Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 696
       
       
       
       
       
       
                                Ì927194@Î927194                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/01/2014 10:16 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 728 and 729
    4  insert:
    5         Section 11. Paragraph (m) of subsection (3) of section
    6  11.45, Florida Statutes, is amended to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    8         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
    9  General may, pursuant to his or her own authority, or at the
   10  direction of the Legislative Auditing Committee, conduct audits
   11  or other engagements as determined appropriate by the Auditor
   12  General of:
   13         (m) The transportation corporations under contract with the
   14  Department of Transportation that are acting on behalf of the
   15  state to secure and obtain rights-of-way for urgently needed
   16  transportation systems and to assist in the planning and design
   17  of such systems pursuant to ss. 339.401-339.421.
   18         Section 12. Paragraph (b) of subsection (2) and subsection
   19  (3) of section 20.23, Florida Statutes, are amended to read:
   20         20.23 Department of Transportation.—There is created a
   21  Department of Transportation which shall be a decentralized
   22  agency.
   23         (2)
   24         (b) The commission shall have the primary functions to:
   25         1. Recommend major transportation policies for the
   26  Governor’s approval, and assure that approved policies and any
   27  revisions thereto are properly executed.
   28         2. Periodically review the status of the state
   29  transportation system including highway, transit, rail, seaport,
   30  intermodal development, and aviation components of the system
   31  and recommend improvements therein to the Governor and the
   32  Legislature.
   33         3. Perform an in-depth evaluation of the annual department
   34  budget request, the Florida Transportation Plan, and the
   35  tentative work program for compliance with all applicable laws
   36  and established departmental policies. Except as specifically
   37  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
   38  not consider individual construction projects, but shall
   39  consider methods of accomplishing the goals of the department in
   40  the most effective, efficient, and businesslike manner.
   41         4. Monitor the financial status of the department on a
   42  regular basis to assure that the department is managing revenue
   43  and bond proceeds responsibly and in accordance with law and
   44  established policy.
   45         5. Monitor on at least a quarterly basis, the efficiency,
   46  productivity, and management of the department, using
   47  performance and production standards developed by the commission
   48  pursuant to s. 334.045.
   49         6. Perform an in-depth evaluation of the factors causing
   50  disruption of project schedules in the adopted work program and
   51  recommend to the Governor Legislature and the Legislature
   52  Governor methods to eliminate or reduce the disruptive effects
   53  of these factors.
   54         7. Recommend to the Governor and the Legislature
   55  improvements to the department’s organization in order to
   56  streamline and optimize the efficiency of the department. In
   57  reviewing the department’s organization, the commission shall
   58  determine if the current district organizational structure is
   59  responsive to this state’s Florida’s changing economic and
   60  demographic development patterns. The initial report by the
   61  commission must be delivered to the Governor and the Legislature
   62  by December 15, 2000, and each year thereafter, as appropriate.
   63  The commission may retain such experts as are reasonably
   64  necessary to carry out effectuate this subparagraph, and the
   65  department shall pay the expenses of the such experts.
   66         8. Monitor the efficiency, productivity, and management of
   67  the authorities created under chapters 348 and 349, including
   68  any authority formed using the provisions of part I of chapter
   69  348; the Mid-Bay Bridge Authority re-created pursuant to chapter
   70  2000-411, Laws of Florida; and any authority formed under
   71  chapter 343 which is not monitored under subsection (3). The
   72  commission shall also conduct periodic reviews of each
   73  authority’s operations and budget, acquisition of property,
   74  management of revenue and bond proceeds, and compliance with
   75  applicable laws and generally accepted accounting principles.
   76         (3) There is created the Florida Statewide Passenger Rail
   77  Commission.
   78         (a)1. The commission shall consist of nine voting members
   79  appointed as follows:
   80         a. Three members shall be appointed by the Governor, one of
   81  whom must have a background in the area of environmental
   82  concerns, one of whom must have a legislative background, and
   83  one of whom must have a general business background.
   84         b. Three members shall be appointed by the President of the
   85  Senate, one of whom must have a background in civil engineering,
   86  one of whom must have a background in transportation
   87  construction, and one of whom must have a general business
   88  background.
   89         c. Three members shall be appointed by the Speaker of the
   90  House of Representatives, one of whom must have a legal
   91  background, one of whom must have a background in financial
   92  matters, and one of whom must have a general business
   93  background.
   94         2. The initial term of each member appointed by the
   95  Governor shall be for 4 years. The initial term of each member
   96  appointed by the President of the Senate shall be for 3 years.
   97  The initial term of each member appointed by the Speaker of the
   98  House of Representatives shall be for 2 years. Succeeding terms
   99  for all members shall be for 4 years.
  100         3. A vacancy occurring during a term shall be filled by the
  101  respective appointing authority in the same manner as the
  102  original appointment and only for the balance of the unexpired
  103  term. An appointment to fill a vacancy shall be made within 60
  104  days after the occurrence of the vacancy.
  105         4. The commission shall elect one of its members as chair
  106  of the commission. The chair shall hold office at the will of
  107  the commission. Five members of the commission shall constitute
  108  a quorum, and the vote of five members shall be necessary for
  109  any action taken by the commission. The commission may meet upon
  110  the constitution of a quorum. A vacancy in the commission does
  111  not impair the right of a quorum to exercise all rights and
  112  perform all duties of the commission.
  113         5. The members of the commission are not entitled to
  114  compensation but are entitled to reimbursement for travel and
  115  other necessary expenses as provided in s. 112.061.
  116         (b) The commission shall have the primary functions of:
  117         1. Monitoring the efficiency, productivity, and management
  118  of all publicly funded passenger rail systems in the state,
  119  including, but not limited to, any authority created under
  120  chapter 343, chapter 349, or chapter 163 if the authority
  121  receives public funds for the provision of passenger rail
  122  service. The commission shall advise each monitored authority of
  123  its findings and recommendations. The commission shall also
  124  conduct periodic reviews of each monitored authority’s passenger
  125  rail and associated transit operations and budget, acquisition
  126  of property, management of revenue and bond proceeds, and
  127  compliance with applicable laws and generally accepted
  128  accounting principles. The commission may seek the assistance of
  129  the Auditor General in conducting such reviews and shall report
  130  the findings of such reviews to the Legislature. This paragraph
  131  does not preclude the Florida Transportation Commission from
  132  conducting its performance and work program monitoring
  133  responsibilities.
  134         2. Advising the department on policies and strategies used
  135  in planning, designing, building, operating, financing, and
  136  maintaining a coordinated statewide system of passenger rail
  137  services.
  138         3. Evaluating passenger rail policies and providing advice
  139  and recommendations to the Legislature on passenger rail
  140  operations in the state.
  141         (c) The commission or a member of the commission may not
  142  enter into the day-to-day operation of the department or a
  143  monitored authority and is specifically prohibited from taking
  144  part in:
  145         1. The awarding of contracts.
  146         2. The selection of a consultant or contractor or the
  147  prequalification of any individual consultant or contractor.
  148  However, the commission may recommend to the secretary standards
  149  and policies governing the procedure for selection and
  150  prequalification of consultants and contractors.
  151         3. The selection of a route for a specific project.
  152         4. The specific location of a transportation facility.
  153         5. The acquisition of rights-of-way.
  154         6. The employment, promotion, demotion, suspension,
  155  transfer, or discharge of any department personnel.
  156         7. The granting, denial, suspension, or revocation of any
  157  license or permit issued by the department.
  158         (d) The commission is assigned to the Office of the
  159  Secretary of the Department of Transportation for administrative
  160  and fiscal accountability purposes, but it shall otherwise
  161  function independently of the control and direction of the
  162  department except that reasonable expenses of the commission
  163  shall be subject to approval by the Secretary of Transportation.
  164  The department shall provide administrative support and service
  165  to the commission.
  166         Section 13. Paragraphs (j), (m), and (q) of subsection (2)
  167  of section 110.205, Florida Statutes, are amended to read:
  168         110.205 Career service; exemptions.—
  169         (2) EXEMPT POSITIONS.—The exempt positions that are not
  170  covered by this part include the following:
  171         (j) The appointed secretaries and the State Surgeon
  172  General, assistant secretaries, deputy secretaries, and deputy
  173  assistant secretaries of all departments; the executive
  174  directors, assistant executive directors, deputy executive
  175  directors, and deputy assistant executive directors of all
  176  departments; the directors of all divisions and those positions
  177  determined by the department to have managerial responsibilities
  178  comparable to such positions, which positions include, but are
  179  not limited to, program directors, assistant program directors,
  180  district administrators, deputy district administrators, the
  181  Director of Central Operations Services of the Department of
  182  Children and Families Family Services, the State Transportation
  183  Development Administrator, the State Public Transportation and
  184  Modal Administrator, district secretaries, district directors of
  185  transportation development, transportation operations,
  186  transportation support, and the managers of the offices of the
  187  Department of Transportation specified in s. 20.23(3)(b) s.
  188  20.23(4)(b), of the Department of Transportation. Unless
  189  otherwise fixed by law, the department shall set the salary and
  190  benefits of these positions in accordance with the rules of the
  191  Senior Management Service; and the positions of county health
  192  department directors and county health department administrators
  193  of the Department of Health in accordance with the rules of the
  194  Senior Management Service.
  195         (m) All assistant division director, deputy division
  196  director, and bureau chief positions in any department, and
  197  those positions determined by the department to have managerial
  198  responsibilities comparable to such positions, which include,
  199  but are not limited to:
  200         1. Positions in the Department of Health and the Department
  201  of Children and Families which Family Services that are assigned
  202  primary duties of serving as the superintendent or assistant
  203  superintendent of an institution.
  204         2. Positions in the Department of Corrections which that
  205  are assigned primary duties of serving as the warden, assistant
  206  warden, colonel, or major of an institution or that are assigned
  207  primary duties of serving as the circuit administrator or deputy
  208  circuit administrator.
  209         3. Positions in the Department of Transportation which that
  210  are assigned primary duties of serving as regional toll managers
  211  and managers of offices, as specified defined in s. 20.23(3)(b)
  212  and (4)(c) s. 20.23(4)(b) and (5)(c).
  213         4. Positions in the Department of Environmental Protection
  214  which that are assigned the duty of an Environmental
  215  Administrator or program administrator.
  216         5. Positions in the Department of Health which that are
  217  assigned the duties of Environmental Administrator, Assistant
  218  County Health Department Director, and County Health Department
  219  Financial Administrator.
  220         6. Positions in the Department of Highway Safety and Motor
  221  Vehicles which that are assigned primary duties of serving as
  222  captains in the Florida Highway Patrol.
  223  
  224  Unless otherwise fixed by law, the department shall set the
  225  salary and benefits of the positions listed in this paragraph in
  226  accordance with the rules established for the Selected Exempt
  227  Service.
  228         (q) The staff directors, assistant staff directors,
  229  district program managers, district program coordinators,
  230  district subdistrict administrators, district administrative
  231  services directors, district attorneys, and the Deputy Director
  232  of Central Operations Services of the Department of Children and
  233  Families Family Services. Unless otherwise fixed by law, the
  234  department shall establish the salary pay band and benefits for
  235  these positions in accordance with the rules of the Selected
  236  Exempt Service.
  237         Section 14. Section 335.06, Florida Statutes, is amended to
  238  read:
  239         335.06 Access roads to the state park system.—Any road that
  240  which provides access to property within the state park system
  241  shall be maintained by the department if the road is a part of
  242  the State Highway System; however, if such road is part of a
  243  county road system or city street system, the department may
  244  improve and maintain it. If the department does not maintain a
  245  county or city road that provides access to the state park
  246  system, the road or shall be maintained by the appropriate
  247  county or municipality if the road is a part of the county road
  248  system or the city street system.
  249         Section 15. Subsection (3) of section 335.065, Florida
  250  Statutes, is amended to read:
  251         335.065 Bicycle and pedestrian ways along state roads and
  252  transportation facilities.—
  253         (3) The department, in cooperation with the Department of
  254  Environmental Protection, shall establish a statewide integrated
  255  system of bicycle and pedestrian ways in such a manner as to
  256  take full advantage of any such ways which are maintained by any
  257  governmental entity. The department may enter into a concession
  258  agreement with a not-for-profit entity or private sector
  259  business or entity for commercial sponsorship displays on
  260  multiuse trails and related facilities and use any concession
  261  agreement revenues for the maintenance of the multiuse trails
  262  and related facilities. Commercial sponsorship displays are
  263  subject to the requirements of the Highway Beautification Act of
  264  1965 and all federal laws and agreements, when applicable. For
  265  the purposes of this section, bicycle facilities may be
  266  established as part of or separate from the actual roadway and
  267  may utilize existing road rights-of-way or other rights-of-way
  268  or easements acquired for public use.
  269         Section 16. Subsection (13) of section 337.11, Florida
  270  Statutes, is amended to read:
  271         337.11 Contracting authority of department; bids; emergency
  272  repairs, supplemental agreements, and change orders; combined
  273  design and construction contracts; progress payments; records;
  274  requirements of vehicle registration.—
  275         (13) Each contract let by the department for the
  276  performance of road or bridge construction or maintenance work
  277  shall require contain a provision requiring the contractor to
  278  provide proof to the department, in the form of a notarized
  279  affidavit from the contractor, that all motor vehicles that the
  280  contractor he or she operates or causes to be operated in this
  281  state to be are registered in compliance with chapter 320.
  282         Section 17. Subsection (7) of section 337.14, Florida
  283  Statutes, is amended to read:
  284         337.14 Application for qualification; certificate of
  285  qualification; restrictions; request for hearing.—
  286         (7) A No “contractor” as defined in s. 337.165(1)(d) or his
  287  or her “affiliate” as defined in s. 337.165(1)(a) qualified with
  288  the department under this section may not also qualify under s.
  289  287.055 or s. 337.105 to provide testing services, construction,
  290  engineering, and inspection services to the department. This
  291  limitation does shall not apply to any design-build
  292  prequalification under s. 337.11(7) and does not apply when the
  293  department otherwise determines by written order entered at
  294  least 30 days before advertisement that the limitation is not in
  295  the best interest of the public with respect to a particular
  296  contract for testing services, construction, engineering, and
  297  inspection services. This subsection does not authorize a
  298  contractor to provide testing services, or provide construction,
  299  engineering, and inspection services, to the department in
  300  connection with a construction contract under which the
  301  contractor is performing any work.
  302         Section 18. Subsection (2) of section 337.168, Florida
  303  Statutes, is amended to read:
  304         337.168 Confidentiality of official estimates, identities
  305  of potential bidders, and bid analysis and monitoring system.—
  306         (2) A document that reveals revealing the identity of a
  307  person who has persons who have requested or obtained a bid
  308  package, plan packages, plans, or specifications pertaining to
  309  any project to be let by the department is confidential and
  310  exempt from the provisions of s. 119.07(1) for the period that
  311  which begins 2 working days before prior to the deadline for
  312  obtaining bid packages, plans, or specifications and ends with
  313  the letting of the bid. A document that reveals the identity of
  314  a person who has requested or obtained a bid package, plan, or
  315  specifications pertaining to any project to be let by the
  316  department before the 2 working days before the deadline for
  317  obtaining bid packages, plans, or specifications remains a
  318  public record subject to s. 119.07(1).
  319         Section 19. Section 337.25, Florida Statutes, is amended to
  320  read:
  321         337.25 Acquisition, lease, and disposal of real and
  322  personal property.—
  323         (1)(a) The department may purchase, lease, exchange, or
  324  otherwise acquire any land, property interests, or buildings, or
  325  other improvements, including personal property within such
  326  buildings or on such lands, necessary to secure or use utilize
  327  transportation rights-of-way for existing, proposed, or
  328  anticipated transportation facilities on the State Highway
  329  System, on the State Park Road System, in a rail corridor, or in
  330  a transportation corridor designated by the department. Such
  331  property shall be held in the name of the state.
  332         (b) The department may accept donations of any land, or
  333  buildings, or other improvements, including personal property
  334  within such buildings or on such lands with or without such
  335  conditions, reservations, or reverter provisions as are
  336  acceptable to the department. Such donations may be used as
  337  transportation rights-of-way or to secure or use utilize
  338  transportation rights-of-way for existing, proposed, or
  339  anticipated transportation facilities on the State Highway
  340  System, on the State Park Road System, or in a transportation
  341  corridor designated by the department.
  342         (c) If When lands, buildings, or other improvements are
  343  needed for transportation purposes, but are held by a federal,
  344  state, or local governmental entity and used utilized for public
  345  purposes other than transportation, the department may
  346  compensate the entity for such properties by providing
  347  functionally equivalent replacement facilities. The provision
  348  providing of replacement facilities under this subsection may
  349  only be undertaken with the agreement of the governmental entity
  350  affected.
  351         (d) The department may contract pursuant to s. 287.055 for
  352  auction services used in the conveyance of real or personal
  353  property or the conveyance of leasehold interests under
  354  subsections (4) and (5). The contract may allow for the
  355  contractor to retain a portion of the proceeds as compensation
  356  for the contractor’s services.
  357         (2) A complete inventory shall be made of all real or
  358  personal property immediately upon possession or acquisition.
  359  Such inventory must shall include an itemized listing of all
  360  appliances, fixtures, and other severable items; a statement of
  361  the location or site of each piece of realty, structure, or
  362  severable item; and the serial number assigned to each. Copies
  363  of each inventory shall be filed in the district office in which
  364  the property is located. Such inventory shall be carried forward
  365  to show the final disposition of each item of property, both
  366  real and personal.
  367         (3) The inventory of real property that which was acquired
  368  by the state after December 31, 1988, that which has been owned
  369  by the state for 10 or more years, and that which is not within
  370  a transportation corridor or within the right-of-way of a
  371  transportation facility shall be evaluated to determine the
  372  necessity for retaining the property. If the property is not
  373  needed for the construction, operation, and maintenance of a
  374  transportation facility, or is not located within a
  375  transportation corridor, the department may dispose of the
  376  property pursuant to subsection (4).
  377         (4) The department may convey sell, in the name of the
  378  state, any land, building, or other property, real or personal,
  379  which was acquired under the provisions of subsection (1) and
  380  which the department has determined is not needed for the
  381  construction, operation, and maintenance of a transportation
  382  facility. With the exception of any parcel governed by paragraph
  383  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
  384  (i), the department shall afford first right of refusal to the
  385  local government in the jurisdiction of which the parcel is
  386  situated. When such a determination has been made, property may
  387  be disposed of through negotiations, sealed competitive bids,
  388  auctions, or any other means the department deems to be in its
  389  best interest, with due advertisement for property valued by the
  390  department at greater than $10,000. A sale may not occur at a
  391  price less than the department’s current estimate of value,
  392  except as provided in paragraphs (a)-(d). The department may
  393  afford a right of first refusal to the local government or other
  394  political subdivision in the jurisdiction in which the parcel is
  395  situated, except in a conveyance transacted under paragraph (a),
  396  paragraph (c), or paragraph (e). in the following manner:
  397         (a) If the value of the property has been donated to the
  398  state for transportation purposes and a transportation facility
  399  has not been constructed for at least 5 years, plans have not
  400  been prepared for the construction of such facility, and the
  401  property is not located in a transportation corridor, the
  402  governmental entity may authorize reconveyance of the donated
  403  property for no consideration to the original donor or the
  404  donor’s heirs, successors, assigns, or representatives is
  405  $10,000 or less as determined by department estimate, the
  406  department may negotiate the sale.
  407         (b) If the value of the property is to be used for a public
  408  purpose, the property may be conveyed without consideration to a
  409  governmental entity exceeds $10,000 as determined by department
  410  estimate, such property may be sold to the highest bidder
  411  through receipt of sealed competitive bids, after due
  412  advertisement, or by public auction held at the site of the
  413  improvement which is being sold.
  414         (c) If the property was originally acquired specifically to
  415  provide replacement housing for persons displaced by
  416  transportation projects, the department may negotiate for the
  417  sale of such property as replacement housing. As compensation,
  418  the state shall receive at least its investment in such property
  419  or the department’s current estimate of value, whichever is
  420  lower. It is expressly intended that this benefit be extended
  421  only to persons actually displaced by the project. Dispositions
  422  to any other person must be for at least the department’s
  423  current estimate of value, in the discretion of the department,
  424  public sale would be inequitable, properties may be sold by
  425  negotiation to the owner holding title to the property abutting
  426  the property to be sold, provided such sale is at a negotiated
  427  price not less than fair market value as determined by an
  428  independent appraisal, the cost of which shall be paid by the
  429  owner of the abutting land. If negotiations do not result in the
  430  sale of the property to the owner of the abutting land and the
  431  property is sold to someone else, the cost of the independent
  432  appraisal shall be borne by the purchaser; and the owner of the
  433  abutting land shall have the cost of the appraisal refunded to
  434  him or her. If, however, no purchase takes place, the owner of
  435  the abutting land shall forfeit the sum paid by him or her for
  436  the independent appraisal. If, due to action of the department,
  437  the property is removed from eligibility for sale, the cost of
  438  any appraisal prepared shall be refunded to the owner of the
  439  abutting land.
  440         (d) If the department determines that the property requires
  441  significant costs to be incurred or that continued ownership of
  442  the property exposes the department to significant liability
  443  risks, the department may use the projected maintenance costs
  444  over the next 10 years to offset the property’s value in
  445  establishing a value for disposal of the property, even if that
  446  value is zero property acquired for use as a borrow pit is no
  447  longer needed, the department may sell such property to the
  448  owner of the parcel of abutting land from which the borrow pit
  449  was originally acquired, provided the sale is at a negotiated
  450  price not less than fair market value as determined by an
  451  independent appraisal, the cost of which shall be paid by the
  452  owner of such abutting land.
  453         (e) If, at the discretion of the department, a sale to a
  454  person other than an abutting property owner would be
  455  inequitable, the property may be sold to the abutting owner for
  456  the department’s current estimate of value the department begins
  457  the process for disposing of the property on its own initiative,
  458  either by negotiation under the provisions of paragraph (a),
  459  paragraph (c), paragraph (d), or paragraph (i), or by receipt of
  460  sealed competitive bids or public auction under the provisions
  461  of paragraph (b) or paragraph (i), a department staff appraiser
  462  may determine the fair market value of the property by an
  463  appraisal.
  464         (f) Any property which was acquired by a county or by the
  465  department using constitutional gas tax funds for the purpose of
  466  a right-of-way or borrow pit for a road on the State Highway
  467  System, State Park Road System, or county road system and which
  468  is no longer used or needed by the department may be conveyed
  469  without consideration to that county. The county may then sell
  470  such surplus property upon receipt of competitive bids in the
  471  same manner prescribed in this section.
  472         (g) If a property has been donated to the state for
  473  transportation purposes and the facility has not been
  474  constructed for a period of at least 5 years and no plans have
  475  been prepared for the construction of such facility and the
  476  property is not located in a transportation corridor, the
  477  governmental entity may authorize reconveyance of the donated
  478  property for no consideration to the original donor or the
  479  donor’s heirs, successors, assigns, or representatives.
  480         (h) If property is to be used for a public purpose, the
  481  property may be conveyed without consideration to a governmental
  482  entity.
  483         (i) If property was originally acquired specifically to
  484  provide replacement housing for persons displaced by
  485  transportation projects, the department may negotiate for the
  486  sale of such property as replacement housing. As compensation,
  487  the state shall receive no less than its investment in such
  488  properties or fair market value, whichever is lower. It is
  489  expressly intended that this benefit be extended only to those
  490  persons actually displaced by such project. Dispositions to any
  491  other persons must be for fair market value.
  492         (j) If the department determines that the property will
  493  require significant costs to be incurred or that continued
  494  ownership of the property exposes the department to significant
  495  liability risks, the department may use the projected
  496  maintenance costs over the next 5 years to offset the market
  497  value in establishing a value for disposal of the property, even
  498  if that value is zero.
  499         (5) The department may convey a leasehold interest for
  500  commercial or other purposes, in the name of the state, to any
  501  land, building, or other property, real or personal, which was
  502  acquired under the provisions of subsection (1). However, a
  503  lease may not be entered into at a price less than the
  504  department’s current estimate of value. The department’s
  505  estimate of value shall be prepared in accordance with
  506  department procedures, guidelines, and rules for valuation of
  507  real property, the cost of which shall be paid by the party
  508  seeking the lease of the property.
  509         (a) A lease may be through negotiations, sealed competitive
  510  bids, auctions, or any other means the department deems to be in
  511  its best interest The department may negotiate such a lease at
  512  the prevailing market value with the owner from whom the
  513  property was acquired; with the holders of leasehold estates
  514  existing at the time of the department’s acquisition; or, if
  515  public bidding would be inequitable, with the owner holding
  516  title to privately owned abutting property, if reasonable notice
  517  is provided to all other owners of abutting property. The
  518  department may allow an outdoor advertising sign to remain on
  519  the property acquired, or be relocated on department property,
  520  and such sign is shall not be considered a nonconforming sign
  521  pursuant to chapter 479.
  522         (b) If, at the discretion of the department, a lease to a
  523  person other than an abutting property owner or tenant with a
  524  leasehold interest in the abutting property would be
  525  inequitable, the property may be leased to the abutting owner or
  526  tenant for at least the department’s current estimate of value
  527  All other leases shall be by competitive bid.
  528         (c) A No lease signed pursuant to paragraph (a) may not or
  529  paragraph (b) shall be for a period of more than 5 years;
  530  however, the department may renegotiate or extend such a lease
  531  for an additional term of 5 years as the department deems
  532  appropriate without rebidding.
  533         (d) Each lease shall provide that, unless otherwise
  534  directed by the lessor, any improvements made to the property
  535  during the term of the lease shall be removed at the lessee’s
  536  expense.
  537         (e) If property is to be used for a public purpose,
  538  including a fair, art show, or other educational, cultural, or
  539  fundraising activity, the property may be leased without
  540  consideration to a governmental entity or school board. A lease
  541  for a public purpose is exempt from the term limits in paragraph
  542  (c).
  543         (f) Paragraphs (c) and (e) (d) do not apply to leases
  544  entered into pursuant to s. 260.0161(3), except as provided in
  545  such a lease.
  546         (g) A No lease executed under this subsection may not be
  547  used utilized by the lessee to establish the 4 years’ standing
  548  required under by s. 73.071(3)(b) if the business had not been
  549  established for the specified number of 4 years on the date
  550  title passed to the department.
  551         (h) The department may enter into a long-term lease without
  552  compensation with a public port listed in s. 403.021(9)(b) for
  553  rail corridors used for the operation of a short-line railroad
  554  to the port.
  555         (6) Nothing in This chapter does not prevent prevents the
  556  joint use of right-of-way for alternative modes of
  557  transportation if; provided that the joint use does not impair
  558  the integrity and safety of the transportation facility.
  559         (7) The department shall prepare the estimate of value
  560  provided under subsection (4) in accordance with department
  561  procedures, guidelines, and rules for valuation of real
  562  property. If the value of the property is greater than $50,000,
  563  as determined by the department estimate, the sale must be at a
  564  negotiated price of at least the estimate of value as determined
  565  by an appraisal prepared in accordance with department
  566  procedures, guidelines, and rules for valuation of real
  567  property, the cost of which shall be paid by the party seeking
  568  the purchase of the property. If the estimated value is $50,000
  569  or less, the department may use a department staff appraiser or
  570  obtain an independent appraisal required by paragraphs (4)(c)
  571  and (d) shall be prepared in accordance with department
  572  guidelines and rules by an independent appraiser who has been
  573  certified by the department. If federal funds were used in the
  574  acquisition of the property, the appraisal shall also be subject
  575  to the approval of the Federal Highway Administration.
  576         (8) As used in this section, the term A “due advertisement”
  577  means under this section is an advertisement in a newspaper of
  578  general circulation in the area of the improvements of at least
  579  not less than 14 calendar days before prior to the date of the
  580  receipt of bids or the date on which a public auction is to be
  581  held.
  582         (9) The department, with the approval of the Chief
  583  Financial Officer, may is authorized to disburse state funds for
  584  real estate closings in a manner consistent with good business
  585  practices and in a manner minimizing costs and risks to the
  586  state.
  587         (10) The department may is authorized to purchase title
  588  insurance if in those instances where it determines is
  589  determined that such insurance is necessary to protect the
  590  public’s investment in property being acquired for
  591  transportation purposes. The department shall adopt procedures
  592  to be followed in making the determination to purchase title
  593  insurance for a particular parcel or group of parcels which, at
  594  a minimum, shall specify set forth criteria that which the
  595  parcels must meet.
  596         (11) This section does not modify the requirements of s.
  597  73.013.
  598         Section 20. Subsection (2) of section 337.251, Florida
  599  Statutes, is amended, present subsections (3) through (10) of
  600  that section are redesignated as subsections (4) through (11),
  601  respectively, and a new subsection (3) is added to that section,
  602  to read:
  603         337.251 Lease of property for joint public-private
  604  development and areas above or below department property.—
  605         (2) The department may request proposals for the lease of
  606  such property or, if the department receives a proposal for to
  607  negotiate a lease of a particular department property which it
  608  desires to consider, the department it shall publish a notice in
  609  a newspaper of general circulation at least once a week for 2
  610  weeks, stating that it has received the proposal and will
  611  accept, for 60 days after the date of publication, other
  612  proposals for lease of such property for 120 days after the date
  613  of publication use of the space. A copy of the notice must be
  614  mailed to each local government in the affected area. The
  615  department shall establish by rule an application fee for the
  616  submission of proposals pursuant to this section. The fee must
  617  be sufficient to pay the anticipated costs of evaluating the
  618  proposals. The department may engage the services of private
  619  consultants to assist in the evaluations. Before approval, the
  620  department shall determine that the proposed lease:
  621         (a) Is in the public’s best interest;
  622         (b) Does not require that state funds be used; and
  623         (c) Has adequate safeguards in place to ensure that
  624  additional costs are not borne and service disruptions are not
  625  experienced by the traveling public and residents of the state
  626  in the event of default by the private lessee or upon
  627  termination or expiration of the lease.
  628         (3) The department shall provide an independent analysis of
  629  a proposed lease which demonstrates the cost-effectiveness and
  630  overall public benefit at the following times:
  631         (a) Before moving forward with the procurement; and
  632         (b) Before awarding the contract if the procurement moves
  633  forward.
  634         Section 21. Section 339.041, Florida Statutes, is created
  635  to read:
  636         339.041Factoring of revenues from leases for wireless
  637  communication facilities.—
  638         (1)The Legislature finds that efforts to increase funding
  639  for capital expenditures for the transportation system are
  640  necessary for the protection of the public safety and general
  641  welfare and for the preservation of transportation facilities in
  642  this state. It is, therefore, the intent of the Legislature:
  643         (a) To create a mechanism for factoring future revenues
  644  received by the department from leases for wireless
  645  communication facilities on department property on a nonrecourse
  646  basis;
  647         (b)To fund fixed capital expenditures for the statewide
  648  transportation system from proceeds generated through this
  649  mechanism; and
  650         (c)To maximize revenues from factoring by ensuring that
  651  such revenues are exempt from income taxation under federal law
  652  in order to increase funds available for capital expenditures.
  653         (2) For the purposes of factoring revenues under this
  654  section, department property includes real property located
  655  within the department’s limited access rights-of-way, property
  656  located outside the current operating right-of-way limits which
  657  is not needed to support current transportation facilities,
  658  other property owned by the Board of Trustees of the Internal
  659  Improvement Trust Fund and leased by the department, space on
  660  department telecommunications facilities, and space on
  661  department structures.
  662         (3) The department may solicit investors willing to enter
  663  into agreements to purchase the revenue stream from one or more
  664  existing department leases for wireless communication facilities
  665  on property owned or controlled by the department through the
  666  issuance of an invitation to negotiate. Such agreements shall be
  667  structured as tax-exempt financings for federal income tax
  668  purposes in order to result in the largest possible payout.
  669         (4) The department may not pledge the credit, the general
  670  revenues, or the taxing power of the state or of any political
  671  subdivision of the state. The obligations of the department and
  672  investors under the agreement do not constitute a general
  673  obligation of the state or a pledge of the full faith and credit
  674  or taxing power of the state. The agreement is payable from and
  675  secured solely by payments received from department leases for
  676  wireless communication facilities on property owned or
  677  controlled by the department, and neither the state nor any of
  678  its agencies has any liability beyond such payments.
  679         (5) The department may make any covenant or representation
  680  necessary or desirable in connection with the agreement,
  681  including a commitment by the department to take whatever
  682  actions are necessary on behalf of investors to enforce the
  683  department’s rights to payments on property leased for wireless
  684  communications facilities. However, the department may not
  685  guarantee that revenues actually received in a future year will
  686  be those anticipated in its leases for wireless communication
  687  facilities. The department may agree to use its best efforts to
  688  ensure that anticipated future-year revenues are protected. Any
  689  risk that actual revenues received from department leases for
  690  wireless communications facilities will be lower than
  691  anticipated shall be borne exclusively by investors.
  692         (6) Subject to annual appropriation, the investors shall
  693  collect the lease payments on a schedule and in a manner
  694  established in the agreements entered into pursuant to this
  695  section between the department and the investors. The agreements
  696  may provide for lease payments to be made directly to investors
  697  by lessees if the lease agreements entered into by the
  698  department and the lessees pursuant to s. 365.172(12)(f) allow
  699  direct payment.
  700         (7) Proceeds received by the department from leases for
  701  wireless communication facilities shall be deposited in the
  702  State Transportation Trust Fund created under s. 206.46 and used
  703  for fixed capital expenditures for the statewide transportation
  704  system.
  705         Section 22. Paragraphs (a) and (b) of subsection (3),
  706  paragraph (a) of subsection (4), and paragraph (c) of subsection
  707  (11) of section 339.175, Florida Statutes, are amended to read:
  708         339.175 Metropolitan planning organization.—
  709         (3) VOTING MEMBERSHIP.—
  710         (a) The voting membership of an M.P.O. shall consist of at
  711  least not fewer than 5 but not or more than 25 19 apportioned
  712  members, with the exact number to be determined on an equitable
  713  geographic-population ratio basis by the Governor, based on an
  714  agreement among the affected units of general-purpose local
  715  government and the Governor, as required by federal rules and
  716  regulations. The Governor, In accordance with 23 U.S.C. s. 134,
  717  the Governor may also allow provide for M.P.O. members who
  718  represent municipalities to alternate with representatives from
  719  other municipalities within the metropolitan planning area which
  720  that do not have members on the M.P.O. With the exception of
  721  instances in which all of the county commissioners in a single
  722  county M.P.O. are members of the M.P.O. governing board, county
  723  commissioners commission members shall compose at least not less
  724  than one-third of the M.P.O. governing board membership. A
  725  multicounty M.P.O. may satisfy this requirement by any
  726  combination of county commissioners from each of the counties
  727  constituting, except for an M.P.O. with more than 15 members
  728  located in a county with a 5-member county commission or an
  729  M.P.O. with 19 members located in a county with no more than 6
  730  county commissioners, in which case county commission members
  731  may compose less than one-third percent of the M.P.O.
  732  membership, but all county commissioners must be members. All
  733  Voting members shall be elected officials of general-purpose
  734  local governments, one of whom may represent a group of general
  735  purpose local governments through an entity created by an M.P.O.
  736  for that purpose. except that An M.P.O. may include, as part of
  737  its apportioned voting members, a member of a statutorily
  738  authorized planning board, an official of an agency that
  739  operates or administers a major mode of transportation, or an
  740  official of Space Florida. As used in this section, the term
  741  “elected officials of a general-purpose local government”
  742  excludes shall exclude constitutional officers, including
  743  sheriffs, tax collectors, supervisors of elections, property
  744  appraisers, clerks of the court, and similar types of officials.
  745  County commissioners shall compose not less than 20 percent of
  746  the M.P.O. membership if an official of an agency that operates
  747  or administers a major mode of transportation has been appointed
  748  to an M.P.O.
  749         (b) In metropolitan areas in which authorities or other
  750  agencies have been or may be created by law to perform
  751  transportation functions and are or will be performing
  752  transportation functions that are not under the jurisdiction of
  753  a general-purpose local government represented on the M.P.O.,
  754  such authorities or other agencies may they shall be provided
  755  voting membership on the M.P.O. In all other M.P.O.s in which
  756  M.P.O.’s where transportation authorities or agencies are to be
  757  represented by elected officials from general-purpose local
  758  governments, the M.P.O. shall establish a process by which the
  759  collective interests of such authorities or other agencies are
  760  expressed and conveyed.
  761         (4) APPORTIONMENT.—
  762         (a) Each M.P.O. shall review the composition of its
  763  membership in conjunction with the decennial census, as prepared
  764  by the United States Department of Commerce, Bureau of the
  765  Census, and with the agreement of the Governor and the affected
  766  general-purpose local government units that constitute the
  767  existing M.P.O., reapportion the membership as necessary to
  768  comply with subsection (3) The Governor shall, with the
  769  agreement of the affected units of general-purpose local
  770  government as required by federal rules and regulations,
  771  apportion the membership on the applicable M.P.O. among the
  772  various governmental entities within the area. At the request of
  773  a majority of the affected units of general-purpose local
  774  government comprising an M.P.O., the Governor and a majority of
  775  units of general-purpose local government serving on an M.P.O.
  776  shall cooperatively agree upon and prescribe who may serve as an
  777  alternate member and a method for appointing alternate members,
  778  who may vote at any M.P.O. meeting that he or she an alternate
  779  member attends in place of a regular member. The method must
  780  shall be set forth as a part of the interlocal agreement
  781  describing the M.P.O. M.P.O.’s membership or in the M.P.O.’s
  782  operating procedures and bylaws of the M.P.O. The governmental
  783  entity so designated shall appoint the appropriate number of
  784  members to the M.P.O. from eligible officials. Representatives
  785  of the department shall serve as nonvoting advisers to the
  786  M.P.O. governing board. Additional nonvoting advisers may be
  787  appointed by the M.P.O. as deemed necessary; however, to the
  788  maximum extent feasible, each M.P.O. shall seek to appoint
  789  nonvoting representatives of various multimodal forms of
  790  transportation not otherwise represented by voting members of
  791  the M.P.O. An M.P.O. shall appoint nonvoting advisers
  792  representing major military installations located within the
  793  jurisdictional boundaries of the M.P.O. upon the request of the
  794  aforesaid major military installations and subject to the
  795  agreement of the M.P.O. All nonvoting advisers may attend and
  796  participate fully in governing board meetings but may not vote
  797  or be members of the governing board. The Governor shall review
  798  the composition of the M.P.O. membership in conjunction with the
  799  decennial census as prepared by the United States Department of
  800  Commerce, Bureau of the Census, and reapportion it as necessary
  801  to comply with subsection (3).
  802         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
  803         (c) The powers and duties of the Metropolitan Planning
  804  Organization Advisory Council are to:
  805         1. Enter into contracts with individuals, private
  806  corporations, and public agencies.
  807         2. Acquire, own, operate, maintain, sell, or lease personal
  808  property essential for the conduct of business.
  809         3. Accept funds, grants, assistance, gifts, or bequests
  810  from private, local, state, or federal sources.
  811         4. Establish bylaws by action of its governing board
  812  providing procedural rules to guide its proceedings and
  813  consideration of matters before the council, or, alternatively,
  814  and adopt rules pursuant to ss. 120.536(1) and 120.54 to
  815  implement provisions of law conferring powers or duties upon it.
  816         5. Assist M.P.O.s M.P.O.’s in carrying out the urbanized
  817  area transportation planning process by serving as the principal
  818  forum for collective policy discussion pursuant to law.
  819         6. Serve as a clearinghouse for review and comment by
  820  M.P.O.s M.P.O.’s on the Florida Transportation Plan and on other
  821  issues required to comply with federal or state law in carrying
  822  out the urbanized area transportation and systematic planning
  823  processes instituted pursuant to s. 339.155.
  824         7. Employ an executive director and such other staff as
  825  necessary to perform adequately the functions of the council,
  826  within budgetary limitations. The executive director and staff
  827  are exempt from part II of chapter 110 and serve at the
  828  direction and control of the council. The council is assigned to
  829  the Office of the Secretary of the Department of Transportation
  830  for fiscal and accountability purposes, but it shall otherwise
  831  function independently of the control and direction of the
  832  department.
  833         8. Adopt an agency strategic plan that prioritizes steps
  834  provides the priority directions the agency will take to carry
  835  out its mission within the context of the state comprehensive
  836  plan and any other statutory mandates and directives directions
  837  given to the agency.
  838         Section 23. Paragraph (a) of subsection (1) and subsections
  839  (4) and (5) of section 339.2821, Florida Statutes, are amended
  840  to read:
  841         339.2821 Economic development transportation projects.—
  842         (1)(a) The department, in consultation with the Department
  843  of Economic Opportunity and Enterprise Florida, Inc., may make
  844  and approve expenditures and contract with the appropriate
  845  governmental body for the direct costs of transportation
  846  projects. The Department of Economic Opportunity and the
  847  Department of Environmental Protection may formally review and
  848  comment on recommended transportation projects, although the
  849  department has final approval authority for any project
  850  authorized under this section.
  851         (4) A contract between the department and a governmental
  852  body for a transportation project must:
  853         (a) Specify that the transportation project is for the
  854  construction of a new or expanding business and specify the
  855  number of full-time permanent jobs that will result from the
  856  project.
  857         (b) Identify the governmental body and require that the
  858  governmental body award the construction of the particular
  859  transportation project to the lowest and best bidder in
  860  accordance with applicable state and federal statutes or rules
  861  unless the transportation project can be constructed using
  862  existing local governmental employees within the contract period
  863  specified by the department.
  864         (c) Require that the governmental body provide the
  865  department with quarterly progress reports. Each quarterly
  866  progress report must contain:
  867         1. A narrative description of the work completed and
  868  whether the work is proceeding according to the transportation
  869  project schedule;
  870         2. A description of each change order executed by the
  871  governmental body;
  872         3. A budget summary detailing planned expenditures compared
  873  to actual expenditures; and
  874         4. The identity of each small or minority business used as
  875  a contractor or subcontractor.
  876         (d) Require that the governmental body make and maintain
  877  records in accordance with accepted governmental accounting
  878  principles and practices for each progress payment made for work
  879  performed in connection with the transportation project, each
  880  change order executed by the governmental body, and each payment
  881  made pursuant to a change order. The records are subject to
  882  financial audit as required by law.
  883         (e) Require that the governmental body, upon completion and
  884  acceptance of the transportation project, certify to the
  885  department that the transportation project has been completed in
  886  compliance with the terms and conditions of the contract between
  887  the department and the governmental body and meets the minimum
  888  construction standards established in accordance with s.
  889  336.045.
  890         (f) Specify that the department transfer funds will not be
  891  transferred to the governmental body unless construction has
  892  begun on the facility of the not more often than quarterly, upon
  893  receipt of a request for funds from the governmental body and
  894  consistent with the needs of the transportation project. The
  895  governmental body shall expend funds received from the
  896  department in a timely manner. The department may not transfer
  897  funds unless construction has begun on the facility of a
  898  business on whose behalf the award was made. The grant award
  899  shall be terminated if construction of the transportation
  900  project does not begin within 4 years after the date of the
  901  initial grant award A contract totaling less than $200,000 is
  902  exempt from the transfer requirement.
  903         (g) Require that funds be used only on a transportation
  904  project that has been properly reviewed and approved in
  905  accordance with the criteria provided set forth in this section.
  906         (h) Require that the governing board of the governmental
  907  body adopt a resolution accepting future maintenance and other
  908  attendant costs occurring after completion of the transportation
  909  project if the transportation project is constructed on a county
  910  or municipal system.
  911         (5) For purposes of this section, Space Florida may serve
  912  as the governmental body or as the contracting agency for a
  913  transportation project within a spaceport territory as defined
  914  by s. 331.304.
  915         Section 24. Sections 339.401 and 339.421, Florida Statutes,
  916  are repealed.
  917         Section 25. Section 373.618, Florida Statutes, is amended
  918  to read:
  919         373.618 Public service warnings, alerts, and
  920  announcements.—The Legislature believes it is in the public
  921  interest that all water management districts created pursuant to
  922  s. 373.069 own, acquire, develop, construct, operate, and manage
  923  public information systems. Public information systems may be
  924  located on property owned by the water management district, upon
  925  terms and conditions approved by the water management district,
  926  and must display messages to the general public concerning water
  927  management services, activities, events, and sponsors, as well
  928  as other public service announcements, including watering
  929  restrictions, severe weather reports, amber alerts, and other
  930  essential information needed by the public. Local government
  931  review or approval is not required for a public information
  932  system owned or hereafter acquired, developed, or constructed by
  933  the water management district on its own property. A public
  934  information system is subject to exempt from the requirements of
  935  the Highway Beautification Act of 1965 and all federal laws and
  936  agreements when applicable chapter 479. Water management
  937  district funds may not be used to pay the cost to acquire,
  938  develop, construct, operate, or manage a public information
  939  system. Any necessary funds for a public information system
  940  shall be paid for and collected from private sponsors who may
  941  display commercial messages.
  942         Section 26. Section 479.01, Florida Statutes, is amended to
  943  read:
  944         479.01 Definitions.—As used in this chapter, the term:
  945         (1) “Allowable uses” means the intended uses identified in
  946  a local government’s land development regulations which those
  947  uses that are authorized within a zoning category as a use by
  948  right, without the requirement to obtain a variance or waiver.
  949  The term includes conditional uses and those allowed by special
  950  exception if such uses are a present and actual use, but does
  951  not include uses that are accessory, ancillary, incidental to
  952  the allowable uses, or allowed only on a temporary basis.
  953         (2) “Automatic changeable facing” means a facing that is
  954  capable of delivering two or more advertising messages through
  955  an automated or remotely controlled process.
  956         (3) “Business of outdoor advertising” means the business of
  957  constructing, erecting, operating, using, maintaining, leasing,
  958  or selling outdoor advertising structures, outdoor advertising
  959  signs, or outdoor advertisements.
  960         (4) “Commercial or industrial zone” means a parcel of land
  961  designated for commercial or industrial uses under both the
  962  future land use map of the comprehensive plan and the land use
  963  development regulations adopted pursuant to chapter 163. If a
  964  parcel is located in an area designated for multiple uses on the
  965  future land use map of a comprehensive plan and the zoning
  966  category of the land development regulations does not clearly
  967  designate that parcel for a specific use, the area will be
  968  considered an unzoned commercial or industrial area if it meets
  969  the criteria of subsection (26).
  970         (4)(5) “Commercial use” means activities associated with
  971  the sale, rental, or distribution of products or the performance
  972  of services. The term includes, but is not limited to without
  973  limitation, such uses or activities as retail sales; wholesale
  974  sales; rentals of equipment, goods, or products; offices;
  975  restaurants; food service vendors; sports arenas; theaters; and
  976  tourist attractions.
  977         (5)(6) “Controlled area” means 660 feet or less from the
  978  nearest edge of the right-of-way of any portion of the State
  979  Highway System, interstate, or federal-aid primary highway
  980  system and beyond 660 feet of the nearest edge of the right-of
  981  way of any portion of the State Highway System, interstate
  982  highway system, or federal-aid primary system outside an urban
  983  area.
  984         (6)(7) “Department” means the Department of Transportation.
  985         (7)(8) “Erect” means to construct, build, raise, assemble,
  986  place, affix, attach, create, paint, draw, or in any other way
  987  bring into being or establish. The term; but it does not include
  988  such any of the foregoing activities when performed as incidents
  989  an incident to the change of advertising message or customary
  990  maintenance or repair of a sign.
  991         (8)(9) “Federal-aid primary highway system” means the
  992  federal-aid primary highway system in existence on June 1, 1991,
  993  and any highway that was not a part of such system as of that
  994  date but that is, or became after June 1, 1991, a part of the
  995  National Highway System, including portions that have been
  996  accepted as part of the National Highway System but are unbuilt
  997  or unopened existing, unbuilt, or unopened system of highways or
  998  portions thereof, which shall include the National Highway
  999  System, designated as the federal-aid primary highway system by
 1000  the department.
 1001         (9)(10) “Highway” means any road, street, or other way open
 1002  or intended to be opened to the public for travel by motor
 1003  vehicles.
 1004         (10)(11) “Industrial use” means activities associated with
 1005  the manufacture, assembly, processing, or storage of products or
 1006  the performance of related services relating thereto. The term
 1007  includes, but is not limited to without limitation, such uses or
 1008  activities as automobile manufacturing or repair, boat
 1009  manufacturing or repair, junk yards, meat packing facilities,
 1010  citrus processing and packing facilities, produce processing and
 1011  packing facilities, electrical generating plants, water
 1012  treatment plants, sewage treatment plants, and solid waste
 1013  disposal sites.
 1014         (11)(12) “Interstate highway system” means the existing,
 1015  unbuilt, or unopened system of highways or portions thereof
 1016  designated as the national system of interstate and defense
 1017  highways by the department.
 1018         (12)(13) “Main-traveled way” means the traveled way of a
 1019  highway on which through traffic is carried. In the case of a
 1020  divided highway, the traveled way of each of the separate
 1021  roadways for traffic in opposite directions is a main-traveled
 1022  way. The term It does not include such facilities as frontage
 1023  roads, turning roadways which specifically include on-ramps or
 1024  off-ramps to the interstate highway system, or parking areas.
 1025         (13)(14) “Maintain” means to allow to exist.
 1026         (14)(15) “Motorist services directional signs” means signs
 1027  providing directional information about goods and services in
 1028  the interest of the traveling public where such signs were
 1029  lawfully erected and in existence on or before May 6, 1976, and
 1030  continue to provide directional information to goods and
 1031  services in a defined area.
 1032         (15)(16) “New highway” means the construction of any road,
 1033  paved or unpaved, where no road previously existed or the act of
 1034  paving any previously unpaved road.
 1035         (16)(17) “Nonconforming sign” means a sign which was
 1036  lawfully erected but which does not comply with the land use,
 1037  setback, size, spacing, and lighting provisions of state or
 1038  local law, rule, regulation, or ordinance passed at a later date
 1039  or a sign which was lawfully erected but which later fails to
 1040  comply with state or local law, rule, regulation, or ordinance
 1041  due to changed conditions.
 1042         (17)(18) “Premises” means all the land areas under
 1043  ownership or lease arrangement to the sign owner which are
 1044  contiguous to the business conducted on the land except for
 1045  instances where such land is a narrow strip contiguous to the
 1046  advertised activity or is connected by such narrow strip, the
 1047  only viable use of such land is to erect or maintain an
 1048  advertising sign. If When the sign owner is a municipality or
 1049  county, the term means “premises” shall mean all lands owned or
 1050  leased by the such municipality or county within its
 1051  jurisdictional boundaries as set forth by law.
 1052         (18)(19) “Remove” means to disassemble all sign materials
 1053  above ground level and, transport such materials from the site,
 1054  and dispose of sign materials by sale or destruction.
 1055         (19)(20) “Sign” means any combination of structure and
 1056  message in the form of an outdoor sign, display, device, figure,
 1057  painting, drawing, message, placard, poster, billboard,
 1058  advertising structure, advertisement, logo, symbol, or other
 1059  form, whether placed individually or on a V-type, back-to-back,
 1060  side-to-side, stacked, or double-faced display or automatic
 1061  changeable facing, designed, intended, or used to advertise or
 1062  inform, any part of the advertising message or informative
 1063  contents of which is visible from any place on the main-traveled
 1064  way. The term does not include an official traffic control sign,
 1065  official marker, or specific information panel erected, caused
 1066  to be erected, or approved by the department.
 1067         (20)(21) “Sign direction” means the that direction from
 1068  which the message or informative contents are most visible to
 1069  oncoming traffic on the main-traveled way.
 1070         (21)(22) “Sign face” means the part of a the sign,
 1071  including trim and background, which contains the message or
 1072  informative contents, including an automatic changeable face.
 1073         (22)(23) “Sign facing” includes all sign faces and
 1074  automatic changeable faces displayed at the same location and
 1075  facing the same direction.
 1076         (23)(24) “Sign structure” means all the interrelated parts
 1077  and material, such as beams, poles, and stringers, which are
 1078  constructed for the purpose of supporting or displaying a
 1079  message or informative contents.
 1080         (24)(25) “State Highway System” has the same meaning as in
 1081  s. 334.03 means the existing, unbuilt, or unopened system of
 1082  highways or portions thereof designated as the State Highway
 1083  System by the department.
 1084         (26) “Unzoned commercial or industrial area” means a parcel
 1085  of land designated by the future land use map of the
 1086  comprehensive plan for multiple uses that include commercial or
 1087  industrial uses but are not specifically designated for
 1088  commercial or industrial uses under the land development
 1089  regulations, in which three or more separate and distinct
 1090  conforming industrial or commercial activities are located.
 1091         (a) These activities must satisfy the following criteria:
 1092         1. At least one of the commercial or industrial activities
 1093  must be located on the same side of the highway and within 800
 1094  feet of the sign location;
 1095         2. The commercial or industrial activities must be within
 1096  660 feet from the nearest edge of the right-of-way; and
 1097         3. The commercial industrial activities must be within
 1098  1,600 feet of each other.
 1099  
 1100  Distances specified in this paragraph must be measured from the
 1101  nearest outer edge of the primary building or primary building
 1102  complex when the individual units of the complex are connected
 1103  by covered walkways.
 1104         (b) Certain activities, including, but not limited to, the
 1105  following, may not be so recognized as commercial or industrial
 1106  activities:
 1107         1. Signs.
 1108         2. Agricultural, forestry, ranching, grazing, farming, and
 1109  related activities, including, but not limited to, wayside fresh
 1110  produce stands.
 1111         3. Transient or temporary activities.
 1112         4. Activities not visible from the main-traveled way.
 1113         5. Activities conducted more than 660 feet from the nearest
 1114  edge of the right-of-way.
 1115         6. Activities conducted in a building principally used as a
 1116  residence.
 1117         7. Railroad tracks and minor sidings.
 1118         8. Communication towers.
 1119         (25)(27) “Urban area” has the same meaning as defined in s.
 1120  334.03(31).
 1121         (26)(28) “Visible commercial or industrial activity” means
 1122  a commercial or industrial activity that is capable of being
 1123  seen without visual aid by a person of normal visual acuity from
 1124  the main-traveled way and that is generally recognizable as
 1125  commercial or industrial.
 1126         (27)(29) “Visible sign” means that the advertising message
 1127  or informative contents of a sign, whether or not legible, can
 1128  be is capable of being seen without visual aid by a person of
 1129  normal visual acuity.
 1130         (28)(30) “Wall mural” means a sign that is a painting or an
 1131  artistic work composed of photographs or arrangements of color
 1132  and that displays a commercial or noncommercial message, relies
 1133  solely on the side of the building for rigid structural support,
 1134  and is painted on the building or depicted on vinyl, fabric, or
 1135  other similarly flexible material that is held in place flush or
 1136  flat against the surface of the building. The term excludes a
 1137  painting or work placed on a structure that is erected for the
 1138  sole or primary purpose of signage.
 1139         (29)(31) “Zoning category” means the designation under the
 1140  land development regulations or other similar ordinance enacted
 1141  to regulate the use of land as provided in s. 163.3202(2)(b),
 1142  which designation sets forth the allowable uses, restrictions,
 1143  and limitations on use applicable to properties within the
 1144  category.
 1145         Section 27. Section 479.02, Florida Statutes, is amended to
 1146  read:
 1147         479.02 Duties of the department.—It shall be the duty of
 1148  The department shall to:
 1149         (1) Administer and enforce the provisions of this chapter,
 1150  and the 1972 agreement between the state and the United States
 1151  Department of Transportation relating to the size, lighting, and
 1152  spacing of signs in accordance with Title I of the Highway
 1153  Beautification Act of 1965 and Title 23 of the, United States
 1154  Code, and federal regulations, including, but not limited to,
 1155  those pertaining to the maintenance, continuance, and removal of
 1156  nonconforming signs in effect as of the effective date of this
 1157  act.
 1158         (2) Regulate size, height, lighting, and spacing of signs
 1159  permitted on commercial and industrial parcels and in unzoned
 1160  commercial or industrial areas in zoned and unzoned commercial
 1161  areas and zoned and unzoned industrial areas on the interstate
 1162  highway system and the federal-aid primary highway system.
 1163         (3) Determine unzoned commercial and industrial parcels and
 1164  unzoned commercial or areas and unzoned industrial areas in the
 1165  manner provided in s. 479.024.
 1166         (4) Implement a specific information panel program on the
 1167  limited access interstate highway system to promote tourist
 1168  oriented businesses by providing directional information safely
 1169  and aesthetically.
 1170         (5) Implement a rest area information panel or devices
 1171  program at rest areas along the interstate highway system and
 1172  the federal-aid primary highway system to promote tourist
 1173  oriented businesses.
 1174         (6) Test and, if economically feasible, implement
 1175  alternative methods of providing information in the specific
 1176  interest of the traveling public which allow the traveling
 1177  public freedom of choice, conserve natural beauty, and present
 1178  information safely and aesthetically.
 1179         (7) Adopt such rules as the department it deems necessary
 1180  or proper for the administration of this chapter, including
 1181  rules that which identify activities that may not be recognized
 1182  as industrial or commercial activities for purposes of
 1183  determination of a an area as an unzoned commercial or
 1184  industrial parcel or an unzoned commercial or industrial area in
 1185  the manner provided in s. 479.024.
 1186         (8) Prior to July 1, 1998, Inventory and determine the
 1187  location of all signs on the State Highway System, interstate
 1188  highway system, and federal-aid primary highway system to be
 1189  used as systems. Upon completion of the inventory, it shall
 1190  become the database and permit information for all permitted
 1191  signs permitted at the time of completion, and the previous
 1192  records of the department shall be amended accordingly. The
 1193  inventory shall be updated at least no less than every 2 years.
 1194  The department shall adopt rules regarding what information is
 1195  to be collected and preserved to implement the purposes of this
 1196  chapter. The department may perform the inventory using
 1197  department staff, or may contract with a private firm to perform
 1198  the work, whichever is more cost efficient. The department shall
 1199  maintain a database of sign inventory information such as sign
 1200  location, size, height, and structure type, the permittee’s
 1201  permitholder’s name, and any other information the department
 1202  finds necessary to administer the program.
 1203         Section 28. Section 479.024, Florida Statutes, is created
 1204  to read:
 1205         479.024 Commercial and industrial parcels.—Signs shall be
 1206  permitted by the department only in commercial or industrial
 1207  zones, as determined by the local government, in compliance with
 1208  chapter 163, unless otherwise provided in this chapter.
 1209  Commercial and industrial zones are those areas appropriate for
 1210  commerce, industry, or trade, regardless of how those areas are
 1211  labeled.
 1212         (1) As used in this section, the term:
 1213         (a) “Parcel” means the property where the sign is located
 1214  or is proposed to be located.
 1215         (b) “Utilities” includes all privately, publicly, or
 1216  cooperatively owned lines, facilities, and systems for
 1217  producing, transmitting, or distributing communications, power,
 1218  electricity, light, heat, gas, oil, crude products, water,
 1219  steam, waste, and stormwater not connected with the highway
 1220  drainage, and other similar commodities.
 1221         (2)The determination as to zoning by the local government
 1222  for the parcel must meet all of the following criteria:
 1223         (a) The parcel is comprehensively zoned and includes
 1224  commercial or industrial uses as allowable uses.
 1225         (b) The parcel can reasonably accommodate a commercial or
 1226  industrial use under the future land use map of the
 1227  comprehensive plan and land use development regulations, as
 1228  follows:
 1229         1. Sufficient utilities are available to support commercial
 1230  or industrial development; and
 1231         2. The size, configuration, and public access of the parcel
 1232  are sufficient to accommodate a commercial or industrial use,
 1233  given the requirements in the comprehensive plan and land
 1234  development regulations for vehicular access, on-site
 1235  circulation, building setbacks, buffering, parking, and other
 1236  applicable standards, or the parcel consists of railroad tracks
 1237  or minor sidings abutting commercial or industrial property that
 1238  meets the criteria of this subsection.
 1239         (c) The parcel is not being used exclusively for
 1240  noncommercial or nonindustrial uses.
 1241         (3) If a local government has not designated zoning through
 1242  land development regulations in compliance with chapter 163 but
 1243  has designated the parcel under the future land use map of the
 1244  comprehensive plan for uses that include commercial or
 1245  industrial uses, the parcel shall be considered an unzoned
 1246  commercial or industrial area. For a permit to be issued for a
 1247  sign in an unzoned commercial or industrial area, there must be
 1248  three or more distinct commercial or industrial activities
 1249  within 1,600 feet of each other, with at least one of the
 1250  commercial or industrial activities located on the same side of
 1251  the highway as, and within 800 feet of, the sign location.
 1252  Multiple commercial or industrial activities enclosed in one
 1253  building shall be considered one use if all activities have only
 1254  shared building entrances.
 1255         (4) For purposes of this section, certain uses and
 1256  activities may not be independently recognized as commercial or
 1257  industrial, including, but not limited to:
 1258         (a)Signs.
 1259         (b) Agricultural, forestry, ranching, grazing, and farming,
 1260  and related activities, including, but not limited to, wayside
 1261  fresh produce stands.
 1262         (c) Transient or temporary activities.	
 1263         (d) Activities not visible from the main-traveled way,
 1264  unless a department transportation facility is the only cause
 1265  for the activity not being visible.
 1266         (e) Activities conducted more than 660 feet from the
 1267  nearest edge of the right-of-way.
 1268         (f) Activities conducted in a building principally used as
 1269  a residence.
 1270         (g) Railroad tracks and minor sidings, unless the tracks
 1271  and sidings are abutted by a commercial or industrial property
 1272  that meets the criteria in subsection (2).
 1273         (h)Communication towers.
 1274         (i) Public parks, public recreation services, and
 1275  governmental uses and activities that take place in a structure
 1276  that serves as the permanent public meeting place for local,
 1277  state, or federal boards, commissions, or courts.
 1278         (5) If the local government has indicated that the proposed
 1279  sign location is on a parcel that is in a commercial or
 1280  industrial zone but the department finds that it is not, the
 1281  department shall notify the sign applicant in writing of its
 1282  determination.
 1283         (6) An applicant whose application for a permit is denied
 1284  may request, within 30 days after the receipt of the
 1285  notification of intent to deny, an administrative hearing
 1286  pursuant to chapter 120 for a determination of whether the
 1287  parcel is located in a commercial or industrial zone. Upon
 1288  receipt of such request, the department shall notify the local
 1289  government that the applicant has requested an administrative
 1290  hearing pursuant to chapter 120.
 1291         (7) If the department determines in a final order that the
 1292  parcel does not meet the permitting conditions in this section
 1293  and a sign exists on the parcel, the applicant shall remove the
 1294  sign within 30 days after the date of the order. The applicant
 1295  is responsible for all sign removal costs.
 1296         (8) If the Federal Highway Administration reduces funds
 1297  that would otherwise be apportioned to the department due to a
 1298  local government’s failure to comply with this section, the
 1299  department shall reduce transportation funding apportioned to
 1300  the local government by an equivalent amount.
 1301         Section 29. Section 479.03, Florida Statutes, is amended to
 1302  read:
 1303         479.03 Jurisdiction of the Department of Transportation;
 1304  entry upon privately owned lands.—The territory under the
 1305  jurisdiction of the department for the purpose of this chapter
 1306  includes shall include all the state. Employees, agents, or
 1307  independent contractors working for the department, in the
 1308  performance of their functions and duties under the provisions
 1309  of this chapter, may enter into and upon any land upon which a
 1310  sign is displayed, is proposed to be erected, or is being
 1311  erected and make such inspections, surveys, and removals as may
 1312  be relevant. Upon written notice to After receiving consent by
 1313  the landowner, operator, or person in charge of an intervening
 1314  privately owned land that or appropriate inspection warrant
 1315  issued by a judge of any county court or circuit court of this
 1316  state which has jurisdiction of the place or thing to be
 1317  removed, that the removal of an illegal outdoor advertising sign
 1318  is necessary and has been authorized by a final order or results
 1319  from an uncontested notice to the sign owner, the department may
 1320  shall be authorized to enter upon any intervening privately
 1321  owned lands for the purposes of effectuating removal of illegal
 1322  signs., provided that The department may enter intervening
 1323  privately owned lands shall only do so in circumstances where it
 1324  has determined that no other legal or economically feasible
 1325  means of entry to the sign site are not reasonably available.
 1326  Except as otherwise provided by this chapter, the department is
 1327  shall be responsible for the repair or replacement in a like
 1328  manner for any physical damage or destruction of private
 1329  property, other than the sign, incidental to the department’s
 1330  entry upon such intervening privately owned lands.
 1331         Section 30. Section 479.04, Florida Statutes, is amended to
 1332  read:
 1333         479.04 Business of outdoor advertising; license
 1334  requirement; renewal; fees.—
 1335         (1) A No person may not shall engage in the business of
 1336  outdoor advertising in this state without first obtaining a
 1337  license therefor from the department. Such license shall be
 1338  renewed annually. The fee for such license, and for each annual
 1339  renewal, is $300. License renewal fees are shall be payable as
 1340  provided for in s. 479.07.
 1341         (2) A No person is not shall be required to obtain the
 1342  license provided for in this section solely to erect or
 1343  construct outdoor advertising signs or structures as an
 1344  incidental part of a building construction contract.
 1345         Section 31. Section 479.05, Florida Statutes, is amended to
 1346  read:
 1347         479.05 Denial, suspension, or revocation of license.—The
 1348  department may has authority to deny, suspend, or revoke a any
 1349  license requested or granted under this chapter in any case in
 1350  which it determines that the application for the license
 1351  contains knowingly false or misleading information of material
 1352  consequence, that the licensee has failed to pay fees or costs
 1353  owed to the department for outdoor advertising purposes, or that
 1354  the licensee has violated any of the provisions of this chapter,
 1355  unless such licensee, within 30 days after the receipt of notice
 1356  by the department, corrects such false or misleading
 1357  information, pays the outstanding amounts, or complies with the
 1358  provisions of this chapter. Suspension of a license allows the
 1359  licensee to maintain existing sign permits, but the department
 1360  may not grant a transfer of an existing permit or issue an
 1361  additional permit to a licensee with a suspended license. A Any
 1362  person aggrieved by an any action of the department which
 1363  denies, suspends, or revokes in denying or revoking a license
 1364  under this chapter may, within 30 days after from the receipt of
 1365  the notice, apply to the department for an administrative
 1366  hearing pursuant to chapter 120.
 1367         Section 32. Section 479.07, Florida Statutes, is amended to
 1368  read:
 1369         479.07 Sign permits.—
 1370         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
 1371  person may not erect, operate, use, or maintain, or cause to be
 1372  erected, operated, used, or maintained, any sign on the State
 1373  Highway System outside an urban area, as defined in s.
 1374  334.03(31), or on any portion of the interstate or federal-aid
 1375  primary highway system without first obtaining a permit for the
 1376  sign from the department and paying the annual fee as provided
 1377  in this section. As used in this section, the term “on any
 1378  portion of the State Highway System, interstate highway system,
 1379  or federal-aid primary system” means a sign located within the
 1380  controlled area which is visible from any portion of the main
 1381  traveled way of such system.
 1382         (2) A person may not apply for a permit unless he or she
 1383  has first obtained the Written permission of the owner or other
 1384  person in lawful possession or control of the site designated as
 1385  the location of the sign is required for issuance of a in the
 1386  application for the permit.
 1387         (3)(a) An application for a sign permit must be made on a
 1388  form prescribed by the department, and a separate application
 1389  must be submitted for each permit requested. A permit is
 1390  required for each sign facing.
 1391         (b) As part of the application, the applicant or his or her
 1392  authorized representative must certify in a notarized signed
 1393  statement that all information provided in the application is
 1394  true and correct and that, pursuant to subsection (2), he or she
 1395  has obtained the written permission of the owner or other person
 1396  in lawful possession of the site designated as the location of
 1397  the sign in the permit application. Each Every permit
 1398  application must be accompanied by the appropriate permit fee; a
 1399  signed statement by the owner or other person in lawful control
 1400  of the site on which the sign is located or will be erected,
 1401  authorizing the placement of the sign on that site; and, where
 1402  local governmental regulation of signs exists, a statement from
 1403  the appropriate local governmental official indicating that the
 1404  sign complies with all local government governmental
 1405  requirements; and, if a local government permit is required for
 1406  a sign, a statement that the agency or unit of local government
 1407  will issue a permit to that applicant upon approval of the state
 1408  permit application by the department.
 1409         (c) The annual permit fee for each sign facing shall be
 1410  established by the department by rule in an amount sufficient to
 1411  offset the total cost to the department for the program, but may
 1412  shall not be greater than exceed $100. The A fee may not be
 1413  prorated for a period less than the remainder of the permit year
 1414  to accommodate short-term publicity features; however, a first
 1415  year fee may be prorated by payment of an amount equal to one
 1416  fourth of the annual fee for each remaining whole quarter or
 1417  partial quarter of the permit year. Applications received after
 1418  the end of the third quarter of the permit year must include
 1419  fees for the last quarter of the current year and fees for the
 1420  succeeding year.
 1421         (4) An application for a permit shall be acted on by
 1422  granting, denying, or returning the incomplete application the
 1423  department within 30 days after receipt of the application by
 1424  the department.
 1425         (5)(a) For each permit issued, the department shall furnish
 1426  to the applicant a serially numbered permanent metal permit tag.
 1427  The permittee is responsible for maintaining a valid permit tag
 1428  on each permitted sign facing at all times. The tag shall be
 1429  securely attached to the upper 50 percent of the sign structure,
 1430  and sign facing or, if there is no facing, on the pole nearest
 1431  the highway; and it shall be attached in such a manner as to be
 1432  plainly visible from the main-traveled way. Effective July 1,
 1433  2012, the tag must be securely attached to the upper 50 percent
 1434  of the pole nearest the highway and must be attached in such a
 1435  manner as to be plainly visible from the main-traveled way. The
 1436  permit becomes void unless the permit tag must be is properly
 1437  and permanently displayed at the permitted site within 30 days
 1438  after the date of permit issuance. If the permittee fails to
 1439  erect a completed sign on the permitted site within 270 days
 1440  after the date on which the permit was issued, the permit will
 1441  be void, and the department may not issue a new permit to that
 1442  permittee for the same location for 270 days after the date on
 1443  which the permit becomes became void.
 1444         (b)  If a permit tag is lost, stolen, or destroyed, the
 1445  permittee to whom the tag was issued must apply to the
 1446  department for a replacement tag. The department shall adopt a
 1447  rule establishing a service fee for replacement tags in an
 1448  amount that will recover the actual cost of providing the
 1449  replacement tag. Upon receipt of the application accompanied by
 1450  the service fee, the department shall issue a replacement permit
 1451  tag. Alternatively, the permittee may provide its own
 1452  replacement tag pursuant to department specifications that the
 1453  department shall adopt by rule at the time it establishes the
 1454  service fee for replacement tags.
 1455         (6) A permit is valid only for the location specified in
 1456  the permit. Valid permits may be transferred from one sign owner
 1457  to another upon written acknowledgment from the current
 1458  permittee and submittal of a transfer fee of $5 for each permit
 1459  to be transferred. However, the maximum transfer fee for any
 1460  multiple transfer between two outdoor advertisers in a single
 1461  transaction is $1,000 $100.
 1462         (7) A permittee shall at all times maintain the permission
 1463  of the owner or other person in lawful control of the sign site
 1464  in order to have and maintain a sign at such site.
 1465         (8)(a) In order to reduce peak workloads, the department
 1466  may adopt rules providing for staggered expiration dates for
 1467  licenses and permits. Unless otherwise provided for by rule, all
 1468  licenses and permits expire annually on January 15. All license
 1469  and permit renewal fees are required to be submitted to the
 1470  department by no later than the expiration date. At least 105
 1471  days before prior to the expiration date of licenses and
 1472  permits, the department shall send to each permittee a notice of
 1473  fees due for all licenses and permits that which were issued to
 1474  him or her before prior to the date of the notice. Such notice
 1475  must shall list the permits and the permit fees due for each
 1476  sign facing. The permittee shall, no later than 45 days before
 1477  prior to the expiration date, advise the department of any
 1478  additions, deletions, or errors contained in the notice. Permit
 1479  tags that which are not renewed shall be returned to the
 1480  department for cancellation by the expiration date. Permits that
 1481  which are not renewed or are canceled shall be certified in
 1482  writing at that time as canceled or not renewed by the
 1483  permittee, and permit tags for such permits shall be returned to
 1484  the department or shall be accounted for by the permittee in
 1485  writing, which writing shall be submitted with the renewal fee
 1486  payment or the cancellation certification. However, failure of a
 1487  permittee to submit a permit cancellation does shall not affect
 1488  the nonrenewal of a permit. Before Prior to cancellation of a
 1489  permit, the permittee shall provide written notice to all
 1490  persons or entities having a right to advertise on the sign that
 1491  the permittee intends to cancel the permit.
 1492         (b) If a permittee has not submitted his or her fee payment
 1493  by the expiration date of the licenses or permits, the
 1494  department shall send a notice of violation to the permittee
 1495  within 45 days after the expiration date, requiring the payment
 1496  of the permit fee within 30 days after the date of the notice
 1497  and payment of a delinquency fee equal to 10 percent of the
 1498  original amount due or, in the alternative to these payments,
 1499  requiring the filing of a request for an administrative hearing
 1500  to show cause why the his or her sign should not be subject to
 1501  immediate removal due to expiration of his or her license or
 1502  permit. If the permittee submits payment as required by the
 1503  violation notice, the his or her license or permit shall will be
 1504  automatically reinstated and such reinstatement is will be
 1505  retroactive to the original expiration date. If the permittee
 1506  does not respond to the notice of violation within the 30-day
 1507  period, the department shall, within 30 days, issue a final
 1508  notice of sign removal and may, following 90 days after the date
 1509  of the department’s final notice of sign removal, remove the
 1510  sign without incurring any liability as a result of such
 1511  removal. However, if at any time before removal of the sign, the
 1512  permittee demonstrates that a good faith error on the part of
 1513  the permittee resulted in cancellation or nonrenewal of the
 1514  permit, the department may reinstate the permit if:
 1515         1. The permit reinstatement fee of up to $300 based on the
 1516  size of the sign is paid;
 1517         2. All other permit renewal and delinquent permit fees due
 1518  as of the reinstatement date are paid; and
 1519         3. The permittee reimburses the department for all actual
 1520  costs resulting from the permit cancellation or nonrenewal.
 1521         (c) Conflicting applications filed by other persons for the
 1522  same or competing sites covered by a permit subject to paragraph
 1523  (b) may not be approved until after the sign subject to the
 1524  expired permit has been removed.
 1525         (d) The cost for removing a sign, whether by the department
 1526  or an independent contractor, shall be assessed by the
 1527  department against the permittee.
 1528         (9)(a) A permit may shall not be granted for any sign for
 1529  which a permit had not been granted by the effective date of
 1530  this act unless such sign is located at least:
 1531         1. One thousand five hundred feet from any other permitted
 1532  sign on the same side of the highway, if on an interstate
 1533  highway.
 1534         2. One thousand feet from any other permitted sign on the
 1535  same side of the highway, if on a federal-aid primary highway.
 1536  
 1537  The minimum spacing provided in this paragraph does not preclude
 1538  the permitting of V-type, back-to-back, side-to-side, stacked,
 1539  or double-faced signs at the permitted sign site. If a sign is
 1540  visible to more than one highway subject to the jurisdiction of
 1541  the department and within the controlled area of the highways
 1542  from the controlled area of more than one highway subject to the
 1543  jurisdiction of the department, the sign must shall meet the
 1544  permitting requirements of all highways, and, if the sign meets
 1545  the applicable permitting requirements, be permitted to, the
 1546  highway having the more stringent permitting requirements.
 1547         (b) A permit may shall not be granted for a sign pursuant
 1548  to this chapter to locate such sign on any portion of the
 1549  interstate or federal-aid primary highway system, which sign:
 1550         1. Exceeds 50 feet in sign structure height above the crown
 1551  of the main-traveled way to which the sign is permitted, if
 1552  outside an incorporated area;
 1553         2. Exceeds 65 feet in sign structure height above the crown
 1554  of the main-traveled way to which the sign is permitted, if
 1555  inside an incorporated area; or
 1556         3. Exceeds 950 square feet of sign facing including all
 1557  embellishments.
 1558         (c) Notwithstanding subparagraph (a)1., there is
 1559  established a pilot program in Orange, Hillsborough, and Osceola
 1560  Counties, and within the boundaries of the City of Miami, under
 1561  which the distance between permitted signs on the same side of
 1562  an interstate highway may be reduced to 1,000 feet if all other
 1563  requirements of this chapter are met and if:
 1564         1. The local government has adopted a plan, program,
 1565  resolution, ordinance, or other policy encouraging the voluntary
 1566  removal of signs in a downtown, historic, redevelopment, infill,
 1567  or other designated area which also provides for a new or
 1568  replacement sign to be erected on an interstate highway within
 1569  that jurisdiction if a sign in the designated area is removed;
 1570         2. The sign owner and the local government mutually agree
 1571  to the terms of the removal and replacement; and
 1572         3. The local government notifies the department of its
 1573  intention to allow such removal and replacement as agreed upon
 1574  pursuant to subparagraph 2.
 1575         4. The new or replacement sign to be erected on an
 1576  interstate highway within that jurisdiction is to be located on
 1577  a parcel of land specifically designated for commercial or
 1578  industrial use under both the future land use map of the
 1579  comprehensive plan and the land use development regulations
 1580  adopted pursuant to chapter 163, and such parcel shall not be
 1581  subject to an evaluation in accordance with the criteria set
 1582  forth in s. 479.01(26) to determine if the parcel can be
 1583  considered an unzoned commercial or industrial area.
 1584  
 1585  The department shall maintain statistics tracking the use of the
 1586  provisions of this pilot program based on the notifications
 1587  received by the department from local governments under this
 1588  paragraph.
 1589         (d) This subsection does not cause a sign that was
 1590  conforming on October 1, 1984, to become nonconforming.
 1591         (10) Commercial or industrial zoning that which is not
 1592  comprehensively enacted or that which is enacted primarily to
 1593  permit signs may shall not be recognized as commercial or
 1594  industrial zoning for purposes of this provision, and permits
 1595  may shall not be issued for signs in such areas. The department
 1596  shall adopt rules that within 180 days after this act takes
 1597  effect which shall provide criteria to determine whether such
 1598  zoning is comprehensively enacted or enacted primarily to permit
 1599  signs.
 1600         Section 33. Section 479.08, Florida Statutes, is amended to
 1601  read:
 1602         479.08 Denial or revocation of permit.—The department may
 1603  deny or revoke a any permit requested or granted under this
 1604  chapter in any case in which it determines that the application
 1605  for the permit contains knowingly false or misleading
 1606  information of material consequence. The department may revoke a
 1607  any permit granted under this chapter in any case in which the
 1608  permittee has violated any of the provisions of this chapter,
 1609  unless such permittee, within 30 days after the receipt of
 1610  notice by the department, complies with the provisions of this
 1611  chapter. For the purpose of this section, the notice of
 1612  violation issued by the department must describe in detail the
 1613  alleged violation. A Any person aggrieved by any action of the
 1614  department in denying or revoking a permit under this chapter
 1615  may, within 30 days after receipt of the notice, apply to the
 1616  department for an administrative hearing pursuant to chapter
 1617  120. If a timely request for hearing has been filed and the
 1618  department issues a final order revoking a permit, such
 1619  revocation shall be effective 30 days after the date of
 1620  rendition. Except for department action pursuant to s.
 1621  479.107(1), the filing of a timely and proper notice of appeal
 1622  shall operate to stay the revocation until the department’s
 1623  action is upheld.
 1624         Section 34. Section 479.10, Florida Statutes, is amended to
 1625  read:
 1626         479.10 Sign removal following permit revocation or
 1627  cancellation.—A sign shall be removed by the permittee within 30
 1628  days after the date of revocation or cancellation of the permit
 1629  for the sign. If the permittee fails to remove the sign within
 1630  the 30-day period, the department shall remove the sign at the
 1631  permittee’s expense with or without further notice and without
 1632  incurring any liability as a result of such removal.
 1633         Section 35. Section 479.105, Florida Statutes, is amended
 1634  to read:
 1635         479.105 Signs erected or maintained without required
 1636  permit; removal.—
 1637         (1) A Any sign that which is located adjacent to the right
 1638  of-way of any highway on the State Highway System outside an
 1639  incorporated area or adjacent to the right-of-way on any portion
 1640  of the interstate or federal-aid primary highway system, which
 1641  sign was erected, operated, or maintained without the permit
 1642  required by s. 479.07(1) having been issued by the department,
 1643  is declared to be a public nuisance and a private nuisance and
 1644  shall be removed as provided in this section.
 1645         (a) Upon a determination by the department that a sign is
 1646  in violation of s. 479.07(1), the department shall prominently
 1647  post on the sign, or as close to the sign as possible for a
 1648  location in which the sign is not easily accessible, face a
 1649  notice stating that the sign is illegal and must be removed
 1650  within 30 days after the date on which the notice was posted.
 1651  However, if the sign bears the name of the licensee or the name
 1652  and address of the nonlicensed sign owner, The department shall,
 1653  concurrently with and in addition to posting the notice on the
 1654  sign, provide a written notice to the owner of the sign, the
 1655  advertiser displayed on the sign, or the owner of the property,
 1656  stating that the sign is illegal and must be permanently removed
 1657  within the 30-day period specified on the posted notice. The
 1658  written notice shall further state that the sign owner has a
 1659  right to request a hearing may be requested and that the, which
 1660  request must be filed with the department within 30 days after
 1661  receipt the date of the written notice. However, the filing of a
 1662  request for a hearing will not stay the removal of the sign.
 1663         (b) If, pursuant to the notice provided, the sign is not
 1664  removed by the sign owner of the sign, the advertiser displayed
 1665  on the sign, or the owner of the property within the prescribed
 1666  period, the department shall immediately remove the sign without
 1667  further notice; and, for that purpose, the employees, agents, or
 1668  independent contractors of the department may enter upon private
 1669  property without incurring any liability for so entering.
 1670         (c) However, the department may issue a permit for a sign,
 1671  as a conforming or nonconforming sign, if the sign owner
 1672  demonstrates to the department one of the following:
 1673         1. If the sign meets the current requirements of this
 1674  chapter for a sign permit, the sign owner may submit the
 1675  required application package and receive a permit as a
 1676  conforming sign, upon payment of all applicable fees.
 1677         2. If the sign does not meet the current requirements of
 1678  this chapter for a sign permit and has never been exempt from
 1679  the requirement that a permit be obtained, the sign owner may
 1680  receive a permit as a nonconforming sign if the department
 1681  determines that the sign is not located on state right-of-way
 1682  and is not a safety hazard and if the sign owner pays a penalty
 1683  fee of $300 and all pertinent fees required by this chapter,
 1684  including annual permit renewal fees payable since the date of
 1685  the erection of the sign, and attaches to the permit application
 1686  package documentation that demonstrates that:
 1687         a. The sign has been unpermitted, structurally unchanged,
 1688  and continuously maintained at the same location for 7 years or
 1689  more;
 1690         b. During the initial 7 years in which the sign has been
 1691  subject to the jurisdiction of the department, the sign would
 1692  have met the criteria established in this chapter which were in
 1693  effect at that time for issuance of a permit; and
 1694         c. The department has not initiated a notice of violation
 1695  or taken other action to remove the sign during the initial 7
 1696  year period in which the sign has been subject to the
 1697  jurisdiction of the department.
 1698         (d) This subsection does not cause a neighboring sign that
 1699  is permitted and that is within the spacing requirements under
 1700  s. 479.07(9)(a) to become nonconforming.
 1701         (e)(c) For purposes of this subsection, a notice to the
 1702  sign owner, when required, constitutes sufficient notice.; and
 1703  Notice is not required to be provided to the lessee, advertiser,
 1704  or the owner of the real property on which the sign is located.
 1705         (f)(d) If, after a hearing, it is determined that a sign
 1706  has been wrongfully or erroneously removed pursuant to this
 1707  subsection, the department, at the sign owner’s discretion,
 1708  shall either pay just compensation to the owner of the sign or
 1709  reerect the sign in kind at the expense of the department.
 1710         (e) However, if the sign owner demonstrates to the
 1711  department that:
 1712         1. The sign has been unpermitted, structurally unchanged,
 1713  and continuously maintained at the same location for a period of
 1714  7 years or more;
 1715         2. At any time during the period in which the sign has been
 1716  erected, the sign would have met the criteria established in
 1717  this chapter for issuance of a permit;
 1718         3. The department has not initiated a notice of violation
 1719  or taken other action to remove the sign during the initial 7
 1720  year period described in subparagraph 1.; and
 1721         4. The department determines that the sign is not located
 1722  on state right-of-way and is not a safety hazard,
 1723  
 1724  the sign may be considered a conforming or nonconforming sign
 1725  and may be issued a permit by the department upon application in
 1726  accordance with this chapter and payment of a penalty fee of
 1727  $300 and all pertinent fees required by this chapter, including
 1728  annual permit renewal fees payable since the date of the
 1729  erection of the sign.
 1730         (2)(a) If a sign is under construction and the department
 1731  determines that a permit has not been issued for the sign as
 1732  required under the provisions of this chapter, the department
 1733  may is authorized to require that all work on the sign cease
 1734  until the sign owner shows that the sign does not violate the
 1735  provisions of this chapter. The order to cease work shall be
 1736  prominently posted on the sign structure, and no further notice
 1737  is not required to be given. The failure of a sign owner or her
 1738  or his agents to immediately comply with the order subjects
 1739  shall subject the sign to prompt removal by the department.
 1740         (b) For the purposes of this subsection only, a sign is
 1741  under construction when it is in any phase of initial
 1742  construction before prior to the attachment and display of the
 1743  advertising message in final position for viewing by the
 1744  traveling public. A sign that is undergoing routine maintenance
 1745  or change of the advertising message only is not considered to
 1746  be under construction for the purposes of this subsection.
 1747         (3) The cost of removing a sign, whether by the department
 1748  or an independent contractor, shall be assessed against the
 1749  owner of the sign by the department.
 1750         Section 36. Subsections (5) and (7) of section 479.106,
 1751  Florida Statutes, are amended to read:
 1752         479.106 Vegetation management.—
 1753         (5) The department may only grant a permit pursuant to s.
 1754  479.07 for a new sign that which requires the removal, cutting,
 1755  or trimming of existing trees or vegetation on public right-of
 1756  way for the sign face to be visible from the highway the sign
 1757  will be permitted to when the sign owner has removed at least
 1758  two nonconforming signs of approximate comparable size and
 1759  surrendered the permits for the nonconforming signs to the
 1760  department for cancellation. For signs originally permitted
 1761  after July 1, 1996, the first application, or application for a
 1762  change of view zone, no permit for the removal, cutting, or
 1763  trimming of trees or vegetation along the highway the sign is
 1764  permitted to shall require the removal of two nonconforming
 1765  signs, in addition to mitigation or contribution to a plan of
 1766  mitigation. The department may not grant a permit for the
 1767  removal, cutting, or trimming of trees for a sign permitted
 1768  after July 1, 1996, if the shall be granted where such trees are
 1769  or the vegetation is are part of a beautification project
 1770  implemented before prior to the date of the original sign permit
 1771  application and if, when the beautification project is
 1772  specifically identified in the department’s construction plans,
 1773  permitted landscape projects, or agreements.
 1774         (7) Any person engaging in removal, cutting, or trimming of
 1775  trees or vegetation in violation of this section or benefiting
 1776  from such actions shall be subject to an administrative penalty
 1777  of up to $1,000 per sign facing and required to mitigate for the
 1778  unauthorized removal, cutting, or trimming in such manner and in
 1779  such amount as may be required under the rules of the
 1780  department.
 1781         Section 37. Subsection (5) of section 479.107, Florida
 1782  Statutes, is amended to read:
 1783         479.107 Signs on highway rights-of-way; removal.—
 1784         (5) The cost of removing a sign, whether by the department
 1785  or an independent contractor, shall be assessed by the
 1786  department against the owner of the sign. Furthermore, the
 1787  department shall assess a fine of $75 against the sign owner for
 1788  any sign which violates the requirements of this section.
 1789         Section 38. Section 479.111, Florida Statutes, is amended
 1790  to read:
 1791         479.111 Specified signs allowed within controlled portions
 1792  of the interstate and federal-aid primary highway system.—Only
 1793  the following signs shall be allowed within controlled portions
 1794  of the interstate highway system and the federal-aid primary
 1795  highway system as set forth in s. 479.11(1) and (2):
 1796         (1) Directional or other official signs and notices that
 1797  which conform to 23 C.F.R. ss. 750.151-750.155.
 1798         (2) Signs in commercial-zoned and industrial-zoned areas or
 1799  commercial-unzoned and industrial-unzoned areas and within 660
 1800  feet of the nearest edge of the right-of-way, subject to the
 1801  requirements set forth in the 1972 agreement between the state
 1802  and the United States Department of Transportation.
 1803         (3) Signs for which permits are not required under s.
 1804  479.16.
 1805         Section 39. Section 479.15, Florida Statutes, is amended to
 1806  read:
 1807         479.15 Harmony of regulations.—
 1808         (1) A No zoning board or commission or other public officer
 1809  or agency may not shall issue a permit to erect a any sign that
 1810  which is prohibited under the provisions of this chapter or the
 1811  rules of the department, and nor shall the department may not
 1812  issue a permit for a any sign that which is prohibited by any
 1813  other public board, officer, or agency in the lawful exercise of
 1814  its powers.
 1815         (2) A municipality, county, local zoning authority, or
 1816  other local governmental entity may not remove, or cause to be
 1817  removed, a any lawfully erected sign along any portion of the
 1818  interstate or federal-aid primary highway system without first
 1819  paying just compensation for such removal. A local governmental
 1820  entity may not cause in any way the alteration of a any lawfully
 1821  erected sign located along any portion of the interstate or
 1822  federal-aid primary highway system without payment of just
 1823  compensation if such alteration constitutes a taking under state
 1824  law. The municipality, county, local zoning authority, or other
 1825  local governmental government entity that adopts requirements
 1826  for such alteration shall pay just compensation to the sign
 1827  owner if such alteration constitutes a taking under state law.
 1828  This subsection applies only to a lawfully erected sign the
 1829  subject matter of which relates to premises other than the
 1830  premises on which it is located or to merchandise, services,
 1831  activities, or entertainment not sold, produced, manufactured,
 1832  or furnished on the premises on which the sign is located. As
 1833  used in this subsection, the term “federal-aid primary highway
 1834  system” means the federal-aid primary highway system in
 1835  existence on June 1, 1991, and any highway that was not a part
 1836  of such system as of that date but that is or becomes after June
 1837  1, 1991, a part of the National Highway System. This subsection
 1838  may shall not be interpreted as explicit or implicit legislative
 1839  recognition that alterations do or do not constitute a taking
 1840  under state law.
 1841         (3) It is the express intent of the Legislature to limit
 1842  the state right-of-way acquisition costs on state and federal
 1843  roads in eminent domain proceedings, the provisions of ss.
 1844  479.07 and 479.155 notwithstanding. Subject to approval by the
 1845  Federal Highway Administration, if whenever public acquisition
 1846  of land upon which is situated a lawful permitted nonconforming
 1847  sign occurs, as provided in this chapter, the sign may, at the
 1848  election of its owner and the department, be relocated or
 1849  reconstructed adjacent to the new right-of-way and in close
 1850  proximity to the current site if along the roadway within 100
 1851  feet of the current location, provided the nonconforming sign is
 1852  not relocated in an area inconsistent with s. 479.024. on a
 1853  parcel zoned residential, and provided further that Such
 1854  relocation is shall be subject to the applicable setback
 1855  requirements in the 1972 agreement between the state and the
 1856  United States Department of Transportation. The sign owner shall
 1857  pay all costs associated with relocating or reconstructing a any
 1858  sign under this subsection, and neither the state or nor any
 1859  local government may not shall reimburse the sign owner for such
 1860  costs, unless part of such relocation costs is are required by
 1861  federal law. If no adjacent property is not available for the
 1862  relocation, the department is shall be responsible for paying
 1863  the owner of the sign just compensation for its removal.
 1864         (4) For a nonconforming sign, Such relocation shall be
 1865  adjacent to the current site and the face of the sign may shall
 1866  not be increased in size or height or structurally modified at
 1867  the point of relocation in a manner inconsistent with the
 1868  current building codes of the jurisdiction in which the sign is
 1869  located.
 1870         (5) If In the event that relocation can be accomplished but
 1871  is inconsistent with the ordinances of the municipality or
 1872  county within whose jurisdiction the sign is located, the
 1873  ordinances of the local government shall prevail if, provided
 1874  that the local government assumes shall assume the
 1875  responsibility to provide the owner of the sign just
 1876  compensation for its removal., but in no event shall
 1877  Compensation paid by the local government may not be greater
 1878  than exceed the compensation required under state or federal
 1879  law. Further, the provisions of This section does shall not
 1880  impair any agreement or future agreements between a municipality
 1881  or county and the owner of a sign or signs within the
 1882  jurisdiction of the municipality or county. Nothing in this
 1883  section shall be deemed to cause a nonconforming sign to become
 1884  conforming solely as a result of the relocation allowed in this
 1885  section.
 1886         (6) The provisions of Subsections (3), (4), and (5) do of
 1887  this section shall not apply within the jurisdiction of a any
 1888  municipality that which is engaged in any litigation concerning
 1889  its sign ordinance on April 23, 1999, and the subsections do not
 1890  nor shall such provisions apply to a any municipality whose
 1891  boundaries are identical to the county within which the said
 1892  municipality is located.
 1893         (7) This section does not cause a neighboring sign that is
 1894  already permitted and that is within the spacing requirements
 1895  established in s. 479.07(9)(a) to become nonconforming.
 1896         Section 40. Section 479.156, Florida Statutes, is amended
 1897  to read:
 1898         479.156 Wall murals.—Notwithstanding any other provision of
 1899  this chapter, a municipality or county may permit and regulate
 1900  wall murals within areas designated by such government. If a
 1901  municipality or county permits wall murals, a wall mural that
 1902  displays a commercial message and is within 660 feet of the
 1903  nearest edge of the right-of-way within an area adjacent to the
 1904  interstate highway system or the federal-aid primary highway
 1905  system shall be located only in an area that is zoned for
 1906  industrial or commercial use pursuant to s. 479.024. and The
 1907  municipality or county shall establish and enforce regulations
 1908  for such areas which that, at a minimum, set forth criteria
 1909  governing the size, lighting, and spacing of wall murals
 1910  consistent with the intent of 23 U.S.C. s. 131 the Highway
 1911  Beautification Act of 1965 and with customary use. If Whenever a
 1912  municipality or county exercises such control and makes a
 1913  determination of customary use pursuant to 23 U.S.C. s. 131(d),
 1914  such determination shall be accepted in lieu of controls in the
 1915  agreement between the state and the United States Department of
 1916  Transportation, and the department shall notify the Federal
 1917  Highway Administration pursuant to the agreement, 23 U.S.C. s.
 1918  131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
 1919  subject to municipal or county regulation and 23 U.S.C. s. 131
 1920  the Highway Beautification Act of 1965 must be approved by the
 1921  Department of Transportation and the Federal Highway
 1922  Administration when required by federal law and federal
 1923  regulation under the agreement between the state and the United
 1924  States Department of Transportation and federal regulations
 1925  enforced by the Department of Transportation under s. 479.02(1).
 1926  The existence of a wall mural as defined in s. 479.01 must s.
 1927  479.01(30) shall not be considered in determining whether a sign
 1928  as defined in s. 479.01(20), either existing or new, is in
 1929  compliance with s. 479.07(9)(a).
 1930         Section 41. Section 479.16, Florida Statutes, is amended to
 1931  read:
 1932         479.16 Signs for which permits are not required.—The
 1933  following signs are exempt from the requirement that a permit
 1934  for a sign be obtained under the provisions of this chapter but
 1935  are required to comply with the provisions of s. 479.11(4)-(8),
 1936  and the provisions of subsections (15)-(19) may not be
 1937  implemented or continued if the Federal Government notifies the
 1938  department that implementation or continuation will adversely
 1939  affect the allocation of federal funds to the department:
 1940         (1) Signs erected on the premises of an establishment,
 1941  which signs consist primarily of the name of the establishment
 1942  or which identify the principal or accessory merchandise,
 1943  services, activities, or entertainment sold, produced,
 1944  manufactured, or furnished on the premises of the establishment
 1945  and which comply with the lighting restrictions imposed under
 1946  department rule adopted pursuant to s. 479.11(5), or signs owned
 1947  by a municipality or a county located on the premises of such
 1948  municipality or such county which display information regarding
 1949  governmental government services, activities, events, or
 1950  entertainment. For purposes of this section, the following types
 1951  of messages are shall not be considered information regarding
 1952  governmental government services, activities, events, or
 1953  entertainment:
 1954         (a) Messages that which specifically reference any
 1955  commercial enterprise.
 1956         (b) Messages that which reference a commercial sponsor of
 1957  any event.
 1958         (c) Personal messages.
 1959         (d) Political campaign messages.
 1960  
 1961  If a sign located on the premises of an establishment consists
 1962  principally of brand name or trade name advertising and the
 1963  merchandise or service is only incidental to the principal
 1964  activity, or if the owner of the establishment receives rental
 1965  income from the sign, then the sign is not exempt under this
 1966  subsection.
 1967         (2) Signs erected, used, or maintained on a farm by the
 1968  owner or lessee of such farm and relating solely to farm
 1969  produce, merchandise, service, or entertainment sold, produced,
 1970  manufactured, or furnished on such farm.
 1971         (3) Signs posted or displayed on real property by the owner
 1972  or by the authority of the owner, stating that the real property
 1973  is for sale or rent. However, if the sign contains any message
 1974  not pertaining to the sale or rental of the that real property,
 1975  then it is not exempt under this section.
 1976         (4) Official notices or advertisements posted or displayed
 1977  on private property by or under the direction of any public or
 1978  court officer in the performance of her or his official or
 1979  directed duties, or by trustees under deeds of trust or deeds of
 1980  assignment or other similar instruments.
 1981         (5) Danger or precautionary signs relating to the premises
 1982  on which they are located; forest fire warning signs erected
 1983  under the authority of the Florida Forest Service of the
 1984  Department of Agriculture and Consumer Services; and signs,
 1985  notices, or symbols erected by the United States Government
 1986  under the direction of the United States Forest Forestry
 1987  Service.
 1988         (6) Notices of any railroad, bridge, ferry, or other
 1989  transportation or transmission company necessary for the
 1990  direction or safety of the public.
 1991         (7) Signs, notices, or symbols for the information of
 1992  aviators as to location, directions, and landings and conditions
 1993  affecting safety in aviation erected or authorized by the
 1994  department.
 1995         (8) Signs or notices measuring up to 8 square feet which
 1996  are erected or maintained upon property and which state stating
 1997  only the name of the owner, lessee, or occupant of the premises
 1998  and not exceeding 8 square feet in area.
 1999         (9) Historical markers erected by duly constituted and
 2000  authorized public authorities.
 2001         (10) Official traffic control signs and markers erected,
 2002  caused to be erected, or approved by the department.
 2003         (11) Signs erected upon property warning the public against
 2004  hunting and fishing or trespassing thereon.
 2005         (12) Signs not in excess of up to 8 square feet which that
 2006  are owned by and relate to the facilities and activities of
 2007  churches, civic organizations, fraternal organizations,
 2008  charitable organizations, or units or agencies of government.
 2009         (13) Except that Signs placed on benches, transit shelters,
 2010  modular news racks, streetlight poles, public pay telephones,
 2011  and waste receptacles, within the right-of-way, as provided for
 2012  in s. 337.408 are exempt from all provisions of this chapter.
 2013         (14) Signs relating exclusively to political campaigns.
 2014         (15) Signs measuring up to not in excess of 16 square feet
 2015  placed at a road junction with the State Highway System denoting
 2016  only the distance or direction of a residence or farm operation,
 2017  or, outside an incorporated in a rural area where a hardship is
 2018  created because a small business is not visible from the road
 2019  junction with the State Highway System, one sign measuring up to
 2020  not in excess of 16 square feet, denoting only the name of the
 2021  business and the distance and direction to the business. The
 2022  small-business-sign provision of this subsection does not apply
 2023  to charter counties and may not be implemented if the Federal
 2024  Government notifies the department that implementation will
 2025  adversely affect the allocation of federal funds to the
 2026  department.
 2027         (16)Signs placed by a local tourist-oriented business
 2028  located within a rural area of critical economic concern as
 2029  defined in s. 288.0656(2) which are:
 2030         (a)Not more than 8 square feet in size or more than 4 feet
 2031  in height;
 2032         (b)Located only in rural areas on a facility that does not
 2033  meet the definition of a limited access facility, as defined in
 2034  s. 334.03;
 2035         (c)Located within 2 miles of the business location and at
 2036  least 500 feet apart;
 2037         (d)Located only in two directions leading to the business;
 2038  and
 2039         (e)Not located within the road right-of-way.
 2040  
 2041  A business placing such signs must be at least 4 miles from any
 2042  other business using this exemption and may not participate in
 2043  any other directional signage program by the department.
 2044         (17)Signs measuring up to 32 square feet denoting only the
 2045  distance or direction of a farm operation which are erected at a
 2046  road junction with the State Highway System, but only during the
 2047  harvest season of the farm operation for up to 4 months.
 2048         (18)Acknowledgment signs erected upon publicly funded
 2049  school premises which relate to a specific public school club,
 2050  team, or event and which are placed at least 1,000 feet from any
 2051  other acknowledgment sign on the same side of the roadway. The
 2052  sponsor information on an acknowledgment sign may constitute no
 2053  more than 100 square feet of the sign. As used in this
 2054  subsection, the term “acknowledgment sign” means a sign that is
 2055  intended to inform the traveling public that a public school
 2056  club, team, or event has been sponsored by a person, firm, or
 2057  other entity.
 2058         (19)Displays erected upon a sports facility, the content
 2059  of which is directly related to the facility’s activities or to
 2060  the facility’s products or services. Displays must be mounted
 2061  flush to the surface of the sports facility and must rely upon
 2062  the building facade for structural support. As used in this
 2063  subsection, the term “sports facility” means an athletic
 2064  complex, athletic arena, or athletic stadium, including
 2065  physically connected parking facilities, which is open to the
 2066  public and has a seating capacity of 15,000 or more permanently
 2067  installed seats.
 2068  
 2069  If the exemptions in subsections (15)-(19) are not implemented
 2070  or continued due to notification from the Federal Government
 2071  that the allocation of federal funds to the department will be
 2072  adversely impacted, the department shall provide notice to the
 2073  sign owner that the sign must be removed within 30 days after
 2074  receipt of the notice. If the sign is not removed within 30 days
 2075  after receipt of the notice by the sign owner, the department
 2076  may remove the sign, and the costs incurred in connection with
 2077  the sign removal shall be assessed against and collected from
 2078  the sign owner.
 2079         Section 42. Section 479.24, Florida Statutes, is amended to
 2080  read:
 2081         479.24 Compensation for removal of signs; eminent domain;
 2082  exceptions.—
 2083         (1) Just compensation shall be paid by the department upon
 2084  the department’s acquisition removal of a lawful conforming or
 2085  nonconforming sign along any portion of the interstate or
 2086  federal-aid primary highway system. This section does not apply
 2087  to a sign that which is illegal at the time of its removal. A
 2088  sign loses will lose its nonconforming status and becomes become
 2089  illegal at such time as it fails to be permitted or maintained
 2090  in accordance with all applicable laws, rules, ordinances, or
 2091  regulations other than the provision that which makes it
 2092  nonconforming. A legal nonconforming sign under state law or
 2093  rule does will not lose its nonconforming status solely because
 2094  it additionally becomes nonconforming under an ordinance or
 2095  regulation of a local governmental entity passed at a later
 2096  date. The department shall make every reasonable effort to
 2097  negotiate the purchase of the signs to avoid litigation and
 2098  congestion in the courts.
 2099         (2) The department is not required to remove any sign under
 2100  this section if the federal share of the just compensation to be
 2101  paid upon removal of the sign is not available to make such
 2102  payment, unless an appropriation by the Legislature for such
 2103  purpose is made to the department.
 2104         (3)(a) The department may is authorized to use the power of
 2105  eminent domain when necessary to carry out the provisions of
 2106  this chapter.
 2107         (b) If eminent domain procedures are instituted, just
 2108  compensation shall be made pursuant to the state’s eminent
 2109  domain procedures, chapters 73 and 74.
 2110         Section 43. Section 479.25, Florida Statutes, is amended to
 2111  read:
 2112         479.25 Erection of noise-attenuation barrier blocking view
 2113  of sign; procedures; application.—
 2114         (1) The owner of a lawfully erected sign that is governed
 2115  by and conforms to state and federal requirements for land use,
 2116  size, height, and spacing may increase the height above ground
 2117  level of such sign at its permitted location if a noise
 2118  attenuation barrier is permitted by or erected by any
 2119  governmental entity in such a way as to screen or block
 2120  visibility of the sign. Any increase in height permitted under
 2121  this section may only be the increase in height which is
 2122  required to achieve the same degree of visibility from the
 2123  right-of-way which the sign had before prior to the construction
 2124  of the noise-attenuation barrier, notwithstanding the
 2125  restrictions contained in s. 479.07(9)(b). A sign reconstructed
 2126  under this section must shall comply with the building standards
 2127  and wind load requirements provided set forth in the Florida
 2128  Building Code. If construction of a proposed noise-attenuation
 2129  barrier will screen a sign lawfully permitted under this
 2130  chapter, the department shall provide notice to the local
 2131  government or local jurisdiction within which the sign is
 2132  located before construction prior to erection of the noise
 2133  attenuation barrier. Upon a determination that an increase in
 2134  the height of a sign as permitted under this section will
 2135  violate a provision contained in an ordinance or a land
 2136  development regulation of the local government or local
 2137  jurisdiction, the local government or local jurisdiction shall,
 2138  before construction so notify the department. When notice has
 2139  been received from the local government or local jurisdiction
 2140  prior to erection of the noise-attenuation barrier, the
 2141  department shall:
 2142         (a) Provide a variance or waiver to the local ordinance or
 2143  land development regulations to Conduct a written survey of all
 2144  property owners identified as impacted by highway noise and who
 2145  may benefit from the proposed noise-attenuation barrier. The
 2146  written survey shall inform the property owners of the location,
 2147  date, and time of the public hearing described in paragraph (b)
 2148  and shall specifically advise the impacted property owners that:
 2149         1. Erection of the noise-attenuation barrier may block the
 2150  visibility of an existing outdoor advertising sign;
 2151         2. The local government or local jurisdiction may restrict
 2152  or prohibit increasing the height of the existing outdoor
 2153  advertising sign to make it visible over the barrier; and
 2154         3. If a majority of the impacted property owners vote for
 2155  construction of the noise-attenuation barrier, the local
 2156  government or local jurisdiction will be required to:
 2157         a. allow an increase in the height of the sign in violation
 2158  of a local ordinance or land development regulation;
 2159         (b)b. Allow the sign to be relocated or reconstructed at
 2160  another location if the sign owner agrees; or
 2161         (c)c. Pay the fair market value of the sign and its
 2162  associated interest in the real property.
 2163         (2)(b)The department shall hold a public hearing within
 2164  the boundaries of the affected local governments or local
 2165  jurisdictions to receive input on the proposed noise-attenuation
 2166  barrier and its conflict with the local ordinance or land
 2167  development regulation and to suggest or consider alternatives
 2168  or modifications to the proposed noise-attenuation barrier to
 2169  alleviate or minimize the conflict with the local ordinance or
 2170  land development regulation or minimize any costs that may be
 2171  associated with relocating, reconstructing, or paying for the
 2172  affected sign. The public hearing may be held concurrently with
 2173  other public hearings scheduled for the project. The department
 2174  shall provide a written notification to the local government or
 2175  local jurisdiction of the date and time of the public hearing
 2176  and shall provide general notice of the public hearing in
 2177  accordance with the notice provisions of s. 335.02(1). The
 2178  notice may shall not be placed in that portion of a newspaper in
 2179  which legal notices or classified advertisements appear. The
 2180  notice must shall specifically state that:
 2181         (a)1. Erection of the proposed noise-attenuation barrier
 2182  may block the visibility of an existing outdoor advertising
 2183  sign;
 2184         (b)2. The local government or local jurisdiction may
 2185  restrict or prohibit increasing the height of the existing
 2186  outdoor advertising sign to make it visible over the barrier;
 2187  and
 2188         (c)3.Upon If a majority of the impacted property owners
 2189  vote for construction of the noise-attenuation barrier, the
 2190  local government or local jurisdiction shall will be required
 2191  to:
 2192         1.a. Allow an increase in the height of the sign through a
 2193  waiver or variance to in violation of a local ordinance or land
 2194  development regulation;
 2195         2.b. Allow the sign to be relocated or reconstructed at
 2196  another location if the sign owner agrees; or
 2197         3.c. Pay the fair market value of the sign and its
 2198  associated interest in the real property.
 2199         (3)(2) The department may shall not permit erection of the
 2200  noise-attenuation barrier to the extent the barrier screens or
 2201  blocks visibility of the sign until after the public hearing is
 2202  held and until such time as the survey has been conducted and a
 2203  majority of the impacted property owners have indicated approval
 2204  to erect the noise-attenuation barrier. When the impacted
 2205  property owners approve of the noise-attenuation barrier
 2206  construction, the department shall notify the local governments
 2207  or local jurisdictions. The local government or local
 2208  jurisdiction shall, notwithstanding the provisions of a
 2209  conflicting ordinance or land development regulation:
 2210         (a) Issue a permit by variance or otherwise for the
 2211  reconstruction of a sign under this section;
 2212         (b) Allow the relocation of a sign, or construction of
 2213  another sign, at an alternative location that is permittable
 2214  under the provisions of this chapter, if the sign owner agrees
 2215  to relocate the sign or construct another sign; or
 2216         (c) Refuse to issue the required permits for reconstruction
 2217  of a sign under this section and pay fair market value of the
 2218  sign and its associated interest in the real property to the
 2219  owner of the sign.
 2220         (4)(3) This section does shall not apply to the provisions
 2221  of any existing written agreement executed before July 1, 2006,
 2222  between any local government and the owner of an outdoor
 2223  advertising sign.
 2224         Section 44. Subsection (1) of section 479.261, Florida
 2225  Statutes, is amended to read:
 2226         479.261 Logo sign program.—
 2227         (1) The department shall establish a logo sign program for
 2228  the rights-of-way of the limited access interstate highway
 2229  system to provide information to motorists about available gas,
 2230  food, lodging, camping, attractions, and other services, as
 2231  approved by the Federal Highway Administration, at interchanges
 2232  through the use of business logos and may include additional
 2233  interchanges under the program.
 2234         (a) As used in this chapter, the term “attraction” means an
 2235  establishment, site, facility, or landmark that is open a
 2236  minimum of 5 days a week for 52 weeks a year; that has as its
 2237  principal focus family-oriented entertainment, cultural,
 2238  educational, recreational, scientific, or historical activities;
 2239  and that is publicly recognized as a bona fide tourist
 2240  attraction.
 2241         (b) The department shall incorporate the use of RV-friendly
 2242  markers on specific information logo signs for establishments
 2243  that cater to the needs of persons driving recreational
 2244  vehicles. Establishments that qualify for participation in the
 2245  specific information logo program and that also qualify as “RV
 2246  friendly” may request the RV-friendly marker on their specific
 2247  information logo sign. An RV-friendly marker must consist of a
 2248  design approved by the Federal Highway Administration. The
 2249  department shall adopt rules in accordance with chapter 120 to
 2250  administer this paragraph. Such rules must establish minimum
 2251  requirements for parking spaces, entrances and exits, and
 2252  overhead clearance which must be met by, including rules setting
 2253  forth the minimum requirements that establishments that wish
 2254  must meet in order to qualify as RV-friendly. These requirements
 2255  shall include large parking spaces, entrances, and exits that
 2256  can easily accommodate recreational vehicles and facilities
 2257  having appropriate overhead clearances, if applicable.
 2258         Section 45. Subsection (1) of section 479.262, Florida
 2259  Statutes, is amended to read:
 2260         479.262 Tourist-oriented directional sign program.—
 2261         (1) A tourist-oriented directional sign program to provide
 2262  directions to rural tourist-oriented businesses, services, and
 2263  activities may be established at intersections on rural and
 2264  conventional state, county, or municipal roads only in rural
 2265  counties identified by criteria and population in s. 288.0656
 2266  when approved and permitted by county or local governmental
 2267  government entities within their respective jurisdictional areas
 2268  at intersections on rural and conventional state, county, or
 2269  municipal roads. A county or local government that which issues
 2270  permits for a tourist-oriented directional sign program is shall
 2271  be responsible for sign construction, maintenance, and program
 2272  operation in compliance with subsection (3) for roads on the
 2273  state highway system and may establish permit fees sufficient to
 2274  offset associated costs. A tourist-oriented directional sign may
 2275  not be used on roads in urban areas or at interchanges on
 2276  freeways or expressways.
 2277         Section 46. Section 479.313, Florida Statutes, is amended
 2278  to read:
 2279         479.313 Permit revocation and cancellation; cost of
 2280  removal.—All costs incurred by the department in connection with
 2281  the removal of a sign located within a controlled area adjacent
 2282  to the State Highway System, interstate highway system, or
 2283  federal-aid primary highway system following the revocation or
 2284  cancellation of the permit for such sign shall be assessed
 2285  against and collected from the permittee.
 2286         Section 47. Section 76 of chapter 2012-174, Laws of
 2287  Florida, is repealed.
 2288         Section 48. There is established a pilot program for the
 2289  School District of Palm Beach County to recognize its business
 2290  partners. The school district may recognize its business
 2291  partners by publicly displaying the names of the business
 2292  partners on school district property in the unincorporated areas
 2293  of the county. Recognitions of project graduation and athletic
 2294  sponsorships are examples of appropriate recognitions. The
 2295  school district shall make every effort to display the names of
 2296  its business partners in a manner that is consistent with the
 2297  county standards for uniformity in size, color, and placement of
 2298  the signs. If the provisions of this section are inconsistent
 2299  with county ordinances or regulations relating to signs in the
 2300  unincorporated areas of the county or inconsistent with chapter
 2301  125, Florida Statutes, or chapter 166, Florida Statutes, the
 2302  provisions of this section shall prevail. If the Federal Highway
 2303  Administration determines that the Department of Transportation
 2304  is not providing effective control of outdoor advertising as a
 2305  result of a business partner recognition by the school district
 2306  under this program, the department shall notify the school
 2307  district by certified mail of any nonconforming recognition, and
 2308  the school district shall remove the recognition specified in
 2309  the notice within 30 days after receiving the notification. The
 2310  pilot program expires June 30, 2015.
 2311         Section 49. (1) The Florida Transportation Commission shall
 2312  conduct a study of the potential for the state to obtain revenue
 2313  from any parking meters or other parking time-limit devices that
 2314  regulate designated parking spaces located within or along the
 2315  right-of-way limits of a state road. The commission may retain
 2316  such experts as are reasonably necessary to complete the study,
 2317  and the department shall pay the expenses of such experts. On or
 2318  before August 31, 2014, each municipality and county that
 2319  receives revenue from any parking meters or other parking time
 2320  limit devices that regulate designated parking spaces located
 2321  within or along the right-of-way limits of a state road shall
 2322  provide the commission a written inventory of the location of
 2323  each such meter or device and the total revenue collected from
 2324  such locations during the last 3 fiscal years. Each municipality
 2325  and county shall at the same time inform the commission of any
 2326  pledge or commitment by the municipality or county of such
 2327  revenues to the payment of debt service on any bonds or other
 2328  debt issued by the municipality or county. The commission shall
 2329  consider the information provided by the municipalities and
 2330  counties, together with such other matters as it deems
 2331  appropriate, and shall develop policy recommendations regarding
 2332  the manner and extent that revenues generated by regulating
 2333  parking within the right-of-way limits of a state road may be
 2334  allocated between the department and municipalities and
 2335  counties. The commission shall develop specific recommendations
 2336  concerning the allocation of revenues generated by meters or
 2337  devices regulating such parking that were installed before July
 2338  1, 2014, and the allocation of revenues that may be generated by
 2339  meters or devices installed thereafter. The commission shall
 2340  complete the study and provide a written report of its findings
 2341  and conclusions to the Governor, the President of the Senate,
 2342  the Speaker of the House of Representatives, and the chairs of
 2343  each of the appropriations committees of the Legislature by
 2344  October 31, 2014.
 2345         (2) If, by August 31, 2014, a municipality or county does
 2346  not provide the information requested by the commission, the
 2347  department is authorized to remove the parking meters or parking
 2348  time-limit devices that regulate designated parking spaces
 2349  located within or along the right-of-way limits of a state road,
 2350  and all costs incurred in connection with the removal shall be
 2351  assessed against and collected from the municipality or county.
 2352         (3) The Legislature finds that preservation of the status
 2353  quo pending the commission’s study and the Legislature’s review
 2354  of the commission’s report is appropriate and desirable. From
 2355  July 1, 2014, through July 1, 2015, no county or municipality
 2356  shall install any parking meters or other parking time-limit
 2357  devices that regulate designated parking spaces located within
 2358  or along the right-of-way limits of a state road. This
 2359  subsection does not prohibit the replacement of meters or
 2360  similar devices installed before July 1, 2014, with new devices
 2361  that regulate the same designated parking spaces.
 2362         (4) This section shall take effect upon this act becoming a
 2363  law.
 2364         Section 50. Section 2 of chapter 85-364, Laws of Florida,
 2365  as amended by section 2 of chapter 95-382, Laws of Florida, is
 2366  amended to read:
 2367         Section 2. All tolls collected shall first be used first
 2368  for the payment of annual operating and maintenance costs and
 2369  second to discharge the current bond indebtedness related to the
 2370  Pinellas Bayway. Thereafter, tolls collected shall be used to
 2371  establish a reserve construction account to be used, together
 2372  with interest earned thereon, by the department for the
 2373  construction of Blind Pass Road, State Road 699 improvements,
 2374  and for Phase II of the Pinellas Bayway improvements. A portion
 2375  of the tolls collected shall first be used specifically for the
 2376  construction of the Blind Pass Road improvements, which
 2377  improvements consist of widening to four lanes the Blind Pass
 2378  Road, State Road 699, from 75th Avenue north to the approach of
 2379  the Blind Pass Bridge, including necessary right-of-way
 2380  acquisition along said portion of Blind Pass Road, and
 2381  intersection improvements at 75th Avenue and Blind Pass Road in
 2382  Pinellas County. Said improvements shall be included in the
 2383  department’s current 5-year work program. Upon completion of the
 2384  Blind Pass Road improvements, the tolls collected shall be used,
 2385  together with interest earned thereon, by the department for
 2386  Phase II of the Pinellas Bayway improvements consists, which
 2387  improvements consist of widening to four lanes the Pinellas
 2388  Bayway from State Road 679 west to Gulf Boulevard, including
 2389  necessary approaches, bridges, and avenues of access. Upon
 2390  completion of the Phase II improvements, the department shall
 2391  continue to collect tolls on the Pinellas Bayway for purposes of
 2392  reimbursing the department for all accrued maintenance costs for
 2393  the Pinellas Bayway.
 2394  
 2395  ================= T I T L E  A M E N D M E N T ================
 2396  And the title is amended as follows:
 2397         Delete line 63
 2398  and insert:
 2399         F.S., relating to outdoor advertising; amending s.
 2400         11.45, F.S., deleting a provision authorizing the
 2401         Auditor General to conduct audits of transportation
 2402         corporations authorized under the Florida
 2403         Transportation Corporation Act; amending s. 20.23,
 2404         F.S.; requiring the Florida Transportation Commission
 2405         to monitor the Mid-Bay Bridge Authority; repealing the
 2406         Florida Statewide Passenger Rail Commission; amending
 2407         s. 110.205, F.S.; conforming cross-references;
 2408         amending s. 335.06, F.S.; authorizing the Department
 2409         of Transportation to improve and maintain roads that
 2410         provide access to property within the state park
 2411         system if they are part of a county road system or
 2412         city street system; requiring that the appropriate
 2413         county or municipality maintain such a road if the
 2414         department does not maintain it; amending s. 335.065,
 2415         F.S.; authorizing the department to enter into certain
 2416         concession agreements; providing for use of agreement
 2417         revenues; providing that the agreements are subject to
 2418         applicable federal laws; amending s. 337.11, F.S.;
 2419         removing the requirement that a contractor provide a
 2420         notarized affidavit as proof of motor vehicle
 2421         registration; amending s. 337.14, F.S.; providing an
 2422         exception to a provision that prohibits certain
 2423         contractors and affiliates from qualifying to provide
 2424         certain services to the department; amending s.
 2425         337.168, F.S.; providing that a document that reveals
 2426         the identity of a person who has requested or received
 2427         certain information before a certain time is a public
 2428         record; amending s. 337.25, F.S.; authorizing the
 2429         department to use auction services in the conveyance
 2430         of certain property or leasehold interests; revising
 2431         certain inventory requirements; revising provisions
 2432         relating to, and providing criteria for, the
 2433         disposition of certain excess property by the
 2434         department; providing criteria for the disposition of
 2435         donated property, property used for a public purpose,
 2436         or property acquired to provide replacement housing
 2437         for certain displaced persons; providing value offsets
 2438         for property that requires significant maintenance
 2439         costs or exposes the department to significant
 2440         liability; providing procedures for the sale of
 2441         property to abutting property owners; deleting
 2442         provisions to conform to changes made by the act;
 2443         providing monetary restrictions and criteria for the
 2444         conveyance of certain leasehold interests; providing
 2445         exceptions to restrictions for leases entered into for
 2446         a public purpose; providing criteria for the
 2447         preparation of estimates of value prepared by the
 2448         department; providing that the requirements of s.
 2449         73.013, F.S., relating to eminent domain, are not
 2450         modified; amending s. 337.251, F.S.; revising criteria
 2451         for leasing certain department property; increasing
 2452         the time for the department to accept proposals for
 2453         lease after a notice is published; directing the
 2454         department to establish an application fee by rule;
 2455         providing criteria for the fee; providing criteria for
 2456         a proposed lease; requiring the department to provide
 2457         an independent analysis of a proposed lease; creating
 2458         s. 339.041, F.S.; providing legislative intent;
 2459         describing the types of department property eligible
 2460         for factoring future revenues received by the
 2461         department from leases for communication facilities on
 2462         department property; authorizing the department to
 2463         enter into agreements with investors to purchase the
 2464         revenue streams from department leases of wireless
 2465         communication facilities on such property pursuant to
 2466         an invitation to negotiate; prohibiting the department
 2467         from pledging state credit; allowing the department to
 2468         make certain covenants; providing for the
 2469         appropriation and payment of moneys received from such
 2470         agreements to investors; requiring the proceeds from
 2471         such leases to be used for capital expenditures;
 2472         amending s. 339.175, F.S.; increasing the maximum
 2473         number of apportioned members that may compose the
 2474         voting membership of a metropolitan planning
 2475         organization (M.P.O.); providing that the governing
 2476         board of a multicounty M.P.O. may be made up of any
 2477         combination of county commissioners from the counties
 2478         constituting the M.P.O; providing that a voting member
 2479         of an M.P.O may represent a group of general-purpose
 2480         local governments through an entity created by the
 2481         M.P.O.; requiring each M.P.O. to review and
 2482         reapportion its membership as necessary in conjunction
 2483         with the decennial census, the agreement of the
 2484         affected units of the M.P.O., and the agreement of the
 2485         Governor; removing provisions requiring the Governor
 2486         to apportion, review, and reapportion the composition
 2487         of an M.P.O. membership; revising a provision
 2488         regarding the duties of the Metropolitan Planning
 2489         Organization Advisory Council to establish bylaws;
 2490         amending s. 339.2821, F.S.; authorizing Enterprise
 2491         Florida, Inc., to be a consultant to the Department of
 2492         Transportation for consideration of expenditures
 2493         associated with and contracts for transportation
 2494         projects; revising the requirements for economic
 2495         development transportation project contracts between
 2496         the Department of Transportation and a governmental
 2497         entity; repealing s. 339.401, F.S., relating to the
 2498         short title; repealing s. 339.421, F.S., relating to
 2499         the issuance of debt by a transportation corporation;
 2500         amending s. 373.618, F.S.; providing that a public
 2501         information system is subject to the requirements of
 2502         the Highway Beautification Act of 1965 and all federal
 2503         laws and agreements when applicable; deleting an
 2504         exemption; amending s. 479.01, F.S., relating to
 2505         outdoor advertising signs; revising and deleting
 2506         definitions; amending s. 479.02, F.S.; revising duties
 2507         of the Department of Transportation relating to signs;
 2508         deleting a requirement that the department adopt
 2509         certain rules; creating s. 479.024, F.S.; limiting the
 2510         placement of signs to commercial or industrial zones;
 2511         defining the terms “parcel” and “utilities”; requiring
 2512         a local government to use specified criteria to
 2513         determine zoning for commercial or industrial parcels;
 2514         providing that certain parcels are considered unzoned
 2515         commercial or industrial areas; authorizing a permit
 2516         for a sign in an unzoned commercial or industrial area
 2517         in certain circumstances; prohibiting specified uses
 2518         and activities from being independently recognized as
 2519         commercial or industrial; requiring the department to
 2520         notify an applicant of the department’s determination
 2521         to deny a sign permit; providing an appeal process for
 2522         an applicant whose permit is denied; requiring an
 2523         applicant whose application is denied to remove an
 2524         existing sign pertaining to the application; providing
 2525         that the applicant is responsible for all sign removal
 2526         costs in certain circumstances; requiring the
 2527         department to reduce certain transportation funding in
 2528         certain circumstances; amending s. 479.03, F.S.;
 2529         revising the conditions under which the department may
 2530         enter intervening privately owned lands to remove an
 2531         illegal sign; amending s. 479.04, F.S.; providing that
 2532         an outdoor advertising license is not required solely
 2533         to erect or construct outdoor signs or structures;
 2534         amending s. 479.05, F.S.; authorizing the department
 2535         to suspend a license for certain offenses and
 2536         specifying activities that the licensee may engage in
 2537         during the suspension; prohibiting the department from
 2538         granting a transfer of an existing permit or issuing
 2539         an additional permit during the suspension; amending
 2540         s. 479.07, F.S.; revising requirements for obtaining
 2541         sign permits; conforming and clarifying provisions;
 2542         revising permit tag placement requirements for signs;
 2543         deleting a provision that allows a permittee to
 2544         provide its own replacement tag; increasing the permit
 2545         transfer fee for any multiple transfers between two
 2546         outdoor advertisers in a single transaction; revising
 2547         the permit reinstatement fee; revising requirements
 2548         for permitting certain signs visible to more than one
 2549         highway; deleting provisions limiting a pilot program
 2550         to specified locations; deleting redundant provisions
 2551         relating to certain new or replacement signs; deleting
 2552         provisions requiring maintenance of statistics on the
 2553         pilot program; amending s. 479.08, F.S.; revising
 2554         provisions relating to the denial or revocation of a
 2555         permit because of false or misleading information in
 2556         the permit application; amending s. 479.10, F.S.;
 2557         authorizing the cancellation of a permit; amending s.
 2558         479.105, F.S.; revising notice requirements to owners
 2559         and advertisers relating to signs erected or
 2560         maintained without a permit; revising procedures for
 2561         the department to issue a permit as a conforming or
 2562         nonconforming sign to the owner of an unpermitted
 2563         sign; revising penalties; amending s. 479.106, F.S.;
 2564         revising provisions relating to the removal, cutting,
 2565         or trimming of trees or vegetation to increase sign
 2566         face visibility; providing that a specified penalty is
 2567         applied per sign facing; amending s. 479.107, F.S.;
 2568         deleting a fine for specified violations; amending s.
 2569         479.111, F.S.; clarifying a reference to a certain
 2570         agreement; amending s. 479.15, F.S.; deleting a
 2571         definition; revising provisions relating to relocation
 2572         of certain signs on property subject to public
 2573         acquisition; amending s. 479.156, F.S.; clarifying
 2574         provisions relating to the regulation of wall murals;
 2575         amending s. 479.16, F.S.; revising the exemptions of
 2576         certain signs from the permit requirement under ch.
 2577         479, F.S.; exempting from permitting certain signs
 2578         placed by tourist-oriented businesses, certain farm
 2579         signs placed during harvest seasons, certain
 2580         acknowledgment signs on publicly funded school
 2581         premises, and certain displays on specific sports
 2582         facilities; prohibiting certain permit exemptions from
 2583         being implemented or continued if the implementations
 2584         or continuations will adversely impact the allocation
 2585         of federal funds to the Department of Transportation;
 2586         directing the department to notify a sign owner that
 2587         the sign must be removed if federal funds are
 2588         adversely impacted; authorizing the department to
 2589         remove the sign and assess costs against the sign
 2590         owner under certain circumstances; amending s. 479.24,
 2591         F.S.; clarifying provisions relating to compensation
 2592         paid for the department’s acquisition of lawful signs;
 2593         amending s. 479.25, F.S.; revising provisions relating
 2594         to local government action with respect to erection of
 2595         noise-attenuation barriers that block views of
 2596         lawfully erected signs; deleting provisions to conform
 2597         to changes made by the act; amending s. 479.261, F.S.;
 2598         expanding the logo sign program to the limited access
 2599         highway system; conforming provisions related to a
 2600         logo sign program on the limited access highway
 2601         system; amending s. 479.262, F.S.; clarifying
 2602         provisions relating to the tourist-oriented
 2603         directional sign program; limiting the placement of
 2604         such signs to intersections on certain roads;
 2605         prohibiting such signs in urban areas or at
 2606         interchanges on freeways or expressways; amending s.
 2607         479.313, F.S.; requiring a permittee to pay the cost
 2608         of removing certain signs following the cancellation
 2609         of the permit for the sign; repealing s. 76 of chapter
 2610         2012-174, Laws of Florida, relating to authorizing the
 2611         department to seek Federal Highway Administration
 2612         approval of a tourist-oriented commerce sign pilot
 2613         program and directing the department to submit the
 2614         approved pilot program for legislative approval;
 2615         establishing a pilot program for the School District
 2616         of Palm Beach County to recognize its business
 2617         partners; providing for expiration of the program;
 2618         requiring the Florida Transportation Commission to
 2619         study the potential for state revenue from parking
 2620         meters and other parking time-limit devices;
 2621         authorizing to commission to retain experts; requiring
 2622         the department to pay for the experts; requiring
 2623         certain information from municipalities and counties;
 2624         requiring certain information to be considered in the
 2625         study; requiring a written report; providing for the
 2626         removal of parking meters and parking time-limit
 2627         devices under certain circumstance; providing for
 2628         municipalities and counties to pay the cost of
 2629         removal; providing for a moratorium on new parking
 2630         meters of other parking time-limit devices on the
 2631         state right-of-way; providing an exception; amending
 2632         chapter 85-364, Laws of Florida, as amended; providing
 2633         that maintenance costs are eligible for payment from
 2634         certain toll revenues as specified; removing
 2635         references to certain completed projects; providing an