Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1363, 1st Eng.
       
       
       
       
       
       
                                Barcode 302038                          
       
                              LEGISLATIVE ACTION                        
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  20.23, Florida Statutes, is amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (3) There is created the Florida Statewide Passenger Rail
   11  Commission.
   12         (b) The commission shall have the primary and exclusive
   13  functions of:
   14         1. Monitoring the efficiency, productivity, and management
   15  of all publicly funded passenger rail systems in the state,
   16  including, but not limited to, any authority created under
   17  chapter 343, chapter 349, or chapter 163 if the authority
   18  receives public funds for providing the provision of passenger
   19  rail service. The commission shall advise each monitored
   20  authority of its findings and recommendations. The commission
   21  shall also conduct periodic reviews of each monitored
   22  authority’s passenger rail and associated transit operations and
   23  budget, acquisition of property, management of revenue and bond
   24  proceeds, and compliance with applicable laws and generally
   25  accepted accounting principles. The commission may seek the
   26  assistance of the Florida Transportation Commission Auditor
   27  General in conducting such reviews and shall report the findings
   28  of such reviews to the Legislature. This paragraph does not
   29  preclude the Florida Transportation Commission from conducting
   30  its performance and work program monitoring responsibilities.
   31         2. Advising the department on policies and strategies used
   32  in planning, designing, building, operating, financing, and
   33  maintaining a coordinated statewide system of passenger rail
   34  services.
   35         3. Evaluating passenger rail policies and providing advice
   36  and recommendations to the Legislature on passenger rail
   37  operations in the state.
   38         Section 2. Subsection (17) is added to section 120.80,
   39  Florida Statutes, to read:
   40         120.80 Exceptions and special requirements; agencies.—(17)
   41  DEPARTMENT OF TRANSPORTATION.- Sections 120.54(3)(b) and 120.541
   42  do not apply to the adjustment of tolls pursuant to s.
   43  338.165(3).
   44         Section 3. Paragraph (f) is added to subsection (4) of
   45  section 206.41, Florida Statutes, to read:
   46         206.41 State taxes imposed on motor fuel.—
   47         (4)
   48         (f) The portion of the tax imposed by paragraph (1)(g)
   49  which results from the collection of such taxes paid by a county
   50  sheriff on motor fuel or diesel fuel for use in a motor vehicle
   51  operated by the county sheriff shall be returned to the county
   52  sheriff for use by the county sheriff to offset the cost of
   53  motor fuel and diesel fuel to the county sheriff. A county
   54  sheriff, when licensed as a local government user, is entitled
   55  to take a credit on the monthly diesel fuel tax return not to
   56  exceed the tax imposed under paragraphs (1)(b) and (g) on those
   57  gallons that would otherwise be eligible for refund.
   58         Section 4. Section 206.625, Florida Statutes, is amended to
   59  read:
   60         206.625 Return of tax to municipalities, counties, and
   61  school districts, and county sheriffs.—
   62         (1) Those portions of the county fuel tax imposed by s.
   63  206.41(1)(b) which result from the collection of such tax paid
   64  by a municipality or county on motor fuel for use in a motor
   65  vehicle operated by it shall be returned to the governing body
   66  of each such municipality or county according to the
   67  administrative procedures in s. 206.41 for the construction,
   68  reconstruction, and maintenance of roads and streets within the
   69  respective municipality or county.
   70         (2) Those portions of the county fuel tax imposed by s.
   71  206.41(1)(b) which result from the collection of such tax paid
   72  by a school district, or by a private contractor operating
   73  school buses for a school district, on motor fuel for use in a
   74  motor vehicle operated by such district or private contractor
   75  shall be returned to the governing body of each such school
   76  district according to the administrative procedures in s. 206.41
   77  to be used to fund construction, reconstruction, and maintenance
   78  of roads and streets within the school district required as a
   79  result of new school construction or renovation of existing
   80  schools. The school board shall select the projects to be
   81  funded; however, first priority shall be given to projects
   82  required as the result of new school construction, unless a
   83  waiver is granted by the affected county or municipal
   84  government.
   85         (3) Those portions of the county fuel tax imposed by s.
   86  206.41(1)(b) which result from the collection of such tax paid
   87  by a county sheriff on motor fuel for use in a motor vehicle
   88  operated by the county sheriff shall be returned to the county
   89  sheriff to offset the cost of motor fuel to the county sheriff.
   90         Section 5. Paragraph (d) of subsection (1) of section
   91  212.055, Florida Statutes, is amended to read:
   92         212.055 Discretionary sales surtaxes; legislative intent;
   93  authorization and use of proceeds.—It is the legislative intent
   94  that any authorization for imposition of a discretionary sales
   95  surtax shall be published in the Florida Statutes as a
   96  subsection of this section, irrespective of the duration of the
   97  levy. Each enactment shall specify the types of counties
   98  authorized to levy; the rate or rates which may be imposed; the
   99  maximum length of time the surtax may be imposed, if any; the
  100  procedure which must be followed to secure voter approval, if
  101  required; the purpose for which the proceeds may be expended;
  102  and such other requirements as the Legislature may provide.
  103  Taxable transactions and administrative procedures shall be as
  104  provided in s. 212.054.
  105         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  106  SURTAX.—
  107         (d) Proceeds from the surtax shall be applied to as many or
  108  as few of the uses enumerated below in whatever combination the
  109  county commission deems appropriate:
  110         1. Deposited by the county in the trust fund and shall be
  111  used for the purposes of development, construction, equipment,
  112  maintenance, operation, supportive services, including a
  113  countywide bus system, on-demand transportation services, and
  114  related costs of a fixed guideway rapid transit system;
  115         2. Remitted by the governing body of the county to an
  116  expressway, transit, or transportation authority created by law
  117  to be used, at the discretion of such authority, for the
  118  development, construction, operation, or maintenance of roads or
  119  bridges in the county, for the operation and maintenance of a
  120  bus system, for the operation and maintenance of on-demand
  121  transportation services, for the payment of principal and
  122  interest on existing bonds issued for the construction of such
  123  roads or bridges, and, upon approval by the county commission,
  124  such proceeds may be pledged for bonds issued to refinance
  125  existing bonds or new bonds issued for the construction of such
  126  roads or bridges;
  127         3. Used by the county for the development, construction,
  128  operation, and maintenance of roads and bridges in the county;
  129  for the expansion, operation, and maintenance of bus and fixed
  130  guideway systems; for the expansion, operation, and maintenance
  131  of on-demand transportation services; and for the payment of
  132  principal and interest on bonds issued for the construction of
  133  fixed guideway rapid transit systems, bus systems, roads, or
  134  bridges; and such proceeds may be pledged by the governing body
  135  of the county for bonds issued to refinance existing bonds or
  136  new bonds issued for the construction of such fixed guideway
  137  rapid transit systems, bus systems, roads, or bridges and no
  138  more than 25 percent used for nontransit uses; and
  139         4. Used by the county for the planning, development,
  140  construction, operation, and maintenance of roads and bridges in
  141  the county; for the planning, development, expansion, operation,
  142  and maintenance of bus and fixed guideway systems; for the
  143  planning, development, construction, operation, and maintenance
  144  of on-demand transportation services; and for the payment of
  145  principal and interest on bonds issued for the construction of
  146  fixed guideway rapid transit systems, bus systems, roads, or
  147  bridges; and such proceeds may be pledged by the governing body
  148  of the county for bonds issued to refinance existing bonds or
  149  new bonds issued for the construction of such fixed guideway
  150  rapid transit systems, bus systems, roads, or bridges. Pursuant
  151  to an interlocal agreement entered into pursuant to chapter 163,
  152  the governing body of the county may distribute proceeds from
  153  the tax to a municipality, or an expressway or transportation
  154  authority created by law to be expended for the purpose
  155  authorized by this paragraph. Any county that has entered into
  156  interlocal agreements for distribution of proceeds to one or
  157  more municipalities in the county shall revise such interlocal
  158  agreements as necessary for the sole purpose of including no
  159  less than every 5 years in order to include any municipalities
  160  that have been created during the immediately preceding year,
  161  provided that any funds distributed to a new municipality must
  162  come from funds otherwise retained and used by the charter
  163  county, must be on a pro rata basis with the allocation of funds
  164  to the previously existing municipalities, and must not reduce
  165  the percentage allocation to the previously existing
  166  municipalities since the prior interlocal agreements were
  167  executed. Notwithstanding the foregoing, the first revision of
  168  interlocal agreements pursuant to this subparagraph shall
  169  include any municipality that has been created since the surtax
  170  was adopted by the charter county. Any charter county that seeks
  171  to terminate or substantially modify the distribution of funds
  172  to municipalities may do so only pursuant to approval by a
  173  majority vote of the electorate of the county.
  174         Section 6. Section 316.075, Florida Statutes, is amended to
  175  read:
  176         316.075 Traffic control signal devices.—
  177         (1) Except for automatic warning signal lights installed or
  178  to be installed at railroad crossings, whenever traffic,
  179  including municipal traffic, is controlled by traffic control
  180  signals exhibiting different colored lights, or colored lighted
  181  arrows, successively one at a time or in combination, only the
  182  colors green, red, and yellow shall be used, except for special
  183  pedestrian signals carrying a word legend, and the lights shall
  184  indicate and apply to drivers of vehicles and pedestrians as
  185  follows:
  186         (a) Green indication.—
  187         1. Vehicular traffic facing a circular green signal may
  188  proceed cautiously straight through or turn right or left unless
  189  a sign at such place prohibits either such turn. But vehicular
  190  traffic, including vehicles turning right or left, shall yield
  191  the right-of-way to other vehicles and to pedestrians lawfully
  192  within the intersection or an adjacent crosswalk at the time
  193  such signal is exhibited.
  194         2. Vehicular traffic facing a green arrow signal, shown
  195  alone or in combination with another indication, as directed by
  196  the manual, may cautiously enter the intersection only to make
  197  the movement indicated by such arrow, or such other movement as
  198  is permitted by other indications shown at the same time, except
  199  the driver of any vehicle may U-turn, so as to proceed in the
  200  opposite direction unless such movement is prohibited by posted
  201  traffic control signs. Such vehicular traffic shall yield the
  202  right-of-way to pedestrians lawfully within an adjacent
  203  crosswalk and to other traffic lawfully using the intersection.
  204         3. Unless otherwise directed by a pedestrian control signal
  205  as provided in s. 316.0755, pedestrians facing any green signal,
  206  except when the sole green signal is a turn arrow, may proceed
  207  across the roadway within any marked or unmarked crosswalk.
  208         (b) Steady yellow indication.—
  209         1. Vehicular traffic facing a steady yellow signal is
  210  thereby warned that the related green movement is being
  211  terminated or that a red indication will be exhibited
  212  immediately thereafter when vehicular traffic shall not enter
  213  the intersection.
  214         2. Pedestrians facing a steady yellow signal, unless
  215  otherwise directed by a pedestrian control signal as provided in
  216  s. 316.0755, are thereby advised that there is insufficient time
  217  to cross the roadway before a red indication is shown and no
  218  pedestrian shall start to cross the roadway.
  219         (c) Steady red indication.—
  220         1. Vehicular traffic facing a steady red signal shall stop
  221  before entering the crosswalk on the near side of the
  222  intersection or, if none, then before entering the intersection
  223  and shall remain standing until a green indication is shown;
  224  however:
  225         a. The driver of a vehicle which is stopped at a clearly
  226  marked stop line, but if none, before entering the crosswalk on
  227  the near side of the intersection, or, if none then at the point
  228  nearest the intersecting roadway where the driver has a view of
  229  approaching traffic on the intersecting roadway before entering
  230  the intersection in obedience to a steady red signal may make a
  231  right turn, but shall yield the right-of-way to pedestrians and
  232  other traffic proceeding as directed by the signal at the
  233  intersection, except that municipal and county authorities may
  234  prohibit any such right turn against a steady red signal at any
  235  intersection, which prohibition shall be effective when a sign
  236  giving notice thereof is erected in a location visible to
  237  traffic approaching the intersection.
  238         b. The driver of a vehicle on a one-way street that
  239  intersects another one-way street on which traffic moves to the
  240  left shall stop in obedience to a steady red signal, but may
  241  then make a left turn into the one-way street, but shall yield
  242  the right-of-way to pedestrians and other traffic proceeding as
  243  directed by the signal at the intersection, except that
  244  municipal and county authorities may prohibit any such left turn
  245  as described, which prohibition shall be effective when a sign
  246  giving notice thereof is attached to the traffic control signal
  247  device at the intersection.
  248         2.a. The driver of a vehicle facing a steady red signal
  249  shall stop before entering the crosswalk and remain stopped to
  250  allow a pedestrian, with a permitted signal, to cross a roadway
  251  when the pedestrian is in the crosswalk or steps into the
  252  crosswalk and is upon the half of the roadway upon which the
  253  vehicle is traveling or when the pedestrian is approaching so
  254  closely from the opposite half of the roadway as to be in
  255  danger.
  256         b. Unless otherwise directed by a pedestrian control signal
  257  as provided in s. 316.0755, pedestrians facing a steady red
  258  signal shall not enter the roadway.
  259         (2) In the event an official traffic control signal is
  260  erected and maintained at a place other than an intersection,
  261  the provisions of this section shall be applicable except as to
  262  those provisions which by their nature can have no application.
  263  Any stop required shall be made at a sign or marking on the
  264  pavement indicating where the stop shall be made, but in the
  265  absence of any such sign or marking the stop shall be made at
  266  the signal.
  267         (3)(a) A No traffic control signal device may not shall be
  268  used unless it exhibits which does not exhibit a yellow or
  269  “caution” light between the green or “go” signal and the red or
  270  “stop” signal. Whenever an engineering analysis is undertaken
  271  for the purpose of evaluating or reevaluating yellow and red
  272  signal display durations of a new or existing traffic control
  273  signal, the department and local authorities shall adhere to the
  274  following:
  275         1.The minimum yellow signal display duration on traffic
  276  control signals shall be based on the posted speed limit plus 10
  277  percent along with the standards set forth in the Institute of
  278  Transportation Engineers Traffic Engineering Handbook, sixth
  279  edition, published in March, 2009. The minimum yellow signal
  280  display duration shall be 3 seconds for traffic control signals
  281  on streets with a posted speed limit of 25 miles per hour or
  282  less. The minimum yellow signal display duration found after the
  283  evaluation or reevaluation under this paragraph shall be raised
  284  to the nearest half second not to exceed 6 seconds.
  285         2.Intersections with a posted speed limit greater than 55
  286  miles per hour shall have, on approach, a sign posted in
  287  accordance with the Department of Transportation’s manual of
  288  uniform traffic control devices to alert drivers to the traffic
  289  control signal.
  290         (b)No traffic control signal device shall display other
  291  than the color red at the top of the vertical signal, nor shall
  292  it display other than the color red at the extreme left of the
  293  horizontal signal.
  294         (c)To provide additional time before conflicting traffic
  295  movements proceed, the yellow signal display shall be followed
  296  by an all red clearance interval delaying the change of opposing
  297  red light signals. The duration of the clearance interval shall
  298  be determined by engineering practices as provided for in the
  299  Department of Transportation’s manual of uniform traffic control
  300  devices required under s. 316.0745. The duration of a red
  301  clearance interval may be extended from its predetermined value
  302  for a given cycle based upon the detection of a vehicle that is
  303  predicted to violate the red signal indication.
  304         (4) A violation of subsection (1) or subsection (2) this
  305  section is a noncriminal traffic infraction, punishable pursuant
  306  to chapter 318 as either a pedestrian violation or, if the
  307  infraction resulted from the operation of a vehicle, as a moving
  308  violation. However, a citation for a violation of subparagraph
  309  (1)(c)1. committed at an intersection where the traffic signal
  310  device does not meet all requirements under subsection (3) is
  311  unenforceable and the court, clerk of the court, designated
  312  official, or authorized operator of a traffic violations bureau
  313  shall dismiss the citation without penalty or assessment of
  314  points against the license of the person cited. Dismissal of the
  315  citation under this subsection does not affect the validity of
  316  any other citation or charge for a violation of law and the
  317  dismissal may not be used as evidence in any other civil or
  318  criminal proceeding. Intersections with traffic infraction
  319  detectors must meet the requirements in this section by December
  320  31, 2011, or any citations issued at the intersections that do
  321  not meet the requirements in this section shall be dismissed
  322  under this subsection. All other intersections must meet the
  323  requirements in this section by December 31, 2013, or any
  324  citations issued at the intersections that do not meet the
  325  requirements in this section shall be dismissed under this
  326  subsection. One-third of the total number of intersections must
  327  be examined and brought into compliance each year until all
  328  intersections are in compliance.
  329         Section 7. Subsection (4) of section 316.091, Florida
  330  Statutes, is amended, present subsection (5) of that section is
  331  renumbered as subsection (6), and a new subsection (5) is added
  332  to that section, to read:
  333         316.091 Limited access facilities; interstate highways; use
  334  restricted.—
  335         (4) No person shall operate a bicycle or other human
  336  powered vehicle on the roadway or along the shoulder of a
  337  limited access highway, including bridges, unless official signs
  338  and a designated marked bicycle lane are present at the entrance
  339  of the section of highway indicating that such use is permitted
  340  pursuant to a pilot program of the Department of Transportation
  341  an interstate highway.
  342         (5)The Department of Transportation shall establish a 2
  343  year pilot program, in three separate urban areas, in which it
  344  shall erect signs and designated marked bicycle lanes indicating
  345  highway approaches and bridge segments of limited access
  346  highways as open to use by operators of bicycles and other
  347  human-powered vehicles, under the following conditions:
  348         (a)The limited access highway approaches and bridge
  349  segments chosen must cross a river, lake, bay, inlet, or surface
  350  water where no street or highway crossing the water body is
  351  available for use within 2 miles of entrance to the limited
  352  access facility, as measured along the shortest public right-of
  353  way.
  354         (b)The Department of Transportation, with the concurrence
  355  of the Federal Highway Administration on interstate facilities,
  356  shall establish the three highway approaches and bridge segments
  357  for the pilot project by October 1, 2011. In selecting the
  358  highway approaches and bridge segments, the Department of
  359  Transportation shall consider, without limitation, a minimum
  360  size of population in the urban area within 5 miles of the
  361  highway approach and bridge segment, the lack of bicycle access
  362  by other means, cost, safety, and operational impacts.
  363         (c)The Department of Transportation shall begin the pilot
  364  program by erecting signs and designating marked bicycle lanes
  365  indicating highway approaches and bridge segments of limited
  366  access highway, as qualified by the conditions described in this
  367  subsection, as open to use by operators of bicycles and other
  368  human-powered vehicles no later than January 1, 2012.
  369         (d)The Department of Transportation shall conduct the
  370  pilot program for a minimum of 2 years following the
  371  implementation date. The department may continue to provide
  372  bicycle access on the highway approaches and bridge segments
  373  chosen for the pilot program or initiate bicycle access on other
  374  limited access facilities after the end of the program.
  375         (e) The Department of Transportation shall submit a report
  376  of its findings and recommendations from the pilot program to
  377  the Governor, the President of the Senate, and the Speaker of
  378  the House of Representatives by September 1, 2014. The report
  379  shall include, at a minimum, data of bicycle crashes occurring
  380  in designated segments of the pilot program, usage by operators
  381  of bicycles and other human-powered vehicles, enforcement
  382  issues, operational impacts, and the cost of the pilot program.
  383         Section 8. Subsection (5) of section 316.2068, Florida
  384  Statutes, is amended to read:
  385         316.2068 Electric personal assistive mobility devices;
  386  regulations.—
  387         (5) A county or municipality may prohibit the operation of
  388  electric personal assistive mobility devices on any road,
  389  street, sidewalk, or bicycle path under its jurisdiction if the
  390  governing body of the county or municipality determines that
  391  such a prohibition is necessary in the interest of safety.
  392         Section 9. Paragraph (b) of subsection (2) of section
  393  316.302, Florida Statutes, is amended to read:
  394         316.302 Commercial motor vehicles; safety regulations;
  395  transporters and shippers of hazardous materials; enforcement.—
  396         (2)
  397         (b) Except as provided in 49 C.F.R. s. 395.1, a person who
  398  operates a commercial motor vehicle solely in intrastate
  399  commerce not transporting any hazardous material in amounts that
  400  require placarding pursuant to 49 C.F.R. part 172 may not drive:
  401         1. More than 12 hours following 10 consecutive hours off
  402  duty; or
  403         2. For any period after the end of the 16th hour after
  404  coming on duty following 10 consecutive hours off duty.
  405  
  406         The provisions of This paragraph does do not apply to
  407  operators of farm labor vehicles during a state of emergency
  408  declared by the Governor or under s. 570.07(21) or to drivers of
  409  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  410         Section 10. Effective July 1, 2012, subsection (1) and
  411  paragraph (b) of subsection (2) of section 316.613, Florida
  412  Statutes, are amended, and subsection (6) is added to that
  413  section, to read:
  414         316.613 Child restraint requirements.—
  415         (1)(a) Each Every operator of a motor vehicle as defined
  416  herein, while transporting a child in a motor vehicle operated
  417  on the roadways, streets, or highways of this state, shall, if
  418  the child is 7 5 years of age or younger and is less than 4 feet
  419  9 inches in height, provide for protection of the child by
  420  properly using a crash-tested, federally approved child
  421  restraint device that is appropriate for the height and weight
  422  of the child. The device may include a vehicle manufacturer’s
  423  integrated child seat, a separate child safety seat, or a child
  424  booster seat that displays the child’s weight and height
  425  specifications for the seat on the attached manufacturer’s label
  426  as required by Federal Motor Vehicle Safety Standard No. 213.
  427  The device must comply with the standards of the United States
  428  Department of Transportation and be secured in the motor vehicle
  429  in accordance with the manufacturer’s instructions. The court
  430  may dismiss the charge against a motor vehicle operator for a
  431  first violation of this subsection upon proof that a federally
  432  approved child restraint device has been purchased or otherwise
  433  obtained.
  434         (b) For children aged through 3 years, such restraint
  435  device must be a separate carrier or a vehicle manufacturer’s
  436  integrated child seat.
  437         (c) For children aged 4 through 7 5 years who are less than
  438  4 feet 9 inches in height, a separate carrier, an integrated
  439  child seat, or a child booster seat belt may be used. However,
  440  the requirement to use a child booster seat does not apply when
  441  a separate carrier, integrated child seat, or seat belt as
  442  required in s. 316.614(4)(a) is used and the person is:
  443         1.Transporting the child gratuitously and in good faith in
  444  response to a declared emergency situation or an immediate
  445  emergency involving the child; or
  446         2. Transporting a child whose medical condition
  447  necessitates an exception as evidenced by appropriate
  448  documentation from a health professional.
  449         (d)(b) The Division of Motor Vehicles shall provide notice
  450  of the requirement for child restraint devices, which notice
  451  shall accompany the delivery of each motor vehicle license tag.
  452         (2) As used in this section, the term “motor vehicle” means
  453  a motor vehicle as defined in s. 316.003 that is operated on the
  454  roadways, streets, and highways of the state. The term does not
  455  include:
  456         (b) A bus or a passenger vehicle designed to accommodate 10
  457  or more persons and used for the transportation of persons for
  458  compensation, other than a bus regularly used to transport
  459  children to or from school, as defined in s. 316.615(1)(b), or
  460  in conjunction with school activities.
  461         (6) It is the legislative intent that the child-restraint
  462  requirements imposed by this section shall not apply to a
  463  chauffeur-driven taxi, limousine, sedan, van, bus, motor coach,
  464  or other passenger vehicle if the operator and the motor vehicle
  465  are hired and used for transporting persons for compensation. It
  466  shall be the obligation and responsibility of the parent,
  467  guardian, or other person responsible for a child’s welfare as
  468  defined in s. 39.01(47), to comply with the requirements of this
  469  section.
  470         Section 11. Effective July 1, 2011, a driver of a motor
  471  vehicle who does not violate the then-existing provisions of s.
  472  316.613(1)(c), Florida Statutes, but whose conduct would violate
  473  that provision, as amended July 1, 2012, shall be issued a
  474  verbal warning and given educational literature by a law
  475  enforcement officer.
  476         Section 12. Subsection (17) of section 331.303, Florida
  477  Statutes, is amended to read:
  478         331.303 Definitions.—
  479         (17) “Spaceport launch support facilities” means industrial
  480  facilities as described in s. 380.0651(3)(c) and includes
  481  include any launch pad, launch control center, and fixed launch
  482  support equipment, facilities located at launch sites or launch
  483  ranges that are required to support launch activities, including
  484  launch vehicle assembly, launch vehicle operations and control,
  485  communications, flight safety functions, and payload operations,
  486  control, and processing, as defined in chapter 84 of Title 15 of
  487  the United States Code, Commercial Space Competitiveness, 15
  488  U.S.C. s. 5802, launch support infrastructure, and
  489  transportation infrastructure necessary to support space launch
  490  activities.
  491         Section 13. Section 334.03, Florida Statutes, is amended to
  492  read:
  493         334.03 Definitions.—When used in the Florida Transportation
  494  Code, the term:
  495         (1)(37) “511” or “511 services” means three-digit
  496  telecommunications dialing to access interactive voice response
  497  telephone traveler information services provided in the state as
  498  defined by the Federal Communications Commission in FCC Order
  499  No. 00-256, July 31, 2000.
  500         (1) “Arterial road” means a route providing service which
  501  is relatively continuous and of relatively high traffic volume,
  502  long average trip length, high operating speed, and high
  503  mobility importance. In addition, every United States numbered
  504  highway is an arterial road.
  505         (2)(2) “Bridge” means a structure, including supports,
  506  erected over a depression or an obstruction, such as water or a
  507  highway or railway, and having a track or passageway for
  508  carrying traffic as defined in chapter 316 or other moving
  509  loads.
  510         (3) “City street system” means all local roads within a
  511  municipality that were under the jurisdiction of that
  512  municipality on June 10, 1995; roads constructed by a
  513  municipality for that municipality’s street system; roads
  514  completely within an area annexed by the municipality, unless
  515  otherwise provided by mutual consent; and roads transferred to
  516  the municipality’s jurisdiction after June 10, 1995, by mutual
  517  consent with another governmental entity, but not roads so
  518  transferred from the municipality’s jurisdiction, and all
  519  collector roads inside that municipality, which are not in the
  520  county road system.
  521         (4)“Collector road” means a route providing service which
  522  is of relatively moderate average traffic volume, moderately
  523  average trip length, and moderately average operating speed.
  524  Such a route also collects and distributes traffic between local
  525  roads or arterial roads and serves as a linkage between land
  526  access and mobility needs.
  527         (4)(5) “Commissioners” means the governing body of a
  528  county.
  529         (5)(6) “Consolidated metropolitan statistical area” means
  530  two or more metropolitan statistical areas that are socially and
  531  economically interrelated as defined by the United States Bureau
  532  of the Census.
  533         (6)(7)“Controlled access facility” means a street or
  534  highway to which the right of access is highly regulated by the
  535  governmental entity having jurisdiction over the facility in
  536  order to maximize the operational efficiency and safety of the
  537  high-volume through traffic utilizing the facility. Owners or
  538  occupants of abutting lands and other persons have a right of
  539  access to or from such facility at such points only and in such
  540  manner as may be determined by the governmental entity.
  541         (7)(8) “County road system” means all roads within a county
  542  that were under the jurisdiction of that county on June 10,
  543  1995; roads constructed by a county for that county’s road
  544  system; and roads transferred to the county’s jurisdiction after
  545  June 10, 1995, by mutual consent with another governmental
  546  entity, but, except as otherwise provided by mutual consent, not
  547  roads transferred from the county’s jurisdiction by mutual
  548  consent or roads that are completely within an area annexed by a
  549  municipality collector roads in the unincorporated areas of a
  550  county and all extensions of such collector roads into and
  551  through any incorporated areas, all local roads in the
  552  unincorporated areas, and all urban minor arterial roads not in
  553  the State Highway System.
  554         (8)(9) “Department” means the Department of Transportation.
  555         (10) “Florida Intrastate Highway System” means a system of
  556  limited access and controlled access facilities on the State
  557  Highway System which have the capacity to provide high-speed and
  558  high-volume traffic movements in an efficient and safe manner.
  559         (9)(11) “Functional classification” means the assignment of
  560  roads into systems according to the character of service they
  561  provide in relation to the total road network using procedures
  562  developed by the Federal Highway Administration. Basic
  563  functional categories include arterial roads, collector roads,
  564  and local roads which may be subdivided into principal, major,
  565  or minor levels. Those levels may be additionally divided into
  566  rural and urban categories.
  567         (10)(12) “Governmental entity” means a unit of government,
  568  or any officially designated public agency or authority of a
  569  unit of government, that has the responsibility for planning,
  570  construction, operation, or maintenance or jurisdiction over
  571  transportation facilities; the term includes the Federal
  572  Government, the state government, a county, an incorporated
  573  municipality, a metropolitan planning organization, an
  574  expressway or transportation authority, a road and bridge
  575  district, a special road and bridge district, and a regional
  576  governmental unit.
  577         (11)(38) “Interactive voice response” means a software
  578  application that accepts a combination of voice telephone input
  579  and touch-tone keypad selection and provides appropriate
  580  responses in the form of voice, fax, callback, e-mail, and other
  581  media.
  582         (12)(13) “Limited access facility” means a street or
  583  highway especially designed for through traffic, and over, from,
  584  or to which owners or occupants of abutting land or other
  585  persons have no right or easement of access, light, air, or view
  586  by reason of the fact that their property abuts upon such
  587  limited access facility or for any other reason. Such highways
  588  or streets may be facilities from which trucks, buses, and other
  589  commercial vehicles are excluded; or they may be facilities open
  590  to use by all customary forms of street and highway traffic.
  591         (13)(14) “Local governmental entity” means a unit of
  592  government with less than statewide jurisdiction, or any
  593  officially designated public agency or authority of such a unit
  594  of government, that has the responsibility for planning,
  595  construction, operation, or maintenance of, or jurisdiction
  596  over, a transportation facility; the term includes, but is not
  597  limited to, a county, an incorporated municipality, a
  598  metropolitan planning organization, an expressway or
  599  transportation authority, a road and bridge district, a special
  600  road and bridge district, and a regional governmental unit.
  601         (15)“Local road” means a route providing service which is
  602  of relatively low average traffic volume, short average trip
  603  length or minimal through-traffic movements, and high land
  604  access for abutting property.
  605         (14)(16) “Metropolitan area” means a geographic region
  606  comprising as a minimum the existing urbanized area and the
  607  contiguous area projected to become urbanized within a 20-year
  608  forecast period. The boundaries of a metropolitan area may be
  609  designated so as to encompass a metropolitan statistical area or
  610  a consolidated metropolitan statistical area. If a metropolitan
  611  area, or any part thereof, is located within a nonattainment
  612  area, the boundaries of the metropolitan area must be designated
  613  so as to include the boundaries of the entire nonattainment
  614  area, unless otherwise provided by agreement between the
  615  applicable metropolitan planning organization and the Governor.
  616         (15)(17) “Metropolitan statistical area” means an area that
  617  includes a municipality of 50,000 persons or more, or an
  618  urbanized area of at least 50,000 persons as defined by the
  619  United States Bureau of the Census, provided that the component
  620  county or counties have a total population of at least 100,000.
  621         (16)(18) “Nonattainment area” means an area designated by
  622  the United States Environmental Protection Agency, pursuant to
  623  federal law, as exceeding national primary or secondary ambient
  624  air quality standards for the pollutants carbon monoxide or
  625  ozone.
  626         (17)(19) “Periodic maintenance” means activities that are
  627  large in scope and require a major work effort to restore
  628  deteriorated components of the transportation system to a safe
  629  and serviceable condition, including, but not limited to, the
  630  repair of large bridge structures, major repairs to bridges and
  631  bridge systems, and the mineral sealing of lengthy sections of
  632  roadway.
  633         (18)(20) “Person” means any person described in s. 1.01 or
  634  any unit of government in or outside the state.
  635         (19)(21) “Right of access” means the right of ingress to a
  636  highway from abutting land and egress from a highway to abutting
  637  land.
  638         (20)(22) “Right-of-way” means land in which the state, the
  639  department, a county, or a municipality owns the fee or has an
  640  easement devoted to or required for use as a transportation
  641  facility.
  642         (21)(23) “Road” means a way open to travel by the public,
  643  including, but not limited to, a street, highway, or alley. The
  644  term includes associated sidewalks, the roadbed, the right-of
  645  way, and all culverts, drains, sluices, ditches, water storage
  646  areas, waterways, embankments, slopes, retaining walls, bridges,
  647  tunnels, and viaducts necessary for the maintenance of travel
  648  and all ferries used in connection therewith.
  649         (22)(24) “Routine maintenance” means minor repairs and
  650  associated tasks necessary to maintain a safe and efficient
  651  transportation system. The term includes: pavement patching;
  652  shoulder repair; cleaning and repair of drainage ditches,
  653  traffic signs, and structures; mowing; bridge inspection and
  654  maintenance; pavement striping; litter cleanup; and other
  655  similar activities.
  656         (23)(25) “State Highway System” means the following, which
  657  shall be facilities to which access is regulated:
  658         (a) the interstate system and all other roads within the
  659  state which were under the jurisdiction of the state on June 10,
  660  1995, and roads constructed by an agency of the state for the
  661  State Highway System, and roads transferred to the state’s
  662  jurisdiction after that date by mutual consent with another
  663  governmental entity, but not roads so transferred from the
  664  state’s jurisdiction. Such facilities shall be facilities to
  665  which access is regulated.;
  666         (b)All rural arterial routes and their extensions into and
  667  through urban areas;
  668         (c)All urban principal arterial routes; and
  669         (d)The urban minor arterial mileage on the existing State
  670  Highway System as of July 1, 1987, plus additional mileage to
  671  comply with the 2-percent requirement as described below.
  672  
  673         However, not less than 2 percent of the public road mileage
  674  of each urbanized area on record as of June 30, 1986, shall be
  675  included as minor arterials in the State Highway System.
  676  Urbanized areas not meeting the foregoing minimum requirement
  677  shall have transferred to the State Highway System additional
  678  minor arterials of the highest significance in which case the
  679  total minor arterials in the State Highway System from any
  680  urbanized area shall not exceed 2.5 percent of that area’s total
  681  public urban road mileage.
  682         (24)(26) “State Park Road System” means roads embraced
  683  within the boundaries of state parks and state roads leading to
  684  state parks, other than roads of the State Highway System, the
  685  county road systems, or the city street systems.
  686         (25)(27) “State road” means a street, road, highway, or
  687  other way open to travel by the public generally and dedicated
  688  to the public use according to law or by prescription and
  689  designated by the department, as provided by law, as part of the
  690  State Highway System.
  691         (26)(28) “Structure” means a bridge, viaduct, tunnel,
  692  causeway, approach, ferry slip, culvert, toll plaza, gate, or
  693  other similar facility used in connection with a transportation
  694  facility.
  695         (27)(29) “Sufficiency rating” means the objective rating of
  696  a road or section of a road for the purpose of determining its
  697  capability to serve properly the actual or anticipated volume of
  698  traffic using the road.
  699         (28)(30) “Transportation corridor” means any land area
  700  designated by the state, a county, or a municipality which is
  701  between two geographic points and which area is used or suitable
  702  for the movement of people and goods by one or more modes of
  703  transportation, including areas necessary for management of
  704  access and securing applicable approvals and permits.
  705  Transportation corridors shall contain, but are not limited to,
  706  the following:
  707         (a) Existing publicly owned rights-of-way;
  708         (b) All property or property interests necessary for future
  709  transportation facilities, including rights of access, air,
  710  view, and light, whether public or private, for the purpose of
  711  securing and utilizing future transportation rights-of-way,
  712  including, but not limited to, any lands reasonably necessary
  713  now or in the future for securing applicable approvals and
  714  permits, borrow pits, drainage ditches, water retention areas,
  715  rest areas, replacement access for landowners whose access could
  716  be impaired due to the construction of a future facility, and
  717  replacement rights-of-way for relocation of rail and utility
  718  facilities.
  719         (29)(31) “Transportation facility” means any means for the
  720  transportation of people or property from place to place which
  721  is constructed, operated, or maintained in whole or in part from
  722  public funds. The term includes the property or property rights,
  723  both real and personal, which have been or may be established by
  724  public bodies for the transportation of people or property from
  725  place to place.
  726         (30)(32) “Urban area” means a geographic region comprising
  727  as a minimum the area inside the United States Bureau of the
  728  Census boundary of an urban place with a population of 5,000 or
  729  more persons, expanded to include adjacent developed areas as
  730  provided for by Federal Highway Administration regulations.
  731         (33)“Urban minor arterial road” means a route that
  732  generally interconnects with and augments an urban principal
  733  arterial road and provides service to trips of shorter length
  734  and a lower level of travel mobility. The term includes all
  735  arterials not classified as “principal” and contain facilities
  736  that place more emphasis on land access than the higher system.
  737         (31)(34) “Urban place” means a geographic region composed
  738  of one or more contiguous census tracts that have been found by
  739  the United States Bureau of the Census to contain a population
  740  density of at least 1,000 persons per square mile.
  741         (35)“Urban principal arterial road” means a route that
  742  generally serves the major centers of activity of an urban area,
  743  the highest traffic volume corridors, and the longest trip
  744  purpose and carries a high proportion of the total urban area
  745  travel on a minimum of mileage. Such roads are integrated, both
  746  internally and between major rural connections.
  747         (32)(36) “Urbanized area” means a geographic region
  748  comprising as a minimum the area inside an urban place of 50,000
  749  or more persons, as designated by the United States Bureau of
  750  the Census, expanded to include adjacent developed areas as
  751  provided for by Federal Highway Administration regulations.
  752  Urban areas with a population of fewer than 50,000 persons which
  753  are located within the expanded boundary of an urbanized area
  754  are not separately recognized.
  755         Section 14. Subsections (11), (13), (26), and (33) of
  756  section 334.044, Florida Statutes, are amended to read:
  757         334.044 Department; powers and duties.—The department shall
  758  have the following general powers and duties:
  759         (11) To establish a numbering system for public roads and,
  760  to functionally classify such roads, and to assign
  761  jurisdictional responsibility.
  762         (13) To designate existing and to plan proposed
  763  transportation facilities as part of the State Highway System,
  764  and to construct, maintain, and operate such facilities.
  765         (26) To provide for the enhancement of environmental
  766  benefits, including air and water quality; to prevent roadside
  767  erosion; to conserve the natural roadside growth and scenery;
  768  and to provide for the implementation and maintenance of
  769  roadside conservation, enhancement, and stabilization programs.
  770  No more less than 1.5 percent of the amount contracted for
  771  construction projects that add capacity or provide significant
  772  enhancements to the existing system, excluding resurfacing
  773  projects, shall be allocated by the department for the purchase
  774  of plant materials., with, To the greatest extent practical, a
  775  minimum of 50 percent of these funds shall be allocated for
  776  large plant materials and the remaining funds for other plant
  777  materials. All such plant materials shall be purchased from
  778  Florida commercial nursery stock in this state on a uniform
  779  competitive bid basis. The department will develop grades and
  780  standards for landscaping materials purchased through this
  781  process. To accomplish these activities, the department may
  782  contract with nonprofit organizations having the primary purpose
  783  of developing youth employment opportunities.
  784         (33) To enter into agreement with Space Florida to
  785  coordinate and cooperate in the development of spaceport
  786  infrastructure as defined in s. 331.303(10) and (17) and related
  787  transportation facilities contained in the Strategic Intermodal
  788  System Plan and, where appropriate, encourage the cooperation
  789  and integration of airports and spaceports in order to meet
  790  transportation-related needs.
  791         Section 15. Section 334.047, Florida Statutes, is amended
  792  to read:
  793         334.047 Prohibition.—Notwithstanding any other provision of
  794  law to the contrary, the Department of Transportation may not
  795  establish a cap on the number of miles in the State Highway
  796  System or a maximum number of miles of urban principal arterial
  797  roads, as defined in s. 334.03, within a district or county.
  798         Section 16. Subsection (5) of section 336.021, Florida
  799  Statutes, is amended to read:
  800         336.021 County transportation system; levy of ninth-cent
  801  fuel tax on motor fuel and diesel fuel.—
  802         (5) All impositions of the tax shall be levied before
  803  October July 1 of each year to be effective January 1 of the
  804  following year. However, levies of the tax which were in effect
  805  on July 1, 2002, and which expire on August 31 of any year may
  806  be reimposed at the current authorized rate to be effective
  807  September 1 of the year of expiration. All impositions shall be
  808  required to end on December 31 of a year. A decision to rescind
  809  the tax shall not take effect on any date other than December 31
  810  and shall require a minimum of 60 days’ notice to the department
  811  of such decision.
  812         Section 17. Paragraphs (a) and (b) of subsection (1),
  813  paragraph (a) of subsection (5), and paragraphs (d) and (e) of
  814  subsection (7) of section 336.025, Florida Statutes, are amended
  815  to read:
  816         336.025 County transportation system; levy of local option
  817  fuel tax on motor fuel and diesel fuel.—
  818         (1)(a) In addition to other taxes allowed by law, there may
  819  be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
  820  cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
  821  fuel tax upon every gallon of motor fuel and diesel fuel sold in
  822  a county and taxed under the provisions of part I or part II of
  823  chapter 206.
  824         1. All impositions and rate changes of the tax shall be
  825  levied before October 1 July 1 to be effective January 1 of the
  826  following year for a period not to exceed 30 years, and the
  827  applicable method of distribution shall be established pursuant
  828  to subsection (3) or subsection (4). However, levies of the tax
  829  which were in effect on July 1, 2002, and which expire on August
  830  31 of any year may be reimposed at the current authorized rate
  831  effective September 1 of the year of expiration. Upon
  832  expiration, the tax may be relevied provided that a
  833  redetermination of the method of distribution is made as
  834  provided in this section.
  835         2. County and municipal governments shall utilize moneys
  836  received pursuant to this paragraph only for transportation
  837  expenditures.
  838         3. Any tax levied pursuant to this paragraph may be
  839  extended on a majority vote of the governing body of the county.
  840  A redetermination of the method of distribution shall be
  841  established pursuant to subsection (3) or subsection (4), if,
  842  after July 1, 1986, the tax is extended or the tax rate changed,
  843  for the period of extension or for the additional tax.
  844         (b) In addition to other taxes allowed by law, there may be
  845  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  846  4-cent, or 5-cent local option fuel tax upon every gallon of
  847  motor fuel sold in a county and taxed under the provisions of
  848  part I of chapter 206. The tax shall be levied by an ordinance
  849  adopted by a majority plus one vote of the membership of the
  850  governing body of the county or by referendum.
  851         1. All impositions and rate changes of the tax shall be
  852  levied before October 1 July 1, to be effective January 1 of the
  853  following year. However, levies of the tax which were in effect
  854  on July 1, 2002, and which expire on August 31 of any year may
  855  be reimposed at the current authorized rate effective September
  856  1 of the year of expiration.
  857         2. The county may, prior to levy of the tax, establish by
  858  interlocal agreement with one or more municipalities located
  859  therein, representing a majority of the population of the
  860  incorporated area within the county, a distribution formula for
  861  dividing the entire proceeds of the tax among county government
  862  and all eligible municipalities within the county. If no
  863  interlocal agreement is adopted before the effective date of the
  864  tax, tax revenues shall be distributed pursuant to the
  865  provisions of subsection (4). If no interlocal agreement exists,
  866  a new interlocal agreement may be established prior to June 1 of
  867  any year pursuant to this subparagraph. However, any interlocal
  868  agreement agreed to under this subparagraph after the initial
  869  levy of the tax or change in the tax rate authorized in this
  870  section shall under no circumstances materially or adversely
  871  affect the rights of holders of outstanding bonds which are
  872  backed by taxes authorized by this paragraph, and the amounts
  873  distributed to the county government and each municipality shall
  874  not be reduced below the amount necessary for the payment of
  875  principal and interest and reserves for principal and interest
  876  as required under the covenants of any bond resolution
  877  outstanding on the date of establishment of the new interlocal
  878  agreement.
  879         3. County and municipal governments shall use moneys
  880  received pursuant to this paragraph for transportation
  881  expenditures needed to meet the requirements of the capital
  882  improvements element of an adopted comprehensive plan or for
  883  expenditures needed to meet immediate local transportation
  884  problems and for other transportation-related expenditures that
  885  are critical for building comprehensive roadway networks by
  886  local governments. For purposes of this paragraph, expenditures
  887  for the construction of new roads, the reconstruction or
  888  resurfacing of existing paved roads, or the paving of existing
  889  graded roads shall be deemed to increase capacity and such
  890  projects shall be included in the capital improvements element
  891  of an adopted comprehensive plan. Expenditures for purposes of
  892  this paragraph shall not include routine maintenance of roads.
  893         (5)(a) By October 1 July 1 of each year, the county shall
  894  notify the Department of Revenue of the rate of the taxes levied
  895  pursuant to paragraphs (1)(a) and (b), and of its decision to
  896  rescind or change the rate of a tax, if applicable, and shall
  897  provide the department with a certified copy of the interlocal
  898  agreement established under subparagraph (1)(b)2. or
  899  subparagraph (3)(a)1. with distribution proportions established
  900  by such agreement or pursuant to subsection (4), if applicable.
  901  A decision to rescind a tax shall not take effect on any date
  902  other than December 31 and shall require a minimum of 60 days’
  903  notice to the Department of Revenue of such decision.
  904         (7) For the purposes of this section, “transportation
  905  expenditures” means expenditures by the local government from
  906  local or state shared revenue sources, excluding expenditures of
  907  bond proceeds, for the following programs:
  908         (d) Street lighting installation, operation, maintenance,
  909  and repair.
  910         (e) Traffic signs, traffic engineering, signalization, and
  911  pavement markings, installation, operation, maintenance, and
  912  repair.
  913         Section 18. Subsection (4) of section 337.111, Florida
  914  Statutes, is amended to read:
  915         337.111 Contracting for monuments and memorials to military
  916  veterans at rest areas.—The Department of Transportation is
  917  authorized to enter into contract with any not-for-profit group
  918  or organization that has been operating for not less than 2
  919  years for the installation of monuments and memorials honoring
  920  Florida’s military veterans at highway rest areas around the
  921  state pursuant to the provisions of this section.
  922         (4) The group or organization making the proposal shall
  923  provide a 10-year bond, an annual renewable bond, an irrevocable
  924  letter of credit, or other form of security as approved by the
  925  department’s comptroller, for the purpose of securing the cost
  926  of removal of the monument and any modifications made to the
  927  site as part of the placement of the monument should the
  928  Department of Transportation determine it necessary to remove or
  929  relocate the monument. Such removal or relocation shall be
  930  approved by the committee described in subsection (1). Prior to
  931  expiration, the bond shall be renewed for another 10-year period
  932  if the memorial is to remain in place.
  933         Section 19. Section 337.403, Florida Statutes, is amended
  934  to read:
  935         337.403 Interference caused by Relocation of utility;
  936  expenses.—
  937         (1) When a Any utility heretofore or hereafter placed upon,
  938  under, over, or along any public road or publicly owned rail
  939  corridor that is found by the authority to be unreasonably
  940  interfering in any way with the convenient, safe, or continuous
  941  use, or the maintenance, improvement, extension, or expansion,
  942  of such public road or publicly owned rail corridor, the utility
  943  owner shall, upon 30 days’ written notice to the utility or its
  944  agent by the authority, initiate the work necessary to alleviate
  945  the interference be removed or relocated by such utility at its
  946  own expense except as provided in paragraphs (a)-(f). The work
  947  shall be completed within such reasonable time as stated in the
  948  notice or such time as agreed to by the authority and the
  949  utility owner.
  950         (a) If the relocation of utility facilities, as referred to
  951  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  952  627 of the 84th Congress, is necessitated by the construction of
  953  a project on the federal-aid interstate system, including
  954  extensions thereof within urban areas, and the cost of the
  955  project is eligible and approved for reimbursement by the
  956  Federal Government to the extent of 90 percent or more under the
  957  Federal Aid Highway Act, or any amendment thereof, then in that
  958  event the utility owning or operating such facilities shall
  959  perform any necessary work relocate the facilities upon notice
  960  from order of the department, and the state shall pay the entire
  961  expense properly attributable to such work relocation after
  962  deducting therefrom any increase in the value of any the new
  963  facility and any salvage value derived from any the old
  964  facility.
  965         (b) When a joint agreement between the department and the
  966  utility is executed for utility improvement, relocation, or
  967  removal work to be accomplished as part of a contract for
  968  construction of a transportation facility, the department may
  969  participate in those utility work improvement, relocation, or
  970  removal costs that exceed the department’s official estimate of
  971  the cost of the work by more than 10 percent. The amount of such
  972  participation shall be limited to the difference between the
  973  official estimate of all the work in the joint agreement plus 10
  974  percent and the amount awarded for this work in the construction
  975  contract for such work. The department may not participate in
  976  any utility work improvement, relocation, or removal costs that
  977  occur as a result of changes or additions during the course of
  978  the contract.
  979         (c) When an agreement between the department and utility is
  980  executed for utility improvement, relocation, or removal work to
  981  be accomplished in advance of a contract for construction of a
  982  transportation facility, the department may participate in the
  983  cost of clearing and grubbing necessary to perform such work.
  984         (d) If the utility facility involved being removed or
  985  relocated was initially installed to exclusively serve the
  986  department, its tenants, or both, the department shall bear the
  987  costs of the utility work removing or relocating that utility
  988  facility. However, the department is not responsible for bearing
  989  the cost of utility work related to removing or relocating any
  990  subsequent additions to that facility for the purpose of serving
  991  others.
  992         (e) If, under an agreement between a utility and the
  993  authority entered into after July 1, 2009, the utility conveys,
  994  subordinates, or relinquishes a compensable property right to
  995  the authority for the purpose of accommodating the acquisition
  996  or use of the right-of-way by the authority, without the
  997  agreement expressly addressing future responsibility for the
  998  cost of necessary utility work removing or relocating the
  999  utility, the authority shall bear the cost of removal or
 1000  relocation. This paragraph does not impair or restrict, and may
 1001  not be used to interpret, the terms of any such agreement
 1002  entered into before July 1, 2009.
 1003         (f) If the utility is an electric facility being relocated
 1004  underground in order to enhance vehicular, bicycle, and
 1005  pedestrian safety and in which ownership of the electric
 1006  facility to be placed underground has been transferred from a
 1007  private to a public utility within the past 5 years, the
 1008  department shall incur all costs of the necessary utility work
 1009  relocation.
 1010         (2) If such utility work removal or relocation is
 1011  incidental to work to be done on such road or publicly owned
 1012  rail corridor, the notice shall be given at the same time the
 1013  contract for the work is advertised for bids, or no less than 30
 1014  days prior to the commencement of such work by the authority,
 1015  whichever is greater.
 1016         (3) Whenever the notice from an order of the authority
 1017  requires such utility work removal or change in the location of
 1018  any utility from the right-of-way of a public road or publicly
 1019  owned rail corridor, and the owner thereof fails perform the
 1020  work to remove or change the same at his or her own expense to
 1021  conform to the order within the time stated in the notice or
 1022  such other time as agreed to by the authority and the utility
 1023  owner, the authority shall proceed to cause the utility work to
 1024  be performed to be removed. The expense thereby incurred shall
 1025  be paid out of any money available therefor, and such expense
 1026  shall, except as provided in subsection (1), be charged against
 1027  the owner and levied and collected and paid into the fund from
 1028  which the expense of such relocation was paid.
 1029         Section 20. Subsection (1) of section 337.404, Florida
 1030  Statutes, is amended to read:
 1031         337.404 Removal or relocation of utility facilities; notice
 1032  and order; court review.—
 1033         (1) Whenever it shall become necessary for the authority to
 1034  perform utility work remove or relocate any utility as provided
 1035  in s. 337.403 the preceding section, the owner of the utility,
 1036  or the owner’s chief agent, shall be given notice that the
 1037  authority will perform of such work removal or relocation and,
 1038  after the work is complete, shall be given an order requiring
 1039  the payment of the cost thereof, and a shall be given reasonable
 1040  time, which shall not be less than 20 nor more than 30 days, in
 1041  which to appear before the authority to contest the
 1042  reasonableness of the order. Should the owner or the owner’s
 1043  representative not appear, the determination of the cost to the
 1044  owner shall be final. Authorities considered agencies for the
 1045  purposes of chapter 120 shall adjudicate removal or relocation
 1046  of utilities pursuant to chapter 120.
 1047         Section 21. Subsections (1) and (4) of section 337.408,
 1048  Florida Statutes, are amended to read:
 1049         337.408 Regulation of bus stop benches, transit shelters,
 1050  street light poles, waste disposal receptacles, and modular news
 1051  racks within rights-of-way.—
 1052         (1) Benches or transit shelters, including advertising
 1053  displayed on benches or transit shelters, may be installed
 1054  within the right-of-way limits of any municipal, county, or
 1055  state road, except a limited access highway, provided that such
 1056  benches or transit shelters are for the comfort or convenience
 1057  of the general public or are at designated stops on official bus
 1058  routes and provided that written authorization has been given to
 1059  a qualified private supplier of such service by the municipal
 1060  government within whose incorporated limits such benches or
 1061  transit shelters are installed or by the county government
 1062  within whose unincorporated limits such benches or transit
 1063  shelters are installed. A municipality or county may authorize
 1064  the installation, without public bid, of benches and transit
 1065  shelters together with advertising displayed thereon within the
 1066  right-of-way limits of such roads. All installations shall be in
 1067  compliance with all applicable laws and rules including, without
 1068  limitation, the Americans with Disabilities Act. Municipalities
 1069  and counties shall indemnify, defend, and hold harmless the
 1070  department from any suits, actions, proceedings, claims, losses,
 1071  costs, charges, expenses, damages, liabilities, attorney’s fees,
 1072  and court costs relating to the installation, removal, or
 1073  relocation of such installations. Any contract for the
 1074  installation of benches or transit shelters or advertising on
 1075  benches or transit shelters which was entered into before April
 1076  8, 1992, without public bidding is ratified and affirmed. Such
 1077  benches or transit shelters may not interfere with right-of-way
 1078  preservation and maintenance. Any bench or transit shelter
 1079  located on a sidewalk within the right-of-way limits of any road
 1080  on the State Highway System or the county road system shall be
 1081  located so as to leave at least 36 inches of clearance for
 1082  pedestrians and persons in wheelchairs. Such clearance shall be
 1083  measured in a direction perpendicular to the centerline of the
 1084  road.
 1085         (4) The department has the authority to direct the
 1086  immediate relocation or removal of any bus stop bench, transit
 1087  shelter, waste disposal receptacle, public pay telephone, or
 1088  modular news rack that endangers life or property, or that is
 1089  otherwise not in compliance with applicable laws and rules,
 1090  except that transit bus benches that were placed in service
 1091  before April 1, 1992, are not required to comply with bench size
 1092  and advertising display size requirements established by the
 1093  department before March 1, 1992. If a municipality or county
 1094  fails to comply with the department’s direction, the department
 1095  shall remove the noncompliant installation, charge the cost of
 1096  the removal to the municipality or county, and may deduct or
 1097  offset such cost from any other funding available to the
 1098  municipality or county from the department. Any transit bus
 1099  bench that was in service before April 1, 1992, may be replaced
 1100  with a bus bench of the same size or smaller, if the bench is
 1101  damaged or destroyed or otherwise becomes unusable. The
 1102  department may adopt rules relating to the regulation of bench
 1103  size and advertising display size requirements. If a
 1104  municipality or county within which a bench is to be located has
 1105  adopted an ordinance or other applicable regulation that
 1106  establishes bench size or advertising display sign requirements
 1107  different from requirements specified in department rule, the
 1108  local government requirement applies within the respective
 1109  municipality or county. Placement of any bench or advertising
 1110  display on the National Highway System under a local ordinance
 1111  or regulation adopted under this subsection is subject to
 1112  approval of the Federal Highway Administration.
 1113         Section 22. Chapter 338, Florida Statutes, is retitled
 1114  “LIMITED ACCESS AND TOLL FACILITIES.”
 1115         Section 23. Section 338.001, Florida Statutes, is repealed.
 1116         Section 24. Present subsections (1) through (6) of section
 1117  338.01, Florida Statutes, are renumbered as subsections (2)
 1118  through (7), respectively, and a new subsection (1) is added to
 1119  that section, to read:
 1120         338.01 Authority to establish and regulate limited access
 1121  facilities.—
 1122         (1) The department is authorized to establish limited
 1123  access facilities as provided in s. 335.02. The primary function
 1124  of these limited access facilities is to allow high-speed and
 1125  high-volume traffic movements within the state. Access to
 1126  abutting land is subordinate to this function, and such access
 1127  must be prohibited or highly regulated.
 1128         Section 25. Section 339.155, Florida Statutes, is amended
 1129  to read:
 1130         339.155 Transportation planning.—
 1131         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
 1132  develop and annually update a statewide transportation plan, to
 1133  be known as the Florida Transportation Plan. The plan shall be
 1134  designed so as to be easily read and understood by the general
 1135  public. The purpose of the Florida Transportation Plan is to
 1136  establish and define the state’s long-range transportation goals
 1137  and objectives to be accomplished over a period of at least 20
 1138  years within the context of the State Comprehensive Plan, and
 1139  any other statutory mandates and authorizations and based upon
 1140  the prevailing principles of: preserving the existing
 1141  transportation infrastructure; enhancing Florida’s economic
 1142  competitiveness; and improving travel choices to ensure
 1143  mobility. The Florida Transportation Plan shall consider the
 1144  needs of the entire state transportation system and examine the
 1145  use of all modes of transportation to effectively and
 1146  efficiently meet such needs.
 1147         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
 1148  out a transportation planning process in conformance with s.
 1149  334.046(1) and 23 U.S.C. s. 135 which provides for consideration
 1150  of projects and strategies that will:
 1151         (a) Support the economic vitality of the United States,
 1152  Florida, and the metropolitan areas, especially by enabling
 1153  global competitiveness, productivity, and efficiency;
 1154         (b) Increase the safety and security of the transportation
 1155  system for motorized and nonmotorized users;
 1156         (c) Increase the accessibility and mobility options
 1157  available to people and for freight;
 1158         (d) Protect and enhance the environment, promote energy
 1159  conservation, and improve quality of life;
 1160         (e) Enhance the integration and connectivity of the
 1161  transportation system, across and between modes throughout
 1162  Florida, for people and freight;
 1163         (f) Promote efficient system management and operation; and
 1164         (g) Emphasize the preservation of the existing
 1165  transportation system.
 1166         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
 1167  Transportation Plan shall be a unified, concise planning
 1168  document that clearly defines the state’s long-range
 1169  transportation goals and objectives and documents the
 1170  department’s short-range objectives developed to further such
 1171  goals and objectives. The plan shall:
 1172         (a) Include a glossary that clearly and succinctly defines
 1173  any and all phrases, words, or terms of art included in the
 1174  plan, with which the general public may be unfamiliar. and shall
 1175  consist of, at a minimum, the following components:
 1176         (b)(a)Document A long-range component documenting the
 1177  goals and long-term objectives necessary to implement the
 1178  results of the department consistent with department’s findings
 1179  from its examination of the criteria listed in subsection (2)
 1180  and s. 334.046(1) and s. 23 U.S.C. s. 135. The long-range
 1181  component must
 1182         (c) Be developed in cooperation with the metropolitan
 1183  planning organizations and reconciled, to the maximum extent
 1184  feasible, with the long-range plans developed by metropolitan
 1185  planning organizations pursuant to s. 339.175. The plan must
 1186  also
 1187         (d) Be developed in consultation with affected local
 1188  officials in nonmetropolitan areas and with any affected Indian
 1189  tribal governments. The plan must provide
 1190         (e) Provide an examination of transportation issues likely
 1191  to arise during at least a 20-year period. The long-range
 1192  component shall
 1193         (f) Be updated at least once every 5 years, or more often
 1194  as necessary, to reflect substantive changes to federal or state
 1195  law.
 1196         (b) A short-range component documenting the short-term
 1197  objectives and strategies necessary to implement the goals and
 1198  long-term objectives contained in the long-range component. The
 1199  short-range component must define the relationship between the
 1200  long-range goals and the short-range objectives, specify those
 1201  objectives against which the department’s achievement of such
 1202  goals will be measured, and identify transportation strategies
 1203  necessary to efficiently achieve the goals and objectives in the
 1204  plan. It must provide a policy framework within which the
 1205  department’s legislative budget request, the strategic
 1206  information resource management plan, and the work program are
 1207  developed. The short-range component shall serve as the
 1208  department’s annual agency strategic plan pursuant to s.
 1209  186.021. The short-range component shall be developed consistent
 1210  with available and forecasted state and federal funds. The
 1211  short-range component shall also be submitted to the Florida
 1212  Transportation Commission.
 1213         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
 1214  an annual performance report evaluating the operation of the
 1215  department for the preceding fiscal year. The report shall also
 1216  include a summary of the financial operations of the department
 1217  and shall annually evaluate how well the adopted work program
 1218  meets the short-term objectives contained in the short-range
 1219  component of the Florida Transportation Plan. This performance
 1220  report shall be submitted to the Florida Transportation
 1221  Commission and the legislative appropriations and transportation
 1222  committees.
 1223         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
 1224         (a) Upon request by local governmental entities, the
 1225  department may in its discretion develop and design
 1226  transportation corridors, arterial and collector streets,
 1227  vehicular parking areas, and other support facilities which are
 1228  consistent with the plans of the department for major
 1229  transportation facilities. The department may render to local
 1230  governmental entities or their planning agencies such technical
 1231  assistance and services as are necessary so that local plans and
 1232  facilities are coordinated with the plans and facilities of the
 1233  department.
 1234         (b) Each regional planning council, as provided for in s.
 1235  186.504, or any successor agency thereto, shall develop, as an
 1236  element of its strategic regional policy plan, transportation
 1237  goals and policies. The transportation goals and policies must
 1238  be prioritized to comply with the prevailing principles provided
 1239  in subsection (2) and s. 334.046(1). The transportation goals
 1240  and policies shall be consistent, to the maximum extent
 1241  feasible, with the goals and policies of the metropolitan
 1242  planning organization and the Florida Transportation Plan. The
 1243  transportation goals and policies of the regional planning
 1244  council will be advisory only and shall be submitted to the
 1245  department and any affected metropolitan planning organization
 1246  for their consideration and comments. Metropolitan planning
 1247  organization plans and other local transportation plans shall be
 1248  developed consistent, to the maximum extent feasible, with the
 1249  regional transportation goals and policies. The regional
 1250  planning council shall review urbanized area transportation
 1251  plans and any other planning products stipulated in s. 339.175
 1252  and provide the department and respective metropolitan planning
 1253  organizations with written recommendations which the department
 1254  and the metropolitan planning organizations shall take under
 1255  advisement. Further, the regional planning councils shall
 1256  directly assist local governments which are not part of a
 1257  metropolitan area transportation planning process in the
 1258  development of the transportation element of their comprehensive
 1259  plans as required by s. 163.3177.
 1260         (c) Regional transportation plans may be developed in
 1261  regional transportation areas in accordance with an interlocal
 1262  agreement entered into pursuant to s. 163.01 by two or more
 1263  contiguous metropolitan planning organizations; one or more
 1264  metropolitan planning organizations and one or more contiguous
 1265  counties, none of which is a member of a metropolitan planning
 1266  organization; a multicounty regional transportation authority
 1267  created by or pursuant to law; two or more contiguous counties
 1268  that are not members of a metropolitan planning organization; or
 1269  metropolitan planning organizations comprised of three or more
 1270  counties.
 1271         (d) The interlocal agreement must, at a minimum, identify
 1272  the entity that will coordinate the development of the regional
 1273  transportation plan; delineate the boundaries of the regional
 1274  transportation area; provide the duration of the agreement and
 1275  specify how the agreement may be terminated, modified, or
 1276  rescinded; describe the process by which the regional
 1277  transportation plan will be developed; and provide how members
 1278  of the entity will resolve disagreements regarding
 1279  interpretation of the interlocal agreement or disputes relating
 1280  to the development or content of the regional transportation
 1281  plan. Such interlocal agreement shall become effective upon its
 1282  recordation in the official public records of each county in the
 1283  regional transportation area.
 1284         (e) The regional transportation plan developed pursuant to
 1285  this section must, at a minimum, identify regionally significant
 1286  transportation facilities located within a regional
 1287  transportation area and contain a prioritized list of regionally
 1288  significant projects. The level-of-service standards for
 1289  facilities to be funded under this subsection shall be adopted
 1290  by the appropriate local government in accordance with s.
 1291  163.3180(10). The projects shall be adopted into the capital
 1292  improvements schedule of the local government comprehensive plan
 1293  pursuant to s. 163.3177(3).
 1294         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
 1295  TRANSPORTATION PLANNING.—
 1296         (a) During the development of the long-range component of
 1297  the Florida Transportation Plan and prior to substantive
 1298  revisions, the department shall provide citizens, affected
 1299  public agencies, representatives of transportation agency
 1300  employees, other affected employee representatives, private
 1301  providers of transportation, and other known interested parties
 1302  with an opportunity to comment on the proposed plan or
 1303  revisions. These opportunities shall include, at a minimum,
 1304  publishing a notice in the Florida Administrative Weekly and
 1305  within a newspaper of general circulation within the area of
 1306  each department district office.
 1307         (b) During development of major transportation
 1308  improvements, such as those increasing the capacity of a
 1309  facility through the addition of new lanes or providing new
 1310  access to a limited or controlled access facility or
 1311  construction of a facility in a new location, the department
 1312  shall hold one or more hearings prior to the selection of the
 1313  facility to be provided; prior to the selection of the site or
 1314  corridor of the proposed facility; and prior to the selection of
 1315  and commitment to a specific design proposal for the proposed
 1316  facility. Such public hearings shall be conducted so as to
 1317  provide an opportunity for effective participation by interested
 1318  persons in the process of transportation planning and site and
 1319  route selection and in the specific location and design of
 1320  transportation facilities. The various factors involved in the
 1321  decision or decisions and any alternative proposals shall be
 1322  clearly presented so that the persons attending the hearing may
 1323  present their views relating to the decision or decisions which
 1324  will be made.
 1325         (c) Opportunity for design hearings:
 1326         1. The department, prior to holding a design hearing, shall
 1327  duly notify all affected property owners of record, as recorded
 1328  in the property appraiser’s office, by mail at least 20 days
 1329  prior to the date set for the hearing. The affected property
 1330  owners shall be:
 1331         a. Those whose property lies in whole or in part within 300
 1332  feet on either side of the centerline of the proposed facility.
 1333         b. Those whom the department determines will be
 1334  substantially affected environmentally, economically, socially,
 1335  or safetywise.
 1336         2. For each subsequent hearing, the department shall
 1337  publish notice prior to the hearing date in a newspaper of
 1338  general circulation for the area affected. These notices must be
 1339  published twice, with the first notice appearing at least 15
 1340  days, but no later than 30 days, before the hearing.
 1341         3. A copy of the notice of opportunity for the hearing must
 1342  be furnished to the United States Department of Transportation
 1343  and to the appropriate departments of the state government at
 1344  the time of publication.
 1345         4. The opportunity for another hearing shall be afforded in
 1346  any case when proposed locations or designs are so changed from
 1347  those presented in the notices specified above or at a hearing
 1348  as to have a substantially different social, economic, or
 1349  environmental effect.
 1350         5. The opportunity for a hearing shall be afforded in each
 1351  case in which the department is in doubt as to whether a hearing
 1352  is required.
 1353  
 1354         Section 26. Paragraph (a) of subsection (4) of section
 1355  339.175, Florida Statutes, is amended to read:
 1356         339.175 Metropolitan planning organization.—
 1357         (4) APPORTIONMENT.—
 1358         (a) The Governor shall, with the agreement of the affected
 1359  units of general-purpose local government as required by federal
 1360  rules and regulations, apportion the membership on the
 1361  applicable M.P.O. among the various governmental entities within
 1362  the area. At the request of a majority of the affected units of
 1363  general-purpose local government comprising an M.P.O., the
 1364  Governor and a majority of units of general-purpose local
 1365  government serving on an M.P.O. shall cooperatively agree upon
 1366  and prescribe who may serve as an alternate member and a method
 1367  for appointing alternate members who may vote at any M.P.O.
 1368  meeting that an alternate member attends in place of a regular
 1369  member. The method shall be set forth as a part of the
 1370  interlocal agreement describing the M.P.O.’s membership or in
 1371  the M.P.O.’s operating procedures and bylaws. The governmental
 1372  entity so designated shall appoint the appropriate number of
 1373  members to the M.P.O. from eligible officials. Representatives
 1374  of the department shall serve as nonvoting advisers to members
 1375  of the M.P.O. governing board. Additional nonvoting advisers may
 1376  be appointed by the M.P.O. as deemed necessary; however, to the
 1377  maximum extent feasible, each M.P.O. shall seek to appoint
 1378  nonvoting representatives of various multimodal forms of
 1379  transportation not otherwise represented by voting members of
 1380  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1381  representing major military installations located within the
 1382  jurisdictional boundaries of the M.P.O. upon the request of the
 1383  aforesaid major military installations and subject to the
 1384  agreement of the M.P.O. All nonvoting advisers may attend and
 1385  participate fully in governing board meetings but shall not have
 1386  a vote and shall not be members of the governing board. The
 1387  Governor shall review the composition of the M.P.O. membership
 1388  in conjunction with the decennial census as prepared by the
 1389  United States Department of Commerce, Bureau of the Census, and
 1390  reapportion it as necessary to comply with subsection (3).
 1391         Section 27. Subsection (2) of section 339.63, Florida
 1392  Statutes, is amended to read:
 1393         339.63 System facilities designated; additions and
 1394  deletions.—
 1395         (2) The Strategic Intermodal System and the Emerging
 1396  Strategic Intermodal System include four three different types
 1397  of facilities that each form one component of an interconnected
 1398  transportation system which types include:
 1399         (a) Existing or planned hubs that are ports and terminals
 1400  including airports, seaports, spaceports, passenger terminals,
 1401  and rail terminals serving to move goods or people between
 1402  Florida regions or between Florida and other markets in the
 1403  United States and the rest of the world;
 1404         (b) Existing or planned corridors that are highways, rail
 1405  lines, waterways, and other exclusive-use facilities connecting
 1406  major markets within Florida or between Florida and other states
 1407  or nations; and
 1408         (c) Existing or planned intermodal connectors that are
 1409  highways, rail lines, waterways or local public transit systems
 1410  serving as connectors between the components listed in
 1411  paragraphs (a) and (b); and
 1412         (d) Existing or planned military access facilities that are
 1413  highways or rail lines linking Strategic Intermodal System
 1414  corridors to the state’s strategic military installations.
 1415         Section 28. Section 339.64, Florida Statutes, is amended to
 1416  read:
 1417         339.64 Strategic Intermodal System Plan.—
 1418         (1) The department shall develop, in cooperation with
 1419  metropolitan planning organizations, regional planning councils,
 1420  local governments, the Statewide Intermodal Transportation
 1421  Advisory Council and other transportation providers, a Strategic
 1422  Intermodal System Plan. The plan shall be consistent with the
 1423  Florida Transportation Plan developed pursuant to s. 339.155 and
 1424  shall be updated at least once every 5 years, subsequent to
 1425  updates of the Florida Transportation Plan.
 1426         (2) In association with the continued development of the
 1427  Strategic Intermodal System Plan, the Florida Transportation
 1428  Commission, as part of its work program review process, shall
 1429  conduct an annual assessment of the progress that the department
 1430  and its transportation partners have made in realizing the goals
 1431  of economic development, improved mobility, and increased
 1432  intermodal connectivity of the Strategic Intermodal System. The
 1433  Florida Transportation Commission shall coordinate with the
 1434  department, the Statewide Intermodal Transportation Advisory
 1435  Council, and other appropriate entities when developing this
 1436  assessment. The Florida Transportation Commission shall deliver
 1437  a report to the Governor and Legislature no later than 14 days
 1438  after the regular session begins, with recommendations as
 1439  necessary to fully implement the Strategic Intermodal System.
 1440         (3)(a) During the development of updates to the Strategic
 1441  Intermodal System Plan, the department shall provide
 1442  metropolitan planning organizations, regional planning councils,
 1443  local governments, transportation providers, affected public
 1444  agencies, and citizens with an opportunity to participate in and
 1445  comment on the development of the update.
 1446         (b) The department also shall coordinate with federal,
 1447  regional, and local partners the planning for the Strategic
 1448  Highway Network and the Strategic Rail Corridor Network
 1449  transportation facilities that either are included in the
 1450  Strategic Intermodal System or that provide a direct connection
 1451  between military installations and the Strategic Intermodal
 1452  System. In addition, the department shall coordinate with
 1453  regional and local partners to determine whether the road and
 1454  other transportation infrastructure that connect military
 1455  installations to the Strategic Intermodal System, the Strategic
 1456  Highway Network, or the Strategic Rail Corridor is regionally
 1457  significant and should be included in the Strategic Intermodal
 1458  System Plan.
 1459         (4) The Strategic Intermodal System Plan shall include the
 1460  following:
 1461         (a) A needs assessment.
 1462         (b) A project prioritization process.
 1463         (c) A map of facilities designated as Strategic Intermodal
 1464  System facilities; facilities that are emerging in importance
 1465  and that are likely to become part of the system in the future;
 1466  and planned facilities that will meet the established criteria.
 1467         (d) A finance plan based on reasonable projections of
 1468  anticipated revenues, including both 10-year and at least 20
 1469  year cost-feasible components.
 1470         (e) An assessment of the impacts of proposed improvements
 1471  to Strategic Intermodal System corridors on military
 1472  installations that are either located directly on the Strategic
 1473  Intermodal System or located on the Strategic Highway Network or
 1474  Strategic Rail Corridor Network.
 1475         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
 1476         (a) The Statewide Intermodal Transportation Advisory
 1477  Council is created to advise and make recommendations to the
 1478  Legislature and the department on policies, planning, and
 1479  funding of intermodal transportation projects. The council’s
 1480  responsibilities shall include:
 1481         1. Advising the department on the policies, planning, and
 1482  implementation of strategies related to intermodal
 1483  transportation.
 1484         2. Providing advice and recommendations to the Legislature
 1485  on funding for projects to move goods and people in the most
 1486  efficient and effective manner for the State of Florida.
 1487         (b) MEMBERSHIP.—Members of the Statewide Intermodal
 1488  Transportation Advisory Council shall consist of the following:
 1489         1. Six intermodal industry representatives selected by the
 1490  Governor as follows:
 1491         a. One representative from an airport involved in the
 1492  movement of freight and people from their airport facility to
 1493  another transportation mode.
 1494         b. One individual representing a fixed-route, local
 1495  government transit system.
 1496         c. One representative from an intercity bus company
 1497  providing regularly scheduled bus travel as determined by
 1498  federal regulations.
 1499         d. One representative from a spaceport.
 1500         e. One representative from intermodal trucking companies.
 1501         f. One representative having command responsibilities of a
 1502  major military installation.
 1503         2. Three intermodal industry representatives selected by
 1504  the President of the Senate as follows:
 1505         a. One representative from major-line railroads.
 1506         b. One representative from seaports listed in s. 311.09(1)
 1507  from the Atlantic Coast.
 1508         c. One representative from an airport involved in the
 1509  movement of freight and people from their airport facility to
 1510  another transportation mode.
 1511         3. Three intermodal industry representatives selected by
 1512  the Speaker of the House of Representatives as follows:
 1513         a. One representative from short-line railroads.
 1514         b. One representative from seaports listed in s. 311.09(1)
 1515  from the Gulf Coast.
 1516         c. One representative from intermodal trucking companies.
 1517  In no event may this representative be employed by the same
 1518  company that employs the intermodal trucking company
 1519  representative selected by the Governor.
 1520         (c) Initial appointments to the council must be made no
 1521  later than 30 days after the effective date of this section.
 1522         1. The initial appointments made by the President of the
 1523  Senate and the Speaker of the House of Representatives shall
 1524  serve terms concurrent with those of the respective appointing
 1525  officer. Beginning January 15, 2005, and for all subsequent
 1526  appointments, council members appointed by the President of the
 1527  Senate and the Speaker of the House of Representatives shall
 1528  serve 2-year terms, concurrent with the term of the respective
 1529  appointing officer.
 1530         2. The initial appointees, and all subsequent appointees,
 1531  made by the Governor shall serve 2-year terms.
 1532         3. Vacancies on the council shall be filled in the same
 1533  manner as the initial appointments.
 1534         (d) Each member of the council shall be allowed one vote.
 1535  The council shall select a chair from among its membership.
 1536  Meetings shall be held at the call of the chair, but not less
 1537  frequently than quarterly. The members of the council shall be
 1538  reimbursed for per diem and travel expenses as provided in s.
 1539  112.061.
 1540         (e) The department shall provide administrative staff
 1541  support and shall ensure that council meetings are
 1542  electronically recorded. Such recordings and all documents
 1543  received, prepared for, or used by the council in conducting its
 1544  business shall be preserved pursuant to chapters 119 and 257.
 1545         Section 29. Section 339.65, Florida Statutes, is created to
 1546  read:
 1547         339.65Strategic Intermodal System highway corridors.—
 1548         (1) The department shall plan and develop Strategic
 1549  Intermodal System highway corridors, including limited and
 1550  controlled access facilities, allowing for high-speed and high
 1551  volume traffic movements within the state. The primary function
 1552  of these corridors is to provide for such traffic movements.
 1553  Access to abutting land is subordinate to this function, and
 1554  such access must be prohibited or highly regulated.
 1555         (2) Strategic Intermodal System highway corridors shall
 1556  include facilities from the following components of the State
 1557  Highway System which meet the criteria adopted by the department
 1558  pursuant to s. 339.63:
 1559         (a) Interstate highways.
 1560         (b) The Florida Turnpike System.
 1561         (c) Interregional and intercity limited access facilities.
 1562         (d) Existing interregional and intercity arterial highways
 1563  previously upgraded or upgraded in the future to limited access
 1564  or controlled access facility standards.
 1565         (e) New limited access facilities necessary to complete a
 1566  balanced statewide system.
 1567         (3) The department shall adhere to the following policy
 1568  guidelines in the development of Strategic Intermodal System
 1569  highway corridors:
 1570         (a) Make capacity improvements to existing facilities where
 1571  feasible to minimize costs and environmental impacts.
 1572         (b) Identify appropriate arterial highways in major
 1573  transportation corridors for inclusion in a program to bring
 1574  these facilities up to limited access or controlled access
 1575  facility standards.
 1576         (c) Coordinate proposed projects with appropriate limited
 1577  access projects undertaken by expressway authorities and local
 1578  governmental entities.
 1579         (d) Maximize the use of limited access facility standards
 1580  when constructing new arterial highways.
 1581         (e) Identify appropriate new limited access highways for
 1582  inclusion as a part of the Florida Turnpike System.
 1583         (f) To the maximum extent feasible, ensure that proposed
 1584  projects are consistent with approved local government
 1585  comprehensive plans of the local jurisdictions in which such
 1586  facilities are to be located and with the transportation
 1587  improvement program of any metropolitan planning organization in
 1588  which such facilities are to be located.
 1589         (4) The department shall develop and maintain a plan of
 1590  Strategic Intermodal System highway corridor projects that are
 1591  anticipated to be let to contract for construction within a time
 1592  period of at least 20 years. The plan shall also identify when
 1593  segments of the corridor will meet the standards and criteria
 1594  developed pursuant to subsection (5).
 1595         (5) The department shall establish the standards and
 1596  criteria for the functional characteristics and design of
 1597  facilities proposed as part of Strategic Intermodal System
 1598  highway corridors.
 1599         (6) For the purposes of developing the proposed Strategic
 1600  Intermodal System highway corridors, the minimum amount
 1601  allocated each fiscal year shall be based on the 2003-2004
 1602  fiscal year allocation of $450 million, adjusted annually by the
 1603  change in the Consumer Price Index for the prior fiscal year
 1604  compared to the Consumer Price Index for the 2003-2004 fiscal
 1605  year.
 1606         (7) Any project to be constructed as part of a Strategic
 1607  Intermodal System highway corridor shall be included in the
 1608  department’s adopted work program. Any Strategic Intermodal
 1609  System highway corridor projects that are added to or deleted
 1610  from the previous adopted work program, or any modification to
 1611  Strategic Intermodal System highway corridor projects contained
 1612  in the previous adopted work program, shall be specifically
 1613  identified and submitted as a separate part of the tentative
 1614  work program.
 1615         Section 30. Subsection (3) of section 341.302, Florida
 1616  Statutes, is amended to read:
 1617         341.302 Rail program; duties and responsibilities of the
 1618  department.—The department, in conjunction with other
 1619  governmental entities, including the rail enterprise and the
 1620  private sector, shall develop and implement a rail program of
 1621  statewide application designed to ensure the proper maintenance,
 1622  safety, revitalization, and expansion of the rail system to
 1623  assure its continued and increased availability to respond to
 1624  statewide mobility needs. Within the resources provided pursuant
 1625  to chapter 216, and as authorized under federal law, the
 1626  department shall:
 1627         (3) Develop and periodically update the rail system plan,
 1628  on the basis of an analysis of statewide transportation needs.
 1629         (a) The plan may contain detailed regional components,
 1630  consistent with regional transportation plans, as needed to
 1631  ensure connectivity within the state’s regions, and it shall be
 1632  consistent with the Florida Transportation Plan developed
 1633  pursuant to s. 339.155. The rail system plan shall include an
 1634  identification of priorities, programs, and funding levels
 1635  required to meet statewide and regional needs. The rail system
 1636  plan shall be developed in a manner that will assure the maximum
 1637  use of existing facilities and the optimum integration and
 1638  coordination of the various modes of transportation, public and
 1639  private, in the most cost-effective manner possible. The rail
 1640  system plan shall be updated no later than January 1, 2011, and
 1641  at least every 5 years thereafter, and include plans for both
 1642  passenger rail service and freight rail service, accompanied by
 1643  a report to the Legislature regarding the status of the plan.
 1644         (b) In recognition of the department’s role in the
 1645  enhancement of the state’s rail system to improve freight and
 1646  passenger mobility, the department shall:
 1647         1. Work closely with all affected communities along an
 1648  impacted freight rail corridor to identify and address
 1649  anticipated impacts associated with an increase in freight rail
 1650  traffic due to implementation of passenger rail.
 1651         2. In coordination with the affected local governments and
 1652  CSX Transportation, Inc., finalize all viable alternatives from
 1653  the department’s Rail Traffic Evaluation Study to identify and
 1654  develop an alternative route for through freight rail traffic
 1655  moving through Central Florida, including the counties of Polk
 1656  and Hillsborough, which would address, to the extent
 1657  practicable, the effects of commuter rail.
 1658         3. Provide technical assistance to a coalition of local
 1659  governments in Central Florida, including the counties of
 1660  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
 1661  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
 1662  Sumter, and Volusia, and the municipalities within those
 1663  counties, to develop a regional rail system plan that addresses
 1664  passenger and freight opportunities in the region, is consistent
 1665  with the Florida Rail System Plan, and incorporates appropriate
 1666  elements of the Tampa Bay Area Regional Authority Master Plan,
 1667  the Metroplan Orlando Regional Transit System Concept Plan,
 1668  including the SunRail project, and the Florida Department of
 1669  Transportation Alternate Rail Traffic Evaluation.
 1670         4.Provide for, to the extent funds are available and
 1671  funding for high hazard grade crossing safety projects is not
 1672  adversely affected:
 1673         a.Construction of supplemental safety measures, known as
 1674  quadrant gates, as authorized by the Federal Railroad
 1675  Administration for quiet zone crossings, at any rail crossing
 1676  located along a passenger rail corridor and giving priority to
 1677  such projects in areas where a one-to-one local match is
 1678  available; and
 1679         b.Improvements at multimodal transportation centers, only
 1680  for the period of time that the passenger rail system is
 1681  operated and maintained by the department, that serve more than
 1682  one transportation mode, including, but not limited to, buses,
 1683  bicycles, and passenger rail, in an effort to maximize the
 1684  benefits of a passenger rail system. Priority shall be given to
 1685  multimodal transportation centers that have established the
 1686  regulatory framework for transit-oriented development in and
 1687  around its downtown service area.
 1688         Section 31. Paragraph (c) of subsection (4) of section
 1689  348.0003, Florida Statutes, is amended to read:
 1690         348.0003 Expressway authority; formation; membership.—
 1691         (4)
 1692         (c) Members of each expressway authority, transportation
 1693  authority, bridge authority, or toll authority, created pursuant
 1694  to this chapter, chapter 343, or chapter 349 or any other
 1695  general legislative enactment shall comply with the applicable
 1696  financial disclosure requirements of s. 8, Art. II of the State
 1697  Constitution. This paragraph does not subject any statutorily
 1698  created authority, other than an expressway authority created
 1699  under this part, to any other requirement of this part except
 1700  the requirement of this paragraph.
 1701         Section 32. Subsection (3) of section 349.03, Florida
 1702  Statutes, is amended to read:
 1703         349.03 Jacksonville Transportation Authority.—
 1704         (3)(a) The terms of appointed members shall be for 4 years
 1705  deemed to have commenced on June 1 of the year in which they are
 1706  appointed. Each member shall hold office until a successor has
 1707  been appointed and has qualified. A vacancy during a term shall
 1708  be filled by the respective appointing authority only for the
 1709  balance of the unexpired term. Any member appointed to the
 1710  authority for two consecutive full terms shall not be eligible
 1711  for appointment to the next succeeding term. One of the members
 1712  so appointed shall be designated annually by the members as
 1713  chair of the authority, one member shall be designated annually
 1714  as the vice chair of the authority, one member shall be
 1715  designated annually as the secretary of the authority, and one
 1716  member shall be designated annually as the treasurer of the
 1717  authority. The members of the authority shall not be entitled to
 1718  compensation, but shall be reimbursed for travel expenses or
 1719  other expenses actually incurred in their duties as provided by
 1720  law. Four voting members of the authority shall constitute a
 1721  quorum, and no resolution adopted by the authority shall become
 1722  effective unless with the affirmative vote of at least four
 1723  members. Members of the authority shall file as their mandatory
 1724  financial disclosure a statement of financial interest with the
 1725  Commission on Ethics as provided in s. 112.3145(2)(b).
 1726         (b) The authority shall employ an executive director, and
 1727  the executive director may hire such staff, permanent or
 1728  temporary, as he or she may determine and may organize the staff
 1729  of the authority into such departments and units as he or she
 1730  may determine. The executive director may appoint department
 1731  directors, deputy directors, division chiefs, and staff
 1732  assistants to the executive director, as he or she may
 1733  determine. In so appointing the executive director, the
 1734  authority may fix the compensation of such appointee, who shall
 1735  serve at the pleasure of the authority. All employees of the
 1736  authority shall be exempt from the provisions of part II of
 1737  chapter 110. The authority may employ such financial advisers
 1738  and consultants, technical experts, engineers, and agents and
 1739  employees, permanent or temporary, as it may require and may fix
 1740  the compensation and qualifications of such persons, firms, or
 1741  corporations. The authority may delegate to one or more of its
 1742  agents or employees such of its powers as it shall deem
 1743  necessary to carry out the purposes of this chapter, subject
 1744  always to the supervision and control of the governing body of
 1745  the authority.
 1746         Section 33. Subsection (8) is added to section 349.04,
 1747  Florida Statutes, to read:
 1748         349.04 Purposes and powers.—
 1749         (8)The authority may conduct public meetings and workshops
 1750  by means of communications media technology, as provided in s.
 1751  120.54(5). However, a resolution, rule, or formal action is not
 1752  binding unless a quorum is physically present at the noticed
 1753  meeting location, and only members physically present may vote
 1754  on any item.
 1755         Section 34. Section 373.413, Florida Statutes, is amended
 1756  to read:
 1757         373.413 Permits for construction or alteration.—
 1758         (1) Except for the exemptions set forth herein, the
 1759  governing board or the department may require such permits and
 1760  impose such reasonable conditions as are necessary to assure
 1761  that the construction or alteration of any stormwater management
 1762  system, dam, impoundment, reservoir, appurtenant work, or works
 1763  will comply with the provisions of this part and applicable
 1764  rules promulgated thereto and will not be harmful to the water
 1765  resources of the district. The department or the governing board
 1766  may delineate areas within the district wherein permits may be
 1767  required.
 1768         (2) A person proposing to construct or alter a stormwater
 1769  management system, dam, impoundment, reservoir, appurtenant
 1770  work, or works subject to such permit shall apply to the
 1771  governing board or department for a permit authorizing such
 1772  construction or alteration. The application shall contain the
 1773  following:
 1774         (a) Name and address of the applicant.
 1775         (b) Name and address of the owner or owners of the land
 1776  upon which the works are to be constructed and a legal
 1777  description of such land.
 1778         (c) Location of the work.
 1779         (d) Sketches of construction pending tentative approval.
 1780         (e) Name and address of the person who prepared the plans
 1781  and specifications of construction.
 1782         (f) Name and address of the person who will construct the
 1783  proposed work.
 1784         (g) General purpose of the proposed work.
 1785         (h) Such other information as the governing board or
 1786  department may require.
 1787         (3) After receipt of an application for a permit, the
 1788  governing board or department shall publish notice of the
 1789  application by sending a notice to any persons who have filed a
 1790  written request for notification of any pending applications
 1791  affecting the particular designated area. Such notice may be
 1792  sent by regular mail. The notice shall contain the name and
 1793  address of the applicant; a brief description of the proposed
 1794  activity, including any mitigation; the location of the proposed
 1795  activity, including whether it is located within an Outstanding
 1796  Florida Water or aquatic preserve; a map identifying the
 1797  location of the proposed activity subject to the application; a
 1798  depiction of the proposed activity subject to the application; a
 1799  name or number identifying the application and the office where
 1800  the application can be inspected; and any other information
 1801  required by rule.
 1802         (4) In addition to the notice required by subsection (3),
 1803  the governing board or department may publish, or require an
 1804  applicant to publish at the applicant’s expense, in a newspaper
 1805  of general circulation within the affected area, a notice of
 1806  receipt of the application and a notice of intended agency
 1807  action. This subsection does not limit the discretionary
 1808  authority of the department or the governing board of a water
 1809  management district to publish, or to require an applicant to
 1810  publish at the applicant’s expense, any notice under this
 1811  chapter. The governing board or department shall also provide
 1812  notice of this intended agency action to the applicant and to
 1813  persons who have requested a copy of the intended agency action
 1814  for that specific application.
 1815         (5) The governing board or department may charge a
 1816  subscription fee to any person who has filed a written request
 1817  for notification of any pending applications to cover the cost
 1818  of duplication and mailing charges.
 1819         (6)It is the intent of the Legislature that the governing
 1820  board or department exercise flexibility in the permitting of
 1821  stormwater management systems associated with the construction
 1822  or alteration of systems serving state transportation projects
 1823  and facilities. Because of the unique limitations of linear
 1824  facilities, the governing board or department shall balance the
 1825  expenditure of public funds for stormwater treatment for state
 1826  transportation projects and facilities with the benefits to the
 1827  public in providing the most cost efficient and effective method
 1828  of achieving the treatment objectives. In consideration thereof,
 1829  the governing board or department shall allow alternatives to
 1830  onsite treatment, including, but not limited to, regional
 1831  stormwater treatment systems. The Department of Transportation
 1832  is responsible for treating stormwater generated from state
 1833  transportation projects but is not responsible for the abatement
 1834  of pollutants and flows entering its stormwater management
 1835  systems from offsite. However, this subsection does not prohibit
 1836  the Department of Transportation from receiving and managing
 1837  such pollutants and flows when it is found to be cost-effective
 1838  and prudent. Further, in association with rights-of-way
 1839  acquisition for state transportation projects, the Department of
 1840  Transportation is responsible for providing stormwater treatment
 1841  and attenuation for additional rights-of-way, but is not
 1842  responsible for modifying permits of adjacent lands when it is
 1843  not the permittee. To accomplish this, the governing board or
 1844  department shall adopt rules for these activities.
 1845         Section 35. Subsections (1), (2), (3), (4), and (5) of
 1846  section 373.4137, Florida Statutes, are amended to read:
 1847         373.4137 Mitigation requirements for specified
 1848  transportation projects.—
 1849         (1) The Legislature finds that environmental mitigation for
 1850  the impact of transportation projects proposed by the Department
 1851  of Transportation or a transportation authority established
 1852  pursuant to chapter 348 or chapter 349 can be more effectively
 1853  achieved by regional, long-range mitigation planning rather than
 1854  on a project-by-project basis. It is the intent of the
 1855  Legislature that mitigation to offset the adverse effects of
 1856  these transportation projects be funded by the Department of
 1857  Transportation and be carried out by the water management
 1858  districts, including the use of mitigation banks and any other
 1859  mitigation options that satisfy state and federal requirements
 1860  established pursuant to this part.
 1861         (2) Environmental impact inventories for transportation
 1862  projects proposed by the Department of Transportation or a
 1863  transportation authority established pursuant to chapter 348 or
 1864  chapter 349 shall be developed as follows:
 1865         (a) By July 1 of each year, the Department of
 1866  Transportation or a transportation authority established
 1867  pursuant to chapter 348 or chapter 349 which chooses to
 1868  participate in this program shall submit to the water management
 1869  districts a list copy of its projects in the adopted work
 1870  program and an environmental impact inventory of habitats
 1871  addressed in the rules adopted pursuant to this part and s. 404
 1872  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
 1873  by its plan of construction for transportation projects in the
 1874  next 3 years of the tentative work program. The Department of
 1875  Transportation or a transportation authority established
 1876  pursuant to chapter 348 or chapter 349 may also include in its
 1877  environmental impact inventory the habitat impacts of any future
 1878  transportation project. The Department of Transportation and
 1879  each transportation authority established pursuant to chapter
 1880  348 or chapter 349 may fund any mitigation activities for future
 1881  projects using current year funds.
 1882         (b) The environmental impact inventory shall include a
 1883  description of these habitat impacts, including their location,
 1884  acreage, and type; state water quality classification of
 1885  impacted wetlands and other surface waters; any other state or
 1886  regional designations for these habitats; and a list survey of
 1887  threatened species, endangered species, and species of special
 1888  concern affected by the proposed project.
 1889         (3)(a) To fund development and implementation of the
 1890  mitigation plan for the projected impacts identified in the
 1891  environmental impact inventory described in subsection (2), the
 1892  Department of Transportation shall identify funds quarterly in
 1893  an escrow account within the State Transportation Trust Fund for
 1894  the environmental mitigation phase of projects budgeted by the
 1895  Department of Transportation for the current fiscal year. The
 1896  escrow account shall be maintained by the Department of
 1897  Transportation for the benefit of the water management
 1898  districts. Any interest earnings from the escrow account shall
 1899  remain with the Department of Transportation.
 1900         (b) Each transportation authority established pursuant to
 1901  chapter 348 or chapter 349 that chooses to participate in this
 1902  program shall create an escrow account within its financial
 1903  structure and deposit funds in the account to pay for the
 1904  environmental mitigation phase of projects budgeted for the
 1905  current fiscal year. The escrow account shall be maintained by
 1906  the authority for the benefit of the water management districts.
 1907  Any interest earnings from the escrow account shall remain with
 1908  the authority.
 1909         (c) Except for current mitigation projects in the
 1910  monitoring and maintenance phase and except as allowed by
 1911  paragraph (d), the water management districts may request a
 1912  transfer of funds from an escrow account no sooner than 30 days
 1913  prior to the date the funds are needed to pay for activities
 1914  associated with development or implementation of the approved
 1915  mitigation plan described in subsection (4) for the current
 1916  fiscal year, including, but not limited to, design, engineering,
 1917  production, and staff support. Actual conceptual plan
 1918  preparation costs incurred before plan approval may be submitted
 1919  to the Department of Transportation or the appropriate
 1920  transportation authority each year with the plan. The conceptual
 1921  plan preparation costs of each water management district will be
 1922  paid from mitigation funds associated with the environmental
 1923  impact inventory for the current year. The amount transferred to
 1924  the escrow accounts each year by the Department of
 1925  Transportation and participating transportation authorities
 1926  established pursuant to chapter 348 or chapter 349 shall
 1927  correspond to a cost per acre of $75,000 multiplied by the
 1928  projected acres of impact identified in the environmental impact
 1929  inventory described in subsection (2). However, the $75,000 cost
 1930  per acre does not constitute an admission against interest by
 1931  the state or its subdivisions nor is the cost admissible as
 1932  evidence of full compensation for any property acquired by
 1933  eminent domain or through inverse condemnation. Each July 1, the
 1934  cost per acre shall be adjusted by the percentage change in the
 1935  average of the Consumer Price Index issued by the United States
 1936  Department of Labor for the most recent 12-month period ending
 1937  September 30, compared to the base year average, which is the
 1938  average for the 12-month period ending September 30, 1996. Each
 1939  quarter, the projected acreage of impact shall be reconciled
 1940  with the acreage of impact of projects as permitted, including
 1941  permit modifications, pursuant to this part and s. 404 of the
 1942  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
 1943  of funds shall be adjusted accordingly to reflect the acreage of
 1944  impacts as permitted. The Department of Transportation and
 1945  participating transportation authorities established pursuant to
 1946  chapter 348 or chapter 349 are authorized to transfer such funds
 1947  from the escrow accounts to the water management districts to
 1948  carry out the mitigation programs. Environmental mitigation
 1949  funds that are identified or maintained in an escrow account for
 1950  the benefit of a water management district may be released if
 1951  the associated transportation project is excluded in whole or
 1952  part from the mitigation plan. For a mitigation project that is
 1953  in the maintenance and monitoring phase, the water management
 1954  district may request and receive a one-time payment based on the
 1955  project’s expected future maintenance and monitoring costs. Upon
 1956  disbursement of the final maintenance and monitoring payment,
 1957  the obligation of the department or the participating
 1958  transportation authority is satisfied, the water management
 1959  district has the continuing responsibility for the mitigation
 1960  project, and the escrow account for the project established by
 1961  the Department of Transportation or the participating
 1962  transportation authority may be closed. Any interest earned on
 1963  these disbursed funds shall remain with the water management
 1964  district and must be used as authorized under this section.
 1965         (d) Beginning in the 2005-2006 fiscal year, each water
 1966  management district shall be paid a lump-sum amount of $75,000
 1967  per acre, adjusted as provided under paragraph (c), for
 1968  federally funded transportation projects that are included on
 1969  the environmental impact inventory and that have an approved
 1970  mitigation plan. Beginning in the 2009-2010 fiscal year, each
 1971  water management district shall be paid a lump-sum amount of
 1972  $75,000 per acre, adjusted as provided under paragraph (c), for
 1973  federally funded and nonfederally funded transportation projects
 1974  that have an approved mitigation plan. All mitigation costs,
 1975  including, but not limited to, the costs of preparing conceptual
 1976  plans and the costs of design, construction, staff support,
 1977  future maintenance, and monitoring the mitigated acres shall be
 1978  funded through these lump-sum amounts.
 1979         (4) Prior to March 1 of each year, each water management
 1980  district, in consultation with the Department of Environmental
 1981  Protection, the United States Army Corps of Engineers, the
 1982  Department of Transportation, participating transportation
 1983  authorities established pursuant to chapter 348 or chapter 349,
 1984  and other appropriate federal, state, and local governments, and
 1985  other interested parties, including entities operating
 1986  mitigation banks, shall develop a plan for the primary purpose
 1987  of complying with the mitigation requirements adopted pursuant
 1988  to this part and 33 U.S.C. s. 1344. In developing such plans,
 1989  the districts shall utilize sound ecosystem management practices
 1990  to address significant water resource needs and shall focus on
 1991  activities of the Department of Environmental Protection and the
 1992  water management districts, such as surface water improvement
 1993  and management (SWIM) projects and lands identified for
 1994  potential acquisition for preservation, restoration or
 1995  enhancement, and the control of invasive and exotic plants in
 1996  wetlands and other surface waters, to the extent that such
 1997  activities comply with the mitigation requirements adopted under
 1998  this part and 33 U.S.C. s. 1344. In determining the activities
 1999  to be included in such plans, the districts shall also consider
 2000  the purchase of credits from public or private mitigation banks
 2001  permitted under s. 373.4136 and associated federal authorization
 2002  and shall include such purchase as a part of the mitigation plan
 2003  when such purchase would offset the impact of the transportation
 2004  project, provide equal benefits to the water resources than
 2005  other mitigation options being considered, and provide the most
 2006  cost-effective mitigation option. The mitigation plan shall be
 2007  submitted to the water management district governing board, or
 2008  its designee, for review and approval. At least 14 days prior to
 2009  approval, the water management district shall provide a copy of
 2010  the draft mitigation plan to any person who has requested a
 2011  copy.
 2012         (a) For each transportation project with a funding request
 2013  for the next fiscal year, the mitigation plan must include a
 2014  brief explanation of why a mitigation bank was or was not chosen
 2015  as a mitigation option, including an estimation of identifiable
 2016  costs of the mitigation bank and nonbank options to the extent
 2017  practicable.
 2018         (b) Specific projects may be excluded from the mitigation
 2019  plan, in whole or in part, and are shall not be subject to this
 2020  section upon the election agreement of the Department of
 2021  Transportation, or a transportation authority, if applicable, or
 2022  and the appropriate water management district that the inclusion
 2023  of such projects would hamper the efficiency or timeliness of
 2024  the mitigation planning and permitting process. The water
 2025  management district may choose to exclude a project in whole or
 2026  in part if the district is unable to identify mitigation that
 2027  would offset impacts of the project.
 2028         (5) The water management district shall ensure be
 2029  responsible for ensuring that mitigation requirements pursuant
 2030  to 33 U.S.C. s. 1344 are met for the impacts identified in the
 2031  environmental impact inventory described in subsection (2), by
 2032  implementation of the approved plan described in subsection (4)
 2033  to the extent funding is provided by the Department of
 2034  Transportation, or a transportation authority established
 2035  pursuant to chapter 348 or chapter 349, if applicable. During
 2036  the federal permitting process, the water management district
 2037  may deviate from the approved mitigation plan in order to comply
 2038  with federal permitting requirements.
 2039         Section 36. Subsections (4), (26), and (27) of section
 2040  479.01, Florida Statutes, are amended to read:
 2041         479.01 Definitions.—As used in this chapter, the term:
 2042         (4) “Commercial or industrial zone” means a parcel of land
 2043  designated predominantly for commercial or industrial uses under
 2044  both the future land use map of the comprehensive plan and the
 2045  land use development regulations adopted pursuant to chapter
 2046  163. If a parcel is located in an area designated for multiple
 2047  uses on the future land use map of a comprehensive plan and the
 2048  zoning category of the land development regulations does not
 2049  clearly designate that parcel for a specific use, the area will
 2050  be considered an unzoned commercial or industrial area if it
 2051  meets the criteria of subsection (26).
 2052         (26) “Unzoned commercial or industrial area” means an area
 2053  a parcel of land designated by the future land use map of the
 2054  comprehensive plan for multiple uses that include commercial or
 2055  industrial uses but are not specifically designated for
 2056  commercial or industrial uses under the land development
 2057  regulations, in which three or more separate and distinct
 2058  conforming industrial or commercial activities are located.
 2059         (a) These activities must satisfy the following criteria:
 2060         1. At least one of the commercial or industrial activities
 2061  must be located on the same side of the highway and within 800
 2062  feet of the sign location;
 2063         2. The commercial or industrial activities must be within
 2064  660 feet from the nearest edge of the right-of-way; and
 2065         3. The commercial industrial activities must be within
 2066  1,600 feet of each other.
 2067  
 2068         Distances specified in this paragraph must be measured from
 2069  the nearest outer edge of the primary building or primary
 2070  building complex when the individual units of the complex are
 2071  connected by covered walkways.
 2072         (b) Certain activities, including, but not limited to, The
 2073  following are, may not be so recognized as commercial or
 2074  industrial activities:
 2075         1. Signs.
 2076         2. Agricultural, forestry, ranching, grazing, farming, and
 2077  related activities, including, but not limited to, wayside fresh
 2078  produce stands.
 2079         3. Transient or temporary activities.
 2080         4. Activities not visible from the main-traveled way.
 2081         5. Activities conducted more than 660 feet from the nearest
 2082  edge of the right-of-way.
 2083         6. Activities conducted in a building principally used as a
 2084  residence.
 2085         7. Railroad tracks and minor sidings.
 2086         8. Communication towers.
 2087         (27) “Urban area” has the same meaning as defined in s.
 2088  334.03(29).
 2089         Section 37. Subsection (7) of section 479.02, Florida
 2090  Statutes, is amended to read:
 2091         479.02 Duties of the department.—It shall be the duty of
 2092  the department to:
 2093         (7) Adopt such rules as it deems necessary to administer or
 2094  proper for the administration of this chapter, including rules
 2095  which identify activities that may not be recognized as
 2096  industrial or commercial activities for purposes of
 2097  determination of an area as an unzoned commercial or industrial
 2098  area.
 2099         Section 38. Section 479.106, Florida Statutes, is amended
 2100  to read:
 2101         479.106 Vegetation management.—
 2102         (1) The removal, cutting, or trimming of trees or
 2103  vegetation on public right-of-way to make visible or to ensure
 2104  future visibility of the facing of a proposed sign or previously
 2105  permitted sign shall be performed only with the written
 2106  permission of the department in accordance with the provisions
 2107  of this section.
 2108         (2) Any person desiring to engage in the removal, cutting,
 2109  or trimming of trees or vegetation for the purposes herein
 2110  described shall apply for an appropriate permit by make written
 2111  application to the department. The application for a permit
 2112  shall include at the election of the applicant, one of the
 2113  following:
 2114         (a) A vegetation management plan consisting of a property
 2115  sketch indicating the onsite location of the vegetation or
 2116  individual trees to be removed, cut, or trimmed and describing
 2117  the existing conditions and proposed work to be accomplished.
 2118         (b) Mitigation contribution to the Federal Grants Trust
 2119  Fund pursuant to s. 589.277(2) using values of a wholesale plant
 2120  nursery registered with the Division of Plant Industry of the
 2121  Department of Agriculture and Consumer Services.
 2122         (c) A combination of both a vegetation management plan and
 2123  mitigation contribution the applicant’s plan for the removal,
 2124  cutting, or trimming and for the management of any vegetation
 2125  planted as part of a mitigation plan.
 2126         (3) In evaluating a vegetation management plan or
 2127  mitigation contribution, the department As a condition of any
 2128  removal of trees or vegetation, and where the department deems
 2129  appropriate as a condition of any cutting or trimming, the
 2130  department may require a vegetation management plan, approved by
 2131  the department, which considers conservation and mitigation, or
 2132  contribution to a plan of mitigation, for the replacement of
 2133  such vegetation. Each plan or contribution shall reasonably
 2134  evaluate the application as it relates relate to the vegetation
 2135  being affected by the application, taking into consideration the
 2136  condition of such vegetation, and, where appropriate, may
 2137  require a vegetation management plan to consider conservation
 2138  and mitigation, or contribution to a plan of mitigation, for the
 2139  cutting or removal of such vegetation. The department may
 2140  approve shall include plantings that which will allow reasonable
 2141  visibility of sign facings while screening sign structural
 2142  supports. Only herbicides approved by the Department of
 2143  Agriculture and Consumer Services may be used in the removal of
 2144  vegetation. The department shall act on the application for
 2145  approval of vegetation management plans, or approval of
 2146  mitigation contribution, within 30 days after receipt of such
 2147  application. A permit issued in response to such application is
 2148  valid for 5 years, may be renewed for an additional 5 years by
 2149  payment of the applicable application fee, and is binding upon
 2150  the department. The department may establish special mitigation
 2151  programs for the beautification and aesthetic improvement of
 2152  designated areas and permit individual applicants to contribute
 2153  to such programs as a part or in lieu of other mitigation
 2154  requirements.
 2155         (4) The department may establish an application fee not to
 2156  exceed $25 for each individual application to defer the costs of
 2157  processing such application and a fee not to exceed $200 to
 2158  defer the costs of processing an application for multiple sites.
 2159         (5) The department may only grant a permit pursuant to s.
 2160  479.07 for a new sign which requires the removal, cutting, or
 2161  trimming of existing trees or vegetation on public right-of-way
 2162  for the sign face to be visible from the highway when the sign
 2163  owner has removed one at least two nonconforming sign signs of
 2164  approximate comparable size and surrendered the permits for the
 2165  nonconforming signs to the department for cancellation. For
 2166  signs originally permitted after July 1, 1996, no permit for the
 2167  removal, cutting, or trimming of trees or vegetation shall be
 2168  granted where such trees or vegetation are part of a
 2169  beautification project implemented prior to the date of the
 2170  original sign permit application, when the beautification
 2171  project is specifically identified in the department’s
 2172  construction plans, permitted landscape projects, or agreements.
 2173         (6) As a minimum, view zones shall be established along the
 2174  public rights-of-way of interstate highways, expressways,
 2175  federal-aid primary highways, and the State Highway System in
 2176  the state, excluding privately or other publicly owned property,
 2177  as follows:
 2178         (a) A view zone of 350 feet for posted speed limits of 35
 2179  miles per hour or less.
 2180         (b) A view zone of 500 feet for posted speed limits of more
 2181  than 35 miles per hour.
 2182  
 2183         The established view zone shall be within the first 1,000
 2184  feet measured along the edge of the pavement in the direction of
 2185  approaching traffic from a point on the edge of the pavement
 2186  perpendicular to the edge of the sign facing nearest the highway
 2187  and shall be continuous unless interrupted by vegetation that
 2188  has established historical significance, is protected by state
 2189  law, or has a circumference, measured at 4 and 1/2 feet above
 2190  grade, is equal to or greater than 70 percent of the
 2191  circumference of the Florida Champion of the same species as
 2192  listed in the Florida Register of Big Trees of the Florida
 2193  Native Plant Society. The sign owner may designate the specific
 2194  location of the view zone for each sign facing. In the absence
 2195  of such designation, the established view zone shall be measured
 2196  from the sign along the edge of the pavement in the direction of
 2197  approaching traffic as provided in this subsection.
 2198         (7)(6) Beautification projects, trees, or other vegetation
 2199  shall not be planted or located in the view zone of legally
 2200  erected and permitted outdoor advertising signs which have been
 2201  permitted prior to the date of the beautification project or
 2202  other planting, where such planting will, at the time of
 2203  planting or after future growth, screen such sign from view. The
 2204  department shall provide written notice to the owner not less
 2205  than 90 days before commencing a beautification project or other
 2206  vegetation planting that may affect a sign, allowing such owner
 2207  not less than 60 days to designate the specific location of the
 2208  view zone of such affected sign. A sign owner is not required to
 2209  prepare a vegetation management plan or secure a vegetation
 2210  management permit for the implementation of beautification
 2211  projects.
 2212         (a) View zones are established along the public rights-of
 2213  way of interstate highways, expressways, federal-aid primary
 2214  highways, and the State Highway System in the state, excluding
 2215  privately or other publicly owned property, as follows:
 2216         1. A view zone of 350 feet for posted speed limits of 35
 2217  miles per hour or less.
 2218         2. A view zone of 500 feet for posted speed limits of over
 2219  35 miles per hour.
 2220         (b) The established view zone shall be within the first
 2221  1,000 feet measured along the edge of the pavement in the
 2222  direction of approaching traffic from a point on the edge of the
 2223  pavement perpendicular to the edge of the sign facing nearest
 2224  the highway and shall be continuous unless interrupted by
 2225  existing, naturally occurring vegetation. The department and the
 2226  sign owner may enter into an agreement identifying the specific
 2227  location of the view zone for each sign facing. In the absence
 2228  of such agreement, the established view zone shall be measured
 2229  from the sign along the edge of the pavement in the direction of
 2230  approaching traffic as provided in this subsection.
 2231         (a)(c) If a sign owner alleges any governmental entity or
 2232  other party has violated this subsection, the sign owner must
 2233  provide 90 days’ written notice to the governmental entity or
 2234  other party allegedly violating this subsection. If the alleged
 2235  violation is not cured by the governmental entity or other party
 2236  within the 90-day period, the sign owner may file a claim in the
 2237  circuit court where the sign is located. A copy of such
 2238  complaint shall be served contemporaneously upon the
 2239  governmental entity or other party. If the circuit court
 2240  determines a violation of this subsection has occurred, the
 2241  court shall award a claim for compensation equal to the lesser
 2242  of the revenue from the sign lost during the time of screening
 2243  or the fair market value of the sign, and the governmental
 2244  entity or other party shall pay the award of compensation
 2245  subject to available appeal. Any modification or removal of
 2246  material within a beautification project or other planting by
 2247  the governmental entity or other party to cure an alleged
 2248  violation shall not require the issuance of a permit from the
 2249  Department of Transportation provided not less than 48 hours’
 2250  notice is provided to the department of the modification or
 2251  removal of the material. A natural person, private corporation,
 2252  or private partnership licensed under part II of chapter 481
 2253  providing design services for beautification or other projects
 2254  shall not be subject to a claim of compensation under this
 2255  section when the initial project design meets the requirements
 2256  of this section.
 2257         (b)(d) This subsection shall not apply to the provisions of
 2258  any existing written agreement executed before July 1, 2006,
 2259  between any local government and the owner of an outdoor
 2260  advertising sign.
 2261         (8)(7) Any person engaging in removal, cutting, or trimming
 2262  of trees or vegetation in violation of this section or
 2263  benefiting from such actions shall be subject to an
 2264  administrative penalty of up to $1,000 and required to mitigate
 2265  for the unauthorized removal, cutting, or trimming in such
 2266  manner and in such amount as may be required under the rules of
 2267  the department.
 2268         (9)(8) The intent of this section is to create partnering
 2269  relationships which will have the effect of improving the
 2270  appearance of Florida’s highways and creating a net increase in
 2271  the vegetative habitat along the roads. Department rules shall
 2272  encourage the use of plants which are low maintenance and native
 2273  to the general region in which they are planted.
 2274         Section 39. Subsections (16), (17), and (18) are added to
 2275  section 479.16, Florida Statutes, to read:
 2276         479.16 Signs for which permits are not required.—The
 2277  following signs are exempt from the requirement that a permit
 2278  for a sign be obtained under the provisions of this chapter but
 2279  are required to comply with the provisions of s. 479.11(4)-(8):
 2280         (16)Signs erected under the local tourist-oriented
 2281  commerce program signs pilot program under s. 479.263.
 2282         (17)Signs not in excess of 32 square feet placed
 2283  temporarily during harvest season of a farm operation for a
 2284  period of no more than 4 months at a road junction with the
 2285  State Highway System denoting only the distance or direction of
 2286  the farm operation. The temporary farm operation harvest sign
 2287  provision under this subsection may not be implemented if the
 2288  Federal Government notifies the department that implementation
 2289  will adversely affect the allocation of federal funds to the
 2290  department.
 2291         (18) Signs that promote the official sponsor of an event,
 2292  sports team, exhibition, or facility in connection with the
 2293  operation of a publicly owned and privately operated
 2294  professional sport and entertainment venue fronting on a federal
 2295  aid primary highway. This subsection is null and void if the
 2296  Federal Government notifies the department in writing that such
 2297  application will adversely affect the allocation of federal
 2298  funds to the department.
 2299         Section 40. Section 479.263, Florida Statutes, is created
 2300  to read:
 2301         479.263 Tourist-oriented commerce signs pilot program.—The
 2302  local tourist-oriented commerce signs pilot program is created
 2303  in rural areas of critical economic concern as defined by s.
 2304  288.0656(2)(d) and (e). Signs erected under this program do not
 2305  require a permit under this chapter.
 2306         (1) A local tourist-oriented business that is a small
 2307  business as defined in s. 288.703 may erect a sign that meets
 2308  the following criteria:
 2309         (a) The signs are not more than 8 square feet in size or
 2310  more than 4 feet in height.
 2311         (b) The signs are located only in rural areas along
 2312  highways that are not limited access highways.
 2313         (c) The signs are located within 2 miles of the business
 2314  location and not less than 500 feet apart.
 2315         (d) The advertising copy on the signs consists only of the
 2316  name of the business or the principal or accessory merchandise
 2317  or services sold or furnished on the premises of the business.
 2318         (2) A business placing such signs under this section:
 2319         (a) Must be a minimum of 4 miles from any other business
 2320  placing signs under this program.
 2321         (b) May not participate in the logo sign program authorized
 2322  under s. 479.261 or the tourist-oriented directional sign
 2323  program authorized under s. 479.262.
 2324         (3)Businesses that are conducted in a building principally
 2325  used as a residence are not eligible to participate.
 2326         (4) Each business utilizing this program shall notify the
 2327  department in writing of its intent to do so prior to placing
 2328  signs. The department shall maintain statistics of the
 2329  businesses participating in the program. This program shall not
 2330  take effect if the Federal Highway Administration advises the
 2331  department in writing that implementation constitutes a loss of
 2332  effective control of outdoor advertising.
 2333         (5) This section expires June 30, 2016.
 2334         Section 41. Subsection (1) of section 311.09, Florida
 2335  Statutes, is amended, and subsection (13) is added that section,
 2336  to read:
 2337         311.09 Florida Seaport Transportation and Economic
 2338  Development Council.—
 2339         (1) The Florida Seaport Transportation and Economic
 2340  Development Council is created within the Department of
 2341  Transportation. The council consists of the following 18 17
 2342  members: the port director, or the port director’s designee, of
 2343  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 2344  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 2345  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 2346  West, and Fernandina; the secretary of the Department of
 2347  Transportation or his or her designee; the director of the
 2348  Office of Tourism, Trade, and Economic Development or his or her
 2349  designee; and the secretary of the Department of Community
 2350  Affairs or his or her designee.
 2351         (13) Until July 1, 2014, Citrus County may apply for a
 2352  grant through the Florida Seaport Transportation and Economic
 2353  Development Council to perform a feasibility study regarding the
 2354  establishment of a port in Citrus County. The council shall
 2355  evaluate such application pursuant to subsections (5)–(9) and,
 2356  if approved, the Department of Transportation shall include the
 2357  feasibility study in its budget request pursuant to subsection
 2358  (10). If the study determines that a port in Citrus County is
 2359  not feasible, the membership of Port Citrus on the council shall
 2360  terminate.
 2361         Section 42. Section 316.2045, Florida Statutes, is
 2362  repealed.
 2363         Section 43. Section 316.2046, Florida Statutes, is created
 2364  to read:
 2365         316.2046 Obstruction of public streets, highways, and
 2366  roads.—
 2367         (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
 2368         (a) Ensuring public safety on public streets, highways, and
 2369  roads is an important and substantial state interest.
 2370         (b) Obstruction of the free flow of traffic on public
 2371  streets, highways, and roads endangers the public safety.
 2372         (c) Obtrusive and distracting activities that impede
 2373  pedestrian traffic adjacent to streets, highways, and roads can
 2374  also disrupt the free flow of traffic and endanger public
 2375  safety.
 2376         (d) Soliciting funds or engaging in a commercial exchange
 2377  with a person who is in a vehicle that is not stopped in a
 2378  driveway or designated parking area has the potential to
 2379  endanger the safe movement of vehicles.
 2380         (2) DEFINITIONS.—As used in this section, the term
 2381  “solicit” means to request employment, business, contributions,
 2382  donations, sales, or exchanges of any kind.
 2383         (3) PERMIT REQUIRED.—Where a permit is required by a
 2384  municipality or county, it is unlawful for any person, willfully
 2385  and without a permit, to solicit or obstruct the free,
 2386  convenient, and normal use of any public street, highway, or
 2387  road by standing or approaching motor vehicles while on or
 2388  immediately adjacent to the street, highway, or road in a manner
 2389  that could endanger the safe movement of vehicles or pedestrians
 2390  traveling thereon.
 2391         (a) Each county and municipality shall adopt a permitting
 2392  process that protects public safety but does not impair the
 2393  rights of free speech, except to the extent necessary to protect
 2394  public safety. The permitting process must authorize or deny a
 2395  permit within 2 business days. A permit application denial by a
 2396  county or municipality shall be in writing and be based on a
 2397  finding that the proposed activity:
 2398         1. Increases the likelihood of traffic accidents;
 2399         2. Violates traffic laws, rules, or ordinances;
 2400         3. Makes the sidewalk impassable for pedestrians; or
 2401         4. Significantly increases the likelihood of harm to
 2402  motorists and passersby.
 2403         (b)If the county or municipality approves the permit, it
 2404  must issue to the applicant a document specifying:
 2405         1. The name and address of the person or entity to whom the
 2406  permit is granted;
 2407         2. The name of the company the person represents, if any;
 2408  and
 2409         3. The expiration date of the permit.
 2410         (c) The permitholder must keep the permit on his or her
 2411  person at all times when engaging in activity authorized by the
 2412  permit.
 2413         (d) The cost of the permit may not exceed an amount that is
 2414  reasonably necessary to administer the permitting process.
 2415  However, a permit may not be denied to any applicant for lack of
 2416  financial means, as attested to by a signed affidavit.
 2417         (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
 2418  section, counties and municipalities have original jurisdiction
 2419  over non-limited access state roads, and local roads, streets,
 2420  and highways within their physical jurisdiction. Counties and
 2421  municipalities may increase the restrictions of the permit
 2422  program if those restrictions are narrowly tailored to serve an
 2423  important public purpose. A county or municipality may opt out
 2424  of the permit program by a majority vote of the members of the
 2425  county or municipal governing body. This section does not
 2426  preempt any existing ordinances, such as any ordinance requiring
 2427  a peddler’s license or similar type of authorization.
 2428         (5) EXCEPTIONS.—This section does not:
 2429         (a) Restrict a person from passively standing or sitting on
 2430  a public sidewalk and holding a sign if that person does not
 2431  obstruct the flow of vehicle or pedestrian traffic.
 2432         (b) Apply to any art festival, parade, fair, or other
 2433  special event permitted by the appropriate county or
 2434  municipality where the streets are blocked off from the normal
 2435  flow of traffic.
 2436         (c) Apply to:
 2437         1. Law enforcement officers carrying out their duties;
 2438         2.Emergency vehicles responding to an emergency or
 2439  possible emergency;
 2440         3.Mail-delivery vehicles;
 2441         4.Service vehicles performing work adjacent to the
 2442  roadway; and
 2443         5.Any commercial vehicle that is used solely for the
 2444  purpose of collecting solid waste or recyclable or recovered
 2445  materials and that is stopped for the sole purpose of collecting
 2446  solid waste or recyclable or recovered materials.
 2447         (6) VIOLATIONS.—Any person who violates the provisions of
 2448  this section, upon conviction, shall be cited for a pedestrian
 2449  violation, punishable as provided in chapter 318. An additional
 2450  $10 shall be added to the fine levied under chapter 318. Moneys
 2451  collected from this additional $10 fine shall be deposited into
 2452  the Grants and Donations Trust Fund of the Department of
 2453  Children and Family Services and used by the State Office on
 2454  Homelessness to supplement grants made under s. 420.622(4) and
 2455  (5).
 2456         (7) ENFORCEMENT.—The Department of Highway Safety and Motor
 2457  Vehicles and other law enforcement agencies are authorized and
 2458  directed to enforce this section.
 2459         Section 44. Section 316.2047, Florida Statutes, is created
 2460  to read:
 2461         316.2047Panhandling.—
 2462         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
 2463  panhandling, soliciting, or demanding money, gifts, or donations
 2464  may interfere with the safe ingress and egress of human and
 2465  vehicular traffic into public buildings, public areas, and
 2466  public transportation areas, thereby constituting a threat to
 2467  the public health, welfare, and safety of the citizenry. The
 2468  Legislature also finds that aggressive and fraudulent
 2469  panhandling are threats to public safety and personal security.
 2470         (2) DEFINITIONS.—As used in this section, the term:
 2471         (a) “Aggressive panhandling” means to knowingly request
 2472  money, gifts, or donations:
 2473         1. By unwanted touching, detaining, impeding, or
 2474  intimidation;
 2475         2. Under circumstances that warrant justifiable and
 2476  reasonable alarm or immediate concern for the safety of persons
 2477  or property in the vicinity;
 2478         3. By following the solicited person after that person has
 2479  made a negative response; or
 2480         4. By using obscene or abusive language or gestures that
 2481  are reasonably likely to intimidate or cause fear of bodily
 2482  harm.
 2483         (b) “False or misleading representation” means, without
 2484  limitation:
 2485         1. Stating that the donation is needed to meet a specific
 2486  need, when the solicitor already has sufficient funds to meet
 2487  that need and does not disclose that fact;
 2488         2.Stating that the solicitor is from out of town and
 2489  stranded, when such is not true;
 2490         3. Wearing a military uniform or other indication of
 2491  military service when the solicitor is not a present or former
 2492  member of the service indicated;
 2493         4. Wearing or displaying an indication of physical
 2494  disability, when the solicitor does not suffer the disability
 2495  indicated;
 2496         5. Using any makeup or device to simulate any deformity; or
 2497         6. Stating that the solicitor is homeless, when he or she
 2498  is not.
 2499         (c) “Fraudulent panhandling” means to knowingly make any
 2500  false or misleading representation in the course of soliciting a
 2501  donation.
 2502         (d) “Panhandling” means to:
 2503         1. Solicit, request, or beg for an immediate donation of
 2504  money or something else of value; or
 2505         2. Offer an individual an item of little or no monetary
 2506  value in exchange for money or another gratuity under
 2507  circumstances that would cause a reasonable individual to
 2508  understand that the transaction is only a donation.
 2509         (3)PROHIBITED ACTIVITY.—It is unlawful to:
 2510         (a)Engage in aggressive panhandling.
 2511         (b)Engage in panhandling:
 2512         1. Within 20 feet of a bus stop;
 2513         2. Within 20 feet of an automated teller machine or the
 2514  entrance to a bank;
 2515         3. While blocking the entrance to a building or motor
 2516  vehicle; or
 2517         4. In a parking garage owned or operated by a county, a
 2518  municipality, or an agency of the state or the Federal
 2519  Government.
 2520         (c) Engage in fraudulent panhandling.
 2521         (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
 2522  municipalities may increase the restrictions on panhandling if
 2523  those restrictions are nondiscriminatory and narrowly tailored
 2524  to serve an important public purpose. A county or municipality
 2525  may opt out of the provisions of this section by a majority vote
 2526  of the members of the county or municipal governing body. This
 2527  section does not preempt any existing ordinances that are
 2528  consistent with this section.
 2529         (5) VIOLATIONS; PENALTIES.—Any person who violates the
 2530  provisions of this section, upon conviction, shall have any
 2531  permit issued under s. 316.2046 revoked and shall be cited for a
 2532  pedestrian violation, punishable as provided in chapter 318. An
 2533  additional $10 shall be added to the fine levied under chapter
 2534  318. Moneys collected from this additional $10 fine shall be
 2535  deposited into the Grants and Donations Trust Fund of the
 2536  Department of Children and Family Services and used by the State
 2537  Office on Homelessness to supplement grants made under s.
 2538  420.622(4) and (5).
 2539         (6) ENFORCEMENT.—The Department of Highway Safety and Motor
 2540  Vehicles and other law enforcement agencies are authorized and
 2541  directed to enforce this section.
 2542         (7) EXPIRATION.-The provisions of this section shall expire
 2543  on June 30, 2017.
 2544         Section 45. Section 337.406, Florida Statutes, is amended
 2545  to read:
 2546         337.406 Unlawful use of state transportation facility
 2547  right-of-way; penalties.—
 2548         (1) Except when leased as provided in s. 337.25(5) or
 2549  otherwise authorized by the rules of the department, it is
 2550  unlawful to make any use of any limited access highway the
 2551  right-of-way of any state transportation facility, including
 2552  appendages thereto, outside of an incorporated municipality in
 2553  any manner that interferes with the safe and efficient movement
 2554  of people and property from place to place on the transportation
 2555  facility. Failure to prohibit the use of right-of-way in this
 2556  manner will endanger the health, safety, and general welfare of
 2557  the public by causing distractions to motorists, unsafe
 2558  pedestrian movement within travel lanes, sudden stoppage or
 2559  slowdown of traffic, rapid lane changing and other dangerous
 2560  traffic movement, increased vehicular accidents, and motorist
 2561  injuries and fatalities. Such prohibited uses include, but are
 2562  not limited to, the free distribution or sale, or display or
 2563  solicitation for free distribution or sale, of any merchandise,
 2564  goods, property or services; the solicitation for charitable
 2565  purposes; the servicing or repairing of any vehicle, except the
 2566  rendering of emergency service; the storage of vehicles being
 2567  serviced or repaired on abutting property or elsewhere; and the
 2568  display of advertising of any sort, except that any portion of a
 2569  state transportation facility may be used for an art festival,
 2570  parade, fair, or other special event if permitted by the
 2571  appropriate local governmental entity. Counties and
 2572  municipalities shall regulate the use of transportation
 2573  facilities within their jurisdiction, except limited access
 2574  highways, pursuant to s. 316.2046. The Department of
 2575  Transportation shall regulate the use of rest areas and welcome
 2576  centers as limited public forums that are provided to the public
 2577  for safety rest stops. Accordingly, the uses within these rest
 2578  areas and welcome centers may be limited. Local government
 2579  entities may issue permits of limited duration for the temporary
 2580  use of the right-of-way of a state transportation facility for
 2581  any of these prohibited uses if it is determined that the use
 2582  will not interfere with the safe and efficient movement of
 2583  traffic and the use will cause no danger to the public. The
 2584  permitting authority granted in this subsection shall be
 2585  exercised by the municipality within incorporated municipalities
 2586  and by the county outside an incorporated municipality. Before a
 2587  road on the State Highway System may be temporarily closed for a
 2588  special event, the local governmental entity which permits the
 2589  special event to take place must determine that the temporary
 2590  closure of the road is necessary and must obtain the prior
 2591  written approval for the temporary road closure from the
 2592  department. Nothing in this subsection shall be construed to
 2593  authorize such activities on any limited access highway. Local
 2594  governmental entities may, within their respective
 2595  jurisdictions, initiate enforcement action by the appropriate
 2596  code enforcement authority or law enforcement authority for a
 2597  violation of this section.
 2598         (2) Persons holding valid peddlers’ licenses issued by
 2599  appropriate governmental entities may make sales from vehicles
 2600  standing on the right-of-way to occupants of abutting property
 2601  only.
 2602         (2)(3) The Department of Highway Safety and Motor Vehicles
 2603  and other law enforcement agencies are authorized and directed
 2604  to enforce this statute.
 2605         (3)(4) Camping is prohibited on any portion of the right
 2606  of-way of the State Highway System that is within 100 feet of a
 2607  bridge, causeway, overpass, or ramp.
 2608         (4)(5) The violation of any provision of this section or
 2609  any rule promulgated by the department pursuant to this section
 2610  constitutes a misdemeanor of the second degree, punishable as
 2611  provided in s. 775.082 or s. 775.083, and each day a violation
 2612  continues to exist constitutes a separate offense.
 2613         Section 46. Effective upon this act becoming a law, Section
 2614  3 of chapter 2008-174, Laws of Florida, is amended to read:
 2615         Section 3. (1) School districts are encouraged to enter
 2616  into partnerships with local businesses for purposes of
 2617  mentorship opportunities, the development of employment options
 2618  and additional funding sources, and other mutual benefits.
 2619         (2) As a pilot program through June 30, 2013 2011, the Palm
 2620  Beach County school district may recognize its business partners
 2621  by publicly displaying such business partners’ names on school
 2622  district property in the unincorporated areas. “Project
 2623  Graduation” and athletic sponsorships are examples of
 2624  appropriate recognition. The district shall make every effort to
 2625  display its business partners’ names in a manner that is
 2626  consistent with the county standards for uniformity in size,
 2627  color, and placement of signs. If the provisions of this section
 2628  are inconsistent with the county ordinances or regulations
 2629  relating to signs in the unincorporated areas or inconsistent
 2630  with chapter 125, chapter 166, or chapter 479, Florida Statutes,
 2631  the provisions of this section prevail.
 2632         Section 47. (1)As used in this section, the term:
 2633         (a)“License” includes any certificate, permit, medallion,
 2634  or other evidence that authorizes a person to operate a public
 2635  vehicle for hire within the geographic boundaries of a
 2636  governmental unit.
 2637         (b)“Governmental unit” includes a county, municipality,
 2638  special district, commission, or other unit of state or local
 2639  government.
 2640         (2)Any governmental unit that is authorized to regulate
 2641  the operation of public vehicles for hire within its geographic
 2642  boundaries may adopt ordinances, rules, regulations, orders, or
 2643  other acts that create a private property right or interest in a
 2644  license to operate a public vehicle for hire within the
 2645  geographic boundaries of the governmental unit.
 2646         (3)Upon creation of a private property right or interest
 2647  in a license to operate, a public vehicle for hire licenseholder
 2648  shall have the right to pledge, assign, sublease, sell, or
 2649  otherwise transfer the license, except as provided otherwise by
 2650  ordinances, rules, regulations, orders, or other acts of the
 2651  local governmental unit. A private property right or interest in
 2652  a license to operate a public vehicle for hire may be
 2653  transferred by operation of intestate succession or devise,
 2654  except as provided otherwise by ordinances, rules, regulations,
 2655  orders, or other acts of the local governmental unit. The
 2656  ownership, transfer and operation of a public vehicle for hire
 2657  license shall be in compliance with the governmental unit’s
 2658  local ordinances, rules, regulations, and orders regarding
 2659  ownership, transfer, and operation of public vehicle for hires.
 2660         (4) Any governmental unit that is authorized to regulate
 2661  the operation of public vehicles for hire and other for-hire
 2662  transportation within its geographic boundaries may request and
 2663  receive criminal history record information for the purpose of
 2664  screening applicants for licenses and for-hire vehicle driver’s
 2665  licenses and pay a fee for any such record. Such record
 2666  information may include a national criminal history records
 2667  check with the Federal Bureau of Investigation. The fingerprints
 2668  may be submitted by the governmental unit to the Department of
 2669  Law Enforcement for state processing, and the department shall
 2670  forward them to the Federal Bureau of Investigation for a
 2671  national criminal history records check. All costs associated
 2672  with transmittal and processing shall be borne by the
 2673  governmental unit, the employer, or the person subject to the
 2674  background check. The department shall submit an invoice to the
 2675  governmental unit for the fingerprints submitted each month. The
 2676  governmental unit shall screen background results to determine
 2677  if an applicant meets its licensure requirements.
 2678         (5) This section does not preempt or modify any ordinance
 2679  creating a property right or interest in a vehicle for public
 2680  hire license created by a governmental unit before July 1, 2011,
 2681  or any amendment to an ordinance creating a property right or
 2682  interest on or after July 1, 2011.
 2683         Section 48. Paragraph (a) of subsection (12) of section
 2684  163.3180, Florida Statutes, is amended to read:
 2685         163.3180 Concurrency.—
 2686         (12)(a) A development of regional impact may satisfy the
 2687  transportation concurrency requirements of the local
 2688  comprehensive plan, the local government’s concurrency
 2689  management system, and s. 380.06 by payment of a proportionate
 2690  share contribution for local and regionally significant traffic
 2691  impacts, if:
 2692         1. The development of regional impact which, based on its
 2693  location or mix of land uses, is designed to encourage
 2694  pedestrian or other nonautomotive modes of transportation;
 2695         2. The proportionate-share contribution for local and
 2696  regionally significant traffic impacts is sufficient to pay for
 2697  one or more required mobility improvements that will benefit a
 2698  regionally significant transportation facility;
 2699         3. The owner and developer of the development of regional
 2700  impact pays or assures payment of the proportionate-share
 2701  contribution; and
 2702         4. If the regionally significant transportation facility to
 2703  be constructed or improved is under the maintenance authority of
 2704  a governmental entity, as defined by s. 334.03(12), other than
 2705  the local government with jurisdiction over the development of
 2706  regional impact, the developer is required to enter into a
 2707  binding and legally enforceable commitment to transfer funds to
 2708  the governmental entity having maintenance authority or to
 2709  otherwise assure construction or improvement of the facility.
 2710  
 2711         The proportionate-share contribution may be applied to any
 2712  transportation facility to satisfy the provisions of this
 2713  subsection and the local comprehensive plan, but, for the
 2714  purposes of this subsection, the amount of the proportionate
 2715  share contribution shall be calculated based upon the cumulative
 2716  number of trips from the proposed development expected to reach
 2717  roadways during the peak hour from the complete buildout of a
 2718  stage or phase being approved, divided by the change in the peak
 2719  hour maximum service volume of roadways resulting from
 2720  construction of an improvement necessary to maintain the adopted
 2721  level of service, multiplied by the construction cost, at the
 2722  time of developer payment, of the improvement necessary to
 2723  maintain the adopted level of service. For purposes of this
 2724  subsection, “construction cost” includes all associated costs of
 2725  the improvement. Proportionate-share mitigation shall be limited
 2726  to ensure that a development of regional impact meeting the
 2727  requirements of this subsection mitigates its impact on the
 2728  transportation system but is not responsible for the additional
 2729  cost of reducing or eliminating backlogs. This subsection also
 2730  applies to Florida Quality Developments pursuant to s. 380.061
 2731  and to detailed specific area plans implementing optional sector
 2732  plans pursuant to s. 163.3245.
 2733         Section 49. Paragraph (k) of subsection (1) of section
 2734  163.3187, Florida Statutes, is amended to read:
 2735         163.3187 Amendment of adopted comprehensive plan.—
 2736         (1) Amendments to comprehensive plans adopted pursuant to
 2737  this part may be made not more than two times during any
 2738  calendar year, except:
 2739         (k) A local comprehensive plan amendment directly related
 2740  to providing transportation improvements to enhance life safety
 2741  on controlled access major arterial highways identified in the
 2742  Strategic Intermodal System Florida Intrastate Highway System,
 2743  in counties as defined in s. 125.011, where such roadways have a
 2744  high incidence of traffic accidents resulting in serious injury
 2745  or death. Any such amendment shall not include any amendment
 2746  modifying the designation on a comprehensive development plan
 2747  land use map nor any amendment modifying the allowable densities
 2748  or intensities of any land.
 2749         Section 50. Subsection (3) of section 288.063, Florida
 2750  Statutes, is amended to read:
 2751         288.063 Contracts for transportation projects.—
 2752         (3) With respect to any contract executed pursuant to this
 2753  section, the term “transportation project” means a
 2754  transportation facility as defined in s. 334.03(31) which is
 2755  necessary in the judgment of the Office of Tourism, Trade, and
 2756  Economic Development to facilitate the economic development and
 2757  growth of the state. Except for applications received prior to
 2758  July 1, 1996, such transportation projects shall be approved
 2759  only as a consideration to attract new employment opportunities
 2760  to the state or expand or retain employment in existing
 2761  companies operating within the state, or to allow for the
 2762  construction or expansion of a state or federal correctional
 2763  facility in a county with a population of 75,000 or less that
 2764  creates new employment opportunities or expands or retains
 2765  employment in the county. The Office of Tourism, Trade, and
 2766  Economic Development shall institute procedures to ensure that
 2767  small and minority businesses have equal access to funding
 2768  provided under this section. Funding for approved transportation
 2769  projects may include any expenses, other than administrative
 2770  costs and equipment purchases specified in the contract,
 2771  necessary for new, or improvement to existing, transportation
 2772  facilities. Funds made available pursuant to this section may
 2773  not be expended in connection with the relocation of a business
 2774  from one community to another community in this state unless the
 2775  Office of Tourism, Trade, and Economic Development determines
 2776  that without such relocation the business will move outside this
 2777  state or determines that the business has a compelling economic
 2778  rationale for the relocation which creates additional jobs.
 2779  Subject to appropriation for projects under this section, any
 2780  appropriation greater than $10 million shall be allocated to
 2781  each of the districts of the Department of Transportation to
 2782  ensure equitable geographical distribution. Such allocated funds
 2783  that remain uncommitted by the third quarter of the fiscal year
 2784  shall be reallocated among the districts based on pending
 2785  project requests.
 2786         Section 51. Paragraph (b) of subsection (3) of section
 2787  311.07, Florida Statutes, is amended to read:
 2788         311.07 Florida seaport transportation and economic
 2789  development funding.—
 2790         (3)
 2791         (b) Projects eligible for funding by grants under the
 2792  program are limited to the following port facilities or port
 2793  transportation projects:
 2794         1. Transportation facilities within the jurisdiction of the
 2795  port.
 2796         2. The dredging or deepening of channels, turning basins,
 2797  or harbors.
 2798         3. The construction or rehabilitation of wharves, docks,
 2799  structures, jetties, piers, storage facilities, cruise
 2800  terminals, automated people mover systems, or any facilities
 2801  necessary or useful in connection with any of the foregoing.
 2802         4. The acquisition of vessel tracking systems, container
 2803  cranes, or other mechanized equipment used in the movement of
 2804  cargo or passengers in international commerce.
 2805         5. The acquisition of land to be used for port purposes.
 2806         6. The acquisition, improvement, enlargement, or extension
 2807  of existing port facilities.
 2808         7. Environmental protection projects which are necessary
 2809  because of requirements imposed by a state agency as a condition
 2810  of a permit or other form of state approval; which are necessary
 2811  for environmental mitigation required as a condition of a state,
 2812  federal, or local environmental permit; which are necessary for
 2813  the acquisition of spoil disposal sites and improvements to
 2814  existing and future spoil sites; or which result from the
 2815  funding of eligible projects listed in this paragraph.
 2816         8. Transportation facilities as defined in s. 334.03(31)
 2817  which are not otherwise part of the Department of
 2818  Transportation’s adopted work program.
 2819         9. Seaport intermodal access projects identified in the 5
 2820  year Florida Seaport Mission Plan as provided in s. 311.09(3).
 2821         10. Construction or rehabilitation of port facilities as
 2822  defined in s. 315.02, excluding any park or recreational
 2823  facilities, in ports listed in s. 311.09(1) with operating
 2824  revenues of $5 million or less, provided that such projects
 2825  create economic development opportunities, capital improvements,
 2826  and positive financial returns to such ports.
 2827         Section 52. Subsection (7) of section 311.09, Florida
 2828  Statutes, is amended to read:
 2829         311.09 Florida Seaport Transportation and Economic
 2830  Development Council.—
 2831         (7) The Department of Transportation shall review the list
 2832  of projects approved by the council for consistency with the
 2833  Florida Transportation Plan and the department’s adopted work
 2834  program. In evaluating the consistency of a project, the
 2835  department shall determine whether the transportation impact of
 2836  the proposed project is adequately handled by existing state
 2837  owned transportation facilities or by the construction of
 2838  additional state-owned transportation facilities as identified
 2839  in the Florida Transportation Plan and the department’s adopted
 2840  work program. In reviewing for consistency a transportation
 2841  facility project as defined in s. 334.03(31) which is not
 2842  otherwise part of the department’s work program, the department
 2843  shall evaluate whether the project is needed to provide for
 2844  projected movement of cargo or passengers from the port to a
 2845  state transportation facility or local road. If the project is
 2846  needed to provide for projected movement of cargo or passengers,
 2847  the project shall be approved for consistency as a consideration
 2848  to facilitate the economic development and growth of the state
 2849  in a timely manner. The Department of Transportation shall
 2850  identify those projects which are inconsistent with the Florida
 2851  Transportation Plan and the adopted work program and shall
 2852  notify the council of projects found to be inconsistent.
 2853         Section 53. Section 316.2122, Florida Statutes, is amended
 2854  to read:
 2855         316.2122 Operation of a low-speed vehicle or mini truck on
 2856  certain roadways.—The operation of a low-speed vehicle as
 2857  defined in s. 320.01(42) or a mini truck as defined in s.
 2858  320.01(45) on any road as defined in s. 334.03(15) or (33) is
 2859  authorized with the following restrictions:
 2860         (1) A low-speed vehicle or mini truck may be operated only
 2861  on streets where the posted speed limit is 35 miles per hour or
 2862  less. This does not prohibit a low-speed vehicle or mini truck
 2863  from crossing a road or street at an intersection where the road
 2864  or street has a posted speed limit of more than 35 miles per
 2865  hour.
 2866         (2) A low-speed vehicle must be equipped with headlamps,
 2867  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 2868  parking brakes, rearview mirrors, windshields, seat belts, and
 2869  vehicle identification numbers.
 2870         (3) A low-speed vehicle or mini truck must be registered
 2871  and insured in accordance with s. 320.02 and titled pursuant to
 2872  chapter 319.
 2873         (4) Any person operating a low-speed vehicle or mini truck
 2874  must have in his or her possession a valid driver’s license.
 2875         (5) A county or municipality may prohibit the operation of
 2876  low-speed vehicles or mini trucks on any road under its
 2877  jurisdiction if the governing body of the county or municipality
 2878  determines that such prohibition is necessary in the interest of
 2879  safety.
 2880         (6) The Department of Transportation may prohibit the
 2881  operation of low-speed vehicles or mini trucks on any road under
 2882  its jurisdiction if it determines that such prohibition is
 2883  necessary in the interest of safety.
 2884         Section 54. Paragraph (c) of subsection (5) of section
 2885  316.515, Florida Statutes, is amended to read:
 2886         316.515 Maximum width, height, length.—
 2887         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
 2888  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
 2889         (c) The width and height limitations of this section do not
 2890  apply to farming or agricultural equipment, whether self
 2891  propelled, pulled, or hauled, when temporarily operated during
 2892  daylight hours upon a public road that is not a limited access
 2893  facility as defined in s. 334.03(13), and the width and height
 2894  limitations may be exceeded by such equipment without a permit.
 2895  To be eligible for this exemption, the equipment shall be
 2896  operated within a radius of 50 miles of the real property owned,
 2897  rented, or leased by the equipment owner. However, equipment
 2898  being delivered by a dealer to a purchaser is not subject to the
 2899  50-mile limitation. Farming or agricultural equipment greater
 2900  than 174 inches in width must have one warning lamp mounted on
 2901  each side of the equipment to denote the width and must have a
 2902  slow-moving vehicle sign. Warning lamps required by this
 2903  paragraph must be visible from the front and rear of the vehicle
 2904  and must be visible from a distance of at least 1,000 feet.
 2905         Section 55. Section 318.12, Florida Statutes, is amended to
 2906  read:
 2907         318.12 Purpose.—It is the legislative intent in the
 2908  adoption of this chapter to decriminalize certain violations of
 2909  chapter 316, the Florida Uniform Traffic Control Law; chapter
 2910  320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
 2911  chapter 338, Limited Access Florida Intrastate Highway System
 2912  and Toll Facilities; and chapter 1006, Support of Learning,
 2913  thereby facilitating the implementation of a more uniform and
 2914  expeditious system for the disposition of traffic infractions.
 2915         Section 56. Subsection (3) of section 335.02, Florida
 2916  Statutes, is amended to read:
 2917         335.02 Authority to designate transportation facilities and
 2918  rights-of-way and establish lanes; procedure for redesignation
 2919  and relocation; application of local regulations.—
 2920         (3) The department may establish standards for lanes on the
 2921  State Highway System, including the Strategic Intermodal System
 2922  highway corridors Florida Intrastate Highway System established
 2923  pursuant to s. 339.65 338.001. In determining the number of
 2924  lanes for any regional corridor or section of highway on the
 2925  State Highway System to be funded by the department with state
 2926  or federal funds, the department shall evaluate all alternatives
 2927  and seek to achieve the highest degree of efficient mobility for
 2928  corridor users. In conducting the analysis, the department must
 2929  give consideration to the following factors consistent with
 2930  sound engineering principles:
 2931         (a) Overall economic importance of the corridor as a trade
 2932  or tourism corridor.
 2933         (b) Safety of corridor users, including the importance of
 2934  the corridor for evacuation purposes.
 2935         (c) Cost-effectiveness of alternative methods of increasing
 2936  the mobility of corridor users.
 2937         (d) Current and projected traffic volumes on the corridor.
 2938         (e) Multimodal alternatives.
 2939         (f) Use of intelligent transportation technology in
 2940  increasing the efficiency of the corridor.
 2941         (g) Compliance with state and federal policies related to
 2942  clean air, environmental impacts, growth management, livable
 2943  communities, and energy conservation.
 2944         (h) Addition of special use lanes, such as exclusive truck
 2945  lanes, high-occupancy-vehicle toll lanes, and exclusive
 2946  interregional traffic lanes.
 2947         (i) Availability and cost of rights-of-way, including
 2948  associated costs, and the most effective use of existing rights
 2949  of-way.
 2950         (j) Regional economic and transportation objectives, where
 2951  articulated.
 2952         (k) The future land use plan element of local government
 2953  comprehensive plans, as appropriate, including designated urban
 2954  infill and redevelopment areas.
 2955         (l) The traffic circulation element, if applicable, of
 2956  local government comprehensive plans, including designated
 2957  transportation corridors and public transportation corridors.
 2958         (m) The approved metropolitan planning organization's long
 2959  range transportation plan, as appropriate.
 2960  
 2961         This subsection does not preclude a number of lanes in
 2962  excess of 10 lanes, but an additional factor that must be
 2963  considered before the department may determine that the number
 2964  of lanes should be more than 10 is the capacity to accommodate
 2965  in the future alternative forms of transportation within
 2966  existing or potential rights-of-way.
 2967         Section 57. Section 336.01, Florida Statutes, is amended to
 2968  read:
 2969         336.01 Designation of county road system.—The county road
 2970  system shall be as defined in s. 334.03(8).
 2971         Section 58. Section 338.222, Florida Statutes, is amended
 2972  to read:
 2973         338.222 Department of Transportation sole governmental
 2974  entity to acquire, construct, or operate turnpike projects;
 2975  exception.—
 2976         (1) No governmental entity other than the department may
 2977  acquire, construct, maintain, or operate the turnpike system
 2978  subsequent to the enactment of this law, except upon specific
 2979  authorization of the Legislature.
 2980         (2) The department may contract with any local governmental
 2981  entity as defined in s. 334.03(14) for the design, right-of-way
 2982  acquisition, or construction of any turnpike project which the
 2983  Legislature has approved. Local governmental entities may
 2984  negotiate with the department for the design, right-of-way
 2985  acquisition, and construction of any section of the turnpike
 2986  project within areas of their respective jurisdictions or within
 2987  counties with which they have interlocal agreements.
 2988         Section 59. Paragraph (b) of subsection (1) of section
 2989  338.223, Florida Statutes, is amended to read:
 2990         338.223 Proposed turnpike projects.—
 2991         (1)
 2992         (b) Any proposed turnpike project or improvement shall be
 2993  developed in accordance with the Florida Transportation Plan and
 2994  the work program pursuant to s. 339.135. Turnpike projects that
 2995  add capacity, alter access, affect feeder roads, or affect the
 2996  operation of the local transportation system shall be included
 2997  in the transportation improvement plan of the affected
 2998  metropolitan planning organization. If such turnpike project
 2999  does not fall within the jurisdiction of a metropolitan planning
 3000  organization, the department shall notify the affected county
 3001  and provide for public hearings in accordance with s.
 3002  339.155(5)(6)(c).
 3003         Section 60. Subsection (4) of section 338.227, Florida
 3004  Statutes, is amended to read:
 3005         338.227 Turnpike revenue bonds.—
 3006         (4) The Department of Transportation and the Department of
 3007  Management Services shall create and implement an outreach
 3008  program designed to enhance the participation of minority
 3009  persons and minority business enterprises in all contracts
 3010  entered into by their respective departments for services
 3011  related to the financing of department projects for the
 3012  Strategic Intermodal System Plan developed pursuant to s. 339.64
 3013  Florida Intrastate Highway System Plan. These services shall
 3014  include, but not be limited to, bond counsel and bond
 3015  underwriters.
 3016         Section 61. Subsection (2) of section 338.2275, Florida
 3017  Statutes, is amended to read:
 3018         338.2275 Approved turnpike projects.—
 3019         (2) The department is authorized to use turnpike revenues,
 3020  the State Transportation Trust Fund moneys allocated for
 3021  turnpike projects pursuant to s. 339.65 s. 338.001, federal
 3022  funds, and bond proceeds, and shall use the most cost-efficient
 3023  combination of such funds, in developing a financial plan for
 3024  funding turnpike projects. The department must submit a report
 3025  of the estimated cost for each ongoing turnpike project and for
 3026  each planned project to the Legislature 14 days before the
 3027  convening of the regular legislative session. Verification of
 3028  economic feasibility and statements of environmental feasibility
 3029  for individual turnpike projects must be based on the entire
 3030  project as approved. Statements of environmental feasibility are
 3031  not required for those projects listed in s. 12, chapter 90-136,
 3032  Laws of Florida, for which the Project Development and
 3033  Environmental Reports were completed by July 1, 1990. All
 3034  required environmental permits must be obtained before the
 3035  department may advertise for bids for contracts for the
 3036  construction of any turnpike project.
 3037         Section 62. Section 338.228, Florida Statutes, is amended
 3038  to read:
 3039         338.228 Bonds not debts or pledges of credit of state.
 3040  Turnpike revenue bonds issued under the provisions of ss.
 3041  338.22-338.241 are not debts of the state or pledges of the
 3042  faith and credit of the state. Such bonds are payable
 3043  exclusively from revenues pledged for their payment. All such
 3044  bonds shall contain a statement on their face that the state is
 3045  not obligated to pay the same or the interest thereon, except
 3046  from the revenues pledged for their payment, and that the faith
 3047  and credit of the state is not pledged to the payment of the
 3048  principal or interest of such bonds. The issuance of turnpike
 3049  revenue bonds under the provisions of ss. 338.22-338.241 does
 3050  not directly, indirectly, or contingently obligate the state to
 3051  levy or to pledge any form of taxation whatsoever, or to make
 3052  any appropriation for their payment. Except as provided in ss.
 3053  338.001, 338.223, and 338.2275, and 339.65, no state funds may
 3054  not shall be used on any turnpike project or to pay the
 3055  principal or interest of any bonds issued to finance or
 3056  refinance any portion of the turnpike system, and all such bonds
 3057  shall contain a statement on their face to this effect.
 3058         Section 63. Subsection (2) of section 338.234, Florida
 3059  Statutes, is amended to read:
 3060         338.234 Granting concessions or selling along the turnpike
 3061  system; immunity from taxation.—
 3062         (2) The effectuation of the authorized purposes of the
 3063  Strategic Intermodal System, created under ss. 339.61-339.65,
 3064  Florida Intrastate Highway System and Florida Turnpike
 3065  Enterprise, created under this chapter, is for the benefit of
 3066  the people of the state, for the increase of their commerce and
 3067  prosperity, and for the improvement of their health and living
 3068  conditions; and, because the system and enterprise perform
 3069  essential government functions in effectuating such purposes,
 3070  neither the turnpike enterprise nor any nongovernment lessee or
 3071  licensee renting, leasing, or licensing real property from the
 3072  turnpike enterprise, pursuant to an agreement authorized by this
 3073  section, are required to pay any commercial rental tax imposed
 3074  under s. 212.031 on any capital improvements constructed,
 3075  improved, acquired, installed, or used for such purposes.
 3076         Section 64. Subsections (1) and (3) of section 339.2819,
 3077  Florida Statutes, are amended to read:
 3078         339.2819 Transportation Regional Incentive Program.—
 3079         (1) There is created within the Department of
 3080  Transportation a Transportation Regional Incentive Program for
 3081  the purpose of providing funds to improve regionally significant
 3082  transportation facilities in regional transportation areas
 3083  created pursuant to s. 339.155(4)(5).
 3084         (3) The department shall allocate funding available for the
 3085  Transportation Regional Incentive Program to the districts based
 3086  on a factor derived from equal parts of population and motor
 3087  fuel collections for eligible counties in regional
 3088  transportation areas created pursuant to s. 339.155(4)(5).
 3089         Section 65. Subsection (6) of section 339.285, Florida
 3090  Statutes, is amended to read:
 3091         339.285 Enhanced Bridge Program for Sustainable
 3092  Transportation.—
 3093         (6) Preference shall be given to bridge projects located on
 3094  corridors that connect to the Strategic Intermodal System,
 3095  created under s. 339.64, and that have been identified as
 3096  regionally significant in accordance with s. 339.155(4)(5)(c),
 3097  (d), and (e).
 3098         Section 66. Section 339.62, Florida Statutes, is amended to
 3099  read:
 3100         339.62 System components.—The Strategic Intermodal System
 3101  shall consist of appropriate components of:
 3102         (1) Highway corridors The Florida Intrastate Highway System
 3103  established under s. 339.65 s. 338.001.
 3104         (2) The National Highway System.
 3105         (3) Airport, seaport, and spaceport facilities.
 3106         (4) Rail lines and rail facilities.
 3107         (5) Selected intermodal facilities; passenger and freight
 3108  terminals; and appropriate components of the State Highway
 3109  System, county road system, city street system, inland
 3110  waterways, and local public transit systems that serve as
 3111  existing or planned connectors between the components listed in
 3112  subsections (1)-(4).
 3113         (6) Other existing or planned corridors that serve a
 3114  statewide or interregional purpose.
 3115         Section 67. Subsection (2) of section 341.053, Florida
 3116  Statutes, is amended to read:
 3117         341.053 Intermodal Development Program; administration;
 3118  eligible projects; limitations.—
 3119         (2) In recognition of the department's role in the economic
 3120  development of this state, the department shall develop a
 3121  proposed intermodal development plan to connect Florida's
 3122  airports, deepwater seaports, rail systems serving both
 3123  passenger and freight, and major intermodal connectors to the
 3124  Strategic Intermodal System highway corridors Florida Intrastate
 3125  Highway System facilities as the primary system for the movement
 3126  of people and freight in this state in order to make the
 3127  intermodal development plan a fully integrated and
 3128  interconnected system. The intermodal development plan must:
 3129         (a) Define and assess the state's freight intermodal
 3130  network, including airports, seaports, rail lines and terminals,
 3131  intercity bus lines and terminals, and connecting highways.
 3132         (b) Prioritize statewide infrastructure investments,
 3133  including the acceleration of current projects, which are found
 3134  by the Freight Stakeholders Task Force to be priority projects
 3135  for the efficient movement of people and freight.
 3136         (c) Be developed in a manner that will assure maximum use
 3137  of existing facilities and optimum integration and coordination
 3138  of the various modes of transportation, including both
 3139  government-owned and privately owned resources, in the most
 3140  cost-effective manner possible.
 3141         Section 68. Section 341.8225, Florida Statutes, is amended
 3142  to read:
 3143         341.8225 Department of Transportation sole governmental
 3144  entity to acquire, construct, or operate high-speed rail
 3145  projects; exception.—
 3146         (1) No governmental entity other than the department may
 3147  acquire, construct, maintain, or operate the high-speed rail
 3148  system except upon specific authorization of the Legislature.
 3149         (2) Local governmental entities, as defined in s.
 3150  334.03(14), may negotiate with the department for the design,
 3151  right-of-way acquisition, and construction of any component of
 3152  the high-speed rail system within areas of their respective
 3153  jurisdictions or within counties with which they have interlocal
 3154  agreements.
 3155         Section 69. Paragraph (a) of subsection (2) of section
 3156  403.7211, Florida Statutes, is amended to read:
 3157         403.7211 Hazardous waste facilities managing hazardous
 3158  wastes generated offsite; federal facilities managing hazardous
 3159  waste.—
 3160         (2) The department shall not issue any permit under s.
 3161  403.722 for the construction, initial operation, or substantial
 3162  modification of a facility for the disposal, storage, or
 3163  treatment of hazardous waste generated offsite which is proposed
 3164  to be located in any of the following locations:
 3165         (a) Any area where life-threatening concentrations of
 3166  hazardous substances could accumulate at any residence or
 3167  residential subdivision as the result of a catastrophic event at
 3168  the proposed facility, unless each such residence or residential
 3169  subdivision is served by at least one arterial road or urban
 3170  minor arterial road, as determined under the procedures
 3171  referenced in s. 334.03(9) defined in s. 334.03, which provides
 3172  safe and direct egress by land to an area where such life
 3173  threatening concentrations of hazardous substances could not
 3174  accumulate in a catastrophic event. Egress by any road leading
 3175  from any residence or residential subdivision to any point
 3176  located within 1,000 yards of the proposed facility is unsafe
 3177  for the purposes of this paragraph. In determining whether
 3178  egress proposed by the applicant is safe and direct, the
 3179  department shall also consider, at a minimum, the following
 3180  factors:
 3181         1. Natural barriers such as water bodies, and whether any
 3182  road in the proposed evacuation route is impaired by a natural
 3183  barrier such as a water body;
 3184         2. Potential exposure during egress and potential increases
 3185  in the duration of exposure;
 3186         3. Whether any road in a proposed evacuation route passes
 3187  in close proximity to the facility; and
 3188         4. Whether any portion of the evacuation route is
 3189  inherently directed toward the facility.
 3190  
 3191         For the purposes of this subsection, all distances shall be
 3192  measured from the outer limit of the active hazardous waste
 3193  management area. "Substantial modification" includes: any
 3194  physical change in, change in the operations of, or addition to
 3195  a facility which could increase the potential offsite impact, or
 3196  risk of impact, from a release at that facility; and any change
 3197  in permit conditions which is reasonably expected to lead to
 3198  greater potential impacts or risks of impacts, from a release at
 3199  that facility. "Substantial modification" does not include a
 3200  change in operations, structures, or permit conditions which
 3201  does not substantially increase either the potential impact
 3202  from, or the risk of, a release. Physical or operational changes
 3203  to a facility related solely to the management of nonhazardous
 3204  waste at the facility shall not be considered a substantial
 3205  modification. The department shall, by rule, adopt criteria to
 3206  determine whether a facility has been substantially modified.
 3207  "Initial operation" means the initial commencement of operations
 3208  at the facility.
 3209         Section 70. Subsection (1) of section 479.07, Florida
 3210  Statutes, is amended to read:
 3211         479.07 Sign permits.—
 3212         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
 3213  person may not erect, operate, use, or maintain, or cause to be
 3214  erected, operated, used, or maintained, any sign on the State
 3215  Highway System outside an urban area, as defined in s.
 3216  334.03(32), or on any portion of the interstate or federal-aid
 3217  primary highway system without first obtaining a permit for the
 3218  sign from the department and paying the annual fee as provided
 3219  in this section. As used in this section, the term “on any
 3220  portion of the State Highway System, interstate, or federal-aid
 3221  primary system” means a sign located within the controlled area
 3222  which is visible from any portion of the main-traveled way of
 3223  such system.
 3224         Section 71. Subsection (5) of section 479.261, Florida
 3225  Statutes, is amended to read:
 3226         479.261 Logo sign program.—
 3227         (5) At a minimum, permit fees for businesses that
 3228  participate in the program must be established in an amount
 3229  sufficient to offset the total cost to the department for the
 3230  program, including contract costs. The department shall provide
 3231  the services in the most efficient and cost-effective manner
 3232  through department staff or by contracting for some or all of
 3233  the services. The department shall adopt rules that set
 3234  reasonable rates based upon factors such as population, traffic
 3235  volume, market demand, and costs for annual permit fees.
 3236  However, annual permit fees for sign locations inside an urban
 3237  area, as defined in s. 334.03(32), may not exceed $3,500, and
 3238  annual permit fees for sign locations outside an urban area, as
 3239  defined in s. 334.03(32), may not exceed $2,000. After
 3240  recovering program costs, the proceeds from the annual permit
 3241  fees shall be deposited into the State Transportation Trust Fund
 3242  and used for transportation purposes.
 3243         Section 72. Edna S. Hargrett-Thrower Avenue designated;
 3244  Department of Transportation to erect suitable markers.—
 3245         (1)That portion of Orange Blossom Trail between Gore
 3246  Street and Church Street in Orange County is designated as "Edna
 3247  S. Hargrett-Thrower Avenue."
 3248         (2)The Department of Transportation is directed to erect
 3249  suitable markers designating Edna S. Hargrett-Thrower Avenue as
 3250  described in subsection (1).
 3251         Section 73. SP4 Thomas Berry Corbin Memorial Highway
 3252  designated; Department of Transportation to erect suitable
 3253  markers.—
 3254         (1) That portion of U.S. Highway 19/27A/98/State Road 55
 3255  between the Suwannee River Bridge and N.E. 592nd Street/Chavous
 3256  Road/Kate Green Road in Dixie County is designated as "SP4
 3257  Thomas Berry Corbin Memorial Highway."
 3258         (2)The Department of Transportation is directed to erect
 3259  suitable markers designating SP4 Thomas Berry Corbin Memorial
 3260  Highway as described in subsection (1).
 3261         Section 74. U.S. Navy BMC Samuel Calhoun Chavous, Jr.
 3262  Memorial Highway designated; Department of Transportation to
 3263  erect suitable markers.—
 3264         (1)That portion of U.S. Highway 19/98/State Road 55
 3265  between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
 3266  170th Street in Dixie County is designated as "U.S. Navy BMC
 3267  Samuel Calhoun Chavous, Jr. Memorial Highway."
 3268         (2)The Department of Transportation is directed to erect
 3269  suitable markers designating U.S. Navy BMC Samuel Calhoun
 3270  Chavous, Jr. Memorial Highway as described in subsection (1).
 3271         Section 75. Marine Lance Corporal Brian R. Buesing Memorial
 3272  Highway designated; Department of Transportation to erect
 3273  suitable markers.—
 3274         (1)That portion of State Road 24 between County Road 347
 3275  and Bridge Number 340053 in Levy County is designated as "Marine
 3276  Lance Corporal Brian R. Buesing Memorial Highway."
 3277         (2)The Department of Transportation is directed to erect
 3278  suitable markers designating Marine Lance Corporal Brian R.
 3279  Buesing Memorial Highway as described in subsection (1).
 3280         Section 76. United States Army Sergeant Karl A. Campbell
 3281  Memorial Highway designated; Department of Transportation to
 3282  erect suitable markers.—
 3283         (1)That portion of U.S. Highway 19/98/State Road 55/S.
 3284  Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
 3285  County is designated as "United States Army Sergeant Karl A.
 3286  Campbell Memorial Highway."
 3287         (2)The Department of Transportation is directed to erect
 3288  suitable markers designating United States Army Sergeant Karl A.
 3289  Campbell Memorial Highway as described in subsection (1).
 3290         Section 77. U.S. Army SPC James A. Page Memorial Highway
 3291  designated; Department of Transportation to erect suitable
 3292  markers.—
 3293         (1)That portion of U.S. Highway 27A/State Road
 3294  500/Hathaway Avenue between State Road 24/Thrasher Drive and
 3295  Town Court in Levy County is designated as "U.S. Army SPC James
 3296  A. Page Memorial Highway."
 3297         (2)The Department of Transportation is directed to erect
 3298  suitable markers designating U.S. Army SPC James A. Page
 3299  Memorial Highway as described in subsection (1).
 3300         Section 78. Veterans Memorial Highway designated;
 3301  Department of Transportation to erect suitable markers.—
 3302         (1)That portion of State Road 19 between U.S. Highway
 3303  17/State Road 15 and Carriage Drive in the City of Palatka in
 3304  Putnam County is designated as "Veterans Memorial Highway."
 3305         (2) The Department of Transportation is directed to erect
 3306  suitable markers designating Veterans Memorial Highway as
 3307  described in subsection (1).
 3308         Section 79. Ben G. Watts Highway designated; Department of
 3309  Transportation to erect suitable markers.—
 3310         (1)That portion of U.S. Highway 90/State Road 10 between
 3311  the Holmes County line and the Jackson County line in Washington
 3312  County is designated as "Ben G. Watts Highway."
 3313         (2)The Department of Transportation is directed to erect
 3314  suitable markers designating Ben G. Watts Highway as described
 3315  in subsection (1).
 3316         Section 80. Mardi Gras Way designated; Department of
 3317  Transportation to erect suitable markers.—
 3318         (1)That portion of State Road 824 between Interstate 95
 3319  and U.S. Highway 1 in Broward County is designated as "Mardi
 3320  Gras Way."
 3321         (2)The Department of Transportation is directed to erect
 3322  suitable markers designating Mardi Gras Way as described in
 3323  subsection (1).
 3324         Section 81. West Park Boulevard designated; Department of
 3325  Transportation to erect suitable markers.—
 3326         (1)That portion of State Road 7 between Pembroke Road and
 3327  County Line Road in Broward County is designated as "West Park
 3328  Boulevard."
 3329         (2)The Department of Transportation is directed to erect
 3330  suitable markers designating West Park Boulevard as described in
 3331  subsection (1).
 3332         Section 82. Pembroke Park Boulevard designated; Department
 3333  of Transportation to erect suitable markers.—
 3334         (1)That portion of State Road 858/Hallandale Beach
 3335  Boulevard between Interstate 95 and U.S. Highway 441/State Road
 3336  7 in Broward County is designated as "Pembroke Park Boulevard."
 3337         (2)The Department of Transportation is directed to erect
 3338  suitable markers designating Pembroke Park Boulevard as
 3339  described in subsection (1).
 3340         Section 83. Stark Memorial Drive designated; Department of
 3341  Transportation to erect suitable markers.—
 3342         (1)That portion of State Road 101/Mayport Road between
 3343  State Road A1A and Wonderwood Connector in Duval County is
 3344  designated as "Stark Memorial Drive."
 3345         (2)The Department of Transportation is directed to erect
 3346  suitable markers designating Stark Memorial Drive as described
 3347  in subsection (1).
 3348         Section 84. Duval County Law Enforcement Memorial Overpass
 3349  designated; Department of Transportation to erect suitable
 3350  markers.—
 3351         (1)The Interstate 295/State Road 9A overpass (Bridge
 3352  Numbers 720256 and 720347) over Interstate 10/State Road 8 in
 3353  Duval County is designated as "Duval County Law Enforcement
 3354  Memorial Overpass."
 3355         (2)The Department of Transportation is directed to erect
 3356  suitable markers designating Duval County Law Enforcement
 3357  Memorial Overpass as described in subsection (1).
 3358         Section 85. Verna Bell Way designated; Department of
 3359  Transportation to erect suitable markers.—
 3360         (1)That portion of State Road 200 between Lime Street and
 3361  Beech Street in the City of Fernandina Beach in Nassau County is
 3362  designated as "Verna Bell Way."
 3363         (2)The Department of Transportation is directed to erect
 3364  suitable markers designating Verna Bell Way as described in
 3365  subsection (1).
 3366         Section 86. Deputy Hal P. Croft and Deputy Ronald Jackson
 3367  Memorial Highway designated; Department of Transportation to
 3368  erect suitable markers.—
 3369         (1)That portion of State Road 100 East in Union County
 3370  between the Bradford County line and the Columbia County line is
 3371  designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
 3372  Memorial Highway."
 3373         (2)The Department of Transportation is directed to erect
 3374  suitable markers designating Deputy Hal P. Croft and Deputy
 3375  Ronald Jackson Memorial Highway as described in subsection (1).
 3376         Section 87. Dr. Oscar Elias Biscet Boulevard designated;
 3377  Department of Transportation to erect suitable markers.—
 3378         (1)That portion of Coral Way between S.W. 32nd Avenue and
 3379  S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
 3380  Oscar Elias Biscet Boulevard."
 3381         (2)The Department of Transportation is directed to erect
 3382  suitable markers designating Dr. Oscar Elias Biscet Boulevard as
 3383  described in subsection (1).
 3384         Section 88. Hugh Anderson Boulevard designated; Department
 3385  of Transportation to erect suitable markers.—
 3386         (1)That portion of Biscayne Boulevard between N.E. 88th
 3387  Street and N.E. 105th Street in Miami Shores Village in Miami
 3388  Dade County is designated as "Hugh Anderson Boulevard."
 3389         (2)The Department of Transportation is directed to erect
 3390  suitable markers designating Hugh Anderson Boulevard as
 3391  described in subsection (1).
 3392         Section 89. Palmetto General Hospital Way designated;
 3393  Department of Transportation to erect suitable markers.—
 3394         (1)That portion of West 20th Avenue between West 68th
 3395  Street and West 73rd Street in Miami-Dade County is designated
 3396  as "Palmetto General Hospital Way."
 3397         (2)The Department of Transportation is directed to erect
 3398  suitable markers designating Palmetto General Hospital Way as
 3399  described in subsection (1).
 3400         Section 90. Senator Javier D. Souto Way designated;
 3401  Department of Transportation to erect suitable markers.—
 3402         (1)That portion of State Road 976/Bird Road between S.W.
 3403  87th Avenue and the Palmetto Expressway Ramp in Miami-Dade
 3404  County is designated as "Senator Javier D. Souto Way."
 3405         (2)The Department of Transportation is directed to erect
 3406  suitable markers designating Senator Javier D. Souto Way as
 3407  described subsection (1).
 3408         Section 91. Reverend Max Salvadore Avenue designated;
 3409  Department of Transportation to erect suitable markers.—
 3410         (1)That portion of S.W. 27th Avenue between S.W. 8th
 3411  Street and S.W. 13th Street in the City of Miami in Miami-Dade
 3412  County is designated as "Reverend Max Salvadore Avenue."
 3413         (2)The Department of Transportation is directed to erect
 3414  suitable markers designating Reverend Max Salvadore Avenue as
 3415  described in subsection (1).
 3416         Section 92. BRIGADA 2506 STREET, Carlos Rodriguez Santana
 3417  designated; Department of Transportation to erect suitable
 3418  markers.—
 3419         (1)That portion of S.W. 8th Street between S.W. 10th
 3420  Avenue and S.W. 12th Avenue in the City of Miami in Miami-Dade
 3421  County is designated as "BRIGADA 2506 STREET, Carlos Rodriguez
 3422  Santana."
 3423         (2)The Department of Transportation is directed to erect
 3424  suitable markers designating BRIGADA 2506 STREET, Carlos
 3425  Rodriguez Santana as described in subsection (1).
 3426         Section 93. Rev. Jorge Comesanas Way designated; Department
 3427  of Transportation to erect suitable markers.—
 3428         (1)That portion of S.W. 87th Avenue between S.W. 8th
 3429  Street and S.W. 24th Street in Miami-Dade County is designated
 3430  as "Rev. Jorge Comesanas Way."
 3431         (2)The Department of Transportation is directed to erect
 3432  suitable markers designating Rev. Jorge Comesanas Way as
 3433  described in subsection (1).
 3434         Section 94. Amadeo Lopez-Castro, Jr. Road designated;
 3435  Department of Transportation to erect suitable markers.—
 3436         (1)That portion of S.W. 57th Avenue/Red Road between S.W.
 3437  8th Street and S.W. 88th Street/Kendall Drive in Miami-Dade
 3438  County is designated as "Amadeo Lopez-Castro, Jr. Road."
 3439         (2)The Department of Transportation is directed to erect
 3440  suitable markers designating Amadeo Lopez-Castro, Jr. Road as
 3441  described in subsection (1).
 3442         Section 95. Benjamin Leon, Jr. Way designated; Department
 3443  of Transportation to erect suitable markers.—
 3444         (1)That portion of 27th Avenue located in Miami-Dade
 3445  County is designated as "Benjamin Leon, Jr. Way."
 3446         (2)The Department of Transportation is directed to erect
 3447  suitable markers designating Benjamin Leon, Jr. Way as described
 3448  in subsection (1).
 3449         Section 96. Miami Medical Team Way designated; Department
 3450  of Transportation to erect suitable markers.—
 3451         (1)That portion of Coral Way/S.W. 22nd Street between 24th
 3452  Avenue and 27th Avenue in Miami-Dade County is designated
 3453         as "Miami Medical Team Way."
 3454         (2)The Department of Transportation is directed to erect
 3455  suitable markers designating Miami Medical Team Way as described
 3456  in subsection (1).
 3457         Section 97. Alma Lee Loy Bridge designated; Department of
 3458  Transportation to erect suitable markers.—
 3459         (1)Bridge Number 880077 on State Road 656 between State
 3460  Road A1A and Indian River Boulevard in the City of Vero Beach in
 3461  Indian River County is designated as "Alma Lee Loy Bridge."
 3462         (2)The Department of Transportation is directed to erect
 3463  suitable markers designating Alma Lee Loy Bridge as described
 3464  subsection (1).
 3465         Section 98. Samuel B. Love Memorial Highway designated;
 3466  Department of Transportation to erect suitable markers.—
 3467         (1)That portion of Sunset Harbor Road between S.E. 105th
 3468  Avenue and S.E. 115th Avenue in Marion County is designated as
 3469  "Samuel B. Love Memorial Highway."
 3470         (2)The Department of Transportation is directed to erect
 3471  suitable markers designating Samuel B. Love Memorial Highway as
 3472  described in subsection (1).
 3473         Section 99. Elvin Martinez Road designated; Department of
 3474  Transportation to erect suitable markers.—
 3475         (1)That portion of Tampa Bay Boulevard between Armenia
 3476  Avenue and Himes Avenue in Hillsborough County is designated as
 3477  "Elvin Martinez Road."
 3478         (2)The Department of Transportation is directed to erect
 3479  suitable markers designating Elvin Martinez Road as described in
 3480  subsection (1).
 3481         Section 100. Whale Harbor Joe Roth Jr. Bridge designated;
 3482  Department of Transportation to erect suitable markers.—
 3483         (1)Whale Harbor Bridge (Bridge Number 900076) on U.S.
 3484  Highway 1/State Road 5 in Monroe County is designated as "Whale
 3485  Harbor Joe Roth Jr. Bridge."
 3486         (2)The Department of Transportation is directed to erect
 3487  suitable markers designating Whale Harbor Joe Roth Jr. Bridge as
 3488  described in subsection (1).
 3489         Section 101. Florida Highway Patrol Trooper Sgt. Nicholas
 3490  G. Sottile Memorial designated; Department of Transportation to
 3491  erect suitable markers.—
 3492         (1)Milepost 22.182 on U.S. Highway 27 in Highlands County
 3493  is designated as "Florida Highway Patrol Trooper Sgt. Nicholas
 3494  G. Sottile Memorial."
 3495         (2)The Department of Transportation is directed to erect
 3496  suitable markers designating Florida Highway Patrol Trooper Sgt.
 3497  Nicholas G. Sottile Memorial as described subsection (1).
 3498         Section 102. Coach Jimmy Carnes Boulevard designated;
 3499  Department of Transportation to erect suitable markers.—
 3500         (1) That portion of S.W. 23rd Street, in front of James G.
 3501  Pressly Stadium, and 4211 S.W. 23rd Street, located between S.W.
 3502  2nd Avenue and Fraternity Row/Drive in Alachua County, is
 3503  designated as "Coach Jimmy Carnes Boulevard."
 3504         (2)The Department of Transportation is directed to erect
 3505  suitable markers designating Coach Jimmy Carnes Boulevard as
 3506  described in subsection (1).
 3507         Section 103. Section 24 of chapter 2010-230, Laws of
 3508  Florida, is amended to read:
 3509         Section 24. Miss Lillie Williams Boulevard designated;
 3510  Department of Transportation to erect suitable markers.—
 3511         (1) That portion of N.W. 79th Street between N.W. 6th
 3512  Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
 3513  designated as "Miss Lillie Williams Boulevard."
 3514         (2) The Department of Transportation is directed to erect
 3515  suitable markers designating Miss Lillie Williams Boulevard as
 3516  described in subsection (1).
 3517         Section 104. Section 45 of chapter 2010-230, Laws of
 3518  Florida, is amended to read:
 3519         Section 45. Father Gerard Jean-Juste Street designated;
 3520  Department of Transportation to erect suitable markers.—
 3521         (1) That portion of N.W. 54th Street in Miami-Dade County
 3522  between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
 3523  is designated "Father Gerard Jean-Juste Street."
 3524         (2) The Department of Transportation is directed to erect
 3525  suitable markers designating Father Gerard Jean-Juste Street as
 3526  described in subsection (1).
 3527         Section 105. Tanya Martin Oubre Pekel Street designated;
 3528  Department of Transportation to erect suitable markers.—
 3529         (1)That portion of State Road 932/N.E. 103rd Street
 3530  between N.W. 3rd Avenue and N.E. 6th Avenue in Miami-Dade County
 3531  is designated as "Tanya Martin Oubre Pekel Street."
 3532         (2)The Department of Transportation is directed to erect
 3533  suitable markers designating Tanya Martin Oubre Pekel Street as
 3534  described in subsection (1).
 3535         Section 106. Deputy Jack A. Romeis Road designated;
 3536  Department of Transportation to erect suitable markers.—
 3537         (1) That portion of State Road 26A in Gainesville, Alachua
 3538  County, between West University Avenue and S.W. 25th Street, is
 3539  designated “Deputy Jack A. Romeis Road.”
 3540         (2) The Department of Transportation is directed to erect
 3541  suitable markers designating Deputy Jack A. Romeis Road as
 3542  described in subsection (1).
 3543         Section 107. Nona and Papa Road designated; Department of
 3544  Transportation to erect suitable markers.—
 3545         (1) That portion of the San Juan Road Extension in
 3546  Anastasia State Park in St. Johns County is designated as “Nona
 3547  and Papa Road.”
 3548         (2) The Department of Transportation is directed to erect
 3549  suitable markers designating Nona and Papa Road as described
 3550  subsection (1).
 3551         Section 108. Walter Francis Spence Parkway designated;
 3552  Department of Transportation to erect suitable markers.—
 3553         (1) That portion of State Road 293 from U.S. 98/State Road
 3554  30 to State Road 20 in Okaloosa County is designated as “Walter
 3555  Francis Spence Parkway.”
 3556         (2) The Department of Transportation is directed to erect
 3557  suitable markers designating Walter Francis Spence Parkway as
 3558  described subsection (1).
 3559         Section 109. Florida's Beaches and Rivers Parkway
 3560  designated; Department of Transportation to erect suitable
 3561  markers.—
 3562         (1) That portion of State Route 87 from its intersection
 3563  with U.S. 98 northward to its intersection with U.S. 90 in Santa
 3564  Rosa County is designated the “Florida's Beaches and Rivers
 3565  Parkway.”
 3566         (2) The Department of Transportation is directed to erect
 3567  suitable markers designating Florida's Beaches and Rivers
 3568  Parkway as described subsection (1).
 3569         Section 110. Corporal Michael J. Roberts Parkway
 3570  designated; Department of Transportation to erect suitable
 3571  markers.—
 3572         (1) That portion of U.S. 41/State Road 45/Nebraska Ave from
 3573  County Road 584/Waters Avenue to State Road 580/Busch Boulevard
 3574  is designated as “Corporal Michael J. Roberts Parkway.”
 3575         (2) The Department of Transportation is directed to erect
 3576  suitable markers designating Corporal Michael J. Roberts as
 3577  described subsection (1).
 3578         Section 111. Harry T. and Harriette V. Moore Memorial
 3579  Highway designated; Department of Transportation to erect
 3580  suitable markers.—
 3581         (1)That portion of State Road 46 in Brevard County from
 3582  U.S. 1 to the Volusia County line is designated as “Harry T. and
 3583  Harriette V. Moore Memorial Highway.”
 3584         (2)The Department of Transportation is directed to erect
 3585  suitable markers designating Harry T. and Harriette V. Moore
 3586  Memorial Highway as described in subsection (1).
 3587         Section 112. Elizabeth G. Means Memorial Boulevard
 3588  designated; Department of Transportation to erect suitable
 3589  markers.—
 3590         (1)That portion of Beaver Street in Duval County between
 3591  Laura Street and Rushing Street is designated as “Elizabeth G.
 3592  Means Memorial Boulevard.”
 3593         (2)The Department of Transportation is directed to erect
 3594  suitable markers designating Elizabeth G. Means Memorial
 3595  Boulevard as described in subsection (1).
 3596         Section 113. Louise Steward Memorial Boulevard designated;
 3597  Department of Transportation to erect suitable markers.—
 3598         (1)That portion of U.S. 1 Alternate/SR 115/SR 115A/Haines
 3599  Street Expressway in Duval County between 8th Street and Duval
 3600  Street is designated as “Louise Steward Memorial Boulevard.”
 3601         (2)The Department of Transportation is directed to erect
 3602  suitable markers designating Louise Steward Memorial Boulevard
 3603  as described in subsection (1).
 3604         Section 114. Isiah J. Williams, III, Memorial Boulevard
 3605  designated; Department of Transportation to erect suitable
 3606  markers.—
 3607         (1)That portion of Edgewood Avenue in Duval County between
 3608  Commonwealth Avenue and Beaver Street is designated as “Isiah J.
 3609  Williams, III, Memorial Boulevard.”
 3610         (2)The Department of Transportation is directed to erect
 3611  suitable markers designating Isiah J. Williams, III, Memorial
 3612  Boulevard as described in subsection (1).
 3613         Section 115. Except as otherwise expressly provided in this
 3614  act and except for this section, which shall take effect upon
 3615  this act becoming a law, this act shall take effect July 1,
 3616  2011.
 3617  
 3618  
 3619  ================= T I T L E  A M E N D M E N T ================
 3620         And the title is amended as follows:
 3621         Delete everything before the enacting clause
 3622  and insert:
 3623                        A bill to be entitled                      
 3624         An act relating to transportation; amending s. 20.23,
 3625         F.S.; providing that the Florida Statewide Passenger
 3626         Rail Commission has the primary and exclusive
 3627         authority to monitor certain designated functions
 3628         related to passenger rail systems; removing from the
 3629         Florida Transportation Commission the responsibility
 3630         and duty to monitor the efficiency, productivity, and
 3631         management of all publicly funded passenger rail
 3632         systems in the state; amending s. 120.80, F.S.,
 3633         relating to rulemaking; exempting the adjustment of
 3634         tolls under specified provisions from provisions
 3635         requiring a statement of estimated regulatory costs
 3636         and a requirement for legislative ratification;
 3637         amending s. 206.41, F.S.; requiring that the portion
 3638         of the tax paid by a county sheriff on motor fuel or
 3639         diesel fuel for use in motor vehicles operated by the
 3640         county sheriff be returned to the sheriff to offset
 3641         the costs of motor and diesel fuel; providing for a
 3642         credit on the monthly diesel fuel tax return; amending
 3643         s. 206.625, F.S.; requiring that the motor fuel tax
 3644         paid by a county sheriff for motor fuel used in motor
 3645         vehicles operated by the county sheriff be returned to
 3646         the sheriff to offset the cost of motor fuel paid by
 3647         the sheriff; amending s. 316.091, F.S.; prohibiting
 3648         use of human-powered vehicles on limited access
 3649         highways and bridges; requiring the Department of
 3650         Transportation to establish a pilot program to open
 3651         certain limited access highways and bridges to
 3652         bicycles and other human-powered vehicles; providing
 3653         requirements for the pilot program; authorizing the
 3654         department to continue or expand the program after the
 3655         end of the pilot period; requiring a report to the
 3656         Governor and the Legislature; amending 212.055, F.S;
 3657         requiring counties to revise, as necessary, any
 3658         interlocal agreements entered into with municipalities
 3659         for the distribution of proceeds of the discretionary
 3660         sales surcharge in order that newly participating
 3661         municipalities may receive a share of the
 3662         distribution; specifying conditions by which a
 3663         municipality may receive a distribution of the sales
 3664         surcharge; amending s. 316.075, F.S.; requiring
 3665         traffic control signals to maintain certain signal
 3666         intervals and display durations based on approach
 3667         speeds; providing that a citation for specified
 3668         violations shall be dismissed if the traffic control
 3669         signal does not meet specified requirements; providing
 3670         dates for intersections to meet requirements of the
 3671         act; amending s. 316.091, F.S.; requiring the
 3672         Department of Transportation to establish a pilot
 3673         program to open certain limited access highways and
 3674         bridges to bicycles and other human-powered vehicles;
 3675         providing requirements for the pilot program; amending
 3676         s. 316.2068, F.S.; authorizing local governments to
 3677         prohibit the operation of electric personal assistive
 3678         mobility devices on sidewalks; amending s. 316.302,
 3679         F.S.; exempting operators of farm labor vehicles from
 3680         certain safety regulations under certain
 3681         circumstances; amending s. 316.613, F.S.; providing
 3682         child-restraint requirements for children ages 4
 3683         through 7 years of age who are less than a specified
 3684         height; providing certain exceptions; redefining the
 3685         term “motor vehicle” to exclude certain vehicles from
 3686         such requirements; providing that parents and others
 3687         are responsible for complying with child-restraint
 3688         requirements in certain chauffeur-driven vehicles;
 3689         providing a grace period; amending s. 331.303, F.S.;
 3690         defining "spaceport launch support facilities";
 3691         amending s. 334.03, F.S.; revising definitions for
 3692         purposes of the Florida Transportation Code; amending
 3693         s. 334.044, F.S.; revising the powers and duties of
 3694         the department relating to jurisdictional
 3695         responsibility and designating facilities; revising
 3696         the types of transportation projects for which
 3697         landscaping materials must be purchased; limiting the
 3698         amount of funds that may be allocated for such
 3699         purchases; revising the department's duties related to
 3700         agreements with Space Florida; amending s. 334.047,
 3701         F.S.; removing a provision prohibiting the department
 3702         from establishing a maximum number of miles of urban
 3703         principal arterial roads within a district or county;
 3704         amending s. 336.021, F.S.; revising the date when
 3705         imposition of the ninth-cent fuel tax is to be levied;
 3706         amending s. 336.025, F.S.; revising the dates when
 3707         impositions or rate changes of the local option fuel
 3708         tax are to be levied and when counties must notify the
 3709         Department of Revenue of such rates or rate changes;
 3710         revising the definition of "transportation
 3711         expenditures"; amending s. 337.111, F.S.; providing
 3712         additional forms of security for the cost of removal
 3713         of monuments or memorials or modifications to an
 3714         installation site at highway rest areas; removing a
 3715         provision requiring renewal of a bond; amending ss.
 3716         337.403 and 337.404, F.S.; revising provisions for
 3717         alleviation of interference with a public road or
 3718         publically owned rail corridor caused by a utility
 3719         facility; requiring the utility owner to initiate and
 3720         complete the work necessary within a certain time
 3721         period; providing for notice to the utility; revising
 3722         provisions for payment of costs; revising provisions
 3723         for completion of work when the utility owner does not
 3724         perform the work; amending s. 337.408, F.S.; revising
 3725         provisions for certain facilities installed within the
 3726         right-of-way limits of roads; requiring counties and
 3727         municipalities to indemnify the department from
 3728         certain claims relating to the installation, removal,
 3729         or relocation of a noncompliant bench or shelter;
 3730         authorizing the department to direct a county or
 3731         municipality to remove or relocate a bus stop, bench,
 3732         transit shelter, waste disposal receptacle, public pay
 3733         telephone, or modular news rack that is not in
 3734         compliance with applicable laws or rules; directing
 3735         the department to remove or relocate such installation
 3736         and charge the cost to the county or municipality;
 3737         authorizing the department to deduct the cost from
 3738         funding available to the municipality or county from
 3739         the department; removing a provision for the
 3740         replacement of an unusable transit bus bench that was
 3741         in service before a certain date; revising the title
 3742         of chapter 338, F.S.; repealing s. 338.001, F.S.,
 3743         relating to provisions for the Florida Intrastate
 3744         Highway System Plan; amending s. 338.01, F.S.;
 3745         including authority of the department in provisions
 3746         for the establishment of limited access facilities;
 3747         amending s. 339.155, F.S.; revising provisions for
 3748         statewide transportation planning by the department;
 3749         providing for federally required transportation
 3750         planning factors; revising provisions for the Florida
 3751         Transportation Plan; removing requirements that the
 3752         plan include a long-range component and a short-range
 3753         component; removing certain reporting requirements;
 3754         revising requirements for public participation in the
 3755         planning process; amending s. 339.175, F.S.; providing
 3756         that representatives of the department shall serve as
 3757         nonvoting advisers to a metropolitan planning
 3758         organization; authorizing the appointment of
 3759         additional nonvoting advisers; amending s. 339.63,
 3760         F.S.; providing for inclusion of certain access
 3761         facilities in the Strategic Intermodal System and the
 3762         Emerging Strategic Intermodal System; amending s.
 3763         339.64, F.S.; revising provisions for development of
 3764         the Strategic Intermodal System Plan; removing the
 3765         Statewide Intermodal Transportation Advisory Council;
 3766         creating s. 339.65, F.S.; providing for the department
 3767         to plan and develop Strategic Intermodal System
 3768         highway corridors; providing for allocations of funds
 3769         on a specified basis; providing for corridor projects
 3770         to be included in the department's adopted work
 3771         program and changes to be a separate part of the
 3772         tentative work program; amending s. 341.302, F.S.;
 3773         providing for construction of safety measures along
 3774         passenger rail corridors and improvements at
 3775         intermodal stations; amending s. 348.0003, F.S.;
 3776         revising financial disclosure requirements for certain
 3777         transportation authorities; amending s. 349.03, F.S.;
 3778         providing for financial disclosure requirements for
 3779         the Jacksonville Transportation Authority; amending s.
 3780         349.04, F.S.; providing that the Jacksonville
 3781         Transportation Authority may conduct meetings and
 3782         workshops using communications media technology;
 3783         providing that certain actions may not be taken unless
 3784         a quorum is present in person; providing that members
 3785         must be physically present to vote on any item;
 3786         amending s. 373.413, F.S.; providing legislative
 3787         intent regarding flexibility in the permitting of
 3788         stormwater management systems; requiring the cost of
 3789         stormwater treatment for a transportation project to
 3790         be balanced with benefits to the public; absolving the
 3791         Department of Transportation of responsibility for the
 3792         abatement of pollutants entering its stormwater
 3793         facilities from offsite sources and from updating
 3794         permits for adjacent lands impacted by right-of-way
 3795         acquisition; authorizing the water management
 3796         districts and the Department of Environmental
 3797         Protection to adopt rules; amending s. 373.4137, F.S.;
 3798         revising mitigation requirements for transportation
 3799         projects to include other nonspecified mitigation
 3800         options; providing for the release of escrowed
 3801         mitigation funds under certain circumstances;
 3802         providing for the exclusion of projects from a
 3803         mitigation plan upon the election of one or more
 3804         agencies rather than the agreement of all parties;
 3805         amending s. 479.01, F.S.; redefining the terms
 3806         “commercial or industrial zone” and “unzoned
 3807         commercial or industrial area”; correcting a cross
 3808         reference; amending s. 479.02, F.S.; deleting obsolete
 3809         provisions; amending s. 479.106, F.S.; revising
 3810         requirements for an application for a permit to
 3811         remove, cut, or trim trees or vegetation around a
 3812         sign; requiring that the application include a
 3813         vegetation management plan, a mitigation contribution
 3814         to a trust fund, or a combination of both; providing
 3815         certain evaluation criteria; providing criteria for
 3816         the use of herbicides; providing a time limit within
 3817         which the Department of Transportation must act;
 3818         providing that the permit is valid for 5 years;
 3819         providing for an extension of the permit; reducing the
 3820         number of nonconforming signs that must be removed
 3821         before a permit may be issued for certain signs;
 3822         providing criteria for view zones; requiring the
 3823         department to provide notice to the sign owner of
 3824         beautification projects or vegetation planting;
 3825         amending 479.16; creating 479.263; amending 311.09;
 3826         repealing s. 316.2045, F.S., relating to obstruction
 3827         of public streets, highways, and roads; creating s.
 3828         316.2046, F.S., relating to obstruction of public
 3829         streets, highways, and roads; providing legislative
 3830         findings; defining the term “solicit”; requiring a
 3831         permit in order to obstruct the use of any public
 3832         street, highway, or road when that obstruction may
 3833         endanger the safe movement of vehicles or pedestrians;
 3834         requiring each county or municipality to adopt a
 3835         permitting process that protects public safety but
 3836         does not impair the rights of free speech; providing
 3837         criteria for the permitting process; limiting the cost
 3838         of the permit to the amount required to administer the
 3839         permitting process; prohibiting the denial of a permit
 3840         due to lack of funds, as attested to by a signed
 3841         affidavit; providing for jurisdiction over non-limited
 3842         access state roads, and local roads, streets, and
 3843         highways for counties and municipalities; providing
 3844         exceptions; providing that a violation of the act is a
 3845         pedestrian violation, punishable under ch. 318, F.S.;
 3846         providing for an additional fine; providing for the
 3847         disposition of moneys collected; providing for
 3848         enforcement by the Department of Highway Safety and
 3849         Motor Vehicles and other law enforcement agencies;
 3850         creating s. 316.2047, F.S., relating to panhandling;
 3851         providing legislative findings; defining terms;
 3852         prohibiting aggressive panhandling, panhandling under
 3853         certain circumstances, and fraudulent panhandling;
 3854         authorizing counties and municipalities to increase
 3855         the restrictions on panhandling under certain
 3856         conditions; providing that a violation of the act is a
 3857         pedestrian violation, punishable under ch. 318, F.S.;
 3858         providing for an additional fine; providing for the
 3859         disposition of moneys collected; providing for
 3860         enforcement by the Department of Highway Safety and
 3861         Motor Vehicles and other law enforcement agencies;
 3862         amending s. 337.406, F.S.; removing the Department of
 3863         Transportation’s authority to provide exceptions to
 3864         the unlawful use of the right-of-way of any state
 3865         transportation facility; broadening provisions to
 3866         prohibit the unlawful use of any limited access
 3867         highway; removing an exception to prohibited uses
 3868         provided for art festivals, parades, fairs, or other
 3869         special events; removing a local government’s
 3870         authority to issue certain permits; authorizing
 3871         counties and municipalities to regulate the use of
 3872         transportation facilities within their respective
 3873         jurisdictions, with the exception of limited access
 3874         highways; authorizing the Department of Transportation
 3875         to regulate the use of welcome centers and rest stops;
 3876         removing provisions authorizing valid peddler
 3877         licensees to make sales from vehicles standing on the
 3878         rights-of-way of welcome centers and rest stops;
 3879         amending s. 28, ch. 2008-174, Laws of Florida;
 3880         revising the expiration of a pilot program that
 3881         authorizes the Palm Beach County school district to
 3882         recognize its business partners by displaying such
 3883         business partners' names on school district property
 3884         in unincorporated areas; providing definitions;
 3885         authorizing governmental units that regulate the
 3886         operation of vehicles for public hire to create a
 3887         private property right in the license to operate a
 3888         vehicle for public hire; providing for the transfer of
 3889         such property right; authorizing governmental units
 3890         that regulate the operation of vehicles for public
 3891         hire to request and receive criminal history record
 3892         information for the purpose of screening applicants;
 3893         providing applicability; amending ss. 163.3180,
 3894         288.063, 311.07, 311.09, 316.2122, 316.515, 336.01,
 3895         338.222, 338.223, 338.2275, 338.228, 339.2819,
 3896         339.285, 341.8225, 479.07, and 479.261, F.S., relating
 3897         to transportation concurrency, contracts, port
 3898         facilities, Florida Seaport Transportation and
 3899         Economic Development Council, low-speed vehicles and
 3900         mini trucks, width and height limitations, the county
 3901         road system, turnpike projects, revenue bonds,
 3902         Transportation Regional Incentive Program, Enhanced
 3903         Bridge Program for Sustainable Transportation, high
 3904         speed rail projects, outdoor advertising, sign
 3905         permits, and the Logo sign program, respectively;
 3906         revising cross-references; amending ss. 163.3187,
 3907         318.12, 335.02, 338.227, 338.234, 339.62, 341.053, and
 3908         403.7211, F.S., relating to comprehensive plans,
 3909         traffic infractions, standards for lanes, services
 3910         related to the financing of projects, concessions
 3911         along the turnpike, components of the Strategic
 3912         Intermodal System, Intermodal Development Program, and
 3913         hazardous waste facilities, respectively; revising
 3914         references to conform to the incorporation of the
 3915         Florida Intrastate Highway System into the Strategic
 3916         Intermodal System and to changes made by the act;
 3917         amending s. 311.09, F.S.; providing that Citrus County
 3918         may apply for a grant for a feasibility study through
 3919         the Florida Seaport Transportation and Economic
 3920         Development Council; providing for the evaluation of
 3921         the application; requiring the Department of
 3922         Transportation to include the study in its budget
 3923         request under certain circumstances; designating Edna
 3924         S. Hargrett-Thrower Avenue in Orange County;
 3925         designating SP4 Thomas Berry Corbin Memorial Highway
 3926         and U.S. Navy BMC Samuel Calhoun Chavous, Jr. Memorial
 3927         Highway in Dixie County; designating Marine Lance
 3928         Corporal Brian R. Buesing Memorial Highway, United
 3929         States Army Sergeant Karl A. Campbell Memorial
 3930         Highway, and U.S. Army SPC James A. Page Memorial
 3931         Highway in Levy County; designating Veterans Memorial
 3932         Highway in Putnam County; designating Ben G. Watts
 3933         Highway in Washington County; designating Mardi Gras
 3934         Way, West Park Boulevard, and Pembroke Park Boulevard
 3935         in Broward County; designating Stark Memorial Drive
 3936         and Duval County Law Enforcement Memorial Overpass in
 3937         Duval County; designating Verna Bell Way in Nassau
 3938         County; designating Deputy Hal P. Croft and Deputy
 3939         Ronald Jackson Memorial Highway in Union County;
 3940         designating Dr. Oscar Elias Biscet Boulevard, Hugh
 3941         Anderson Boulevard, Palmetto General Hospital Way,
 3942         Senator Javier D. Souto Way, Reverend Max Salvadore
 3943         Avenue, BRIGADA 2506 STREET, Carlos Rodriguez Santana,
 3944         Rev. Jorge Comesanas Way, Amadeo Lopez-Castro, Jr.
 3945         Road, Benjamin Leon, Jr. Way, and Miami Medical Team
 3946         Way in Miami-Dade County; designating Alma Lee Loy
 3947         Bridge in Indian River County; designating Samuel B.
 3948         Love Memorial Highway in Marion County; designating
 3949         Elvin Martinez Road in Hillsborough County;
 3950         designating Whale Harbor Joe Roth Jr. Bridge in Monroe
 3951         County; designating Florida Highway Patrol Trooper
 3952         Sgt. Nicholas G. Sottile Memorial in Highlands County;
 3953         designating Coach Jimmy Carnes Boulevard in Alachua
 3954         County; amending ss. 24 and 45, ch. 2010-230, Laws of
 3955         Florida; revising the designation for Miss Lillie
 3956         Williams Boulevard and Father Gerard Jean-Juste Street
 3957         in Miami-Dade County; designating Tanya Martin Oubre
 3958         Pekel Street in Miami-Dade County; designating Deputy
 3959         Jack A. Romeis Road in Alachua County; designating
 3960         Nona and Papa Road in St. Johns County; designating
 3961         Walter Francis Spence Parkway in Okaloosa County;
 3962         designating Florida's Beaches and Rivers Parkway in
 3963         Santa Rosa County; designating Corporal Michael J.
 3964         Roberts Parkway in Hillsborough County; designating
 3965         Harry T. and Harriette V. Moore Memorial Highway in
 3966         Brevard County; designating Elizabeth G. Means
 3967         Memorial Boulevard, Louise Steward Memorial Boulevard,
 3968         and Isiah J. Williams, III, Memorial Boulevard in
 3969         Duval County; directing the Department of
 3970         Transportation to erect suitable markers; providing an
 3971         effective date.
 3972  
 3973         WHEREAS, the state has a significant and substantial
 3974  interest in vehicular and pedestrian safety and the free flow of
 3975  traffic, and
 3976         WHEREAS, studies have shown that Florida is one of the most
 3977  dangerous states in the country for pedestrians, and
 3978         WHEREAS, while the streets may have been the natural and
 3979  proper places for the public dissemination of information prior
 3980  to the advent of the automobile, the streets, highways, and
 3981  roads of this state are now used primarily for transportation,
 3982  and
 3983         WHEREAS, obstructing the flow of pedestrian traffic on a
 3984  sidewalk can cause pedestrians to enter into the roadway and is
 3985  a serious threat to public safety, and
 3986         WHEREAS, the current permitting provisions curtail behavior
 3987  only on sidewalks and streets, which is a danger to public
 3988  safety, and
 3989         WHEREAS, the provisions of this act directed toward
 3990  ordinary panhandling are designed to promote public safety,
 3991  including minimizing panhandling in transit systems or in areas
 3992  where panhandling is likely to intimidate persons who are
 3993  solicited, and
 3994         WHEREAS, aggressive panhandling may obstruct the free flow
 3995  of traffic when carried out in or adjacent to a roadway, may
 3996  intimidate citizens who may choose to avoid certain public areas
 3997  or give money to panhandlers in order to avoid an escalation of
 3998  aggressive behavior, and generally threatens public safety and
 3999  diminishes the quality of life for residents and tourists alike,
 4000  and
 4001         WHEREAS, an important public purpose is served when
 4002         the public safety is protected in keeping with rights
 4003         granted by the First Amendment to the United States
 4004         Constitution, NOW, THEREFORE,
 4005