Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

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CHAMBER ACTION

Senate

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House



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Senator Dockery moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 2254-2874

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and insert:

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     (a) Contract with the freight rail operator or its

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successors, from whom the department has acquired a real property

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interest in the rail corridor, to establish that each party is

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solely responsible for any liability, cost, or expense it causes,

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including, but not limited to, commuter rail passengers, rail

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corridor invitees, or trespassers in the rail corridor.

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     (b) Purchase liability insurance which amount shall not

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exceed $200 million and establish a self-insurance retention fund

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for the purpose of paying the deductible limit established in the

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insurance policies it may obtain, including coverage for the

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department, any freight rail operator as described in paragraph

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(a), commuter rail service providers, governmental entities, or

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ancillary development; however, the insureds shall pay a

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reasonable monetary contribution to the cost of such liability

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coverage for the sole benefit of the insured. Such insurance and

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self-insurance retention fund may provide coverage for all

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damages, including, but not limited to, compensatory, special,

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and exemplary, and be maintained to provide an adequate fund to

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cover claims and liabilities for loss, injury, or damage arising

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out of or connected with the ownership, operation, maintenance,

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and management of a rail corridor.

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     (c) Incur expenses for the purchase of advertisements,

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marketing, and promotional items.

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Neither the assumption by contract to protect, defend, indemnify,

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and hold harmless; the purchase of insurance; nor the

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establishment of a self-insurance retention fund shall be deemed

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to be a waiver of any defense of sovereign immunity for torts nor

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deemed to increase the limits of the department's or the

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governmental entity's liability for torts as provided in s.

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768.28. The requirements of s. 287.022(1) shall not apply to the

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purchase of any insurance hereunder. The provisions of this

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subsection shall apply and inure fully as to any other

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governmental entity providing commuter rail service and

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constructing, operating, maintaining, or managing a rail corridor

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on publicly owned right-of-way under contract by the governmental

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entity with the department or a governmental entity designated by

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the department.

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     (19)(17) Exercise such other functions, powers, and duties

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in connection with the rail system plan as are necessary to

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develop a safe, efficient, and effective statewide transportation

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system.

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     Section 37.  Section 341.3023, Florida Statutes, is created

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to read:

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     341.3023 Commuter rail programs and intercity rail

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transportation system study.--

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     (1) The department shall undertake a comprehensive review

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and study of commuter railroad programs and intercity railroad

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transportation system plans and their impacts in the state

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through 2028.

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     (2) The review and study shall encompass and include

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information concerning:

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     (a) Commuter rail programs and intercity rail

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transportation system facility and improvement needs and plans,

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including those associated with connectivity to such facilities

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and improvements, outlined or contained in, without limitation

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thereto, the current Florida Transportation Plan developed

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pursuant to s. 339.155(1); regional transportation plans

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developed pursuant to s. 339.155(5); the Strategic Intermodal

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System Plan developed pursuant to s. 339.64; the adopted work

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plan developed pursuant to s. 339.135; long-range transportation

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plans developed pursuant to s. 339.175(7); transportation

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improvement plans of relevant metropolitan planning organizations

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developed pursuant to s. 339.175(8); plans, information, and

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studies prepared for or by the authorities created in parts I,

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II, III, and V of chapter 343; relevant studies and information

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previously prepared by the department and the Transportation

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Commission; and the transportation and capital improvement

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elements of relevant approved local government comprehensive

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plans.

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     (b) A detailed review of funding in the state for commuter

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rail programs and intercity rail transportation system

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improvements, projects, facilities, equipment, rights-of-way,

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operating costs, and other costs during the previous 20 years

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from state, federal, and local government sources.

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     (c) An assessment of the impacts of commuter rail programs

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and intercity rail transportation system improvements, projects,

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and facilities that have been undertaken in the state during the

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previous 20 years and their impact on the state, regional, and

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local transportation system and Florida's economic development.

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     (d) Proposed commuter rail programs and intercity rail

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transportation system improvements, projects, and facilities

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throughout the state to be undertaken during the next 20 years,

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including, based upon the best available, existing data, a

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detailed listing of specific projects with estimates of the costs

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of each specific project; projected timelines for such

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improvements, projects, and facilities; and the estimated

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priority of each such improvement, project, and facility.

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     (e) A map of those proposed improvements, projects, and

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facilities.

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     (f) A finance plan based upon reasonable projections of

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anticipated revenues available to the department and units of

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local government, including both 10-year and 20-year cost-

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feasible components, for such improvements, projects, and

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facilities that demonstrates how or what portion of such

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improvements, projects, and facilities can be implemented.

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     (g) A feasibility study of the best alternatives for

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implementing intercity passenger railroad service between the

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Tampa Bay region and the greater Orlando area.

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     (h) A proposed prioritization process, including

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alternatives, for commuter railroad and intercity railroad

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improvements, projects, and facilities.

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     (i) Funding alternatives for commuter rail programs and

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intercity rail transportation system improvements, projects, and

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facilities including specific resources, both public and private,

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that are reasonably expected to be available to accomplish such

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improvements, projects, and facilities and any innovative

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financing techniques that might be used to fund such

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improvements, projects, and facilities.

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     (3) The report shall also include detailed information and

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findings about negative impacts caused by current, or projected

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to be caused by proposed, commuter rail programs and intercity

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rail transportation system projects or freight railroad traffic

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in urban areas of the state. For the purpose of this section,

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"negative impacts" means those caused by noise, vibration, and

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vehicular traffic congestion and delays occurring at rail and

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road intersections. "Urban areas" means those areas within or

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adjacent to a municipality generally characterized by high

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density development and building patterns, greater concentration

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of population, and a high level and concentration of public

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services and facilities. The Orlando commuter rail project means

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the Central Florida Rail Corridor, a line of railroad between

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Deland and Poinciana. The report shall include, without

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limitation:

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     (a) Options and alternatives for eliminating negative

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impacts associated with increased freight railroad traffic and

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freight railroad congestions within urban areas resulting from

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commuter rail programs or intercity rail transportation system

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improvements, projects, and facilities, including specifically

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those associated with the Orlando commuter railroad project.

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     (b) Proposed freight railroad improvements, projects, and

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facilities to be undertaken in the next 20 years, including those

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associated with the Orlando commuter railroad project, to

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eliminate such negative impacts, including, based upon the best

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available, existing data, a detailed listing of specific projects

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with estimates of the costs of each specific improvement,

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project, and facility; projected timelines for such improvements,

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projects, and facilities; the estimated priority of each such

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improvement, project, and facility; and the benefits to public

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safety, economic development, and downtown development and

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redevelopment from such improvements, projects, and facilities.

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     (c) A map of those proposed improvements, projects, and

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facilities.

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     (d) A finance plan based upon reasonable projections of

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anticipated revenues available to the department and units of

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local government, including both 10-year and 20-year cost-

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feasible components, for such improvements, projects, and

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facilities that demonstrates how or what portion of such

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improvements, projects, and facilities can be implemented, as it

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is the intent of the Legislature and the public policy of the

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state that such negative impacts of commuter rail programs, and

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intercity rail transportation system projects funded by the

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state, including those associated with the Orlando commuter

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railroad project, be eliminated not later than 8 years after

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commuter rail programs and intercity rail transportation system

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projects begin operation.

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     (4) The report containing the information required pursuant

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to subsections (1), (2), and (3) shall be delivered to the

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Governor, the President of the Senate, the Speaker of the House

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of Representatives, and the leaders of the minority parties of

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the Senate and House of Representatives on or before January 15,

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2009.

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     Section 38. Part III of chapter 343, Florida Statutes,

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consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,

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343.76, and 343.77, is repealed.

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     Section 39.  Subsection (4) of section 348.0003, Florida

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Statutes, is amended to read:

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     348.0003  Expressway authority; formation; membership.--

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     (4)(a)  An authority may employ an executive secretary, an

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executive director, its own counsel and legal staff, technical

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experts, and such engineers and employees, permanent or

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temporary, as it may require and shall determine the

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qualifications and fix the compensation of such persons, firms,

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or corporations. An authority may employ a fiscal agent or

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agents; however, the authority must solicit sealed proposals from

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at least three persons, firms, or corporations for the

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performance of any services as fiscal agents. An authority may

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delegate to one or more of its agents or employees such of its

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power as it deems necessary to carry out the purposes of the

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Florida Expressway Authority Act, subject always to the

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supervision and control of the authority. Members of an authority

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may be removed from office by the Governor for misconduct,

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malfeasance, misfeasance, or nonfeasance in office.

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     (b)  Members of an authority are entitled to receive from

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the authority their travel and other necessary expenses incurred

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in connection with the business of the authority as provided in

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s. 112.061, but they may not draw salaries or other compensation.

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     (c) Members of each expressway an authority, transportation

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authority, bridge authority, or toll authority, created pursuant

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to this chapter, chapter 343, or chapter 349, or pursuant to any

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other legislative enactment, shall be required to comply with the

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applicable financial disclosure requirements of s. 8, Art. II of

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the State Constitution. This subsection does not subject a

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statutorily created expressway authority, transportation

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authority, bridge authority, or toll authority, other than one

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created under this part, to any of the requirements of this part

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other than those contained in this subsection.

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     Section 40.  Paragraph (c) is added to subsection (1) of

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section 348.0004, Florida Statutes, to read:

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     348.0004  Purposes and powers.--

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     (1)

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     (c) Notwithstanding any other provision of law, expressway

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authorities created under parts I-X of chapter 348 may index toll

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rates on toll facilities to the annual Consumer Price Index or

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similar inflation indicators. Once a toll rate index has been

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implemented pursuant to this paragraph, the toll rate index shall

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remain in place and may not be revoked. Toll rate index for

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inflation under this subsection must be adopted and approved by

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the expressway authority board at a public meeting and may be

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made no more frequently than once a year and must be made no less

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frequently than once every 5 years as necessary to accommodate

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cash toll rate schedules. Toll rates may be increased beyond

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these limits as directed by bond documents, covenants, or

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governing body authorization or pursuant to department

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administrative rule.

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     Section 41.  Subsection (1) of section 479.01, Florida

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Statutes, is amended to read:

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     479.01  Definitions.--As used in this chapter, the term:

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     (1) "Automatic changeable facing" means a facing that which

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through a mechanical system is capable of delivering two or more

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advertising messages through an automated or remotely controlled

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process and shall not rotate so rapidly as to cause distraction

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to a motorist.

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     Section 42.  Subsections (1), (5), and (9) of section

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479.07, Florida Statutes, are amended to read:

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     479.07  Sign permits.--

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     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

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person may not erect, operate, use, or maintain, or cause to be

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erected, operated, used, or maintained, any sign on the State

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Highway System outside an urban incorporated area, as defined in

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s. 334.03(32), or on any portion of the interstate or federal-aid

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primary highway system without first obtaining a permit for the

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sign from the department and paying the annual fee as provided in

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this section. For purposes of this section, "on any portion of

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the State Highway System, interstate, or federal-aid primary

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system" shall mean a sign located within the controlled area

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which is visible from any portion of the main-traveled way of

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such system.

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     (5)(a)  For each permit issued, the department shall furnish

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to the applicant a serially numbered permanent metal permit tag.

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The permittee is responsible for maintaining a valid permit tag

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on each permitted sign facing at all times. The tag shall be

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securely attached to the sign facing or, if there is no facing,

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on the pole nearest the highway; and it shall be attached in such

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a manner as to be plainly visible from the main-traveled way.

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Effective July 1, 2011, the tag shall be securely attached to the

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upper 50 percent of the pole nearest the highway and shall be

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attached in such a manner as to be plainly visible from the main-

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traveled way. The permit will become void unless the permit tag

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is properly and permanently displayed at the permitted site

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within 30 days after the date of permit issuance. If the

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permittee fails to erect a completed sign on the permitted site

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within 270 days after the date on which the permit was issued,

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the permit will be void, and the department may not issue a new

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permit to that permittee for the same location for 270 days after

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the date on which the permit became void.

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     (b)  If a permit tag is lost, stolen, or destroyed, the

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permittee to whom the tag was issued may must apply to the

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department for a replacement tag. The department shall establish

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by rule a service fee for replacement tags in an amount that will

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recover the actual cost of providing the replacement tag. Upon

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receipt of the application accompanied by the a service fee of

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$3, the department shall issue a replacement permit tag.

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Alternatively, the permittee may provide its own replacement tag

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pursuant to department specifications which the department shall

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establish by rule at the time it establishes the service fee for

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replacement tags.

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     (9)(a)  A permit shall not be granted for any sign for which

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a permit had not been granted by the effective date of this act

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unless such sign is located at least:

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     1.  One thousand five hundred feet from any other permitted

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sign on the same side of the highway, if on an interstate

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highway.

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     2.  One thousand feet from any other permitted sign on the

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same side of the highway, if on a federal-aid primary highway.

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The minimum spacing provided in this paragraph does not preclude

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the permitting of V-type, back-to-back, side-to-side, stacked, or

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double-faced signs at the permitted sign site. If a sign is

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visible from the controlled area of more than one highway subject

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to the jurisdiction of the department, the sign shall meet the

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permitting requirements of, and, if the sign meets the applicable

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permitting requirements, be permitted to, the highway with the

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more stringent permitting requirements.

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     (b)  A permit shall not be granted for a sign pursuant to

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this chapter to locate such sign on any portion of the interstate

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or federal-aid primary highway system, which sign:

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     1.  Exceeds 50 feet in sign structure height above the crown

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of the main-traveled way, if outside an incorporated area;

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     2.  Exceeds 65 feet in sign structure height above the crown

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of the main-traveled way, if inside an incorporated area; or

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     3.  Exceeds 950 square feet of sign facing including all

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embellishments.

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     (c)  Notwithstanding subparagraph (a)1., there is

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established a pilot program in Orange, Hillsborough, and Osceola

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Counties, and within the boundaries of the City of Miami, under

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which the distance between permitted signs on the same side of an

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interstate highway may be reduced to 1,000 feet if all other

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requirements of this chapter are met and if:

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     1.  The local government has adopted a plan, program,

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resolution, ordinance, or other policy encouraging the voluntary

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removal of signs in a downtown, historic, redevelopment, infill,

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or other designated area which also provides for a new or

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replacement sign to be erected on an interstate highway within

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that jurisdiction if a sign in the designated area is removed;

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     2.  The sign owner and the local government mutually agree

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to the terms of the removal and replacement; and

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     3.  The local government notifies the department of its

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intention to allow such removal and replacement as agreed upon

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pursuant to subparagraph 2.

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The department shall maintain statistics tracking the use of the

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provisions of this pilot program based on the notifications

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received by the department from local governments under this

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paragraph.

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     Section 43.  Section 479.08, Florida Statutes, is amended to

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read:

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     479.08  Denial or revocation of permit.--The department has

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the authority to deny or revoke any permit requested or granted

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under this chapter in any case in which it determines that the

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application for the permit contains knowingly false or knowingly

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misleading information. The department has the authority to

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revoke any permit granted under this chapter in any case in which

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or that the permittee has violated any of the provisions of this

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chapter, unless such permittee, within 30 days after the receipt

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of notice by the department, corrects such false or misleading

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information and complies with the provisions of this chapter. For

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the purpose of this section, the notice of violation issued by

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the department shall describe in detail the alleged violation.

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Any person aggrieved by any action of the department in denying

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or revoking a permit under this chapter may, within 30 days after

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receipt of the notice, apply to the department for an

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administrative hearing pursuant to chapter 120. If a timely

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request for hearing has been filed and the department issues a

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final order revoking a permit, such revocation shall be effective

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30 days after the date of rendition. Except for department action

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pursuant to s. 479.107(1), the filing of a timely and proper

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notice of appeal shall operate to stay the revocation until the

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department's action is upheld.

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     Section 44.  Section 479.156, Florida Statutes, is amended

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to read:

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     479.156  Wall murals.--Notwithstanding any other provision

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of this chapter, a municipality or county may permit and regulate

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wall murals within areas designated by such government. If a

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municipality or county permits wall murals, a wall mural that

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displays a commercial message and is within 660 feet of the

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nearest edge of the right-of-way within an area adjacent to the

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interstate highway system or the federal-aid primary highway

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system shall be located in an area that is zoned for industrial

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or commercial use and the municipality or county shall establish

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and enforce regulations for such areas that, at a minimum, set

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forth criteria governing the size, lighting, and spacing of wall

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murals consistent with the intent of the Highway Beautification

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Act of 1965 and with customary use. Whenever a municipality or

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county exercises such control and makes a determination of

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customary use, pursuant to 23 U.S.C. s. 131(d), such

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determination shall be accepted in lieu of controls in the

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agreement between the state and the United States Department of

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Transportation, and the department shall certify effective local

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control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s. 750.706(c).

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A wall mural that is subject to municipal or county regulation

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and the Highway Beautification Act of 1965 must be approved by

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the Department of Transportation pursuant to and the Federal

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Highway Administration and may not violate the agreement and

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between the state and the United States Department of

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Transportation or violate federal regulations enforced by the

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Department of Transportation under s. 479.02(1). The existence of

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a wall mural as defined in s. 479.01(27) shall not be considered

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in determining whether a sign as defined in s. 479.01(17), either

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existing or new, is in compliance with s. 479.07(9)(a).

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     Section 45.  Subsections (1), (3), (4), and (5) of section

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479.261, Florida Statutes, are amended to read:

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     479.261  Logo sign program.--

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     (1)  The department shall establish a logo sign program for

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the rights-of-way of the interstate highway system to provide

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information to motorists about available gas, food, lodging, and

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camping, attractions, and other services, as approved by the

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Federal Highway Administration, at interchanges, through the use

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of business logos, and may include additional interchanges under

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the program. A logo sign for nearby attractions may be added to

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this program if allowed by federal rules.

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     (a)  An attraction as used in this chapter is defined as an

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establishment, site, facility, or landmark that which is open a

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minimum of 5 days a week for 52 weeks a year; that which charges

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an admission for entry; which has as its principal focus family-

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oriented entertainment, cultural, educational, recreational,

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scientific, or historical activities; and that which is publicly

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recognized as a bona fide tourist attraction. However, the

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permits for businesses seeking to participate in the attractions

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logo sign program shall be awarded by the department annually to

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the highest bidders, notwithstanding the limitation on fees in

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subsection (5), which are qualified for available space at each

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qualified location, but the fees therefor may not be less than

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the fees established for logo participants in other logo

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categories.

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     (b)  The department shall incorporate the use of RV-friendly

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markers on specific information logo signs for establishments

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that cater to the needs of persons driving recreational vehicles.

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Establishments that qualify for participation in the specific

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information logo program and that also qualify as "RV-friendly"

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may request the RV-friendly marker on their specific information

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logo sign. An RV-friendly marker must consist of a design

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approved by the Federal Highway Administration. The department

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shall adopt rules in accordance with chapter 120 to administer

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this paragraph, including rules setting forth the minimum

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requirements that establishments must meet in order to qualify as

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RV-friendly. These requirements shall include large parking

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spaces, entrances, and exits that can easily accommodate

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recreational vehicles and facilities having appropriate overhead

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clearances, if applicable.

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     (c) The department may implement a 3-year rotation-based

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logo program providing for the removal and addition of

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participating businesses in the program.

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     (3)  Logo signs may be installed upon the issuance of an

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annual permit by the department or its agent and payment of a an

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application and permit fee to the department or its agent.

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     (4)  The department may contract pursuant to s. 287.057 for

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the provision of services related to the logo sign program,

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including recruitment and qualification of businesses, review of

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applications, permit issuance, and fabrication, installation, and

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maintenance of logo signs. The department may reject all

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proposals and seek another request for proposals or otherwise

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perform the work. If the department contracts for the provision

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of services for the logo sign program, the contract must require,

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unless the business owner declines, that businesses that

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previously entered into agreements with the department to

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privately fund logo sign construction and installation be

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reimbursed by the contractor for the cost of the signs which has

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not been recovered through a previously agreed upon waiver of

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fees. The contract also may allow the contractor to retain a

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portion of the annual fees as compensation for its services.

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     (5)  Permit fees for businesses that participate in the

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program must be established in an amount sufficient to offset the

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total cost to the department for the program, including contract

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costs. The department shall provide the services in the most

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efficient and cost-effective manner through department staff or

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by contracting for some or all of the services. The department

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shall adopt rules that set reasonable rates based upon factors

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such as population, traffic volume, market demand, and costs for

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annual permit fees. However, annual permit fees for sign

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locations inside an urban area, as defined in s. 334.03(32), may

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not exceed $5,000 and annual permit fees for sign locations

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outside an urban area, as defined in s. 334.03(32), may not

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exceed $2,500. After recovering program costs, the proceeds from

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the logo program shall be deposited into the State Transportation

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Trust Fund and used for transportation purposes. Such annual

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permit fee shall not exceed $1,250.

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     Section 46. Business partnerships; display of names.--

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     (1) School districts are encouraged to partner with local

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businesses for the purposes of mentorship opportunities,

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development of employment options and additional funding sources,

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and other mutual benefits.

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     (2) As a pilot program through June 30, 2011, the Palm

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Beach County School District may publicly display the names and

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recognitions of their business partners on school district

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property in unincorporated areas. Examples of appropriate

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business partner recognition include "Project Graduation" and

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athletic sponsorships. The district shall make every effort to

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display business partner names in a manner that is consistent

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with the county standards for uniformity in size, color, and

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placement of the signs. Whenever the provisions of this section

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are inconsistent with the provisions of the county ordinances or

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regulations relating to signs or the provisions of chapter 125,

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chapter 166, or chapter 479, Florida Statutes, in the

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unincorporated areas, the provisions of this section shall

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prevail.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 147-197

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and insert:

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implementing commuter rail service; authorizing the

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department to enter contracts with certain entities

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relating to the rail corridor concerning responsibility

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for certain liabilities, costs, or expenses; authorizing

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the department to purchase and provide insurance in

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relation to rail corridors; authorizing marketing and

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promotional expenses; extending provisions to other

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governmental entities providing commuter rail service on

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public right-of-way; creating s. 341.3023, F.S.; requiring

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the department to review and study commuter rail programs

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and intercity rail transportation systems; requiring a

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report to the Governor and the Legislature; repealing part

489

III of ch. 343 F.S.; abolishing the Tampa Bay Commuter

490

Transit Authority; amending s. 348.0003, F.S.; providing

491

for financial disclosure for expressway, transportation,

492

bridge, and toll authorities; amending s. 348.0004, F.S.;

493

providing for certain expressway authorities to index toll

494

rate increases; amending s. 479.01, F.S.; revising

495

provisions for outdoor advertising; revising the

496

definition of the term "automatic changeable facing";

497

amending s. 479.07, F.S.; revising a prohibition against

498

signs on the State Highway System; revising requirements

499

for display of the sign permit tag; directing the

500

department to establish by rule a fee for furnishing a

501

replacement permit tag; revising the pilot project for

502

permitted signs to include Hillsborough County and areas

503

within the boundaries of the City of Miami; amending s.

504

479.08, F.S.; revising provisions for denial or revocation

505

of a sign permit; amending s. 479.156, F.S.; revising

506

provisions for a municipality or county to permit and

507

regulate wall murals; amending s. 479.261, F.S.; revising

508

requirements for the logo sign program of the interstate

509

highway system; deleting provisions providing for permits

510

to be awarded to the highest bidders; requiring the

511

department to implement a rotation-based logo program;

512

requiring the department to adopt rules that set

513

reasonable rates based on certain factors for annual

514

permit fees; requiring that such fees not exceed a certain

515

amount for sign locations inside and outside an urban

516

area; creating a business partnership pilot program;

517

authorizing the Palm Beach County School District to

518

display names of business partners on district property in

519

unincorporated areas; exempting the program from specified

520

provisions; requiring the department to

4/30/2008  1:41:00 PM     15-09221-08

CODING: Words stricken are deletions; words underlined are additions.