House Bill 4765
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
By the Committee on Transportation and Representative
Fuller
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 206.606, F.S.; revising the distribution of
4 certain fuel tax proceeds; renumbering and
5 amending s. 335.166, F.S.; transferring
6 responsibility for welcome stations to the
7 Office of Tourism, Trade, and Economic
8 Development and to the Florida Commission on
9 Tourism; requiring a study of the feasibility
10 of transferring facilities of expressway and
11 bridge authorities to the Department of
12 Transportation; renumbering and amending s.
13 334.065, F.S.; revising provisions related to
14 the funding source and the advisory board of
15 the Center for Urban Transportation Research;
16 amending s. 316.063, F.S.; changing the term
17 "accident" to "crash"; revising the penalty for
18 obstructing traffic upon damaging an unattended
19 vehicle or other property; creating s.
20 316.0815, F.S.; giving public transit buses the
21 right-of-way when reentering the traffic flow;
22 amending s. 316.091, F.S.; providing that on
23 specified highways certain commercial vehicles
24 may drive only in certain lanes; amending s.
25 316.2055, F.S.; providing a uniform reference
26 to the penalty for a pedestrian noncriminal
27 traffic offense punishable under chapter 318,
28 F.S.; amending s. 316.555, F.S.; exempting
29 certain silvicultural and agricultural vehicles
30 and equipment from weight restrictions on
31 county roads; amending s. 318.18, F.S.;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 providing that fines for construction zone
2 speed violations shall only be doubled under
3 certain circumstances; amending s. 320.01,
4 F.S.; defining the term "agricultural
5 products"; amending s. 320.04, F.S.; providing
6 a service charge for validation stickers issued
7 by printer dispenser machines; amending s.
8 320.055, F.S.; providing for staggered fleet
9 registration; repealing s. 320.065, F.S.,
10 relating to the registration of certain rental
11 trailers for hire and semitrailers used to haul
12 agricultural products; amending s. 320.0657,
13 F.S.; defining the term "fleet"; providing
14 registration fees; providing penalties for late
15 or improper registration; amending s. 320.0715,
16 F.S.; exempting certain commercial motor
17 vehicles from the International Registration
18 Plan; creating s. 321.045, F.S.; establishing
19 the mission and program objectives of the
20 Florida Highway Patrol; transferring the Bureau
21 of Mobile Home and Recreational Vehicle
22 Construction to the Department of Community
23 Affairs; providing for a reviser's bill to
24 conform Florida Statutes; repealing s.
25 322.08(7)(c), F.S., relating to a voluntary
26 contribution on driver's license applications;
27 amending s. 322.1615, F.S.; revising language
28 with respect to nighttime driving restrictions
29 for persons with learner's driver licenses;
30 amending s. 332.004, F.S.; redefining the term
31 "airport"; amending s. 332.006, F.S.; limiting
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 airport development support to certain
2 airports; amending s. 334.0445, F.S.; extending
3 the time period for the model career service
4 classification plan in the Department of
5 Transportation; amending s. 335.0415, F.S.;
6 modifying the date on which jurisdiction and
7 responsibility for public roads is determined;
8 repealing s. 335.165, F.S., relating to welcome
9 stations; amending s. 337.11, F.S.; revising
10 surety approval requirements for certain
11 supplemental agreements of the department;
12 amending s. 337.185, F.S.; revising the State
13 Arbitration Board contract claim program;
14 amending s. 337.19, F.S.; revising provisions
15 relating to suits by and against the Department
16 of Transportation and the liability of the
17 department; amending s. 337.403, F.S.;
18 authorizing the department to participate in
19 the cost of clearing and grubbing necessary to
20 perform utility improvement, relocation, or
21 removal work under certain circumstances;
22 amending s. 338.229, F.S.; authorizing the
23 department to provide restrictions on the sale,
24 transfer, lease, or other disposition or
25 operation of any portion of the turnpike system
26 which reduces the revenue available for the
27 payment of bondholders; amending s. 479.01,
28 F.S.; redefining the terms "commercial or
29 industrial zone" and "unzoned commercial or
30 industrial area"; amending s. 479.07, F.S.;
31 revising provisions relating to reinstatement
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 of expired outdoor advertising permits;
2 amending s. 479.16, F.S.; increasing the square
3 footage allowable on certain signs; amending
4 chapter 96-423, Laws of Florida; authorizing
5 the department to sell certain state property
6 and directing the proceeds of the sale to the
7 State Transportation Trust Fund; providing
8 effective dates.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 206.606, Florida Statutes, is
13 amended to read:
14 206.606 Distribution of certain proceeds.--
15 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
16 206.87(1)(e) shall be deposited in the Fuel Tax Collection
17 Trust Fund created by s. 206.875. Such moneys, exclusive of
18 the service charges imposed by s. 215.20, and exclusive of
19 refunds granted pursuant to s. 206.41, shall be distributed
20 monthly to the State Transportation Trust Fund, except that:
21 (1)(a) $7.55 million shall be transferred to the
22 Department of Environmental Protection in each fiscal year.
23 The transfers must be made in equal monthly amounts beginning
24 on July 1 of each fiscal year. $1.25 million of the amount
25 transferred shall be deposited annually in the Marine
26 Resources Conservation Trust Fund and must be used by the
27 department to fund special projects to provide recreational
28 channel marking, public launching facilities, and other
29 boating-related activities. The department shall annually
30 determine where unmet needs exist for boating-related
31 activities, and may fund such activities in counties where,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 due to the number of vessel registrations, insufficient
2 financial resources are available to meet total water resource
3 needs. The remaining proceeds of the annual transfer shall be
4 deposited in the Aquatic Plant Control Trust Fund and must be
5 used for aquatic plant management, including nonchemical
6 control of aquatic weeds, research into nonchemical controls,
7 and enforcement activities. Beginning in fiscal year
8 1993-1994, the department shall allocate at least $1 million
9 of such funds to the eradication of melaleuca.
10 (2)(b) $1.25 million shall be transferred to the State
11 Game Trust Fund in the Game and Fresh Water Fish Commission in
12 each fiscal year. The transfers must be made in equal monthly
13 amounts beginning on July 1 of each fiscal year, and must be
14 used for recreational boating activities of a type consistent
15 with projects eligible for funding under the Florida Boating
16 Improvement Program administered by the Department of
17 Environmental Protection, and freshwater fisheries management
18 and research.
19 (c) $1.5 million per year shall be transferred to the
20 Board of Regents and shall be spent solely for purposes of s.
21 334.065.
22 (2) Not less than 10 percent of the moneys deposited
23 in the State Transportation Trust Fund pursuant to this
24 section shall be allocated by the Department of Transportation
25 for public transit and rail capital projects, including
26 service development projects, as defined in s. 341.031(7) and
27 (8), unless otherwise provided in the General Appropriations
28 Act.
29 Section 2. Effective July 1, 1999, subsection (1) of
30 section 206.606, Florida Statutes, as amended by chapter
31 96-321, Laws of Florida, is amended to read:
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 206.606 Distribution of certain proceeds.--
2 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
3 206.87(1)(e) shall be deposited in the Fuel Tax Collection
4 Trust Fund. Such moneys, after deducting the service charges
5 imposed by s. 215.20, the refunds granted pursuant to s.
6 206.41, and the administrative costs incurred by the
7 department in collecting, administering, enforcing, and
8 distributing the tax, which administrative costs may not
9 exceed 2 percent of collections, shall be distributed monthly
10 to the State Transportation Trust Fund, except that:
11 (a) $7.55 million shall be transferred to the
12 Department of Environmental Protection in each fiscal year.
13 The transfers must be made in equal monthly amounts beginning
14 on July 1 of each fiscal year. $1.25 million of the amount
15 transferred shall be deposited annually in the Marine
16 Resources Conservation Trust Fund and must be used by the
17 department to fund special projects to provide recreational
18 channel marking, public launching facilities, and other
19 boating-related activities. The department shall annually
20 determine where unmet needs exist for boating-related
21 activities, and may fund such activities in counties where,
22 due to the number of vessel registrations, insufficient
23 financial resources are available to meet total water resource
24 needs. The remaining proceeds of the annual transfer shall be
25 deposited in the Aquatic Plant Control Trust Fund and must be
26 used for aquatic plant management, including nonchemical
27 control of aquatic weeds, research into nonchemical controls,
28 and enforcement activities. Beginning in fiscal year
29 1993-1994, the department shall allocate at least $1 million
30 of such funds to the eradication of melaleuca.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 (b) $1.25 million shall be transferred to the State
2 Game Trust Fund in the Game and Fresh Water Fish Commission in
3 each fiscal year. The transfers must be made in equal monthly
4 amounts beginning on July 1 of each fiscal year, and must be
5 used for recreational boating activities of a type consistent
6 with projects eligible for funding under the Florida Boating
7 Improvement Program administered by the Department of
8 Environmental Protection, and freshwater fisheries management
9 and research.
10 (c) $1.5 million per year shall be transferred to the
11 Board of Regents and shall be spent solely for purposes of s.
12 334.065.
13 Section 3. Section 335.166, Florida Statutes, is
14 renumbered as section 228.125, Florida Statutes, and amended
15 to read:
16 228.125 335.166 Welcome Centers Office.--
17 (1) The Welcome Centers Operations Office is assigned
18 to the Office of Tourism, Trade, and Economic Development
19 Department of Transportation for administrative and fiscal
20 accountability purposes, but it shall otherwise function
21 independently of the control, supervision, and direction of
22 the Department of Transportation.
23 (2) The Florida Commission on Tourism shall provide
24 direction for the administration of the Welcome Centers Office
25 and direction for the operation of the welcome centers and
26 shall provide for improvements to welcome centers. Funding for
27 the office shall be solely from the rental car surcharge
28 provided to the Tourism Promotional Trust Fund pursuant to s.
29 212.0606(2), through a nonoperating transfer to the State
30 Transportation Trust Fund or contract with the commission or
31 the commission's direct-support organization.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 (3) Funding for welcome center operations and
2 improvements shall be subject to legislative appropriations.
3 The Department of Transportation, is authorized to contract
4 for, or to supervise construction of, improvements to welcome
5 centers as provided by agreement with the Office of Tourism,
6 Trade, and Economic Development.
7 Section 4. By February 1, 2000, the Florida
8 Transportation Commission shall report to the Legislature on
9 the feasibility of implementing a transfer of transportation
10 facilities from the authorities created in chapter 348,
11 Florida Statutes, or created by local governments pursuant to
12 part I of chapter 348, Florida Statutes, to the Department of
13 Transportation. At a minimum, the commission's report shall:
14 (1) Review the role of the authorities in meeting the
15 state's transportation needs.
16 (2) Identify policy options for transferring the
17 functions, assets, and liabilities of the authorities to the
18 department or to local governmental entities as appropriate.
19 (3) Assess the financial implications of incorporating
20 the transportation facilities of these authorities into the
21 Turnpike District as part of the state's system of revenue
22 producing projects.
23 (4) Identify any other matters that the Legislature
24 should consider in implementing this transfer.
25 Section 5. Section 334.065, Florida Statutes, is
26 renumbered as section 240.80, Florida Statutes, and amended to
27 read:
28 240.80 334.065 Center for Urban Transportation
29 Research.--
30 (1) There is established at the University of South
31 Florida the Florida Center for Urban Transportation Research,
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 to be administered by the Board of Regents and the State
2 University System. The responsibilities of the center
3 include, but are not limited to, conducting and facilitating
4 research on issues related to urban transportation problems in
5 this state and serving as an information exchange and
6 depository for the most current information pertaining to
7 urban transportation and related issues.
8 (2) The center shall be a continuing resource for the
9 Legislature, the Department of Transportation, local
10 governments, the nation's metropolitan regions, and the
11 private sector in the area of urban transportation and related
12 research and shall generate support in addition to any its
13 state-funded base of support provided by s. 206.606. The
14 center shall promote intercampus transportation and related
15 research activities among Florida's universities in order to
16 enhance the ability of these universities to attract federal
17 and private sector funding for transportation and related
18 research.
19 (3) An advisory board shall be created to periodically
20 and objectively review and advise the center concerning its
21 research program. Except for projects mandated by law,
22 state-funded base projects shall not be undertaken without
23 approval of the advisory board. The membership of the board
24 shall consist of nine experts in transportation-related areas,
25 including the secretaries of the Florida Departments of
26 Transportation, Community Affairs, and Environmental
27 Protection, or their designees, and a member of the Florida
28 Transportation Commission. The nomination of the remaining
29 members of the board shall be made to the President of the
30 University of South Florida by the College of Engineering at
31 the University of South Florida, and the appointment of these
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 members must be reviewed and approved by the Florida
2 Transportation Commission and confirmed by the Board of
3 Regents.
4 (4) The center shall develop a budget pursuant to
5 chapter 216. This budget shall be submitted to the Governor
6 along with the budget of the Board of Regents.
7 Section 6. Section 316.063, Florida Statutes, is
8 amended to read:
9 316.063 Duty upon damaging unattended vehicle or other
10 property.--
11 (1) The driver of any vehicle which collides with, or
12 is involved in a crash an accident with, any vehicle or other
13 property which is unattended, resulting in any damage to such
14 other vehicle or property, shall immediately stop and shall
15 then and there either locate and notify the operator or owner
16 of the vehicle or other property of the driver's name and
17 address and the registration number of the vehicle he or she
18 is driving, or shall attach securely in a conspicuous place in
19 or on the vehicle or other property a written notice giving
20 the driver's name and address and the registration number of
21 the vehicle he or she is driving, and shall without
22 unnecessary delay notify the nearest office of a duly
23 authorized police authority. Every such stop shall be made
24 without obstructing traffic more than is necessary. If a
25 damaged vehicle is obstructing traffic, the driver shall make
26 every reasonable effort to move the vehicle or have it moved
27 so as not to obstruct the regular flow of traffic. Any person
28 who fails to comply with this subsection commits a misdemeanor
29 of the second degree, punishable as provided in s. 775.082 or
30 s. 775.083.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 (2) Every such stop shall be made without obstructing
2 traffic more than is necessary. If a damaged vehicle is
3 obstructing traffic, the driver shall make every reasonable
4 effort to move the vehicle or have it moved so as not to
5 obstruct the regular flow of traffic. A violation of this
6 subsection is a noncriminal traffic infraction, punishable as
7 a nonmoving violation as provided in chapter 318.
8 (3) The law enforcement officer at the scene of a
9 crash an accident required to be reported in accordance with
10 the provisions of subsection (1) or the law enforcement
11 officer receiving a report by a driver as required by
12 subsection (1) shall, if part or any of the property damaged
13 is a fence or other structure used to house or contain
14 livestock, promptly make a reasonable effort to notify the
15 owner, occupant, or agent of this damage.
16 Section 7. Section 316.0815, Florida Statutes, is
17 created to read:
18 316.0815 Duty to yield to public transit vehicles.--
19 (1) The driver of a vehicle shall yield the
20 right-of-way to a publicly owned transit bus traveling in the
21 same direction which has signaled and is reentering the
22 traffic flow.
23 (2) This section does not relieve the driver of a
24 public transit vehicle from the duty to drive with due regard
25 for the safety of all persons using the roadway.
26 Section 8. Subsection (5) is added to section 316.091,
27 Florida Statutes, to read:
28 316.091 Limited access facilities; interstate
29 highways; use restricted.--
30 (5) A person may drive a commercial motor vehicle
31 having a gross vehicle weight of 26,001 pounds or more or 3
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 axles or more, or a combination of vehicles weighing 26,001
2 pounds or more, upon any limited access facility with six or
3 more lanes only in the two right through lanes, except when
4 exiting the facility. However, in congested urban areas the
5 Department of Transportation may allow commercial motor
6 vehicles to operate in additional lanes when necessary for the
7 safe flow of traffic.
8 Section 9. Section 316.2055, Florida Statutes, is
9 amended to read:
10 316.2055 Motor vehicles, throwing advertising
11 materials in.--It is unlawful for any person on a public
12 street, highway, or sidewalk in the state to throw into, or
13 attempt to throw into, any motor vehicle, or offer, or attempt
14 to offer, to any occupant of any motor vehicle, whether
15 standing or moving, or to place or throw into any motor
16 vehicle any advertising or soliciting materials or to cause or
17 secure any person or persons to do any one of such unlawful
18 acts. A violation of this section is a noncriminal traffic
19 infraction, punishable as a pedestrian violation as provided
20 in chapter 318.
21 Section 10. Section 316.555, Florida Statutes, is
22 amended to read:
23 316.555 Weight, load, speed limits may be lowered;
24 condition precedent.--Anything in this chapter to the contrary
25 notwithstanding, the Department of Transportation with respect
26 to state roads, and local authorities with respect to highways
27 under their jurisdiction, may prescribe, by notice hereinafter
28 provided for, loads and weights and speed limits lower than
29 the limits prescribed in this chapter and other laws, whenever
30 in its or their judgment any road or part thereof or any
31 bridge or culvert shall, by reason of its design,
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 deterioration, rain, or other climatic or natural causes be
2 liable to be damaged or destroyed by motor vehicles, trailers,
3 or semitrailers, if the gross weight or speed limit thereof
4 shall exceed the limits prescribed in said notice. The
5 Department of Transportation or local authority may, by like
6 notice, regulate or prohibit, in whole or in part, the
7 operation of any specified class or size of motor vehicles,
8 trailers, or semitrailers on any highways or specified parts
9 thereof under its or their jurisdiction, whenever in its or
10 their judgment, such regulation or prohibition is necessary to
11 provide for the public safety and convenience on the highways,
12 or parts thereof, by reason of traffic density, intensive use
13 thereof by the traveling public, or other reasons of public
14 safety and convenience. The notice or the substance thereof
15 shall be posted at conspicuous places at terminals of all
16 intermediate crossroads and road junctions with the section of
17 highway to which the notice shall apply. After any such
18 notice has been posted, the operation of any motor vehicle or
19 combination contrary to its provisions shall constitute a
20 violation of this chapter. An exemption from any locally
21 imposed weight limit shall be granted by a local government to
22 vehicles transporting silvicultural and agricultural products
23 and to equipment used in connection with silvicultural and
24 agricultural site management when a county road offers the
25 only access into and out of the property. This exemption shall
26 not apply to any bridge or other structure which has weight
27 restrictions established for safety reasons. However, no
28 limitation shall be established by any county, municipal, or
29 other local authorities pursuant to the provisions of this
30 section that would interfere with or interrupt traffic as
31 authorized hereunder over state roads, including officially
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 established detours for such highways, including cases where
2 such traffic passes over roads, streets or thoroughfares
3 within the sole jurisdiction of the county, municipal or other
4 local authorities unless such limitations and further
5 restrictions have first been approved by the Department of
6 Transportation. With respect to county roads, except such as
7 are in use as state road detours, the respective county road
8 authorities shall have full power and authority to further
9 limit the weights of vehicles upon bridges and culverts upon
10 such public notice as they deem sufficient, and existing laws
11 applicable thereto shall not be affected by the terms of this
12 chapter.
13 Section 11. Paragraph (c) of subsection (3) of section
14 318.18, Florida Statutes, is amended to read:
15 318.18 Amount of civil penalties.--The penalties
16 required for a noncriminal disposition pursuant to s. 318.14
17 are as follows:
18 (3)
19 (b) For moving violations involving unlawful speed,
20 the fines are as follows:
21
22 For speed exceeding the limit by: Fine:
23 1-9 m.p.h.................................................$ 25
24 10-14 m.p.h...............................................$100
25 15-19 m.p.h...............................................$125
26 20-29 m.p.h...............................................$150
27 30 m.p.h. and above.......................................$250
28
29 (c) A person cited for exceeding the speed limit in a
30 legally posted school zone or a posted construction zone will
31 be assessed a fine double the amount listed in paragraph (b).
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 The fine shall only be doubled for construction zone
2 violations if construction personnel are present or operating
3 equipment on the road or immediately adjacent to the road
4 under construction.
5 Section 12. Subsection (42) is added to section
6 320.01, Florida Statutes, to read:
7 320.01 Definitions, general.--As used in the Florida
8 Statutes, except as otherwise provided, the term:
9 (42) "Agricultural products" means any food product;
10 any agricultural, horticultural, or livestock product; any raw
11 material used in plant food formulation; or any plant food
12 used to produce food and fiber.
13 Section 13. Paragraph (a) of subsection (1) of section
14 320.04, Florida Statutes, is amended to read:
15 320.04 Registration service charge.--
16 (1)(a) There shall be a service charge of $2.50 for
17 each application which is handled in connection with original
18 issuance, duplicate issuance, or transfer of any license
19 plate, mobile home sticker, or validation sticker or with
20 transfer or duplicate issuance of any registration
21 certificate. There may also be a service charge of up to $1
22 for the issuance of each license plate validation sticker and
23 mobile home sticker issued from an automated vending facility
24 or printer dispenser machine which shall be payable to and
25 retained by the department to provide for automated vending
26 facilities or printer dispenser machines used to dispense such
27 stickers by in each tax collector's or license tag agent's
28 employee office.
29 Section 14. Subsection (7) of section 320.055, Florida
30 Statutes, is amended to read:
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 320.055 Registration periods; renewal periods.--The
2 following registration periods and renewal periods are
3 established:
4 (7) For those vehicles subject to registration under
5 s. 320.0657, the department shall implement a system that
6 distributes the registration renewal process throughout the
7 year For a vehicle subject to registration under s. 320.065,
8 the registration period begins December 1 and ends November
9 30. For a vehicle subject to this registration period, the
10 renewal period is the 31-day period beginning December 1.
11 Section 15. Section 320.065, Florida Statutes, is
12 repealed.
13 Section 16. Section 320.0657, Florida Statutes, is
14 amended to read:
15 320.0657 Permanent registration; fleet license
16 plates.--
17 (1) For purposes of this section, the term "fleet"
18 means nonapportioned motor vehicles owned or leased by a
19 company and used for business purposes. Vehicle numbers
20 comprising a "fleet" shall be established by the Department of
21 Highway Safety and Motor Vehicles. Vehicles registered as
22 short-term rental vehicles are excluded from the provisions of
23 this section.
24 (2)(a) The owner or lessee of a fleet of motor
25 vehicles shall, upon application in the manner and at the time
26 prescribed and upon approval by the department and payment of
27 the license tax prescribed under s. 320.08(2), (3), (4),
28 (5)(a) and (b), (6)(a), (7), and (8), be issued permanent
29 fleet license plates. All vehicles with a fleet license plate
30 shall have the company's name or logo and unit number
31 displayed so that they are readily identifiable. The
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 provisions of s. 320.0605 do not apply to vehicles registered
2 in accordance with this section, and no annual validation
3 sticker is required.
4 (a) The owner or lessee of 250 or more nonapportioned
5 commercial motor vehicles licensed under s. 320.08(2), (3),
6 (4), (5)(a)1. and (b), and (7), who has posted a bond as
7 prescribed by department rules, may apply via magnetically
8 encoded computer tape reel or cartridge which is machine
9 readable by the installed computer system at the department
10 for permanent license plates. All vehicles with a fleet
11 license plate shall have the company's name or logo and unit
12 number displayed so that they are readily identifiable. The
13 provisions of s. 320.0605 shall not apply to vehicles
14 registered in accordance with this section, and no annual
15 validation sticker is required.
16 (b) The plates, which shall be of a distinctive color,
17 shall have the word "Fleet" appearing at the bottom and the
18 word "Florida" appearing at the top. The plates shall conform
19 in all respects to the provisions of this chapter, except as
20 specified herein.
21 (c) In addition to the license tax prescribed by s.
22 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an
23 annual fleet management fee of $2 shall be charged. A
24 one-time license plate manufacturing fee of $1.50 shall be
25 charged for plates issued for the established number of
26 vehicles in the fleet. If the size of the fleet is increased,
27 a $20-per-vehicle issuance fee will be charged to include the
28 license plate manufacturing fee. If the license plate
29 manufacturing cost increases, the department shall increase
30 the license-plate manufacturing fee to recoup its cost. Fees
31 collected shall be deposited into the Highway Safety Operating
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 Trust Fund. Payment of registration license tax and fees
2 shall be made annually and be evidenced only by the issuance
3 of a single receipt by the department. The provisions of s.
4 320.0605 do not apply to vehicles registered in accordance
5 with this section, and no annual validation sticker is
6 required.
7 (c) In addition to the license tax prescribed by s.
8 320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee
9 of $6 shall be charged for each vehicle registered hereunder.
10 Of this $6 fee, $2.50 shall be retained as a service charge by
11 the tax collector, if the registration occurs at such office,
12 or by the department, if the registration occurs at offices of
13 the department. Receipts from the $6 fee not retained by tax
14 collectors shall be deposited into the Highway Safety
15 Operating Trust Fund. Payment of registration license tax and
16 fees shall be made annually and be evidenced only by the
17 issuance of a single receipt by the department. Half-year
18 registrations shall not be available for vehicles registered
19 in accordance with the provisions of this section. The
20 provision of s. 320.06(1)(b) shall not apply to the fleet
21 renewal process.
22 (2) All recipients of permanent license plates
23 authorized by this section shall submit an annual audit as
24 prescribed by rule of the department. Such audit shall include
25 a percentage of the vehicles registered by each owner or
26 lessee, not to exceed 10 percent. The department shall
27 randomly select the vehicles to be audited and shall forward a
28 listing of said vehicles only to the office of the auditor
29 performing the audit. Every attempt shall be made to provide
30 for groupings of vehicles based in the same location; however,
31 the location shall change from year to year. The audit shall
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 be prepared by a certified public accountant licensed under
2 chapter 473, at the recipient's expense, and shall be
3 performed to standards prescribed by the department. Such
4 audits shall be delivered to the department on or before
5 February 15 of each calendar year. Any fees or taxes which the
6 audit determines are due the department shall be submitted to
7 the department along with such audit. In addition, any company
8 found to be habitually abusing the privileges afforded by
9 permanent licensure shall forfeit the bond required in
10 subsection (1), and may be required by the department to
11 relinquish all permanent license plates, and not be eligible
12 to continue to participate in the program.
13 (3) The department is authorized to adopt such rules
14 as necessary to comply with this section.
15 (4) If a recipient of fleet license plates fails to
16 properly and timely renew or initially register vehicles in
17 its fleet, the department may impose a delinquency penalty of
18 $50 or 10 percent of the delinquent taxes due, whichever is
19 greater, if the failure is for not more than 30 days, with an
20 additional 10 percent penalty for each additional 30 days, or
21 fraction thereof, during the time the failure continues, not
22 to exceed a total penalty of 100 percent in the aggregate.
23 However, the penalty may not be less than $50.
24 (5) All recipients of fleet license plates authorized
25 by this section must provide the department with an annual
26 vehicle reconciliation and must annually surrender all
27 unassigned license plates. Failure to comply may result in
28 fines of up to $1,000 for each occurrence or in suspension or
29 termination from the fleet program.
30 Section 17. Subsection (5) is added to section
31 320.0715, Florida Statutes, to read:
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 320.0715 International Registration Plan; motor
2 carrier services; permits; retention of records.--
3 (5) The provisions of this section do not apply to any
4 commercial motor vehicle domiciled in a foreign state that
5 enters this state solely for the purpose of bringing a
6 commercial vehicle in for repairs, or picking up a newly
7 purchased commercial vehicle, so long as the commercial motor
8 vehicle is operated by its owner and is not hauling a load.
9 Section 18. Section 321.045, Florida Statutes, is
10 created to read:
11 321.045 Florida Highway Patrol program
12 objectives.--The mission of the Florida Highway Patrol is to
13 ensure public safety on Florida's State Highway System and to
14 minimize violations of Florida's traffic laws. In order to
15 accomplish this mission, the program objectives of the Florida
16 Highway Patrol are to:
17 (1) Reduce the statewide incidence rate for traffic
18 crashes, injuries, and deaths.
19 (2) Reduce the number of alcohol and drug-related
20 crashes.
21 (3) Reduce the statewide response time to calls for
22 services.
23 (4) Increase compliance with traffic laws.
24 (5) Increase motorist compliance with state motor
25 vehicle and driver's license insurance laws.
26 Section 19. All statutory powers, duties, functions,
27 records, personnel, property, and unexpended balances of
28 appropriations, allocations, or other funds of the Bureau of
29 Mobile Home and Recreational Vehicle Construction of the
30 Department of Highway Safety and Motor Vehicles, and all
31 existing authority and actions of the bureau, including, but
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 not limited to, all pending and completed actions on orders
2 and rules, all enforcement matters, and delegations,
3 interagency agreements, and contracts with federal, state,
4 regional, and local governments and private entities, are
5 hereby transferred to the Department of Community Affairs. The
6 Department of Community Affairs and the Department of Highway
7 Safety and Motor Vehicles shall have the authority to enter
8 into interagency agreements with each other concerning any
9 matter affected by the transfer of the Bureau of Mobile Home
10 and Recreational Vehicle Construction to the Department of
11 Community Affairs to promote the efficient and effective
12 operation of both departments.
13 Section 20. The Division of Statutory Revision and
14 Indexing of the Joint Legislative Management Committee or its
15 successor shall prepare a reviser's bill for presentation to
16 the 1999 Regular Session of the Legislature to change the term
17 "Department of Highway Safety and Motor Vehicles" to the term
18 "Department of Community Affairs" in reference to the Bureau
19 of Mobile Home and Recreational Vehicle Construction in
20 conformance with the transfer of the bureau from the
21 Department of Highway Safety and Motor Vehicles to the
22 Department of Community Affairs as provided for in this act
23 and to make any amendments to the Florida Statutes required by
24 said transfer.
25 Section 21. Paragraph (c) of subsection (7) of section
26 322.08, Florida Statutes, is repealed.
27 Section 22. Subsection (3) of section 322.1615,
28 Florida Statutes, is amended to read:
29 322.1615 Learner's driver's license.--
30 (3) A person who holds a learner's driver's license
31 may operate a vehicle only during daytime daylight hours,
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 except that the holder of a learner's driver's license may
2 operate a vehicle during nighttime hours, but no later than 10
3 p.m., between the hours of 7 p.m. and 10 p.m. 3 months after
4 the issuance of the learner's driver's license.
5 Section 23. Subsection (1) of section 332.004, Florida
6 Statutes, is amended to read:
7 332.004 Definitions of terms used in ss.
8 332.003-332.007.--As used in ss. 332.003-332.007, the term:
9 (1) "Airport" means any area of land or water, or any
10 manmade object or facility located therein, which is used, or
11 intended for public use, for the landing and takeoff of
12 aircraft, including reusable launch vehicles and other space
13 transportation systems, and any appurtenant areas which are
14 used, or intended for public use, for airport buildings or
15 other airport facilities or rights-of-way.
16 Section 24. Subsection (9) of section 332.006, Florida
17 Statutes, is amended to read:
18 332.006 Duties and responsibilities of the Department
19 of Transportation.--The Department of Transportation shall,
20 within the resources provided pursuant to chapter 216:
21 (9) Support the development of land located within the
22 boundaries of airports for the purpose of industrial or other
23 uses compatible with airport operations with the objective of
24 assisting airports in this state to become fiscally
25 self-supporting. Such assistance may include providing state
26 moneys on a matching basis to airport sponsors for capital
27 improvements, including, but not limited to, fixed-base
28 operation facilities, parking areas, industrial park utility
29 systems, and road and rail transportation systems which are on
30 airport property. Such assistance shall be limited to airports
31 that have no scheduled commercial air service and airports
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 that are defined as small hub or nonhub airports by the
2 Federal Aviation Administration.
3 Section 25. Subsection (1) of section 334.0445,
4 Florida Statutes, is amended to read:
5 334.0445 Model career service classification and
6 compensation plan.--
7 (1) Effective July 1, 1994, the Legislature grants to
8 the Department of Transportation in consultation with the
9 Department of Management Services, the Executive Office of the
10 Governor, legislative appropriations committees, legislative
11 personnel committees, and the affected certified bargaining
12 unions, the authority on a pilot basis to develop and
13 implement a model career service classification and
14 compensation system. Such system shall be developed for use by
15 all state agencies. Authorization for this program will end
16 June 30, 2000 be for 3 fiscal years beginning July 1, 1994,
17 and ending June 30, 1997; however, the department may elect or
18 be directed by the Legislature to return to the current system
19 at anytime during this period if the model system does not
20 meet the stated goals and objectives.
21 Section 26. Subsection (1) of section 335.0415,
22 Florida Statutes, is amended to read:
23 335.0415 Public road jurisdiction and transfer
24 process.--
25 (1) The jurisdiction of public roads and the
26 responsibility for operation and maintenance within the
27 right-of-way of any road within the state, county, and
28 municipal road system shall be that which existed on June 10,
29 1995 exists on July 1, 1995.
30 Section 27. Section 335.165, Florida Statutes, is
31 repealed.
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 Section 28. Paragraph (a) of subsection (8) of section
2 337.11, Florida Statutes, is amended to read:
3 337.11 Contracting authority of department; bids;
4 emergency repairs, supplemental agreements, and change orders;
5 combined design and construction contracts; progress payments;
6 records; requirements of vehicle registration.--
7 (8)(a) The department shall permit the use of written
8 supplemental agreements and written change orders to any
9 contract entered into by the department. Any supplemental
10 agreement shall be reduced to written contract form, approved
11 by the contractor's surety, and executed by the contractor and
12 the department. Any supplemental agreement modifying any item
13 in the original contract must be approved by the head of the
14 department, or his or her designee, and executed by the
15 appropriate person designated by him or her. The contractor's
16 surety, by providing a bond on any department project, agrees
17 to any and all contract modifications, change orders, and
18 supplemental agreements, without the surety's express written
19 approval for any such modifications, change orders, or
20 supplemental agreements.
21 Section 29. Section 337.185, Florida Statutes, is
22 amended to read:
23 337.185 State Arbitration Board.--
24 (1) To facilitate the prompt settlement of claims for
25 additional compensation arising out of construction contracts
26 between the department and the various contractors with whom
27 it transacts business, the Legislature does hereby establish
28 the State Arbitration Board, referred to in this section as
29 the "board." For the purpose of this section, "claim" shall
30 mean the aggregate of all outstanding claims by a party
31 arising out of a construction contract. Every contractual
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 claim in an amount up to $250,000 $100,000 per contract or, at
2 the claimant's option, up to $500,000 $250,000 per contract
3 that cannot be resolved by negotiation between the department
4 and the contractor shall be arbitrated by the board after
5 acceptance of the project by the department. As an exception,
6 either party to the dispute may request that the claim be
7 submitted to binding private arbitration. A court of law may
8 not consider the settlement of such a claim until the process
9 established by this section has been exhausted.
10 (2) The board shall be composed of three members. One
11 member shall be appointed by the head of the department, and
12 one member shall be elected by those construction companies
13 who are under contract with the department. The third member
14 shall be chosen by agreement of the other two members.
15 Whenever the third member has a conflict of interest regarding
16 affiliation with one of the parties, the other two members
17 shall select an alternate member for that hearing. The head of
18 the department may select an alternative or substitute to
19 serve as the department member for any hearing or term. Each
20 member shall serve a 2-year term. The board shall elect a
21 chair, each term, who shall be the administrator of the board
22 and custodian of its records.
23 (3) A hearing may be requested by the department or by
24 a contractor who has a dispute with the department which,
25 under the rules of the board, may be the subject of
26 arbitration. The board shall conduct the hearing within 45
27 days of the request. The party requesting the board's
28 consideration shall give notice of the hearing to each member.
29 If the board finds that a third party is necessary to resolve
30 the dispute, the board may vote to dismiss the claim, which
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 may thereafter be pursued in accordance with the laws of the
2 State of Florida a court of law.
3 (4) All members shall be necessary to conduct a
4 meeting. Upon being called into session, the board shall
5 promptly proceed to a determination of the issue or issues in
6 dispute.
7 (5) When a valid contract is in effect defining the
8 rights, duties, and liabilities of the parties with respect to
9 any matter in dispute, the board shall have power only to
10 determine the proper interpretation and application of the
11 contract provisions which are involved. Any investigation
12 made by less than the whole membership of the board shall be
13 by authority of a written directive by the chair, and such
14 investigation shall be summarized in writing and considered by
15 the board as part of the record of its proceedings.
16 (6) The board shall hand down its order within 60 days
17 after it is called into session. If all three members of the
18 board do not agree, the order of the majority will constitute
19 the order of the board.
20 (7) The members member of the board elected by
21 construction companies and the third member of the board may
22 receive compensation for the performance of their duties
23 hereunder, from administrative fees received by the board,
24 except that no employee of the department may receive
25 compensation from the board. The compensation amount shall be
26 determined by the board, but shall not exceed $125 per hour,
27 up to a maximum of $1,000 $750 per day for each member
28 authorized to receive compensation. Nothing in this section
29 shall prevent the member elected by construction companies
30 from being an employee of an association affiliated with the
31 industry, even if the sole responsibility of that member is
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 service on the board. Travel expenses for the industry member
2 may be paid by an industry association, if necessary. The
3 board may allocate funds annually for clerical and other
4 administrative services.
5 (8) The party requesting arbitration shall pay a fee
6 to the board in accordance with a schedule established by it,
7 not to exceed $500 per claim which is $25,000 or less, not to
8 exceed $1,000 per claim which is in excess of $25,000 but not
9 exceeding $50,000, not to exceed $1,500 per claim which is in
10 excess of $50,000 but not exceeding $100,000, not to exceed
11 $2,000 per claim which is in excess of $100,000 but not
12 exceeding $200,000, and not to exceed $3,000 $2,500 per claim
13 which is in excess of $200,000 but not exceeding $300,000
14 $250,000, not to exceed $4,000 per claim which is in excess of
15 $300,000 but not exceeding $400,000, and not to exceed $5,000
16 per claim which is in excess of $400,000 but not exceeding
17 $500,000, to cover the cost of administration and compensation
18 of the board.
19 (9) The board in its order may apportion the fee set
20 out in subsection (8), and the cost of recording and preparing
21 a transcript of the hearing, among the parties in accordance
22 with the board's finding of liability.
23 Section 30. Subsection (1) of section 337.19, Florida
24 Statutes, is amended to read:
25 337.19 Suits by and against department; limitation of
26 actions; forum.--
27 (1) Suits at law and in equity may be brought and
28 maintained by and against the department on any contract
29 claim. In any such suit, the department shall be potentially
30 liable for such damages as would be available in a similar
31 suit against a private individual claim under contract for
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 work done; provided, that no suit sounding in tort shall be
2 maintained against the department.
3 Section 31. Subsection (1) of section 337.403, Florida
4 Statutes, is amended to read:
5 337.403 Relocation of utility; expenses.--
6 (1) Any utility heretofore or hereafter placed upon,
7 under, over, or along any public road or publicly owned rail
8 corridor that is found by the authority to be unreasonably
9 interfering in any way with the convenient, safe, or
10 continuous use, or the maintenance, improvement, extension, or
11 expansion, of such public road or publicly owned rail corridor
12 shall, upon 30 days' written notice to the utility or its
13 agent by the authority, be removed or relocated by such
14 utility at its own expense except as provided in paragraphs
15 (a), and (b), and (c).
16 (a) If the relocation of utility facilities, as
17 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
18 Pub. L. No. 627 of the 84th Congress, is necessitated by the
19 construction of a project on the federal-aid interstate
20 system, including extensions thereof within urban areas, and
21 the cost of such project is eligible and approved for
22 reimbursement by the Federal Government to the extent of 90
23 percent or more under the Federal Aid Highway Act, or any
24 amendment thereof, then in that event the utility owning or
25 operating such facilities shall relocate such facilities upon
26 order of the department, and the state shall pay the entire
27 expense properly attributable to such relocation after
28 deducting therefrom any increase in the value of the new
29 facility and any salvage value derived from the old facility.
30 (b) When a joint agreement between the department and
31 the utility is executed for utility improvement, relocation,
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 or removal work to be accomplished as part of a contract for
2 construction of a transportation facility, the department may
3 participate in those utility improvement, relocation, or
4 removal costs that exceed the department's official estimate
5 of the cost of such work by more than 10 percent. The amount
6 of such participation shall be limited to the difference
7 between the official estimate of all the work in the joint
8 agreement plus 10 percent and the amount awarded for this work
9 in the construction contract for such work. The department may
10 not participate in any utility improvement, relocation, or
11 removal costs that occur as a result of changes or additions
12 during the course of the contract.
13 (c) When an agreement between the department and
14 utility is executed for utility improvement, relocation, or
15 removal work to be accomplished in advance of a contract for
16 construction of a transportation facility, the department may
17 participate in the cost of clearing and grubbing necessary to
18 perform such work.
19 Section 32. Section 338.229, Florida Statutes, is
20 amended to read:
21 338.229 Pledge to bondholders not to restrict certain
22 rights of department.--The state does pledge to, and agree
23 with, the holders of the bonds issued pursuant to ss.
24 338.22-338.241 338.22-338.244 that the state will not limit or
25 restrict the rights vested in the department to construct,
26 reconstruct, maintain, and operate any turnpike project as
27 defined in ss. 338.22-338.241 338.22-338.244 or to establish
28 and collect such tolls or other charges as may be convenient
29 or necessary to produce sufficient revenues to meet the
30 expenses of maintenance and operation of the turnpike system
31 and to fulfill the terms of any agreements made with the
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 holders of bonds authorized by this act and that the state
2 will not in any way impair the rights or remedies of the
3 holders of such bonds until the bonds, together with interest
4 on the bonds, are fully paid and discharged. In implementing
5 this section, the department is specifically authorized to
6 provide for further restrictions on the sale, transfer, lease,
7 or other disposition or operation of any portion of the
8 turnpike system, which reduces the revenue available for
9 payment to bondholders.
10 Section 33. Subsections (3) and (23) of section
11 479.01, Florida Statutes, are amended to read:
12 479.01 Definitions.--As used in this chapter, the
13 term:
14 (3) "Commercial or industrial zone" means a parcel of
15 land an area within 660 feet of the nearest edge of the
16 right-of-way of the interstate or federal-aid primary system
17 designated predominately for commercial or industrial use
18 under both the future land use map of the comprehensive plan
19 and the land use development regulations adopted pursuant to
20 chapter 163. Where a parcel is located in an area designated
21 for multiple uses on the future land use map of the
22 comprehensive plan, and the land development regulations do
23 not clearly designate the parcel for a specific use, the area
24 will be considered an unzoned commercial or industrial area if
25 it meets the criteria of subsection (23) Where a local
26 governmental entity has not enacted a comprehensive plan by
27 local ordinance but has zoning regulations governing the area,
28 the zoning of an area shall determine whether the area is
29 designated predominately for commercial or industrial uses.
30 (23)(a) "Unzoned commercial or industrial area" means
31 a parcel of land designated by the an area within 660 feet of
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 the nearest edge of the right-of-way of the interstate or
2 federal-aid primary system where the land use is not covered
3 by a future land use map of the comprehensive plan for
4 multiple uses, including commercial or industrial uses, but
5 not specifically designated for commerical or industrial uses
6 under the land development regulations or zoning regulation
7 pursuant to subsection (2), in which there are located three
8 or more separate and distinct conforming industrial or
9 commercial activities such that:
10 1. At least one of the commercial or industrial
11 activities is located on the same side of the highway and
12 within 800 feet of the sign location;
13 2. The commercial or industrial activities are within
14 660 feet from the nearest edge of the right-of-way; and
15 3. The commercial or industrial activities are within
16 1,600 feet of each other.
17
18 Distances shall be measured from the nearest outer edge of the
19 primary building or, when the individual units of a building
20 complex are connected by covered walkways, from the nearest
21 outer edge of the primary building complex. uses located
22 within a 1,600-foot radius of each other and generally
23 recognized as commercial or industrial by zoning authorities
24 in this state.
25 (b) Certain activities, including, but not limited to,
26 the following, may not be so recognized as commercial or
27 industrial:
28 1.(a) Signs.
29 2. Communication towers.
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 3.(b) Agricultural, forestry, ranching, grazing,
2 farming, and related activities, including, but not limited
3 to, wayside fresh produce stands.
4 4.(c) Transient or temporary activities.
5 5.(d) Activities not visible from the main-traveled
6 way.
7 6.(e) Activities conducted more than 660 feet from the
8 nearest edge of the right-of-way.
9 7.(f) Activities conducted in a building principally
10 used as a residence.
11 8.(g) Railroad tracks and minor sidings.
12 Section 34. Paragraph (b) of subsection (8) of section
13 479.07, Florida Statutes, is amended to read:
14 479.07 Sign permits.--
15 (8)
16 (b) If a permittee has not submitted his or her fee
17 payment by the expiration date of the licenses or permits, the
18 department shall send a notice of violation to the permittee
19 within 45 days after the expiration date, requiring the
20 payment of the permit fee within 30 days after the date of the
21 notice and payment of a delinquency fee equal to 10 percent of
22 the original amount due or, in the alternative to these
23 payments, requiring the filing of a request for an
24 administrative hearing to show cause why his or her sign
25 should not be subject to immediate removal due to expiration
26 of his or her license or permit. If the permittee submits
27 payment as required by the violation notice, his or her
28 license or permit will be automatically reinstated and such
29 reinstatement will be retroactive to the original expiration
30 date. If the permittee does not respond to the notice of
31 violation within the 30-day period, the department shall,
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 within 30 days, issue a final notice of sign removal and may,
2 following 90 days after the date of the department's final
3 notice of sign removal, remove the sign without incurring any
4 liability as a result of such removal. However, if at any time
5 prior to removal of the sign within 90 days after the date of
6 the department's final notice of sign removal, the permittee
7 demonstrates that a good faith error on the part of the
8 permittee resulted in cancellation or nonrenewal of the
9 permit, the department may reinstate the permit if:
10 1. The sign has not yet been disassembled by the
11 permittee;
12 2. Conflicting applications have not been filed by
13 other persons;
14 1.3. A The permit reinstatement fee of up to $300 is
15 paid, based on the size of the sign;
16 2.4. All other permit renewal and delinquent permit
17 fees due as of the reinstatement date are paid; and
18 3.5. The permittee reimburses the department for all
19 actual costs resulting from the permit cancellation or
20 nonrenewal and sign removal.
21
22 Conflicting applications filed by other persons for the same
23 or competing site covered by a permit subject to the
24 provisions of this paragraph shall not be approved until after
25 the sign subject to the expired permit has been removed.
26 Section 35. Subsection (15) of section 479.16, Florida
27 Statutes, is amended to read:
28 479.16 Signs for which permits are not required.--The
29 following signs are exempt from the requirement that a permit
30 for a sign be obtained under the provisions of this chapter
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 but are required to comply with the provisions of s.
2 479.11(4)-(8):
3 (15) Signs not in excess of 16 square feet placed at a
4 road junction with the State Highway System denoting only the
5 distance or direction of a residence or farm operation, or, in
6 a rural area where a hardship is created because a small
7 business is not visible from the road junction with the State
8 Highway System, one sign not in excess of 16 8 square feet,
9 denoting only the name of the business and the distance and
10 direction to the business. The small-business-sign provision
11 of this subsection does not apply to charter counties and may
12 not be implemented if the Federal Government notifies the
13 department that implementation will adversely affect the
14 allocation of federal funds to the department.
15 Section 36. Subsection (1) of section 14 of chapter
16 96-423, Laws of Florida, is amended to read:
17 Section 14. (1) Notwithstanding chapter 253, Florida
18 Statutes, or chapter 270, Florida Statutes, the Department of
19 Transportation, on behalf of the Board of Trustees of the
20 Internal Improvement Trust Fund, may sell the state real
21 property located at 5200 East Colonial Drive, Orlando,
22 Florida, which is utilized by the Department of Highway Safety
23 and Motor Vehicles. Any such sale shall be at fair market
24 value. Proceeds from the sale shall be deposited in the State
25 Transportation Trust Fund. or the existing lease between the
26 Board of Trustees of the Internal Improvement Trust Fund and
27 the Department of Business and Professional Regulation for use
28 of the regional service center located at 133 South Semoran
29 Boulevard, Orlando, Florida, the department, with the
30 technical assistance and staff support of the Department of
31 Management Services, may sell the regional service center.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 Proceeds from the sale shall be deposited in the Professional
2 Regulation Trust Fund and distributed to the accounts of the
3 professions, based on each profession's pro rata share of the
4 costs of the original purchase and renovation of the real
5 estate. The Board of Trustees of the Internal Improvement
6 Trust Fund shall execute and deliver a deed of conveyance for
7 the purpose of carrying into effect a contract or agreement of
8 sale.
9 Section 37. Except as otherwise provided herein, this
10 act shall take effect upon becoming a law.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions of law relating to transportation to:
4 1. Revise a provision relating to the distribution
of certain proceeds in the Fuel Tax Collection Trust
5 Fund.
2. Transfer responsibility for welcome stations to
6 the Office of Tourism, Trade, and Economic Development.
3. Direct the Florida Transportation Commission to
7 study the feasibility of transferring facilities of
expressway and bridge authorities to the Department of
8 Transportation.
4. Revise language with respect to the Center for
9 Urban Transportation Research.
5. Provide that the penalty for obstructing traffic
10 upon damaging an unattended vehicle or other property is
a noncriminal traffic infraction.
11 6. Provide that public transit buses shall have the
right-of-way when reentering the traffic flow.
12 7. Exempt described silvicultural and agricultural
vehicles and equipment from weight restrictions on county
13 roads.
8. Provide a service charge for validation stickers
14 issued by printer dispenser machines.
9. Provide that fines for construction zone
15 violations shall only be doubled under described
circumstances.
16 10. Provide for staggered registration with respect
to described fleet registrations.
17 11. Provide penalties for late or improper
registrations.
18 12. Exempt described commercial motor vehicles from
the International Registration Plan.
19 13. Establish the mission and program objectives of
the Florida Highway Patrol.
20 14. Revise language with respect to nighttime
driving restrictions for persons with learner's driver
21 licenses.
15. Limit airport development support to described
22 airports.
16. Extend the time period for the model career
23 service classification plan in the Department of
Transportation.
24 17. Repeal a provision relating to welcome
stations.
25 18. Revise surety approval requirements for
described supplemental agreements of the Department of
26 Transportation.
19. Revise the State Arbitration Board contract
27 claim program.
20. Revise provisions relating to suits against the
28 department and the liability of the department.
21. Authorize the department to participate in the
29 cost of clearing and grubbing necessary to perform
utility improvement, relocation, or removal work under
30 described circumstances.
22. Authorize the department to provide
31 restrictions on the sale, transfer, lease, or other
disposition or operation of any portion of the turnpike
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4765
198-294A-98
1 system which reduces the revenue available for the
payment of bondholders.
2 23. Revise provisions relating to the reinstatement
of expired outdoor advertising permits.
3
4 See bill for details.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37