear of bodily
2041 harm.
2042 (b) “False or misleading representation” means, without
2043 limitation:
2044 1. Stating that the donation is needed to meet a specific
2045 need, when the solicitor already has sufficient funds to meet
2046 that need and does not disclose that fact;
2047 2. Stating that the solicitor is from out of town and
2048 stranded, when such is not true;
2049 3. Wearing a military uniform or other indication of
2050 military service when the solicitor is not a present or former
2051 member of the service indicated;
2052 4. Wearing or displaying an indication of physical
2053 disability, when the solicitor does not suffer the disability
2054 indicated;
2055 5. Using any makeup or device to simulate any deformity; or
2056 6. Stating that the solicitor is homeless, when he or she
2057 is not.
2058 (c) “Fraudulent panhandling” means to knowingly make any
2059 false or misleading representation in the course of soliciting a
2060 donation.
2061 (d) “Panhandling” means to:
2062 1. Solicit, request, or beg for an immediate donation of
2063 money or something else of value; or
2064 2. Offer an individual an item of little or no monetary
2065 value in exchange for money or another gratuity under
2066 circumstances that would cause a reasonable individual to
2067 understand that the transaction is only a donation.
2068 (3) PROHIBITED ACTIVITY.—It is unlawful to:
2069 (a) Engage in aggressive panhandling.
2070 (b) Engage in panhandling:
2071 1. Within 20 feet of a bus stop;
2072 2. Within 20 feet of an automated teller machine or the
2073 entrance to a bank;
2074 3. While blocking the entrance to a building or motor
2075 vehicle; or
2076 4. In a parking garage owned or operated by a county, a
2077 municipality, or an agency of the state or the Federal
2078 Government.
2079 (c) Engage in fraudulent panhandling.
2080 (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
2081 municipalities may increase the restrictions on panhandling if
2082 those restrictions are nondiscriminatory and narrowly tailored
2083 to serve an important public purpose. A county or municipality
2084 may opt out of the provisions of this section by a majority vote
2085 of the members of the county or municipal governing body. This
2086 section does not preempt any existing ordinances that are
2087 consistent with this section.
2088 (5) VIOLATIONS; PENALTIES.—Any person who violates the
2089 provisions of this section, upon conviction, shall be cited for
2090 a pedestrian violation, punishable as provided in chapter 318.
2091 An additional $10 shall be added to the fine levied under
2092 chapter 318. Moneys collected from this additional $10 fine
2093 shall be deposited into the Grants and Donations Trust Fund of
2094 the Department of Children and Family Services and used by the
2095 State Office on Homelessness to supplement grants made under s.
2096 420.622(4) and (5).
2097 (6) ENFORCEMENT.—The Department of Highway Safety and Motor
2098 Vehicles and other law enforcement agencies are authorized and
2099 directed to enforce this section.
2100 Section 44. Paragraph (c) of subsection (2) of section
2101 316.302, Florida Statutes, is amended to read:
2102 316.302 Commercial motor vehicles; safety regulations;
2103 transporters and shippers of hazardous materials; enforcement.—
2104 (2)
2105 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
2106 operates a commercial motor vehicle solely in intrastate
2107 commerce not transporting any hazardous material in amounts that
2108 require placarding pursuant to 49 C.F.R. part 172 may not drive
2109 after having been on duty more than 70 hours in any period of 7
2110 consecutive days or more than 80 hours in any period of 8
2111 consecutive days if the motor carrier operates every day of the
2112 week. Thirty-four consecutive hours off duty shall constitute
2113 the end of any such period of 7 or 8 consecutive days. This
2114 weekly limit does not apply to a person who operates a
2115 commercial motor vehicle solely within this state while
2116 transporting, during harvest periods, any unprocessed
2117 agricultural products or unprocessed food or fiber that is
2118 subject to seasonal harvesting from place of harvest to the
2119 first place of processing or storage or from place of harvest
2120 directly to market or while transporting livestock, livestock
2121 feed, or farm supplies directly related to growing or harvesting
2122 agricultural products. Upon request of the Department of
2123 Transportation, motor carriers shall furnish time records or
2124 other written verification to that department so that the
2125 Department of Transportation can determine compliance with this
2126 subsection. These time records must be furnished to the
2127 Department of Transportation within 2 days after receipt of that
2128 department’s request. Falsification of such information is
2129 subject to a civil penalty not to exceed $100. The provisions of
2130 this paragraph do not apply to operators of farm labor vehicles
2131 operated during a state of emergency declared by the Governor or
2132 operated pursuant to s. 570.07(21), and do not apply to drivers
2133 of utility service vehicles as defined in 49 C.F.R. s. 395.2.
2134 Section 45. Subsection (26) of section 334.044, Florida
2135 Statutes, is amended to read:
2136 334.044 Department; powers and duties.—The department shall
2137 have the following general powers and duties:
2138 (26) To provide for the enhancement of environmental
2139 benefits, including air and water quality; to prevent roadside
2140 erosion; to conserve the natural roadside growth and scenery;
2141 and to provide for the implementation and maintenance of
2142 roadside conservation, enhancement, and stabilization programs.
2143 No more less than 1.5 percent of the amount contracted for
2144 construction projects that add capacity to the existing system
2145 shall be allocated by the department for the purchase of plant
2146 materials, if such amount does not exceed $1 million per
2147 project. with, To the greatest extent practical, a minimum of 50
2148 percent of these funds shall be allocated for large plant
2149 materials and the remaining funds for other plant materials. All
2150 such plant materials shall be purchased from Florida commercial
2151 nursery stock in this state on a uniform competitive bid basis.
2152 The department will develop grades and standards for landscaping
2153 materials purchased through this process. To accomplish these
2154 activities, the department may contract with nonprofit
2155 organizations having the primary purpose of developing youth
2156 employment opportunities.
2157 Section 46. Section 337.406, Florida Statutes, is amended
2158 to read:
2159 337.406 Unlawful use of state transportation facility
2160 right-of-way; penalties.—
2161 (1) Except when leased as provided in s. 337.25(5) or
2162 otherwise authorized by the rules of the department, it is
2163 unlawful to make any use of any limited access highway the
2164 right-of-way of any state transportation facility, including
2165 appendages thereto, outside of an incorporated municipality in
2166 any manner that interferes with the safe and efficient movement
2167 of people and property from place to place on the transportation
2168 facility. Failure to prohibit the use of right-of-way in this
2169 manner will endanger the health, safety, and general welfare of
2170 the public by causing distractions to motorists, unsafe
2171 pedestrian movement within travel lanes, sudden stoppage or
2172 slowdown of traffic, rapid lane changing and other dangerous
2173 traffic movement, increased vehicular accidents, and motorist
2174 injuries and fatalities. Such prohibited uses include, but are
2175 not limited to, the free distribution or sale, or display or
2176 solicitation for free distribution or sale, of any merchandise,
2177 goods, property or services; the solicitation for charitable
2178 purposes; the servicing or repairing of any vehicle, except the
2179 rendering of emergency service; the storage of vehicles being
2180 serviced or repaired on abutting property or elsewhere; and the
2181 display of advertising of any sort, except that any portion of a
2182 state transportation facility may be used for an art festival,
2183 parade, fair, or other special event if permitted by the
2184 appropriate local governmental entity. Counties and
2185 municipalities shall regulate the use of transportation
2186 facilities within their jurisdiction, except limited access
2187 highways, pursuant to s. 316.2046. The Department of
2188 Transportation shall regulate the use of rest areas and welcome
2189 centers as limited public forums that are provided to the public
2190 for safety rest stops. Accordingly, the uses within these rest
2191 areas and welcome centers may be limited. Local government
2192 entities may issue permits of limited duration for the temporary
2193 use of the right-of-way of a state transportation facility for
2194 any of these prohibited uses if it is determined that the use
2195 will not interfere with the safe and efficient movement of
2196 traffic and the use will cause no danger to the public. The
2197 permitting authority granted in this subsection shall be
2198 exercised by the municipality within incorporated municipalities
2199 and by the county outside an incorporated municipality. Before a
2200 road on the State Highway System may be temporarily closed for a
2201 special event, the local governmental entity which permits the
2202 special event to take place must determine that the temporary
2203 closure of the road is necessary and must obtain the prior
2204 written approval for the temporary road closure from the
2205 department. Nothing in this subsection shall be construed to
2206 authorize such activities on any limited access highway. Local
2207 governmental entities may, within their respective
2208 jurisdictions, initiate enforcement action by the appropriate
2209 code enforcement authority or law enforcement authority for a
2210 violation of this section.
2211 (2) Persons holding valid peddlers’ licenses issued by
2212 appropriate governmental entities may make sales from vehicles
2213 standing on the right-of-way to occupants of abutting property
2214 only.
2215 (2)(3) The Department of Highway Safety and Motor Vehicles
2216 and other law enforcement agencies are authorized and directed
2217 to enforce this statute.
2218 (3)(4) Camping is prohibited on any portion of the right
2219 of-way of the State Highway System that is within 100 feet of a
2220 bridge, causeway, overpass, or ramp.
2221 (4)(5) The violation of any provision of this section or
2222 any rule promulgated by the department pursuant to this section
2223 constitutes a misdemeanor of the second degree, punishable as
2224 provided in s. 775.082 or s. 775.083, and each day a violation
2225 continues to exist constitutes a separate offense.
2226 Section 47. Subsections (1) and (4) of section 337.408,
2227 Florida Statutes, are amended to read:
2228 337.408 Regulation of bus stop benches, transit shelters,
2229 street light poles, waste disposal receptacles, and modular news
2230 racks within rights-of-way.—
2231 (1) Benches or transit shelters, including advertising
2232 displayed on benches or transit shelters, may be installed
2233 within the right-of-way limits of any municipal, county, or
2234 state road, except a limited access highway, provided that such
2235 benches or transit shelters are for the comfort or convenience
2236 of the general public or are at designated stops on official bus
2237 routes and provided that written authorization has been given to
2238 a qualified private supplier of such service by the municipal
2239 government within whose incorporated limits such benches or
2240 transit shelters are installed or by the county government
2241 within whose unincorporated limits such benches or transit
2242 shelters are installed. A municipality or county may authorize
2243 the installation, without public bid, of benches and transit
2244 shelters together with advertising displayed thereon within the
2245 right-of-way limits of such roads. All installations shall be in
2246 compliance with all applicable laws and rules including, without
2247 limitation, the Americans with Disabilities Act. Municipalities
2248 and counties shall indemnify, defend, and hold harmless the
2249 department from any suits, actions, proceedings, claims, losses,
2250 costs, charges, expenses, damages, liabilities, attorney fees,
2251 and court costs relating to the installation, removal, or
2252 relocation of such installations. Any contract for the
2253 installation of benches or transit shelters or advertising on
2254 benches or transit shelters which was entered into before April
2255 8, 1992, without public bidding is ratified and affirmed. Such
2256 benches or transit shelters may not interfere with right-of-way
2257 preservation and maintenance. Any bench or transit shelter
2258 located on a sidewalk within the right-of-way limits of any road
2259 on the State Highway System or the county road system shall be
2260 located so as to leave at least 36 inches of clearance for
2261 pedestrians and persons in wheelchairs. Such clearance shall be
2262 measured in a direction perpendicular to the centerline of the
2263 road.
2264 (4) The department has the authority to direct the
2265 immediate relocation or removal of any bus stop bench, transit
2266 shelter, waste disposal receptacle, public pay telephone, or
2267 modular news rack that endangers life or property, or that is
2268 otherwise not in compliance with applicable laws and rules,
2269 except that transit bus benches that were placed in service
2270 before April 1, 1992, are not required to comply with bench size
2271 and advertising display size requirements established by the
2272 department before March 1, 1992. If a municipality or county
2273 fails to comply with the department’s direction, the department
2274 shall remove the noncompliant installation, charge the cost of
2275 the removal to the municipality or county, and may deduct or
2276 offset such cost from any other funding available to the
2277 municipality or county from the department. Any transit bus
2278 bench that was in service before April 1, 1992, may be replaced
2279 with a bus bench of the same size or smaller, if the bench is
2280 damaged or destroyed or otherwise becomes unusable. The
2281 department may adopt rules relating to the regulation of bench
2282 size and advertising display size requirements. If a
2283 municipality or county within which a bench is to be located has
2284 adopted an ordinance or other applicable regulation that
2285 establishes bench size or advertising display sign requirements
2286 different from requirements specified in department rule, the
2287 local government requirement applies within the respective
2288 municipality or county. Placement of any bench or advertising
2289 display on the National Highway System under a local ordinance
2290 or regulation adopted under this subsection is subject to
2291 approval of the Federal Highway Administration.
2292 Section 48. Section 373.413, Florida Statutes, is amended
2293 to read:
2294 373.413 Permits for construction or alteration.—
2295 (1) Except for the exemptions set forth herein, the
2296 governing board or the department may require such permits and
2297 impose such reasonable conditions as are necessary to assure
2298 that the construction or alteration of any stormwater management
2299 system, dam, impoundment, reservoir, appurtenant work, or works
2300 will comply with the provisions of this part and applicable
2301 rules promulgated thereto and will not be harmful to the water
2302 resources of the district. The department or the governing board
2303 may delineate areas within the district wherein permits may be
2304 required.
2305 (2) A person proposing to construct or alter a stormwater
2306 management system, dam, impoundment, reservoir, appurtenant
2307 work, or works subject to such permit shall apply to the
2308 governing board or department for a permit authorizing such
2309 construction or alteration. The application shall contain the
2310 following:
2311 (a) Name and address of the applicant.
2312 (b) Name and address of the owner or owners of the land
2313 upon which the works are to be constructed and a legal
2314 description of such land.
2315 (c) Location of the work.
2316 (d) Sketches of construction pending tentative approval.
2317 (e) Name and address of the person who prepared the plans
2318 and specifications of construction.
2319 (f) Name and address of the person who will construct the
2320 proposed work.
2321 (g) General purpose of the proposed work.
2322 (h) Such other information as the governing board or
2323 department may require.
2324 (3) After receipt of an application for a permit, the
2325 governing board or department shall publish notice of the
2326 application by sending a notice to any persons who have filed a
2327 written request for notification of any pending applications
2328 affecting the particular designated area. Such notice may be
2329 sent by regular mail. The notice shall contain the name and
2330 address of the applicant; a brief description of the proposed
2331 activity, including any mitigation; the location of the proposed
2332 activity, including whether it is located within an Outstanding
2333 Florida Water or aquatic preserve; a map identifying the
2334 location of the proposed activity subject to the application; a
2335 depiction of the proposed activity subject to the application; a
2336 name or number identifying the application and the office where
2337 the application can be inspected; and any other information
2338 required by rule.
2339 (4) In addition to the notice required by subsection (3),
2340 the governing board or department may publish, or require an
2341 applicant to publish at the applicant’s expense, in a newspaper
2342 of general circulation within the affected area, a notice of
2343 receipt of the application and a notice of intended agency
2344 action. This subsection does not limit the discretionary
2345 authority of the department or the governing board of a water
2346 management district to publish, or to require an applicant to
2347 publish at the applicant’s expense, any notice under this
2348 chapter. The governing board or department shall also provide
2349 notice of this intended agency action to the applicant and to
2350 persons who have requested a copy of the intended agency action
2351 for that specific application.
2352 (5) The governing board or department may charge a
2353 subscription fee to any person who has filed a written request
2354 for notification of any pending applications to cover the cost
2355 of duplication and mailing charges.
2356 (6) It is the intent of the Legislature that the governing
2357 board or department exercise flexibility in the permitting of
2358 stormwater management systems associated with the construction
2359 or alteration of systems serving state transportation projects
2360 and facilities. Because of the unique limitations of linear
2361 facilities, the governing board or department shall balance the
2362 expenditure of public funds for stormwater treatment for state
2363 transportation projects and facilities and the treatment
2364 objectives to be achieved. In consideration thereof, the
2365 governing board or department shall allow alternatives to onsite
2366 treatment, including, but not limited to, regional stormwater
2367 treatment systems. The Department of Transportation is not
2368 responsible for the abatement of pollutants and flows entering
2369 its stormwater management systems from offsite; however, this
2370 subsection does not prohibit the Department of Transportation
2371 from receiving and managing such pollutants and flows when it is
2372 found to be cost-effective and prudent. Further, in association
2373 with right-of-way acquisition for state transportation projects,
2374 the Department of Transportation is responsible for providing
2375 stormwater treatment and attenuation for additional right-of
2376 way, but is not responsible for modifying permits of adjacent
2377 lands when it is not the permittee. To accomplish this, the
2378 governing board or department shall adopt rules for these
2379 activities.
2380 Section 49. Subsections (1), (2), (3), (4), and (5) of
2381 section 373.4137, Florida Statutes, are amended to read:
2382 373.4137 Mitigation requirements for specified
2383 transportation projects.—
2384 (1) The Legislature finds that environmental mitigation for
2385 the impact of transportation projects proposed by the Department
2386 of Transportation or a transportation authority established
2387 pursuant to chapter 348 or chapter 349 can be more effectively
2388 achieved by regional, long-range mitigation planning rather than
2389 on a project-by-project basis. It is the intent of the
2390 Legislature that mitigation to offset the adverse effects of
2391 these transportation projects be funded by the Department of
2392 Transportation and be carried out by the water management
2393 districts, including the use of mitigation banks and any other
2394 mitigation options that satisfy state and federal requirements
2395 established pursuant to this part.
2396 (2) Environmental impact inventories for transportation
2397 projects proposed by the Department of Transportation or a
2398 transportation authority established pursuant to chapter 348 or
2399 chapter 349 shall be developed as follows:
2400 (a) By July 1 of each year, the Department of
2401 Transportation or a transportation authority established
2402 pursuant to chapter 348 or chapter 349 which chooses to
2403 participate in this program shall submit to the water management
2404 districts a list copy of its projects in the adopted work
2405 program and an environmental impact inventory of habitats
2406 addressed in the rules adopted pursuant to this part and s. 404
2407 of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
2408 by its plan of construction for transportation projects in the
2409 next 3 years of the tentative work program. The Department of
2410 Transportation or a transportation authority established
2411 pursuant to chapter 348 or chapter 349 may also include in its
2412 environmental impact inventory the habitat impacts of any future
2413 transportation project. The Department of Transportation and
2414 each transportation authority established pursuant to chapter
2415 348 or chapter 349 may fund any mitigation activities for future
2416 projects using current year funds.
2417 (b) The environmental impact inventory shall include a
2418 description of these habitat impacts, including their location,
2419 acreage, and type; state water quality classification of
2420 impacted wetlands and other surface waters; any other state or
2421 regional designations for these habitats; and a list survey of
2422 threatened species, endangered species, and species of special
2423 concern affected by the proposed project.
2424 (3)(a) To fund development and implementation of the
2425 mitigation plan for the projected impacts identified in the
2426 environmental impact inventory described in subsection (2), the
2427 Department of Transportation shall identify funds quarterly in
2428 an escrow account within the State Transportation Trust Fund for
2429 the environmental mitigation phase of projects budgeted by the
2430 Department of Transportation for the current fiscal year. The
2431 escrow account shall be maintained by the Department of
2432 Transportation for the benefit of the water management
2433 districts. Any interest earnings from the escrow account shall
2434 remain with the Department of Transportation.
2435 (b) Each transportation authority established pursuant to
2436 chapter 348 or chapter 349 that chooses to participate in this
2437 program shall create an escrow account within its financial
2438 structure and deposit funds in the account to pay for the
2439 environmental mitigation phase of projects budgeted for the
2440 current fiscal year. The escrow account shall be maintained by
2441 the authority for the benefit of the water management districts.
2442 Any interest earnings from the escrow account shall remain with
2443 the authority.
2444 (c) Except for current mitigation projects in the
2445 monitoring and maintenance phase and except as allowed by
2446 paragraph (d), the water management districts may request a
2447 transfer of funds from an escrow account no sooner than 30 days
2448 prior to the date the funds are needed to pay for activities
2449 associated with development or implementation of the approved
2450 mitigation plan described in subsection (4) for the current
2451 fiscal year, including, but not limited to, design, engineering,
2452 production, and staff support. Actual conceptual plan
2453 preparation costs incurred before plan approval may be submitted
2454 to the Department of Transportation or the appropriate
2455 transportation authority each year with the plan. The conceptual
2456 plan preparation costs of each water management district will be
2457 paid from mitigation funds associated with the environmental
2458 impact inventory for the current year. The amount transferred to
2459 the escrow accounts each year by the Department of
2460 Transportation and participating transportation authorities
2461 established pursuant to chapter 348 or chapter 349 shall
2462 correspond to a cost per acre of $75,000 multiplied by the
2463 projected acres of impact identified in the environmental impact
2464 inventory described in subsection (2). However, the $75,000 cost
2465 per acre does not constitute an admission against interest by
2466 the state or its subdivisions nor is the cost admissible as
2467 evidence of full compensation for any property acquired by
2468 eminent domain or through inverse condemnation. Each July 1, the
2469 cost per acre shall be adjusted by the percentage change in the
2470 average of the Consumer Price Index issued by the United States
2471 Department of Labor for the most recent 12-month period ending
2472 September 30, compared to the base year average, which is the
2473 average for the 12-month period ending September 30, 1996. Each
2474 quarter, the projected acreage of impact shall be reconciled
2475 with the acreage of impact of projects as permitted, including
2476 permit modifications, pursuant to this part and s. 404 of the
2477 Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
2478 of funds shall be adjusted accordingly to reflect the acreage of
2479 impacts as permitted. The Department of Transportation and
2480 participating transportation authorities established pursuant to
2481 chapter 348 or chapter 349 are authorized to transfer such funds
2482 from the escrow accounts to the water management districts to
2483 carry out the mitigation programs. Environmental mitigation
2484 funds that are identified or maintained in an escrow account for
2485 the benefit of a water management district may be released if
2486 the associated transportation project is excluded in whole or
2487 part from the mitigation plan. For a mitigation project that is
2488 in the maintenance and monitoring phase, the water management
2489 district may request and receive a one-time payment based on the
2490 project’s expected future maintenance and monitoring costs. Upon
2491 disbursement of the final maintenance and monitoring payment,
2492 the obligation of the department or the participating
2493 transportation authority is satisfied, the water management
2494 district has the continuing responsibility for the mitigation
2495 project, and the escrow account for the project established by
2496 the Department of Transportation or the participating
2497 transportation authority may be closed. Any interest earned on
2498 these disbursed funds shall remain with the water management
2499 district and must be used as authorized under this section.
2500 (d) Beginning in the 2005-2006 fiscal year, each water
2501 management district shall be paid a lump-sum amount of $75,000
2502 per acre, adjusted as provided under paragraph (c), for
2503 federally funded transportation projects that are included on
2504 the environmental impact inventory and that have an approved
2505 mitigation plan. Beginning in the 2009-2010 fiscal year, each
2506 water management district shall be paid a lump-sum amount of
2507 $75,000 per acre, adjusted as provided under paragraph (c), for
2508 federally funded and nonfederally funded transportation projects
2509 that have an approved mitigation plan. All mitigation costs,
2510 including, but not limited to, the costs of preparing conceptual
2511 plans and the costs of design, construction, staff support,
2512 future maintenance, and monitoring the mitigated acres shall be
2513 funded through these lump-sum amounts.
2514 (4) Prior to March 1 of each year, each water management
2515 district, in consultation with the Department of Environmental
2516 Protection, the United States Army Corps of Engineers, the
2517 Department of Transportation, participating transportation
2518 authorities established pursuant to chapter 348 or chapter 349,
2519 and other appropriate federal, state, and local governments, and
2520 other interested parties, including entities operating
2521 mitigation banks, shall develop a plan for the primary purpose
2522 of complying with the mitigation requirements adopted pursuant
2523 to this part and 33 U.S.C. s. 1344. In developing such plans,
2524 the districts shall utilize sound ecosystem management practices
2525 to address significant water resource needs and shall focus on
2526 activities of the Department of Environmental Protection and the
2527 water management districts, such as surface water improvement
2528 and management (SWIM) projects and lands identified for
2529 potential acquisition for preservation, restoration or
2530 enhancement, and the control of invasive and exotic plants in
2531 wetlands and other surface waters, to the extent that such
2532 activities comply with the mitigation requirements adopted under
2533 this part and 33 U.S.C. s. 1344. In determining the activities
2534 to be included in such plans, the districts shall also consider
2535 the purchase of credits from public or private mitigation banks
2536 permitted under s. 373.4136 and associated federal authorization
2537 and shall include such purchase as a part of the mitigation plan
2538 when such purchase would offset the impact of the transportation
2539 project, provide equal benefits to the water resources than
2540 other mitigation options being considered, and provide the most
2541 cost-effective mitigation option. The mitigation plan shall be
2542 submitted to the water management district governing board, or
2543 its designee, for review and approval. At least 14 days prior to
2544 approval, the water management district shall provide a copy of
2545 the draft mitigation plan to any person who has requested a
2546 copy.
2547 (a) For each transportation project with a funding request
2548 for the next fiscal year, the mitigation plan must include a
2549 brief explanation of why a mitigation bank was or was not chosen
2550 as a mitigation option, including an estimation of identifiable
2551 costs of the mitigation bank and nonbank options to the extent
2552 practicable.
2553 (b) Specific projects may be excluded from the mitigation
2554 plan, in whole or in part, and are shall not be subject to this
2555 section upon the election agreement of the Department of
2556 Transportation, or a transportation authority, if applicable, or
2557 and the appropriate water management district that the inclusion
2558 of such projects would hamper the efficiency or timeliness of
2559 the mitigation planning and permitting process. The water
2560 management district may choose to exclude a project in whole or
2561 in part if the district is unable to identify mitigation that
2562 would offset impacts of the project.
2563 (5) The water management district shall ensure be
2564 responsible for ensuring that mitigation requirements pursuant
2565 to 33 U.S.C. s. 1344 are met for the impacts identified in the
2566 environmental impact inventory described in subsection (2), by
2567 implementation of the approved plan described in subsection (4)
2568 to the extent funding is provided by the Department of
2569 Transportation, or a transportation authority established
2570 pursuant to chapter 348 or chapter 349, if applicable. During
2571 the federal permitting process, the water management district
2572 may deviate from the approved mitigation plan in order to comply
2573 with federal permitting requirements.
2574 Section 50. Paragraph (c) of subsection (1) of section
2575 374.976, Florida Statutes, is amended to read:
2576 374.976 Authority to address impacts of waterway
2577 development projects.—
2578 (1) Each inland navigation district is empowered and
2579 authorized to undertake programs intended to alleviate the
2580 problems associated with its waterway or waterways, including,
2581 but not limited to, the following:
2582 (c) The district is authorized to aid and cooperate with
2583 the Federal Government; state; member counties; nonmember
2584 counties that contain any part of the intracoastal waterway
2585 within their boundaries; navigation districts; the seaports of
2586 Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
2587 Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
2588 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
2589 Fernandina; and local governments within the district in
2590 planning and carrying out public navigation, local and regional
2591 anchorage management, beach renourishment, public recreation,
2592 inlet management, environmental education, and boating safety
2593 projects, directly related to the waterways. The district is
2594 also authorized to enter into cooperative agreements with the
2595 United States Army Corps of Engineers, state, and member
2596 counties, and to covenant in any such cooperative agreement to
2597 pay part of the costs of acquisition, planning, development,
2598 construction, reconstruction, extension, improvement, operation,
2599 and maintenance of such projects.
2600 Section 51. Subsection (9) of section 403.021, Florida
2601 Statutes, is amended to read:
2602 403.021 Legislative declaration; public policy.—
2603 (9)(a) The Legislature finds and declares that it is
2604 essential to preserve and maintain authorized water depth in the
2605 existing navigation channels, port harbors, turning basins, and
2606 harbor berths of this state in order to provide for the
2607 continued safe navigation of deepwater shipping commerce. The
2608 department shall recognize that maintenance of authorized water
2609 depths consistent with port master plans developed pursuant to
2610 s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
2611 necessary activity that is in the public interest; and it shall
2612 develop a regulatory process that shall enable the ports of this
2613 state to conduct such activities in an environmentally sound,
2614 safe, expeditious, and cost-efficient manner. It is the further
2615 intent of the Legislature that the permitting and enforcement of
2616 dredging, dredged-material management, and other related
2617 activities for Florida’s deepwater ports pursuant to this
2618 chapter and chapters 161, 253, and 373 shall be consolidated
2619 within the department’s Division of Water Resource Management
2620 and, with the concurrence of the affected deepwater port or
2621 ports, may be administered by a district office of the
2622 department or delegated to an approved local environmental
2623 program.
2624 (b) The provisions of paragraph (a) apply only to the port
2625 waters, dredged-material management sites, port harbors,
2626 navigation channels, turning basins, and harbor berths used for
2627 deepwater commercial navigation in the ports of Jacksonville,
2628 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
2629 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
2630 Petersburg, Pensacola, Fernandina, and Key West.
2631 Section 52. Subsection (26) of section 403.061, Florida
2632 Statutes, is amended to read:
2633 403.061 Department; powers and duties.—The department shall
2634 have the power and the duty to control and prohibit pollution of
2635 air and water in accordance with the law and rules adopted and
2636 promulgated by it and, for this purpose, to:
2637 (26)(a) Develop standards and criteria for waters used for
2638 deepwater shipping which standards and criteria consider
2639 existing water quality; appropriate mixing zones and other
2640 requirements for maintenance dredging in previously constructed
2641 deepwater navigation channels, port harbors, turning basins, or
2642 harbor berths; and appropriate mixing zones for disposal of
2643 spoil material from dredging and, where necessary, develop a
2644 separate classification for such waters. Such classification,
2645 standards, and criteria shall recognize that the present
2646 dedicated use of these waters is for deepwater commercial
2647 navigation.
2648 (b) The provisions of paragraph (a) apply only to the port
2649 waters, spoil disposal sites, port harbors, navigation channels,
2650 turning basins, and harbor berths used for deepwater commercial
2651 navigation in the ports of Jacksonville, Tampa, Port Everglades,
2652 Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
2653 Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
2654 Florida Power Corporation’s Crystal River Canal, Boca Grande,
2655 Green Cove Springs, and Pensacola.
2656
2657 The department shall implement such programs in conjunction with
2658 its other powers and duties and shall place special emphasis on
2659 reducing and eliminating contamination that presents a threat to
2660 humans, animals or plants, or to the environment.
2661 Section 53. Subsection (3) of section 403.813, Florida
2662 Statutes, is amended to read:
2663 403.813 Permits issued at district centers; exceptions.—
2664 (3) For maintenance dredging conducted under this section
2665 by the seaports of Jacksonville, Port Canaveral, Port Citrus,
2666 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
2667 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
2668 West, and Fernandina or by inland navigation districts:
2669 (a) A mixing zone for turbidity is granted within a 150
2670 meter radius from the point of dredging while dredging is
2671 ongoing, except that the mixing zone may not extend into areas
2672 supporting wetland communities, submerged aquatic vegetation, or
2673 hardbottom communities.
2674 (b) The discharge of the return water from the site used
2675 for the disposal of dredged material shall be allowed only if
2676 such discharge does not result in a violation of water quality
2677 standards in the receiving waters. The return-water discharge
2678 into receiving waters shall be granted a mixing zone for
2679 turbidity within a 150-meter radius from the point of discharge
2680 during and immediately after the dredging, except that the
2681 mixing zone may not extend into areas supporting wetland
2682 communities, submerged aquatic vegetation, or hardbottom
2683 communities.
2684 (c) The state may not exact a charge for material that this
2685 subsection allows a public port or an inland navigation district
2686 to remove.
2687 (d) The use of flocculants at the site used for disposal of
2688 the dredged material is allowed if the use, including supporting
2689 documentation, is coordinated in advance with the department and
2690 the department has determined that the use is not harmful to
2691 water resources.
2692 (e) This subsection does not prohibit maintenance dredging
2693 of areas where the loss of original design function and
2694 constructed configuration has been caused by a storm event,
2695 provided that the dredging is performed as soon as practical
2696 after the storm event. Maintenance dredging that commences
2697 within 3 years after the storm event shall be presumed to
2698 satisfy this provision. If more than 3 years are needed to
2699 commence the maintenance dredging after the storm event, a
2700 request for a specific time extension to perform the maintenance
2701 dredging shall be submitted to the department, prior to the end
2702 of the 3-year period, accompanied by a statement, including
2703 supporting documentation, demonstrating that contractors are not
2704 available or that additional time is needed to obtain
2705 authorization for the maintenance dredging from the United
2706 States Army Corps of Engineers.
2707 Section 54. Section 403.816, Florida Statutes, is amended
2708 to read:
2709 403.816 Permits for maintenance dredging of deepwater ports
2710 and beach restoration projects.—
2711 (1) The department shall establish a permit system under
2712 this chapter and chapter 253 which provides for the performance,
2713 for up to 25 years from the issuance of the original permit, of
2714 maintenance dredging of permitted navigation channels, port
2715 harbors, turning basins, harbor berths, and beach restoration
2716 projects approved pursuant to chapter 161. However, permits
2717 issued for dredging river channels which are not a part of a
2718 deepwater port shall be valid for no more than five years. No
2719 charge shall be exacted by the state for material removed during
2720 such maintenance dredging by a public port authority.
2721 (2) The provisions of s. 253.77 do not apply to a permit
2722 for maintenance dredging and spoil site approval when there is
2723 no change in the size or location of the spoil disposal site and
2724 when the applicant provides documentation to the department that
2725 the appropriate lease, easement, or consent of use for the
2726 project site issued pursuant to chapter 253 is recorded in the
2727 county where the project is located.
2728 (3) The provisions of this section relating to ports apply
2729 only to the port waters, spoil disposal sites, port harbors,
2730 navigation channels, turning basins, and harbor berths used for
2731 deepwater commercial navigation in the ports of Jacksonville,
2732 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
2733 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
2734 Petersburg, Port Bartow, Florida Power Corporation’s Crystal
2735 River Canal, Boca Grande, Green Cove Springs, and Pensacola.
2736 Section 55. Section 479.106, Florida Statutes, is amended
2737 to read:
2738 479.106 Vegetation management.—
2739 (1) The removal, cutting, or trimming of trees or
2740 vegetation on public right-of-way to make visible or to ensure
2741 future visibility of the facing of a proposed sign or previously
2742 permitted sign shall be performed only with the written
2743 permission of the department in accordance with the provisions
2744 of this section.
2745 (2) Any person desiring to engage in the removal, cutting,
2746 or trimming of trees or vegetation for the purposes herein
2747 described shall apply for an appropriate permit by make written
2748 application to the department. The application for a permit
2749 shall include at the election of the applicant, one of the
2750 following:
2751 (a) A vegetation management plan consisting of a property
2752 sketch indicating the onsite location of the vegetation or
2753 individual trees to be removed, cut, or trimmed and describing
2754 the existing conditions and proposed work to be accomplished.
2755 (b) Mitigation contribution to the Federal Grants Trust
2756 Fund pursuant to s. 589.277(2) using values of a wholesale plant
2757 nursery registered with the Division of Plant Industry of the
2758 Department of Agriculture and Consumer Services.
2759 (c) A combination of both a vegetation management plan and
2760 mitigation contribution the applicant’s plan for the removal,
2761 cutting, or trimming and for the management of any vegetation
2762 planted as part of a mitigation plan.
2763 (3) In evaluating a vegetation management plan or
2764 mitigation contribution, the department As a condition of any
2765 removal of trees or vegetation, and where the department deems
2766 appropriate as a condition of any cutting or trimming, the
2767 department may require a vegetation management plan, approved by
2768 the department, which considers conservation and mitigation, or
2769 contribution to a plan of mitigation, for the replacement of
2770 such vegetation. Each plan or contribution shall reasonably
2771 evaluate the application as it relates relate to the vegetation
2772 being affected by the application, taking into consideration the
2773 condition of such vegetation, and, where appropriate, may
2774 approve shall include plantings that which will allow reasonable
2775 visibility of sign facings while screening sign structural
2776 supports. Only herbicides approved by the Department of
2777 Agriculture and Consumer Services may be used in the removal of
2778 vegetation. The department shall act on the application for
2779 approval of vegetation management plans, or approval of
2780 mitigation contribution, within 30 days after receipt of such
2781 application. A permit issued in response to such application is
2782 valid for 5 years, may be renewed for an additional 5 years by
2783 payment of the applicable application fee, and is binding upon
2784 the department. The department may establish special mitigation
2785 programs for the beautification and aesthetic improvement of
2786 designated areas and permit individual applicants to contribute
2787 to such programs as a part or in lieu of other mitigation
2788 requirements.
2789 (4) The department may establish an application fee not to
2790 exceed $25 for each individual application to defer the costs of
2791 processing such application and a fee not to exceed $200 to
2792 defer the costs of processing an application for multiple sites.
2793 (5) The department may only grant a permit pursuant to s.
2794 479.07 for a new sign which requires the removal, cutting, or
2795 trimming of existing trees or vegetation on public right-of-way
2796 for the sign face to be visible from the highway when the sign
2797 owner has removed one at least two nonconforming sign signs of
2798 approximate comparable size and surrendered the permits for the
2799 nonconforming signs to the department for cancellation. For
2800 signs originally permitted after July 1, 1996, no permit for the
2801 removal, cutting, or trimming of trees or vegetation shall be
2802 granted where such trees or vegetation are part of a
2803 beautification project implemented prior to the date of the
2804 original sign permit application, when the beautification
2805 project is specifically identified in the department’s
2806 construction plans, permitted landscape projects, or agreements.
2807 (6) As a minimum, view zones shall be established along the
2808 public rights-of-way of interstate highways, expressways,
2809 federal-aid primary highways, and the State Highway System in
2810 the state, excluding privately or other publicly owned property,
2811 as follows:
2812 1. A view zone of 350 feet for posted speed limits of 35
2813 miles per hour or less.
2814 2. A view zone of 500 feet for posted speed limits of more
2815 than 35 miles per hour.
2816
2817 The established view zone shall be within the first 1,000 feet
2818 measured along the edge of the pavement in the direction of
2819 approaching traffic from a point on the edge of the pavement
2820 perpendicular to the edge of the sign facing nearest the highway
2821 and shall be continuous unless interrupted by vegetation that
2822 has established historical significance, is protected by state
2823 law, or has a circumference, measured at 4 and 1/2 feet above
2824 grade, is equal to or greater than 70 percent of the
2825 circumference of the Florida Champion of the same species as
2826 listed in the Florida Register of Big Trees of the Florida
2827 Native Plant Society. The sign owner may designate the specific
2828 location of the view zone for each sign facing. In the absence
2829 of such designation, the established view zone shall be measured
2830 from the sign along the edge of the pavement in the direction of
2831 approaching traffic as provided in this subsection.
2832 (7)(6) Beautification projects, trees, or other vegetation
2833 shall not be planted or located in the view zone of legally
2834 erected and permitted outdoor advertising signs which have been
2835 permitted prior to the date of the beautification project or
2836 other planting, where such planting will, at the time of
2837 planting or after future growth, screen such sign from view. The
2838 department shall provide written notice to the owner not less
2839 than 90 days before commencing a beautification project or other
2840 vegetation planting that may affect a sign, allowing such owner
2841 not less than 60 days to designate the specific location of the
2842 view zone of such affected sign. A sign owner is not required to
2843 prepare a vegetation management plan or secure a vegetation
2844 management permit for the implementation of beautification
2845 projects.
2846 (a) View zones are established along the public rights-of
2847 way of interstate highways, expressways, federal-aid primary
2848 highways, and the State Highway System in the state, excluding
2849 privately or other publicly owned property, as follows:
2850 1. A view zone of 350 feet for posted speed limits of 35
2851 miles per hour or less.
2852 2. A view zone of 500 feet for posted speed limits of over
2853 35 miles per hour.
2854 (b) The established view zone shall be within the first
2855 1,000 feet measured along the edge of the pavement in the
2856 direction of approaching traffic from a point on the edge of the
2857 pavement perpendicular to the edge of the sign facing nearest
2858 the highway and shall be continuous unless interrupted by
2859 existing, naturally occurring vegetation. The department and the
2860 sign owner may enter into an agreement identifying the specific
2861 location of the view zone for each sign facing. In the absence
2862 of such agreement, the established view zone shall be measured
2863 from the sign along the edge of the pavement in the direction of
2864 approaching traffic as provided in this subsection.
2865 (a)(c) If a sign owner alleges any governmental entity or
2866 other party has violated this subsection, the sign owner must
2867 provide 90 days’ written notice to the governmental entity or
2868 other party allegedly violating this subsection. If the alleged
2869 violation is not cured by the governmental entity or other party
2870 within the 90-day period, the sign owner may file a claim in the
2871 circuit court where the sign is located. A copy of such
2872 complaint shall be served contemporaneously upon the
2873 governmental entity or other party. If the circuit court
2874 determines a violation of this subsection has occurred, the
2875 court shall award a claim for compensation equal to the lesser
2876 of the revenue from the sign lost during the time of screening
2877 or the fair market value of the sign, and the governmental
2878 entity or other party shall pay the award of compensation
2879 subject to available appeal. Any modification or removal of
2880 material within a beautification project or other planting by
2881 the governmental entity or other party to cure an alleged
2882 violation shall not require the issuance of a permit from the
2883 Department of Transportation provided not less than 48 hours’
2884 notice is provided to the department of the modification or
2885 removal of the material. A natural person, private corporation,
2886 or private partnership licensed under part II of chapter 481
2887 providing design services for beautification or other projects
2888 shall not be subject to a claim of compensation under this
2889 section when the initial project design meets the requirements
2890 of this section.
2891 (b)(d) This subsection shall not apply to the provisions of
2892 any existing written agreement executed before July 1, 2006,
2893 between any local government and the owner of an outdoor
2894 advertising sign.
2895 (8)(7) Any person engaging in removal, cutting, or trimming
2896 of trees or vegetation in violation of this section or
2897 benefiting from such actions shall be subject to an
2898 administrative penalty of up to $1,000 and required to mitigate
2899 for the unauthorized removal, cutting, or trimming in such
2900 manner and in such amount as may be required under the rules of
2901 the department.
2902 (9)(8) The intent of this section is to create partnering
2903 relationships which will have the effect of improving the
2904 appearance of Florida’s highways and creating a net increase in
2905 the vegetative habitat along the roads. Department rules shall
2906 encourage the use of plants which are low maintenance and native
2907 to the general region in which they are planted.
2908 Section 56. Subsections (16) and (17) are added to section
2909 479.16, Florida Statutes, to read:
2910 479.16 Signs for which permits are not required.—The
2911 following signs are exempt from the requirement that a permit
2912 for a sign be obtained under the provisions of this chapter but
2913 are required to comply with the provisions of s. 479.11(4)-(8):
2914 (16) Signs erected under the local tourist-oriented
2915 commerce program signs pilot program under s. 479.263.
2916 (17) Signs not in excess of 32 square feet placed
2917 temporarily during harvest season of a farm operation for a
2918 period of no more than 4 months at a road junction with the
2919 State Highway System denoting only the distance or direction of
2920 the farm operation. The temporary farm operation harvest sign
2921 provision under this subsection may not be implemented if the
2922 Federal Government notifies the department that implementation
2923 will adversely affect the allocation of federal funds to the
2924 department.
2925 Section 57. Section 479.263, Florida Statutes, is created
2926 to read:
2927 479.263 Tourist-oriented commerce signs pilot program.—The
2928 local tourist-oriented commerce signs pilot program is created
2929 in rural areas of critical economic concern as defined by s.
2930 288.0656(2)(d) and (e). Signs erected under this program do not
2931 require a permit under this chapter.
2932 (1) A local tourist-oriented business that is a small
2933 business as defined in s. 288.703 may erect a sign that meets
2934 the following criteria:
2935 (a) The signs are not more than 8 square feet in size or
2936 more than 4 feet in height.
2937 (b) The signs are located only in rural areas along
2938 highways that are not limited access highways.
2939 (c) The signs are located within 2 miles of the business
2940 location and not less than 500 feet apart.
2941 (d) The advertising copy on the signs consists only of the
2942 name of the business or the principal or accessory merchandise
2943 or services sold or furnished on the premises of the business.
2944 (2) A business placing such signs under this section:
2945 (a) Must be a minimum of 4 miles from any other business
2946 placing signs under this program.
2947 (b) May not participate in the logo sign program authorized
2948 under s. 479.261 or the tourist-oriented directional sign
2949 program authorized under s. 479.262.
2950 (3) Businesses that are conducted in a building principally
2951 used as a residence are not eligible to participate.
2952 (4) Each business utilizing this program shall notify the
2953 department in writing of its intent to do so prior to placing
2954 signs. The department shall maintain statistics of the
2955 businesses participating in the program. This program shall not
2956 take effect if the Federal Highway Administration advises the
2957 department in writing that implementation constitutes a loss of
2958 effective control of outdoor advertising.
2959 (5) This section expires June 30, 2016.
2960 Section 58. This act shall take effect July 1, 2011.