Florida Senate - 2011                                    SB 1966
       
       
       
       By Senator Latvala
       
       
       
       
       16-01615A-11                                          20111966__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         310.002, F.S.; redefining the term “port” to include
    4         Port Citrus; amending s. 311.09, F.S.; including a
    5         representative of Port Citrus as a member of the
    6         Florida Seaport Transportation and Economic
    7         Development Council; amending s. 316.075, F.S.;
    8         providing for minimum yellow light change interval
    9         times for traffic control devices; amending s.
   10         316.0083, F.S.; prohibiting the issuance of a traffic
   11         citation for certain traffic light violations unless
   12         the light meets specified requirements; repealing s.
   13         316.2045, F.S., relating to obstruction of public
   14         streets, highways, and roads; creating s. 316.2046,
   15         F.S., relating to obstruction of public streets,
   16         highways, and roads; providing legislative findings;
   17         defining the term “solicit”; requiring a permit in
   18         order to obstruct the use of any public street,
   19         highway, or road when that obstruction may endanger
   20         the safe movement of vehicles or pedestrians;
   21         requiring each county or municipality to adopt a
   22         permitting process that protects public safety but
   23         does not impair the rights of free speech; providing
   24         criteria for the permitting process; limiting the cost
   25         of the permit to the amount required to administer the
   26         permitting process; prohibiting the denial of a permit
   27         due to lack of funds, as attested to by a signed
   28         affidavit; providing for jurisdiction over interstate,
   29         state, and local roads, streets, and highways for
   30         counties and municipalities; providing exceptions;
   31         providing that a violation of the act is a pedestrian
   32         violation, punishable under ch. 318, F.S.; providing
   33         for an additional fine; providing for the disposition
   34         of moneys collected; providing for enforcement by the
   35         Department of Highway Safety and Motor Vehicles and
   36         other law enforcement agencies; creating s. 316.2047,
   37         F.S., relating to panhandling; providing legislative
   38         findings; defining terms; prohibiting aggressive
   39         panhandling, panhandling under certain circumstances,
   40         and fraudulent panhandling; authorizing counties and
   41         municipalities to increase the restrictions on
   42         panhandling under certain conditions; providing that a
   43         violation of the act is a pedestrian violation,
   44         punishable under ch. 318, F.S.; providing for an
   45         additional fine; providing for the disposition of
   46         moneys collected; providing for enforcement by the
   47         Department of Highway Safety and Motor Vehicles and
   48         other law enforcement agencies; amending s. 316.302,
   49         F.S.; providing that certain restrictions on the
   50         number of consecutive hours that a commercial motor
   51         vehicle may operate do not apply to a farm labor
   52         vehicle operated during a state of emergency or during
   53         an emergency pertaining to agriculture; amending s.
   54         334.044, F.S.; revising the types of transportation
   55         projects for which landscaping materials must be
   56         purchased; limiting the amount of funds that may be
   57         allocated for such purchases; amending s. 337.406,
   58         F.S.; removing the Department of Transportation’s
   59         authority to provide exceptions to the unlawful use of
   60         the right-of-way of any state transportation facility;
   61         broadening provisions to prohibit the unlawful use of
   62         any limited access highway; removing solicitation for
   63         charitable purposes from the list of prohibited uses;
   64         removing an exception to prohibited uses provided for
   65         art festivals, parades, fairs, or other special
   66         events; removing a local government’s authority to
   67         issue certain permits; authorizing counties and
   68         municipalities to regulate the use of transportation
   69         facilities within their respective jurisdictions, with
   70         the exception of limited access highways; authorizing
   71         the Department of Transportation to regulate the use
   72         of welcome centers and rest stops; removing provisions
   73         authorizing valid peddler licensees to make sales from
   74         vehicles standing on the rights-of-way of welcome
   75         centers and rest stops; amending s. 373.413, F.S.;
   76         providing legislative intent regarding flexibility in
   77         the permitting of stormwater management systems;
   78         requiring the cost of stormwater treatment for a
   79         transportation project to be balanced with benefits to
   80         the public; absolving the Department of Transportation
   81         of responsibility for the abatement of pollutants
   82         entering its stormwater facilities from offsite
   83         sources and from updating permits for adjacent lands
   84         impacted by right-of-way acquisition; authorizing the
   85         water management districts and the department to adopt
   86         rules; amending s. 373.4137, F.S.; revising mitigation
   87         requirements for transportation projects to include
   88         other nonspecified mitigation options; providing for
   89         the release of escrowed mitigation funds under certain
   90         circumstances; providing for the exclusion of projects
   91         from a mitigation plan upon the election of one or
   92         more agencies rather than the agreement of all
   93         parties; amending s. 374.976, F.S.; conforming
   94         provisions to include Port Citrus in provisions
   95         relating to the authority of inland navigation
   96         districts; amending s. 403.021, F.S.; conforming
   97         provisions to include Port Citrus in legislative
   98         declarations relating to environmental control;
   99         amending s. 403.061, F.S.; conforming provisions to
  100         include Port Citrus in provisions relating to powers
  101         of the Department of Environmental Protection;
  102         amending s. 403.813, F.S.; conforming provisions to
  103         include Port Citrus in provisions relating to permits
  104         issued at Department of Environmental Protection
  105         district centers; amending s. 403.816, F.S.;
  106         conforming provisions to include Port Citrus in
  107         provisions relating to certain maintenance projects at
  108         deepwater ports and beach restoration projects;
  109         providing an effective date.
  110  
  111         WHEREAS, the state has a significant and substantial
  112  interest in vehicular and pedestrian safety and the free flow of
  113  traffic, and
  114         WHEREAS, studies have shown that Florida is one of the most
  115  dangerous states in the country for pedestrians, and
  116         WHEREAS, while the streets may have been the natural and
  117  proper places for the public dissemination of information prior
  118  to the advent of the automobile, the streets, highways, and
  119  roads of this state are now used primarily for transportation,
  120  and
  121         WHEREAS, obstructing the flow of pedestrian traffic on a
  122  sidewalk can cause pedestrians to enter into the roadway and is
  123  a serious threat to public safety, and
  124         WHEREAS, the current permitting provisions curtail behavior
  125  only on sidewalks and streets, which is a danger to public
  126  safety, and
  127         WHEREAS, the provisions of this act directed toward
  128  ordinary panhandling are designed to promote public safety,
  129  including minimizing panhandling in transit systems or in areas
  130  where panhandling is likely to intimidate persons who are
  131  solicited, and
  132         WHEREAS, aggressive panhandling may obstruct the free flow
  133  of traffic when carried out in or adjacent to a roadway, may
  134  intimidate citizens who may choose to avoid certain public areas
  135  or give money to panhandlers in order to avoid an escalation of
  136  aggressive behavior, and generally threatens public safety and
  137  diminishes the quality of life for residents and tourists alike,
  138  and
  139         WHEREAS, an important public purpose is served when the
  140  public safety is protected in keeping with rights granted by the
  141  First Amendment to the United States Constitution, NOW,
  142  THEREFORE,
  143  
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Subsection (4) of section 310.002, Florida
  147  Statutes, is amended to read:
  148         310.002 Definitions.—As used in this chapter, except where
  149  the context clearly indicates otherwise:
  150         (4) “Port” means any place in the state into which vessels
  151  enter or depart and includes, without limitation, Fernandina,
  152  Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
  153  Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
  154  West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
  155  Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
  156  Carrabelle, Panama City, Port St. Joe, and Pensacola.
  157         Section 2. Subsection (1) of section 311.09, Florida
  158  Statutes, is amended to read:
  159         311.09 Florida Seaport Transportation and Economic
  160  Development Council.—
  161         (1) The Florida Seaport Transportation and Economic
  162  Development Council is created within the Department of
  163  Transportation. The council consists of the following 18 17
  164  members: the port director, or the port director’s designee, of
  165  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  166  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  167  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  168  West, and Fernandina; the secretary of the Department of
  169  Transportation or his or her designee; the director of the
  170  Office of Tourism, Trade, and Economic Development or his or her
  171  designee; and the secretary of the Department of Community
  172  Affairs or his or her designee.
  173         Section 3. Subsection (3) of section 316.075, Florida
  174  Statutes, is amended to read:
  175         316.075 Traffic control signal devices.—
  176         (3)(a) No traffic control signal device shall be used which
  177  does not exhibit a yellow or “caution” light between the green
  178  or “go” signal and the red or “stop” signal.
  179         (b) No traffic control signal device shall display other
  180  than the color red at the top of the vertical signal, nor shall
  181  it display other than the color red at the extreme left of the
  182  horizontal signal.
  183         (c) The Department of Transportation shall establish
  184  minimum yellow light change interval times for traffic control
  185  devices. The minimum yellow light change interval time shall be
  186  established in accordance with nationally recognized engineering
  187  standards set forth in the Institute of Transportation Engineers
  188  Traffic Engineering Handbook, and any such established time may
  189  not be less than the recognized national standard.
  190         Section 4. Present subsections (3) and (4) of section
  191  316.0083, Florida Statutes, are renumbered as subsections (4)
  192  and (5), respectively, and a new subsection (3) is added to that
  193  section, to read:
  194         316.0083 Mark Wandall Traffic Safety Program;
  195  administration; report.—
  196         (3) A notice of violation and a traffic citation may not be
  197  issued pursuant to this section for a violation committed at an
  198  intersection where the traffic signal device does not meet all
  199  requirements under s. 316.075(3). Any such notice of violation
  200  or citation is unenforceable and the court, clerk of court,
  201  designated official, or authorized operator of a traffic
  202  violations bureau shall dismiss the citation without penalty or
  203  assessment of points against the license of the person cited.
  204         Section 5. Section 316.2045, Florida Statutes, is repealed.
  205         Section 6. Section 316.2046, Florida Statutes, is created
  206  to read:
  207         316.2046 Obstruction of public streets, highways, and
  208  roads.—
  209         (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
  210         (a) Ensuring public safety on public streets, highways, and
  211  roads is an important and substantial state interest.
  212         (b) Obstruction of the free flow of traffic on public
  213  streets, highways, and roads endangers the public safety.
  214         (c) Obtrusive and distracting activities that impede
  215  pedestrian traffic adjacent to streets, highways, and roads can
  216  also disrupt the free flow of traffic and endanger public
  217  safety.
  218         (d) Soliciting funds or engaging in a commercial exchange
  219  with a person who is in a vehicle that is not stopped in a
  220  driveway or designated parking area endangers the safe movement
  221  of vehicles.
  222         (2) DEFINITIONS.—As used in this section, the term
  223  “solicit” means to request employment, business, contributions,
  224  donations, sales, or exchanges of any kind.
  225         (3) PERMIT REQUIRED.—It is unlawful for any person,
  226  willfully and without a permit, to solicit or obstruct the free,
  227  convenient, and normal use of any public street, highway, or
  228  road by standing or approaching motor vehicles while on or
  229  immediately adjacent to the street, highway, or road in a manner
  230  that could endanger the safe movement of vehicles or pedestrians
  231  traveling thereon.
  232         (a) Each county and municipality shall adopt a permitting
  233  process that protects public safety but does not impair the
  234  rights of free speech, except to the extent necessary to protect
  235  public safety. The permitting process must authorize or deny a
  236  permit within 24 hours. Permits may be issued if the county or
  237  municipality determines that the permit applicant will not:
  238         1. Increase the likelihood of traffic accidents;
  239         2. Violate traffic laws, rules, or ordinances;
  240         3. Make the sidewalk impassable for pedestrians; or
  241         4. Significantly increase the likelihood of harm to
  242  motorists and passersby.
  243         (b)If the county or municipality approves the permit, it
  244  must issue to the applicant a document specifying:
  245         1. The name and address of the person to whom the permit is
  246  granted;
  247         2. The name of the company the person represents, if any;
  248  and
  249         3. The expiration date of the permit.
  250         (c) The permitholder must keep the permit on his or her
  251  person at all times when engaging in activity authorized by the
  252  permit.
  253         (d) The cost of the permit may not exceed an amount that is
  254  reasonably necessary to administer the permitting process.
  255  However, a permit may not be denied to any applicant for lack of
  256  financial means, as attested to by a signed affidavit.
  257         (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
  258  section, counties and municipalities have original jurisdiction
  259  over interstate, state, and local roads, streets, and highways
  260  within their physical jurisdiction. Counties and municipalities
  261  may increase the restrictions of the permit program if those
  262  restrictions are narrowly tailored to serve an important public
  263  purpose. A county or municipality may opt out of the permit
  264  program by a majority vote of the members of the county or
  265  municipal governing body. This section does not preempt any
  266  existing ordinances.
  267         (5) EXCEPTIONS.—This section does not:
  268         (a) Restrict a person from passively standing or sitting on
  269  a public sidewalk and holding a sign if that person does not
  270  obstruct the flow of vehicle or pedestrian traffic.
  271         (b) Apply to any art festival, parade, fair, or other
  272  special event permitted by the appropriate county or
  273  municipality where the streets are blocked off from the normal
  274  flow of traffic.
  275         (c) Apply to:
  276         1. Law enforcement officers carrying out their duties;
  277         2.Emergency vehicles responding to an emergency or
  278  possible emergency;
  279         3.Mail-delivery vehicles;
  280         4.Service vehicles performing work adjacent to the
  281  roadway; and
  282         5.Any commercial vehicle that is used solely for the
  283  purpose of collecting solid waste or recyclable or recovered
  284  materials and that is stopped for the sole purpose of collecting
  285  solid waste or recyclable or recovered materials.
  286         (6) VIOLATIONS.—Any person who violates the provisions of
  287  this section, upon conviction, shall be cited for a pedestrian
  288  violation, punishable as provided in chapter 318. An additional
  289  $10 shall be added to the fine levied under chapter 318. Moneys
  290  collected from this additional $10 fine shall be deposited into
  291  the Grants and Donations Trust Fund of the Department of
  292  Children and Family Services and used by the State Office on
  293  Homelessness to supplement grants made under s. 420.622(4) and
  294  (5).
  295         (7) ENFORCEMENT.—The Department of Highway Safety and Motor
  296  Vehicles and other law enforcement agencies are authorized and
  297  directed to enforce this section.
  298         Section 7. Section 316.2047, Florida Statutes, is created
  299  to read:
  300         316.2047Panhandling.—
  301         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
  302  panhandling, soliciting, or demanding money, gifts, or donations
  303  may interfere with the safe ingress and egress of human and
  304  vehicular traffic into public buildings, public areas, and
  305  public transportation areas, thereby constituting a threat to
  306  the public health, welfare, and safety of the citizenry. The
  307  Legislature also finds that aggressive and fraudulent
  308  panhandling are threats to public safety and personal security.
  309         (2) DEFINITIONS.—As used in this section, the term:
  310         (a) “Aggressive panhandling” means to knowingly request
  311  money, gifts, or donations:
  312         1. By unwanted touching, detaining, impeding, or
  313  intimidation;
  314         2. Under circumstances that warrant justifiable and
  315  reasonable alarm or immediate concern for the safety of persons
  316  or property in the vicinity;
  317         3. By following the solicited person after that person has
  318  made a negative response; or
  319         4. By using obscene or abusive language or gestures that
  320  are reasonably likely to intimidate or cause fear of bodily
  321  harm.
  322         (b) “False or misleading representation” means, without
  323  limitation:
  324         1. Stating that the donation is needed to meet a specific
  325  need, when the solicitor already has sufficient funds to meet
  326  that need and does not disclose that fact;
  327         2.Stating that the solicitor is from out of town and
  328  stranded, when such is not true;
  329         3. Wearing a military uniform or other indication of
  330  military service when the solicitor is not a present or former
  331  member of the service indicated;
  332         4. Wearing or displaying an indication of physical
  333  disability, when the solicitor does not suffer the disability
  334  indicated;
  335         5. Using any makeup or device to simulate any deformity; or
  336         6. Stating that the solicitor is homeless, when he or she
  337  is not.
  338         (c) “Fraudulent panhandling” means to knowingly make any
  339  false or misleading representation in the course of soliciting a
  340  donation.
  341         (d) “Panhandling” means to:
  342         1. Solicit, request, or beg for an immediate donation of
  343  money or something else of value; or
  344         2. Offer an individual an item of little or no monetary
  345  value in exchange for money or another gratuity under
  346  circumstances that would cause a reasonable individual to
  347  understand that the transaction is only a donation.
  348         (3)PROHIBITED ACTIVITY.—It is unlawful to:
  349         (a)Engage in aggressive panhandling.
  350         (b)Engage in panhandling:
  351         1. Within 20 feet of a bus stop;
  352         2. Within 20 feet of an automated teller machine or the
  353  entrance to a bank;
  354         3. While blocking the entrance to a building or motor
  355  vehicle; or
  356         4. In a parking garage owned or operated by a county, a
  357  municipality, or an agency of the state or the Federal
  358  Government.
  359         (c) Engage in fraudulent panhandling.
  360         (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
  361  municipalities may increase the restrictions on panhandling if
  362  those restrictions are nondiscriminatory and narrowly tailored
  363  to serve an important public purpose. A county or municipality
  364  may opt out of the provisions of this section by a majority vote
  365  of the members of the county or municipal governing body. This
  366  section does not preempt any existing ordinances that are
  367  consistent with this section.
  368         (5) VIOLATIONS; PENALTIES.—Any person who violates the
  369  provisions of this section, upon conviction, shall be cited for
  370  a pedestrian violation, punishable as provided in chapter 318.
  371  An additional $10 shall be added to the fine levied under
  372  chapter 318. Moneys collected from this additional $10 fine
  373  shall be deposited into the Grants and Donations Trust Fund of
  374  the Department of Children and Family Services and used by the
  375  State Office on Homelessness to supplement grants made under s.
  376  420.622(4) and (5).
  377         (6) ENFORCEMENT.—The Department of Highway Safety and Motor
  378  Vehicles and other law enforcement agencies are authorized and
  379  directed to enforce this section.
  380         Section 8. Paragraph (c) of subsection (2) of section
  381  316.302, Florida Statutes, is amended to read:
  382         316.302 Commercial motor vehicles; safety regulations;
  383  transporters and shippers of hazardous materials; enforcement.—
  384         (2)
  385         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  386  operates a commercial motor vehicle solely in intrastate
  387  commerce not transporting any hazardous material in amounts that
  388  require placarding pursuant to 49 C.F.R. part 172 may not drive
  389  after having been on duty more than 70 hours in any period of 7
  390  consecutive days or more than 80 hours in any period of 8
  391  consecutive days if the motor carrier operates every day of the
  392  week. Thirty-four consecutive hours off duty shall constitute
  393  the end of any such period of 7 or 8 consecutive days. This
  394  weekly limit does not apply to a person who operates a
  395  commercial motor vehicle solely within this state while
  396  transporting, during harvest periods, any unprocessed
  397  agricultural products or unprocessed food or fiber that is
  398  subject to seasonal harvesting from place of harvest to the
  399  first place of processing or storage or from place of harvest
  400  directly to market or while transporting livestock, livestock
  401  feed, or farm supplies directly related to growing or harvesting
  402  agricultural products. Upon request of the Department of
  403  Transportation, motor carriers shall furnish time records or
  404  other written verification to that department so that the
  405  Department of Transportation can determine compliance with this
  406  subsection. These time records must be furnished to the
  407  Department of Transportation within 2 days after receipt of that
  408  department’s request. Falsification of such information is
  409  subject to a civil penalty not to exceed $100. The provisions of
  410  this paragraph do not apply to operators of farm labor vehicles
  411  operated during a state of emergency declared by the Governor or
  412  operated pursuant to s. 570.07(21), and do not apply to drivers
  413  of utility service vehicles as defined in 49 C.F.R. s. 395.2.
  414         Section 9. Subsection (26) of section 334.044, Florida
  415  Statutes, is amended to read:
  416         334.044 Department; powers and duties.—The department shall
  417  have the following general powers and duties:
  418         (26) To provide for the enhancement of environmental
  419  benefits, including air and water quality; to prevent roadside
  420  erosion; to conserve the natural roadside growth and scenery;
  421  and to provide for the implementation and maintenance of
  422  roadside conservation, enhancement, and stabilization programs.
  423  No less than 1.5 percent of the amount contracted for
  424  construction projects that add capacity to the existing system
  425  shall be allocated by the department for the purchase of plant
  426  materials, if such amount does not exceed $1 million per
  427  project. with, To the greatest extent practical, a minimum of 50
  428  percent of these funds shall be allocated for large plant
  429  materials and the remaining funds for other plant materials. All
  430  such plant materials shall be purchased from Florida commercial
  431  nursery stock in this state on a uniform competitive bid basis.
  432  The department will develop grades and standards for landscaping
  433  materials purchased through this process. To accomplish these
  434  activities, the department may contract with nonprofit
  435  organizations having the primary purpose of developing youth
  436  employment opportunities.
  437         Section 10. Section 337.406, Florida Statutes, is amended
  438  to read:
  439         337.406 Unlawful use of state transportation facility
  440  right-of-way; penalties.—
  441         (1) Except when leased as provided in s. 337.25(5) or
  442  otherwise authorized by the rules of the department, it is
  443  unlawful to make any use of any limited access highway the
  444  right-of-way of any state transportation facility, including
  445  appendages thereto, outside of an incorporated municipality in
  446  any manner that interferes with the safe and efficient movement
  447  of people and property from place to place on the transportation
  448  facility. Failure to prohibit the use of right-of-way in this
  449  manner will endanger the health, safety, and general welfare of
  450  the public by causing distractions to motorists, unsafe
  451  pedestrian movement within travel lanes, sudden stoppage or
  452  slowdown of traffic, rapid lane changing and other dangerous
  453  traffic movement, increased vehicular accidents, and motorist
  454  injuries and fatalities. Such prohibited uses include, but are
  455  not limited to, the free distribution or sale, or display or
  456  solicitation for free distribution or sale, of any merchandise,
  457  goods, property or services; the solicitation for charitable
  458  purposes; the servicing or repairing of any vehicle, except the
  459  rendering of emergency service; the storage of vehicles being
  460  serviced or repaired on abutting property or elsewhere; and the
  461  display of advertising of any sort, except that any portion of a
  462  state transportation facility may be used for an art festival,
  463  parade, fair, or other special event if permitted by the
  464  appropriate local governmental entity. Counties and
  465  municipalities shall regulate the use of transportation
  466  facilities within their jurisdiction, except limited access
  467  highways, pursuant to s. 316.2046. The Department of
  468  Transportation shall regulate the use of rest areas and welcome
  469  centers as limited public forums that are provided to the public
  470  for safety rest stops. Accordingly, the uses within these rest
  471  areas and welcome centers may be limited. Local government
  472  entities may issue permits of limited duration for the temporary
  473  use of the right-of-way of a state transportation facility for
  474  any of these prohibited uses if it is determined that the use
  475  will not interfere with the safe and efficient movement of
  476  traffic and the use will cause no danger to the public. The
  477  permitting authority granted in this subsection shall be
  478  exercised by the municipality within incorporated municipalities
  479  and by the county outside an incorporated municipality. Before a
  480  road on the State Highway System may be temporarily closed for a
  481  special event, the local governmental entity which permits the
  482  special event to take place must determine that the temporary
  483  closure of the road is necessary and must obtain the prior
  484  written approval for the temporary road closure from the
  485  department. Nothing in this subsection shall be construed to
  486  authorize such activities on any limited access highway. Local
  487  governmental entities may, within their respective
  488  jurisdictions, initiate enforcement action by the appropriate
  489  code enforcement authority or law enforcement authority for a
  490  violation of this section.
  491         (2) Persons holding valid peddlers’ licenses issued by
  492  appropriate governmental entities may make sales from vehicles
  493  standing on the right-of-way to occupants of abutting property
  494  only.
  495         (2)(3) The Department of Highway Safety and Motor Vehicles
  496  and other law enforcement agencies are authorized and directed
  497  to enforce this statute.
  498         (3)(4) Camping is prohibited on any portion of the right
  499  of-way of the State Highway System that is within 100 feet of a
  500  bridge, causeway, overpass, or ramp.
  501         (4)(5) The violation of any provision of this section or
  502  any rule promulgated by the department pursuant to this section
  503  constitutes a misdemeanor of the second degree, punishable as
  504  provided in s. 775.082 or s. 775.083, and each day a violation
  505  continues to exist constitutes a separate offense.
  506         Section 11. Section 373.413, Florida Statutes, is amended
  507  to read:
  508         373.413 Permits for construction or alteration.—
  509         (1) Except for the exemptions set forth herein, the
  510  governing board or the department may require such permits and
  511  impose such reasonable conditions as are necessary to assure
  512  that the construction or alteration of any stormwater management
  513  system, dam, impoundment, reservoir, appurtenant work, or works
  514  will comply with the provisions of this part and applicable
  515  rules promulgated thereto and will not be harmful to the water
  516  resources of the district. The department or the governing board
  517  may delineate areas within the district wherein permits may be
  518  required.
  519         (2) A person proposing to construct or alter a stormwater
  520  management system, dam, impoundment, reservoir, appurtenant
  521  work, or works subject to such permit shall apply to the
  522  governing board or department for a permit authorizing such
  523  construction or alteration. The application shall contain the
  524  following:
  525         (a) Name and address of the applicant.
  526         (b) Name and address of the owner or owners of the land
  527  upon which the works are to be constructed and a legal
  528  description of such land.
  529         (c) Location of the work.
  530         (d) Sketches of construction pending tentative approval.
  531         (e) Name and address of the person who prepared the plans
  532  and specifications of construction.
  533         (f) Name and address of the person who will construct the
  534  proposed work.
  535         (g) General purpose of the proposed work.
  536         (h) Such other information as the governing board or
  537  department may require.
  538         (3) After receipt of an application for a permit, the
  539  governing board or department shall publish notice of the
  540  application by sending a notice to any persons who have filed a
  541  written request for notification of any pending applications
  542  affecting the particular designated area. Such notice may be
  543  sent by regular mail. The notice shall contain the name and
  544  address of the applicant; a brief description of the proposed
  545  activity, including any mitigation; the location of the proposed
  546  activity, including whether it is located within an Outstanding
  547  Florida Water or aquatic preserve; a map identifying the
  548  location of the proposed activity subject to the application; a
  549  depiction of the proposed activity subject to the application; a
  550  name or number identifying the application and the office where
  551  the application can be inspected; and any other information
  552  required by rule.
  553         (4) In addition to the notice required by subsection (3),
  554  the governing board or department may publish, or require an
  555  applicant to publish at the applicant’s expense, in a newspaper
  556  of general circulation within the affected area, a notice of
  557  receipt of the application and a notice of intended agency
  558  action. This subsection does not limit the discretionary
  559  authority of the department or the governing board of a water
  560  management district to publish, or to require an applicant to
  561  publish at the applicant’s expense, any notice under this
  562  chapter. The governing board or department shall also provide
  563  notice of this intended agency action to the applicant and to
  564  persons who have requested a copy of the intended agency action
  565  for that specific application.
  566         (5) The governing board or department may charge a
  567  subscription fee to any person who has filed a written request
  568  for notification of any pending applications to cover the cost
  569  of duplication and mailing charges.
  570         (6)It is the intent of the Legislature that the governing
  571  board or department exercise flexibility in the permitting of
  572  stormwater management systems associated with the construction
  573  or alteration of systems serving state transportation projects
  574  and facilities. Because of the unique limitations of linear
  575  facilities, the governing board or department shall take the
  576  expenditure of public funds for stormwater treatment for state
  577  transportation projects and facilities into account and balance
  578  the costs and benefits to the public. If it is found to be cost
  579  effective and prudent, the regionalization of stormwater
  580  treatment shall be considered. In addition, the Department of
  581  Transportation is not responsible for the abatement of
  582  pollutants and flows entering its stormwater management systems
  583  from offsite sources or for updating stormwater permits for
  584  adjacent lands impacted by right-of-way acquisition from public
  585  transportation projects; however, this subsection does not
  586  prohibit the Department of Transportation from receiving and
  587  managing such pollutants and flows when it is found to be cost
  588  effective and prudent. To accomplish this, the governing board
  589  or department may establish rules for these activities.
  590         Section 12. Subsections (1), (2), (3), (4), and (5) of
  591  section 373.4137, Florida Statutes, are amended to read:
  592         373.4137 Mitigation requirements for specified
  593  transportation projects.—
  594         (1) The Legislature finds that environmental mitigation for
  595  the impact of transportation projects proposed by the Department
  596  of Transportation or a transportation authority established
  597  pursuant to chapter 348 or chapter 349 can be more effectively
  598  achieved by regional, long-range mitigation planning rather than
  599  on a project-by-project basis. It is the intent of the
  600  Legislature that mitigation to offset the adverse effects of
  601  these transportation projects be funded by the Department of
  602  Transportation and be carried out by the water management
  603  districts, including the use of mitigation banks and any other
  604  mitigation options that satisfy state and federal requirements
  605  established pursuant to this part.
  606         (2) Environmental impact inventories for transportation
  607  projects proposed by the Department of Transportation or a
  608  transportation authority established pursuant to chapter 348 or
  609  chapter 349 shall be developed as follows:
  610         (a) By July 1 of each year, the Department of
  611  Transportation or a transportation authority established
  612  pursuant to chapter 348 or chapter 349 which chooses to
  613  participate in this program shall submit to the water management
  614  districts a list copy of its projects in the adopted work
  615  program and an environmental impact inventory of habitats
  616  addressed in the rules adopted pursuant to this part and s. 404
  617  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
  618  by its plan of construction for transportation projects in the
  619  next 3 years of the tentative work program. The Department of
  620  Transportation or a transportation authority established
  621  pursuant to chapter 348 or chapter 349 may also include in its
  622  environmental impact inventory the habitat impacts of any future
  623  transportation project. The Department of Transportation and
  624  each transportation authority established pursuant to chapter
  625  348 or chapter 349 may fund any mitigation activities for future
  626  projects using current year funds.
  627         (b) The environmental impact inventory shall include a
  628  description of these habitat impacts, including their location,
  629  acreage, and type; state water quality classification of
  630  impacted wetlands and other surface waters; any other state or
  631  regional designations for these habitats; and a list survey of
  632  threatened species, endangered species, and species of special
  633  concern affected by the proposed project.
  634         (3)(a) To fund development and implementation of the
  635  mitigation plan for the projected impacts identified in the
  636  environmental impact inventory described in subsection (2), the
  637  Department of Transportation shall identify funds quarterly in
  638  an escrow account within the State Transportation Trust Fund for
  639  the environmental mitigation phase of projects budgeted by the
  640  Department of Transportation for the current fiscal year. The
  641  escrow account shall be maintained by the Department of
  642  Transportation for the benefit of the water management
  643  districts. Any interest earnings from the escrow account shall
  644  remain with the Department of Transportation.
  645         (b) Each transportation authority established pursuant to
  646  chapter 348 or chapter 349 that chooses to participate in this
  647  program shall create an escrow account within its financial
  648  structure and deposit funds in the account to pay for the
  649  environmental mitigation phase of projects budgeted for the
  650  current fiscal year. The escrow account shall be maintained by
  651  the authority for the benefit of the water management districts.
  652  Any interest earnings from the escrow account shall remain with
  653  the authority.
  654         (c) Except for current mitigation projects in the
  655  monitoring and maintenance phase and except as allowed by
  656  paragraph (d), the water management districts may request a
  657  transfer of funds from an escrow account no sooner than 30 days
  658  prior to the date the funds are needed to pay for activities
  659  associated with development or implementation of the approved
  660  mitigation plan described in subsection (4) for the current
  661  fiscal year, including, but not limited to, design, engineering,
  662  production, and staff support. Actual conceptual plan
  663  preparation costs incurred before plan approval may be submitted
  664  to the Department of Transportation or the appropriate
  665  transportation authority each year with the plan. The conceptual
  666  plan preparation costs of each water management district will be
  667  paid from mitigation funds associated with the environmental
  668  impact inventory for the current year. The amount transferred to
  669  the escrow accounts each year by the Department of
  670  Transportation and participating transportation authorities
  671  established pursuant to chapter 348 or chapter 349 shall
  672  correspond to a cost per acre of $75,000 multiplied by the
  673  projected acres of impact identified in the environmental impact
  674  inventory described in subsection (2). However, the $75,000 cost
  675  per acre does not constitute an admission against interest by
  676  the state or its subdivisions nor is the cost admissible as
  677  evidence of full compensation for any property acquired by
  678  eminent domain or through inverse condemnation. Each July 1, the
  679  cost per acre shall be adjusted by the percentage change in the
  680  average of the Consumer Price Index issued by the United States
  681  Department of Labor for the most recent 12-month period ending
  682  September 30, compared to the base year average, which is the
  683  average for the 12-month period ending September 30, 1996. Each
  684  quarter, the projected acreage of impact shall be reconciled
  685  with the acreage of impact of projects as permitted, including
  686  permit modifications, pursuant to this part and s. 404 of the
  687  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
  688  of funds shall be adjusted accordingly to reflect the acreage of
  689  impacts as permitted. The Department of Transportation and
  690  participating transportation authorities established pursuant to
  691  chapter 348 or chapter 349 are authorized to transfer such funds
  692  from the escrow accounts to the water management districts to
  693  carry out the mitigation programs. Environmental mitigation
  694  funds that are identified or maintained in an escrow account for
  695  the benefit of a water management district may be released if
  696  the associated transportation project is excluded in whole or
  697  part from the mitigation plan. For a mitigation project that is
  698  in the maintenance and monitoring phase, the water management
  699  district may request and receive a one-time payment based on the
  700  project’s expected future maintenance and monitoring costs. Upon
  701  disbursement of the final maintenance and monitoring payment,
  702  the obligation of the department or the participating
  703  transportation authority is satisfied, the water management
  704  district has the continuing responsibility for the mitigation
  705  project, and the escrow account for the project established by
  706  the Department of Transportation or the participating
  707  transportation authority may be closed. Any interest earned on
  708  these disbursed funds shall remain with the water management
  709  district and must be used as authorized under this section.
  710         (d) Beginning in the 2005-2006 fiscal year, each water
  711  management district shall be paid a lump-sum amount of $75,000
  712  per acre, adjusted as provided under paragraph (c), for
  713  federally funded transportation projects that are included on
  714  the environmental impact inventory and that have an approved
  715  mitigation plan. Beginning in the 2009-2010 fiscal year, each
  716  water management district shall be paid a lump-sum amount of
  717  $75,000 per acre, adjusted as provided under paragraph (c), for
  718  federally funded and nonfederally funded transportation projects
  719  that have an approved mitigation plan. All mitigation costs,
  720  including, but not limited to, the costs of preparing conceptual
  721  plans and the costs of design, construction, staff support,
  722  future maintenance, and monitoring the mitigated acres shall be
  723  funded through these lump-sum amounts.
  724         (4) Prior to March 1 of each year, each water management
  725  district, in consultation with the Department of Environmental
  726  Protection, the United States Army Corps of Engineers, the
  727  Department of Transportation, participating transportation
  728  authorities established pursuant to chapter 348 or chapter 349,
  729  and other appropriate federal, state, and local governments, and
  730  other interested parties, including entities operating
  731  mitigation banks, shall develop a plan for the primary purpose
  732  of complying with the mitigation requirements adopted pursuant
  733  to this part and 33 U.S.C. s. 1344. In developing such plans,
  734  the districts shall utilize sound ecosystem management practices
  735  to address significant water resource needs and shall focus on
  736  activities of the Department of Environmental Protection and the
  737  water management districts, such as surface water improvement
  738  and management (SWIM) projects and lands identified for
  739  potential acquisition for preservation, restoration or
  740  enhancement, and the control of invasive and exotic plants in
  741  wetlands and other surface waters, to the extent that such
  742  activities comply with the mitigation requirements adopted under
  743  this part and 33 U.S.C. s. 1344. In determining the activities
  744  to be included in such plans, the districts shall also consider
  745  the purchase of credits from public or private mitigation banks
  746  permitted under s. 373.4136 and associated federal authorization
  747  and shall include such purchase as a part of the mitigation plan
  748  when such purchase would offset the impact of the transportation
  749  project, provide equal benefits to the water resources than
  750  other mitigation options being considered, and provide the most
  751  cost-effective mitigation option. The mitigation plan shall be
  752  submitted to the water management district governing board, or
  753  its designee, for review and approval. At least 14 days prior to
  754  approval, the water management district shall provide a copy of
  755  the draft mitigation plan to any person who has requested a
  756  copy.
  757         (a) For each transportation project with a funding request
  758  for the next fiscal year, the mitigation plan must include a
  759  brief explanation of why a mitigation bank was or was not chosen
  760  as a mitigation option, including an estimation of identifiable
  761  costs of the mitigation bank and nonbank options to the extent
  762  practicable.
  763         (b) Specific projects may be excluded from the mitigation
  764  plan, in whole or in part, and are shall not be subject to this
  765  section upon the election agreement of the Department of
  766  Transportation, or a transportation authority, if applicable, or
  767  and the appropriate water management district that the inclusion
  768  of such projects would hamper the efficiency or timeliness of
  769  the mitigation planning and permitting process. The water
  770  management district may choose to exclude a project in whole or
  771  in part if the district is unable to identify mitigation that
  772  would offset impacts of the project.
  773         (5) The water management district shall ensure be
  774  responsible for ensuring that mitigation requirements pursuant
  775  to 33 U.S.C. s. 1344 are met for the impacts identified in the
  776  environmental impact inventory described in subsection (2), by
  777  implementation of the approved plan described in subsection (4)
  778  to the extent funding is provided by the Department of
  779  Transportation, or a transportation authority established
  780  pursuant to chapter 348 or chapter 349, if applicable. During
  781  the federal permitting process, the water management district
  782  may deviate from the approved mitigation plan in order to comply
  783  with federal permitting requirements.
  784         Section 13. Paragraph (c) of subsection (1) of section
  785  374.976, Florida Statutes, is amended to read:
  786         374.976 Authority to address impacts of waterway
  787  development projects.—
  788         (1) Each inland navigation district is empowered and
  789  authorized to undertake programs intended to alleviate the
  790  problems associated with its waterway or waterways, including,
  791  but not limited to, the following:
  792         (c) The district is authorized to aid and cooperate with
  793  the Federal Government; state; member counties; nonmember
  794  counties that contain any part of the intracoastal waterway
  795  within their boundaries; navigation districts; the seaports of
  796  Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
  797  Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
  798  Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
  799  Fernandina; and local governments within the district in
  800  planning and carrying out public navigation, local and regional
  801  anchorage management, beach renourishment, public recreation,
  802  inlet management, environmental education, and boating safety
  803  projects, directly related to the waterways. The district is
  804  also authorized to enter into cooperative agreements with the
  805  United States Army Corps of Engineers, state, and member
  806  counties, and to covenant in any such cooperative agreement to
  807  pay part of the costs of acquisition, planning, development,
  808  construction, reconstruction, extension, improvement, operation,
  809  and maintenance of such projects.
  810         Section 14. Subsection (9) of section 403.021, Florida
  811  Statutes, is amended to read:
  812         403.021 Legislative declaration; public policy.—
  813         (9)(a) The Legislature finds and declares that it is
  814  essential to preserve and maintain authorized water depth in the
  815  existing navigation channels, port harbors, turning basins, and
  816  harbor berths of this state in order to provide for the
  817  continued safe navigation of deepwater shipping commerce. The
  818  department shall recognize that maintenance of authorized water
  819  depths consistent with port master plans developed pursuant to
  820  s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
  821  necessary activity that is in the public interest; and it shall
  822  develop a regulatory process that shall enable the ports of this
  823  state to conduct such activities in an environmentally sound,
  824  safe, expeditious, and cost-efficient manner. It is the further
  825  intent of the Legislature that the permitting and enforcement of
  826  dredging, dredged-material management, and other related
  827  activities for Florida’s deepwater ports pursuant to this
  828  chapter and chapters 161, 253, and 373 shall be consolidated
  829  within the department’s Division of Water Resource Management
  830  and, with the concurrence of the affected deepwater port or
  831  ports, may be administered by a district office of the
  832  department or delegated to an approved local environmental
  833  program.
  834         (b) The provisions of paragraph (a) apply only to the port
  835  waters, dredged-material management sites, port harbors,
  836  navigation channels, turning basins, and harbor berths used for
  837  deepwater commercial navigation in the ports of Jacksonville,
  838  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  839  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  840  Petersburg, Pensacola, Fernandina, and Key West.
  841         Section 15. Subsection (26) of section 403.061, Florida
  842  Statutes, is amended to read:
  843         403.061 Department; powers and duties.—The department shall
  844  have the power and the duty to control and prohibit pollution of
  845  air and water in accordance with the law and rules adopted and
  846  promulgated by it and, for this purpose, to:
  847         (26)(a) Develop standards and criteria for waters used for
  848  deepwater shipping which standards and criteria consider
  849  existing water quality; appropriate mixing zones and other
  850  requirements for maintenance dredging in previously constructed
  851  deepwater navigation channels, port harbors, turning basins, or
  852  harbor berths; and appropriate mixing zones for disposal of
  853  spoil material from dredging and, where necessary, develop a
  854  separate classification for such waters. Such classification,
  855  standards, and criteria shall recognize that the present
  856  dedicated use of these waters is for deepwater commercial
  857  navigation.
  858         (b) The provisions of paragraph (a) apply only to the port
  859  waters, spoil disposal sites, port harbors, navigation channels,
  860  turning basins, and harbor berths used for deepwater commercial
  861  navigation in the ports of Jacksonville, Tampa, Port Everglades,
  862  Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
  863  Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
  864  Florida Power Corporation’s Crystal River Canal, Boca Grande,
  865  Green Cove Springs, and Pensacola.
  866  
  867  The department shall implement such programs in conjunction with
  868  its other powers and duties and shall place special emphasis on
  869  reducing and eliminating contamination that presents a threat to
  870  humans, animals or plants, or to the environment.
  871         Section 16. Subsection (3) of section 403.813, Florida
  872  Statutes, is amended to read:
  873         403.813 Permits issued at district centers; exceptions.—
  874         (3) For maintenance dredging conducted under this section
  875  by the seaports of Jacksonville, Port Canaveral, Port Citrus,
  876  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  877  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  878  West, and Fernandina or by inland navigation districts:
  879         (a) A mixing zone for turbidity is granted within a 150
  880  meter radius from the point of dredging while dredging is
  881  ongoing, except that the mixing zone may not extend into areas
  882  supporting wetland communities, submerged aquatic vegetation, or
  883  hardbottom communities.
  884         (b) The discharge of the return water from the site used
  885  for the disposal of dredged material shall be allowed only if
  886  such discharge does not result in a violation of water quality
  887  standards in the receiving waters. The return-water discharge
  888  into receiving waters shall be granted a mixing zone for
  889  turbidity within a 150-meter radius from the point of discharge
  890  during and immediately after the dredging, except that the
  891  mixing zone may not extend into areas supporting wetland
  892  communities, submerged aquatic vegetation, or hardbottom
  893  communities.
  894         (c) The state may not exact a charge for material that this
  895  subsection allows a public port or an inland navigation district
  896  to remove.
  897         (d) The use of flocculants at the site used for disposal of
  898  the dredged material is allowed if the use, including supporting
  899  documentation, is coordinated in advance with the department and
  900  the department has determined that the use is not harmful to
  901  water resources.
  902         (e) This subsection does not prohibit maintenance dredging
  903  of areas where the loss of original design function and
  904  constructed configuration has been caused by a storm event,
  905  provided that the dredging is performed as soon as practical
  906  after the storm event. Maintenance dredging that commences
  907  within 3 years after the storm event shall be presumed to
  908  satisfy this provision. If more than 3 years are needed to
  909  commence the maintenance dredging after the storm event, a
  910  request for a specific time extension to perform the maintenance
  911  dredging shall be submitted to the department, prior to the end
  912  of the 3-year period, accompanied by a statement, including
  913  supporting documentation, demonstrating that contractors are not
  914  available or that additional time is needed to obtain
  915  authorization for the maintenance dredging from the United
  916  States Army Corps of Engineers.
  917         Section 17. Section 403.816, Florida Statutes, is amended
  918  to read:
  919         403.816 Permits for maintenance dredging of deepwater ports
  920  and beach restoration projects.—
  921         (1) The department shall establish a permit system under
  922  this chapter and chapter 253 which provides for the performance,
  923  for up to 25 years from the issuance of the original permit, of
  924  maintenance dredging of permitted navigation channels, port
  925  harbors, turning basins, harbor berths, and beach restoration
  926  projects approved pursuant to chapter 161. However, permits
  927  issued for dredging river channels which are not a part of a
  928  deepwater port shall be valid for no more than five years. No
  929  charge shall be exacted by the state for material removed during
  930  such maintenance dredging by a public port authority.
  931         (2) The provisions of s. 253.77 do not apply to a permit
  932  for maintenance dredging and spoil site approval when there is
  933  no change in the size or location of the spoil disposal site and
  934  when the applicant provides documentation to the department that
  935  the appropriate lease, easement, or consent of use for the
  936  project site issued pursuant to chapter 253 is recorded in the
  937  county where the project is located.
  938         (3) The provisions of this section relating to ports apply
  939  only to the port waters, spoil disposal sites, port harbors,
  940  navigation channels, turning basins, and harbor berths used for
  941  deepwater commercial navigation in the ports of Jacksonville,
  942  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  943  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  944  Petersburg, Port Bartow, Florida Power Corporation’s Crystal
  945  River Canal, Boca Grande, Green Cove Springs, and Pensacola.
  946         Section 18. This act shall take effect July 1, 2011.