| 1 | Representative Evers offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. Paragraph (c) of subsection (2), paragraphs (b) |
| 7 | and (c) of subsection (4), and subsection (12) of section |
| 8 | 163.3180, Florida Statutes, are amended, and paragraph (i) is |
| 9 | added to subsection (16) of that section, to read: |
| 10 | 163.3180 Concurrency.-- |
| 11 | (2) |
| 12 | (c) Consistent with the public welfare, and except as |
| 13 | otherwise provided in this section, transportation facilities |
| 14 | needed to serve new development shall be in place or under |
| 15 | actual construction within 3 years after the local government |
| 16 | approves a building permit or its functional equivalent that |
| 17 | results in traffic generation. In evaluating whether such |
| 18 | transportation facilities will be in place or under actual |
| 19 | construction, the following shall be considered a committed |
| 20 | facility: |
| 21 | 1. A project that is included in the first 3 years of a |
| 22 | local government's adopted capital improvements plan; |
| 23 | 2. A project that is included in the first 3 years of the |
| 24 | Department of Transportation's adopted work program; or |
| 25 | 3. A high-performance transit system that serves multiple |
| 26 | municipalities, connects to an existing rail system, and is |
| 27 | included in a county's or the Department of Transportation's |
| 28 | long-range transportation plan. |
| 29 | (4) |
| 30 | (b) The concurrency requirement as implemented in local |
| 31 | comprehensive plans does not apply to public transit facilities. |
| 32 | For the purposes of this paragraph, public transit facilities |
| 33 | include transit stations and terminals; transit station parking; |
| 34 | park-and-ride lots; intermodal public transit connection or |
| 35 | transfer facilities; fixed bus, guideway, and rail stations; and |
| 36 | airport passenger terminals and concourses, air cargo |
| 37 | facilities, and hangars for the assembly, manufacture, |
| 38 | maintenance, or storage of aircraft. As used in this paragraph, |
| 39 | the terms "terminals" and "transit facilities" do not include |
| 40 | seaports or commercial or residential development constructed in |
| 41 | conjunction with a public transit facility. |
| 42 | (c) The concurrency requirement, except as it relates to |
| 43 | transportation facilities and public schools, as implemented in |
| 44 | local government comprehensive plans, may be waived by a local |
| 45 | government for urban infill and redevelopment areas designated |
| 46 | pursuant to s. 163.2517 if such a waiver does not endanger |
| 47 | public health or safety as defined by the local government in |
| 48 | its local government comprehensive plan. The waiver shall be |
| 49 | adopted as a plan amendment pursuant to the process set forth in |
| 50 | s. 163.3187(3)(a). A local government may grant a concurrency |
| 51 | exception pursuant to subsection (5) for transportation |
| 52 | facilities located within these urban infill and redevelopment |
| 53 | areas. Affordable housing developments that serve residents who |
| 54 | have incomes at or below 60 percent of the area median income |
| 55 | and are proposed to be located on arterial roadways that have |
| 56 | public transit available are exempt from transportation |
| 57 | concurrency requirements. |
| 58 | (12)(a) A development of regional impact satisfies may |
| 59 | satisfy the transportation concurrency requirements of the local |
| 60 | comprehensive plan, the local government's concurrency |
| 61 | management system, and s. 380.06 by paying payment of a |
| 62 | proportionate-share contribution for local and regionally |
| 63 | significant traffic impacts, if: |
| 64 | 1.(a) The development of regional impact which, based on |
| 65 | its location or mix of land uses, is designed to encourage |
| 66 | pedestrian or other nonautomotive modes of transportation; |
| 67 | 2.(b) The proportionate-share contribution for local and |
| 68 | regionally significant traffic impacts is sufficient to pay for |
| 69 | one or more required mobility improvements that will benefit the |
| 70 | network of a regionally significant transportation facilities |
| 71 | facility; |
| 72 | 3.(c) The owner and developer of the development of |
| 73 | regional impact pays or assures payment of the proportionate- |
| 74 | share contribution to the local government having jurisdiction |
| 75 | over the development of regional impact; and |
| 76 | 4.(d) If the regionally significant transportation |
| 77 | facility to be constructed or improved is under the maintenance |
| 78 | authority of a governmental entity, as defined by s. |
| 79 | 334.03(10)(12), other than the local government with |
| 80 | jurisdiction over the development of regional impact, the local |
| 81 | government having jurisdiction over the development of regional |
| 82 | impact must developer is required to enter into a binding and |
| 83 | legally enforceable commitment to transfer funds to the |
| 84 | governmental entity having maintenance authority or to otherwise |
| 85 | assure construction or improvement of a the facility reasonably |
| 86 | related to the mobility demands created by the development. |
| 87 | (b) As used in this subsection, the term "backlog" means a |
| 88 | facility or facilities on which the adopted level-of-service |
| 89 | standard is exceeded by the existing trips, plus additional |
| 90 | projected background trips from any source other than the |
| 91 | development project under review that are forecast by |
| 92 | established traffic standards, including traffic modeling, |
| 93 | consistent with the University of Florida Bureau of Economic and |
| 94 | Business Research medium population projections. Additional |
| 95 | projected background trips are to be coincident with the |
| 96 | particular stage or phase of development under review. |
| 97 | (c) The proportionate-share contribution may be applied to |
| 98 | any transportation facility to satisfy the provisions of this |
| 99 | subsection and the local comprehensive plan, but, for the |
| 100 | purposes of this subsection, the amount of the proportionate- |
| 101 | share contribution shall be calculated based upon the cumulative |
| 102 | number of trips from the proposed development expected to reach |
| 103 | roadways during the peak hour from the complete buildout of a |
| 104 | stage or phase being approved, divided by the change in the peak |
| 105 | hour maximum service volume of roadways resulting from |
| 106 | construction of an improvement necessary to maintain the adopted |
| 107 | level of service, multiplied by the construction cost, at the |
| 108 | time of developer payment, of the improvement necessary to |
| 109 | maintain the adopted level of service. For purposes of this |
| 110 | subsection, "construction cost" includes all associated costs of |
| 111 | the improvement. The cost of any improvements made to a |
| 112 | regionally significant transportation facility that is |
| 113 | constructed by the owner or developer of the development of |
| 114 | regional impact, including the costs associated with |
| 115 | accommodating a transit facility within the development of |
| 116 | regional impact which is in a county's or the Department of |
| 117 | Transportation's long-range transportation plan, shall be |
| 118 | credited against a development of regional impact's |
| 119 | proportionate-share contribution. Proportionate-share mitigation |
| 120 | shall be limited to ensure that a development of regional impact |
| 121 | meeting the requirements of this subsection mitigates its impact |
| 122 | on the transportation system but is not responsible for the |
| 123 | additional cost of reducing or eliminating backlogs. This |
| 124 | subsection also applies to Florida Quality Developments pursuant |
| 125 | to s. 380.061 and to detailed specific area plans implementing |
| 126 | optional sector plans pursuant to s. 163.3245. |
| 127 | (16) It is the intent of the Legislature to provide a |
| 128 | method by which the impacts of development on transportation |
| 129 | facilities can be mitigated by the cooperative efforts of the |
| 130 | public and private sectors. The methodology used to calculate |
| 131 | proportionate fair-share mitigation under this section shall be |
| 132 | as provided for in subsection (12). |
| 133 | (i) As used in this subsection, the term "backlog" means a |
| 134 | facility or facilities on which the adopted level-of-service |
| 135 | standard is exceeded by the existing trips, plus additional |
| 136 | projected background trips from any source other than the |
| 137 | development project under review that are forecast by |
| 138 | established traffic standards, including traffic modeling, |
| 139 | consistent with the University of Florida Bureau of Economic and |
| 140 | Business Research medium population projections. Additional |
| 141 | projected background trips are to be coincident with the |
| 142 | particular stage or phase of development under review. |
| 143 | Section 2. Paragraphs (a) and (i) of subsection (1) of |
| 144 | section 212.05, Florida Statutes, are amended to read: |
| 145 | 212.05 Sales, storage, use tax.--It is hereby declared to |
| 146 | be the legislative intent that every person is exercising a |
| 147 | taxable privilege who engages in the business of selling |
| 148 | tangible personal property at retail in this state, including |
| 149 | the business of making mail order sales, or who rents or |
| 150 | furnishes any of the things or services taxable under this |
| 151 | chapter, or who stores for use or consumption in this state any |
| 152 | item or article of tangible personal property as defined herein |
| 153 | and who leases or rents such property within the state. |
| 154 | (1) For the exercise of such privilege, a tax is levied on |
| 155 | each taxable transaction or incident, which tax is due and |
| 156 | payable as follows: |
| 157 | (a)1.a. At the rate of 6 percent of the sales price of |
| 158 | each item or article of tangible personal property when sold at |
| 159 | retail in this state, computed on each taxable sale for the |
| 160 | purpose of remitting the amount of tax due the state, and |
| 161 | including each and every retail sale. |
| 162 | b. Each occasional or isolated sale of an aircraft, boat, |
| 163 | mobile home, or motor vehicle of a class or type which is |
| 164 | required to be registered, licensed, titled, or documented in |
| 165 | this state or by the United States Government shall be subject |
| 166 | to tax at the rate provided in this paragraph. The department |
| 167 | shall by rule adopt any nationally recognized publication for |
| 168 | valuation of used motor vehicles as the reference price list for |
| 169 | any used motor vehicle which is required to be licensed pursuant |
| 170 | to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any |
| 171 | party to an occasional or isolated sale of such a vehicle |
| 172 | reports to the tax collector a sales price which is less than 80 |
| 173 | percent of the average loan price for the specified model and |
| 174 | year of such vehicle as listed in the most recent reference |
| 175 | price list, the tax levied under this paragraph shall be |
| 176 | computed by the department on such average loan price unless the |
| 177 | parties to the sale have provided to the tax collector an |
| 178 | affidavit signed by each party, or other substantial proof, |
| 179 | stating the actual sales price. Any party to such sale who |
| 180 | reports a sales price less than the actual sales price is guilty |
| 181 | of a misdemeanor of the first degree, punishable as provided in |
| 182 | s. 775.082 or s. 775.083. The department shall collect or |
| 183 | attempt to collect from such party any delinquent sales taxes. |
| 184 | In addition, such party shall pay any tax due and any penalty |
| 185 | and interest assessed plus a penalty equal to twice the amount |
| 186 | of the additional tax owed. Notwithstanding any other provision |
| 187 | of law, the Department of Revenue may waive or compromise any |
| 188 | penalty imposed pursuant to this subparagraph. |
| 189 | 2. This paragraph does not apply to the sale of a boat or |
| 190 | aircraft by or through a registered dealer under this chapter to |
| 191 | a purchaser who, at the time of taking delivery, is a |
| 192 | nonresident of this state, does not make his or her permanent |
| 193 | place of abode in this state, and is not engaged in carrying on |
| 194 | in this state any employment, trade, business, or profession in |
| 195 | which the boat or aircraft will be used in this state, or is a |
| 196 | corporation none of the officers or directors of which is a |
| 197 | resident of, or makes his or her permanent place of abode in, |
| 198 | this state, or is a noncorporate entity that has no individual |
| 199 | vested with authority to participate in the management, |
| 200 | direction, or control of the entity's affairs who is a resident |
| 201 | of, or makes his or her permanent abode in, this state. For |
| 202 | purposes of this exemption, either a registered dealer acting on |
| 203 | his or her own behalf as seller, a registered dealer acting as |
| 204 | broker on behalf of a seller, or a registered dealer acting as |
| 205 | broker on behalf of the purchaser may be deemed to be the |
| 206 | selling dealer. This exemption shall not be allowed unless: |
| 207 | a. The purchaser removes a qualifying boat, as described |
| 208 | in sub-subparagraph f., from the state within 90 days after the |
| 209 | date of purchase or extension or the purchaser removes a |
| 210 | nonqualifying boat or an aircraft from this state within 10 days |
| 211 | after the date of purchase or, when the boat or aircraft is |
| 212 | repaired or altered, within 20 days after completion of the |
| 213 | repairs or alterations; |
| 214 | b. The purchaser, within 30 days from the date of |
| 215 | departure, shall provide the department with written proof that |
| 216 | the purchaser licensed, registered, titled, or documented the |
| 217 | boat or aircraft outside the state. If such written proof is |
| 218 | unavailable, within 30 days the purchaser shall provide proof |
| 219 | that the purchaser applied for such license, title, |
| 220 | registration, or documentation. The purchaser shall forward to |
| 221 | the department proof of title, license, registration, or |
| 222 | documentation upon receipt. |
| 223 | c. The purchaser, within 10 days of removing the boat or |
| 224 | aircraft from Florida, shall furnish the department with proof |
| 225 | of removal in the form of receipts for fuel, dockage, slippage, |
| 226 | tie-down, or hangaring from outside of Florida. The information |
| 227 | so provided must clearly and specifically identify the boat or |
| 228 | aircraft; |
| 229 | d. The selling dealer, within 5 days of the date of sale, |
| 230 | shall provide to the department a copy of the sales invoice, |
| 231 | closing statement, bills of sale, and the original affidavit |
| 232 | signed by the purchaser attesting that he or she has read the |
| 233 | provisions of this section; |
| 234 | e. The seller makes a copy of the affidavit a part of his |
| 235 | or her record for as long as required by s. 213.35; and |
| 236 | f. Unless the nonresident purchaser of a boat of 5 net |
| 237 | tons of admeasurement or larger intends to remove the boat from |
| 238 | this state within 10 days after the date of purchase or when the |
| 239 | boat is repaired or altered, within 20 days after completion of |
| 240 | the repairs or alterations, the nonresident purchaser shall |
| 241 | apply to the selling dealer for a decal which authorizes 90 days |
| 242 | after the date of purchase for removal of the boat. The |
| 243 | nonresident purchaser of a qualifying boat may apply to the |
| 244 | selling dealer within 60 days after the date of purchase for an |
| 245 | extension decal that authorizes the boat to remain in this state |
| 246 | for an additional 90 days, but not more than a total of 180 |
| 247 | days, before the nonresident purchaser is required to pay the |
| 248 | tax imposed by this chapter. The department is authorized to |
| 249 | issue decals in advance to dealers. The number of decals issued |
| 250 | in advance to a dealer shall be consistent with the volume of |
| 251 | the dealer's past sales of boats which qualify under this sub- |
| 252 | subparagraph. The selling dealer or his or her agent shall mark |
| 253 | and affix the decals to qualifying boats in the manner |
| 254 | prescribed by the department, prior to delivery of the boat. |
| 255 | (I) The department is hereby authorized to charge dealers |
| 256 | a fee sufficient to recover the costs of decals issued, except |
| 257 | the extension decal shall cost $350. |
| 258 | (II) The proceeds from the sale of decals will be |
| 259 | deposited into the administrative trust fund. |
| 260 | (III) Decals shall display information to identify the |
| 261 | boat as a qualifying boat under this sub-subparagraph, |
| 262 | including, but not limited to, the decal's date of expiration. |
| 263 | (IV) The department is authorized to require dealers who |
| 264 | purchase decals to file reports with the department and may |
| 265 | prescribe all necessary records by rule. All such records are |
| 266 | subject to inspection by the department. |
| 267 | (V) Any dealer or his or her agent who issues a decal |
| 268 | falsely, fails to affix a decal, mismarks the expiration date of |
| 269 | a decal, or fails to properly account for decals will be |
| 270 | considered prima facie to have committed a fraudulent act to |
| 271 | evade the tax and will be liable for payment of the tax plus a |
| 272 | mandatory penalty of 200 percent of the tax, and shall be liable |
| 273 | for fine and punishment as provided by law for a conviction of a |
| 274 | misdemeanor of the first degree, as provided in s. 775.082 or s. |
| 275 | 775.083. |
| 276 | (VI) Any nonresident purchaser of a boat who removes a |
| 277 | decal prior to permanently removing the boat from the state, or |
| 278 | defaces, changes, modifies, or alters a decal in a manner |
| 279 | affecting its expiration date prior to its expiration, or who |
| 280 | causes or allows the same to be done by another, will be |
| 281 | considered prima facie to have committed a fraudulent act to |
| 282 | evade the tax and will be liable for payment of the tax plus a |
| 283 | mandatory penalty of 200 percent of the tax, and shall be liable |
| 284 | for fine and punishment as provided by law for a conviction of a |
| 285 | misdemeanor of the first degree, as provided in s. 775.082 or s. |
| 286 | 775.083. |
| 287 | (VII) The department is authorized to adopt rules |
| 288 | necessary to administer and enforce this subparagraph and to |
| 289 | publish the necessary forms and instructions. |
| 290 | (VIII) The department is hereby authorized to adopt |
| 291 | emergency rules pursuant to s. 120.54(4) to administer and |
| 292 | enforce the provisions of this subparagraph. |
| 293 |
|
| 294 | If the purchaser fails to remove the qualifying boat from this |
| 295 | state within the maximum 180 90 days after purchase or a |
| 296 | nonqualifying boat or an aircraft from this state within 10 days |
| 297 | after purchase or, when the boat or aircraft is repaired or |
| 298 | altered, within 20 days after completion of such repairs or |
| 299 | alterations, or permits the boat or aircraft to return to this |
| 300 | state within 6 months from the date of departure, or if the |
| 301 | purchaser fails to furnish the department with any of the |
| 302 | documentation required by this subparagraph within the |
| 303 | prescribed time period, the purchaser shall be liable for use |
| 304 | tax on the cost price of the boat or aircraft and, in addition |
| 305 | thereto, payment of a penalty to the Department of Revenue equal |
| 306 | to the tax payable. This penalty shall be in lieu of the penalty |
| 307 | imposed by s. 212.12(2) and is mandatory and shall not be waived |
| 308 | by the department. The maximum 180-day 90-day period following |
| 309 | the sale of a qualifying boat tax-exempt to a nonresident may |
| 310 | not be tolled for any reason. Notwithstanding other provisions |
| 311 | of this paragraph to the contrary, an aircraft purchased in this |
| 312 | state under the provisions of this paragraph may be returned to |
| 313 | this state for repairs within 6 months after the date of its |
| 314 | departure without being in violation of the law and without |
| 315 | incurring liability for the payment of tax or penalty on the |
| 316 | purchase price of the aircraft if the aircraft is removed from |
| 317 | this state within 20 days after the completion of the repairs |
| 318 | and if such removal can be demonstrated by invoices for fuel, |
| 319 | tie-down, hangar charges issued by out-of-state vendors or |
| 320 | suppliers, or similar documentation. |
| 321 | (i)1. At the rate of 6 percent on charges for all: |
| 322 | a. Detective, burglar protection, and other protection |
| 323 | services (NAICS National SIC Industry Numbers 561611, 561612, |
| 324 | 561613, 7381 and 561621 7382). Any law enforcement officer, as |
| 325 | defined in s. 943.10, who is performing approved duties as |
| 326 | determined by his or her local law enforcement agency in his or |
| 327 | her capacity as a law enforcement officer, and who is subject to |
| 328 | the direct and immediate command of his or her law enforcement |
| 329 | agency, and in the law enforcement officer's uniform as |
| 330 | authorized by his or her law enforcement agency, is performing |
| 331 | law enforcement and public safety services and is not performing |
| 332 | detective, burglar protection, or other protective services, if |
| 333 | the law enforcement officer is performing his or her approved |
| 334 | duties in a geographical area in which the law enforcement |
| 335 | officer has arrest jurisdiction. Such law enforcement and public |
| 336 | safety services are not subject to tax irrespective of whether |
| 337 | the duty is characterized as "extra duty," "off-duty," or |
| 338 | "secondary employment," and irrespective of whether the officer |
| 339 | is paid directly or through the officer's agency by an outside |
| 340 | source. The term "law enforcement officer" includes full-time or |
| 341 | part-time law enforcement officers, and any auxiliary law |
| 342 | enforcement officer, when such auxiliary law enforcement officer |
| 343 | is working under the direct supervision of a full-time or part- |
| 344 | time law enforcement officer. |
| 345 | b. Nonresidential cleaning and nonresidential pest control |
| 346 | services (NAICS National Numbers 561710 and 561720 SIC Industry |
| 347 | Group Number 734). |
| 348 | 2. As used in this paragraph, "NAICS SIC" means those |
| 349 | classifications contained in the North American Industry |
| 350 | Standard Industrial Classification System Manual, 1987, as |
| 351 | published in 2007 by the Office of Management and Budget, |
| 352 | Executive Office of the President. |
| 353 | 3. Charges for detective, burglar protection, and other |
| 354 | protection security services performed in this state but used |
| 355 | outside this state are exempt from taxation. Charges for |
| 356 | detective, burglar protection, and other protection security |
| 357 | services performed outside this state and used in this state are |
| 358 | subject to tax. |
| 359 | 4. If a transaction involves both the sale or use of a |
| 360 | service taxable under this paragraph and the sale or use of a |
| 361 | service or any other item not taxable under this chapter, the |
| 362 | consideration paid must be separately identified and stated with |
| 363 | respect to the taxable and exempt portions of the transaction or |
| 364 | the entire transaction shall be presumed taxable. The burden |
| 365 | shall be on the seller of the service or the purchaser of the |
| 366 | service, whichever applicable, to overcome this presumption by |
| 367 | providing documentary evidence as to which portion of the |
| 368 | transaction is exempt from tax. The department is authorized to |
| 369 | adjust the amount of consideration identified as the taxable and |
| 370 | exempt portions of the transaction; however, a determination |
| 371 | that the taxable and exempt portions are inaccurately stated and |
| 372 | that the adjustment is applicable must be supported by |
| 373 | substantial competent evidence. |
| 374 | 5. Each seller of services subject to sales tax pursuant |
| 375 | to this paragraph shall maintain a monthly log showing each |
| 376 | transaction for which sales tax was not collected because the |
| 377 | services meet the requirements of subparagraph 3. for out-of- |
| 378 | state use. The log must identify the purchaser's name, location |
| 379 | and mailing address, and federal employer identification number, |
| 380 | if a business, or the social security number, if an individual, |
| 381 | the service sold, the price of the service, the date of sale, |
| 382 | the reason for the exemption, and the sales invoice number. The |
| 383 | monthly log shall be maintained pursuant to the same |
| 384 | requirements and subject to the same penalties imposed for the |
| 385 | keeping of similar records pursuant to this chapter. |
| 386 | Section 3. Subsection (1) of section 212.055, Florida |
| 387 | Statutes, is amended to read: |
| 388 | 212.055 Discretionary sales surtaxes; legislative intent; |
| 389 | authorization and use of proceeds.--It is the legislative intent |
| 390 | that any authorization for imposition of a discretionary sales |
| 391 | surtax shall be published in the Florida Statutes as a |
| 392 | subsection of this section, irrespective of the duration of the |
| 393 | levy. Each enactment shall specify the types of counties |
| 394 | authorized to levy; the rate or rates which may be imposed; the |
| 395 | maximum length of time the surtax may be imposed, if any; the |
| 396 | procedure which must be followed to secure voter approval, if |
| 397 | required; the purpose for which the proceeds may be expended; |
| 398 | and such other requirements as the Legislature may provide. |
| 399 | Taxable transactions and administrative procedures shall be as |
| 400 | provided in s. 212.054. |
| 401 | (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.-- |
| 402 | (a) Each charter county that has which adopted a charter |
| 403 | prior to January 1, 1984, and each county the government of |
| 404 | which is consolidated with that of one or more municipalities, |
| 405 | may levy a discretionary sales surtax, subject to approval by a |
| 406 | majority vote of the electorate of the county or by a charter |
| 407 | amendment approved by a majority vote of the electorate of the |
| 408 | county. |
| 409 | (b) The rate shall be up to 1 percent. |
| 410 | (c) The proposal to adopt a discretionary sales surtax as |
| 411 | provided in this subsection and to create a trust fund within |
| 412 | the county accounts shall be placed on the ballot in accordance |
| 413 | with law at a time to be set at the discretion of the governing |
| 414 | body. |
| 415 | (d) Proceeds from the surtax shall be applied to as many |
| 416 | or as few of the uses enumerated below in whatever combination |
| 417 | the county commission deems appropriate: |
| 418 | 1. Deposited by the county in the trust fund and shall be |
| 419 | used for the purposes of development, construction, equipment, |
| 420 | maintenance, operation, supportive services, including a |
| 421 | countywide bus system, and related costs of a fixed guideway |
| 422 | rapid transit system; |
| 423 | 2. Remitted by the governing body of the county to an |
| 424 | expressway, transit, or transportation authority created by law |
| 425 | to be used, at the discretion of such authority, for the |
| 426 | development, construction, operation, or maintenance of roads or |
| 427 | bridges in the county, for the operation and maintenance of a |
| 428 | bus system, for the payment of principal and interest on |
| 429 | existing bonds issued for the construction of such roads or |
| 430 | bridges, and, upon approval by the county commission, such |
| 431 | proceeds may be pledged for bonds issued to refinance existing |
| 432 | bonds or new bonds issued for the construction of such roads or |
| 433 | bridges; |
| 434 | 3. Used by the charter county for the development, |
| 435 | construction, operation, and maintenance of roads and bridges in |
| 436 | the county; for the expansion, operation, and maintenance of bus |
| 437 | and fixed guideway systems; and for the payment of principal and |
| 438 | interest on bonds issued for the construction of fixed guideway |
| 439 | rapid transit systems, bus systems, roads, or bridges; and such |
| 440 | proceeds may be pledged by the governing body of the county for |
| 441 | bonds issued to refinance existing bonds or new bonds issued for |
| 442 | the construction of such fixed guideway rapid transit systems, |
| 443 | bus systems, roads, or bridges and no more than 25 percent used |
| 444 | for nontransit uses; and |
| 445 | 4. Used by the charter county for the planning, |
| 446 | development, construction, operation, and maintenance of roads |
| 447 | and bridges in the county; for the planning, development, |
| 448 | expansion, operation, and maintenance of bus and fixed guideway |
| 449 | systems; and for the payment of principal and interest on bonds |
| 450 | issued for the construction of fixed guideway rapid transit |
| 451 | systems, bus systems, roads, or bridges; and such proceeds may |
| 452 | be pledged by the governing body of the county for bonds issued |
| 453 | to refinance existing bonds or new bonds issued for the |
| 454 | construction of such fixed guideway rapid transit systems, bus |
| 455 | systems, roads, or bridges. Pursuant to an interlocal agreement |
| 456 | entered into pursuant to chapter 163, the governing body of the |
| 457 | charter county may distribute proceeds from the tax to a |
| 458 | municipality, or an expressway or transportation authority |
| 459 | created by law to be expended for the purpose authorized by this |
| 460 | paragraph. |
| 461 | Section 4. Paragraph (b) of subsection (2) and subsection |
| 462 | (4) of section 316.1001, Florida Statutes, are amended to read: |
| 463 | 316.1001 Payment of toll on toll facilities required; |
| 464 | penalties.-- |
| 465 | (2) |
| 466 | (b) A citation issued under this subsection may be issued |
| 467 | by mailing the citation by first class mail, or by certified |
| 468 | mail, return receipt requested, to the address of the registered |
| 469 | owner of the motor vehicle involved in the violation, and |
| 470 | verifiable receipt. Mailing the citation to this address |
| 471 | constitutes notification. In the case of joint ownership of a |
| 472 | motor vehicle, the traffic citation must be mailed to the first |
| 473 | name appearing on the registration, unless the first name |
| 474 | appearing on the registration is a business organization, in |
| 475 | which case the second name appearing on the registration may be |
| 476 | used. A citation issued under this paragraph must be mailed to |
| 477 | the registered owner of the motor vehicle involved in the |
| 478 | violation within 14 days after the date of issuance of the |
| 479 | violation. In addition to the citation, notification must be |
| 480 | sent to the registered owner of the motor vehicle involved in |
| 481 | the violation specifying remedies available under ss. 318.14(12) |
| 482 | and 318.18(7). |
| 483 | (4) Any governmental entity, including, without |
| 484 | limitation, a clerk of court, may supply the department with |
| 485 | data that is machine readable by the department's computer |
| 486 | system, listing persons who have one or more outstanding |
| 487 | violations of this section, with reference to the person's |
| 488 | driver's license number or license plate number in the case of a |
| 489 | business entity. Pursuant to s. 320.03(8), the department and |
| 490 | its authorized agents may not issue those persons may not be |
| 491 | issued a license plate or revalidation sticker for any motor |
| 492 | vehicle owned by a person whose name appears on the department's |
| 493 | list of persons having any outstanding violations of this |
| 494 | section until the person's name no longer appears on the list or |
| 495 | until the person presents a receipt from the governmental entity |
| 496 | or clerk showing that all applicable amounts owed on outstanding |
| 497 | violations have been paid. |
| 498 | Section 5. Subsection (6) of section 316.1895, Florida |
| 499 | Statutes, is amended to read: |
| 500 | 316.1895 Establishment of school speed zones, enforcement; |
| 501 | designation.-- |
| 502 | (6) Permanent signs designating school zones and school |
| 503 | zone speed limits shall be uniform in size and color, and shall |
| 504 | have the times during which the restrictive speed limit is |
| 505 | enforced clearly designated thereon. Flashing beacons activated |
| 506 | by a time clock, or other automatic device, or manually |
| 507 | activated may be used as an alternative to posting the times |
| 508 | during which the restrictive school speed limit is enforced. |
| 509 | Beginning July 1, 2008, for any newly established school zone or |
| 510 | any school zone in which the signing has been replaced, a sign |
| 511 | stating "Speeding Fines Doubled" shall be installed within or in |
| 512 | advance of the school zone. The Department of Transportation |
| 513 | shall establish adequate standards for the signs and flashing |
| 514 | beacons. |
| 515 | Section 6. Subsection (3) of section 316.29545, Florida |
| 516 | Statutes, is renumbered as subsection (4), and a new subsection |
| 517 | (3) is added to that section to read: |
| 518 | 316.29545 Window sunscreening exclusions; medical |
| 519 | exemption; certain law enforcement vehicles and private |
| 520 | investigative service vehicles exempt.-- |
| 521 | (3) The department shall exempt from the window |
| 522 | sunscreening restrictions of ss. 316.2953, 316.2954, and |
| 523 | 316.2956 vehicles owned or leased by private investigative |
| 524 | agencies licensed under chapter 493 and used in homeland |
| 525 | security functions on behalf of federal, state, or local |
| 526 | authorities; executive protection activities; undercover, |
| 527 | covert, or surveillance operations involving child abductions, |
| 528 | convicted sex offenders, insurance fraud, or missing persons or |
| 529 | property; or investigative activities in which evidence is being |
| 530 | obtained for civil or criminal court proceedings. |
| 531 | Section 7. Subsection (14) of section 316.515, Florida |
| 532 | Statutes, is amended to read: |
| 533 | 316.515 Maximum width, height, length.-- |
| 534 | (14) MANUFACTURED BUILDINGS.--The Department of |
| 535 | Transportation may, in its discretion and upon application and |
| 536 | good cause shown therefor that the same is not contrary to the |
| 537 | public interest, issue a special permit for truck tractor- |
| 538 | semitrailer combinations if where the total number of overwidth |
| 539 | deliveries of manufactured buildings, as defined in s. |
| 540 | 553.36(13), may be reduced by permitting the use of multiple |
| 541 | sections or single units on an overlength trailer of no more |
| 542 | than 80 54 feet. |
| 543 | Section 8. Subsection (5) of section 316.535, Florida |
| 544 | Statutes, is amended to read: |
| 545 | 316.535 Maximum weights.-- |
| 546 | (5) With respect to those highways not in the Interstate |
| 547 | Highway System, in all cases in which it exceeds state law in |
| 548 | effect on January 4, 1975, the overall gross weight on the |
| 549 | vehicle or combination of vehicles, including all enforcement |
| 550 | tolerances, shall be as determined by the following formula: |
| 551 |
|
| 552 | W = 500((LN ÷ (N-1)) + 12N + 36) |
| 553 |
|
| 554 | where W = overall gross weight of the vehicle to the nearest 500 |
| 555 | pounds; L = distance in feet between the extreme of the external |
| 556 | axles; and N = number of axles on the vehicle. However, such |
| 557 | overall gross weight of any vehicle or combination of vehicles |
| 558 | may not exceed 80,000 pounds including all enforcement |
| 559 | tolerances. The scale tolerance provided in s. 316.545(2) shall |
| 560 | be applicable to all weight limitations of this subsection, |
| 561 | except when a vehicle exceeds the posted weight limit on a road |
| 562 | or bridge. The scale tolerance provided in s. 316.545(2) shall |
| 563 | not apply to cranes. Fines for violations of the total gross |
| 564 | weight limitations provided for in this subsection shall be |
| 565 | based on the amount by which the actual weight of the vehicle |
| 566 | and load exceeds the allowable maximum weight determined under |
| 567 | this subsection plus the scale tolerance provided in s. |
| 568 | 316.545(2). |
| 569 | Section 9. Subsections (2) and (3) of section 316.545, |
| 570 | Florida Statutes, are amended to read: |
| 571 | 316.545 Weight and load unlawful; special fuel and motor |
| 572 | fuel tax enforcement; inspection; penalty; review.-- |
| 573 | (2)(a) Whenever an officer, upon weighing a vehicle or |
| 574 | combination of vehicles with load, determines that the axle |
| 575 | weight or gross weight is unlawful, the officer may require the |
| 576 | driver to stop the vehicle in a suitable place and remain |
| 577 | standing until a determination can be made as to the amount of |
| 578 | weight thereon and, if overloaded, the amount of penalty to be |
| 579 | assessed as provided herein. However, any gross weight over and |
| 580 | beyond 6,000 pounds beyond the maximum herein set shall be |
| 581 | unloaded and all material so unloaded shall be cared for by the |
| 582 | owner or operator of the vehicle at the risk of such owner or |
| 583 | operator. Except as otherwise provided in this chapter, to |
| 584 | facilitate compliance with and enforcement of the weight limits |
| 585 | established in s. 316.535, weight tables published pursuant to |
| 586 | s. 316.535(7) shall include a 10-percent scale tolerance and |
| 587 | shall thereby reflect the maximum scaled weights allowed any |
| 588 | vehicle or combination of vehicles. As used in this section, |
| 589 | scale tolerance means the allowable deviation from legal weights |
| 590 | established in s. 316.535. Notwithstanding any other provision |
| 591 | of the weight law, if a vehicle or combination of vehicles does |
| 592 | not exceed the gross, external bridge, or internal bridge weight |
| 593 | limits imposed in s. 316.535 and the driver of such vehicle or |
| 594 | combination of vehicles can comply with the requirements of this |
| 595 | chapter by shifting or equalizing the load on all wheels or |
| 596 | axles and does so when requested by the proper authority, the |
| 597 | driver shall not be held to be operating in violation of said |
| 598 | weight limits. Any vehicle or combination of vehicles which |
| 599 | exceed the gross, or external bridge weight limits imposed in |
| 600 | ss. 316.535(3), 316.535(4), or 316.535(6) over and beyond 6000 |
| 601 | pounds shall be unloaded and all material so unloaded shall be |
| 602 | cared for by the owner or operator of the vehicle at the risk of |
| 603 | such owner or operator. Any vehicle or combination of vehicles |
| 604 | which exceed the gross, or external bridge weight limits imposed |
| 605 | in s. 316.535(5) shall be unloaded and all material so unloaded |
| 606 | shall be cared for by the owner or operator of the vehicle at |
| 607 | risk of such owner or operator. |
| 608 | (3) Any person who violates the overloading provisions of |
| 609 | this chapter shall be conclusively presumed to have damaged the |
| 610 | highways of this state by reason of such overloading, which |
| 611 | damage is hereby fixed as follows: |
| 612 | (a) When the excess weight is 200 pounds or less than the |
| 613 | maximum herein provided, the penalty shall be $10; |
| 614 | (b) Five cents per pound for each pound of weight in |
| 615 | excess of the maximum herein provided when the excess weight |
| 616 | exceeds 200 pounds. However, whenever the gross weight of the |
| 617 | vehicle or combination of vehicles does not exceed the maximum |
| 618 | allowable gross weight, the maximum fine for the first 600 |
| 619 | pounds of unlawful axle weight shall be $10; |
| 620 | (c) For a vehicle equipped with fully functional idle- |
| 621 | reduction technology, any penalty shall be calculated by |
| 622 | reducing the actual gross vehicle weight or the internal bridge |
| 623 | weight by the certified weight of the idle-reduction technology |
| 624 | or by 400 pounds, whichever is less. The vehicle operator must |
| 625 | present written certification of the weight of the idle- |
| 626 | reduction technology and must demonstrate or certify that the |
| 627 | idle-reduction technology is fully functional at all times. This |
| 628 | calculation is not allowed for vehicles described in s. |
| 629 | 316.535(6); |
| 630 | (d)(c) An apportioned motor vehicle, as defined in s. |
| 631 | 320.01, operating on the highways of this state without being |
| 632 | properly licensed and registered shall be subject to the |
| 633 | penalties as herein provided; and |
| 634 | (e)(d) Vehicles operating on the highways of this state |
| 635 | from nonmember International Registration Plan jurisdictions |
| 636 | which are not in compliance with the provisions of s. 316.605 |
| 637 | shall be subject to the penalties as herein provided. |
| 638 | Section 10. Subsection (1) of section 316.605, Florida |
| 639 | Statutes, is amended to read: |
| 640 | 316.605 Licensing of vehicles.-- |
| 641 | (1) Every vehicle, at all times while driven, stopped, or |
| 642 | parked upon any highways, roads, or streets of this state, shall |
| 643 | be licensed in the name of the owner thereof in accordance with |
| 644 | the laws of this state unless such vehicle is not required by |
| 645 | the laws of this state to be licensed in this state and shall, |
| 646 | except as otherwise provided in s. 320.0706 for front-end |
| 647 | registration license plates on truck tractors and s. 320.086(5) |
| 648 | which exempts display of license plates on described former |
| 649 | military vehicles, display the license plate or both of the |
| 650 | license plates assigned to it by the state, one on the rear and, |
| 651 | if two, the other on the front of the vehicle, each to be |
| 652 | securely fastened to the vehicle outside the main body of the |
| 653 | vehicle not higher than 60 inches and not lower than 12 inches |
| 654 | from the ground and no more than 24 inches to the left or right |
| 655 | of the centerline of the vehicle, and in such manner as to |
| 656 | prevent the plates from swinging, and all letters, numerals, |
| 657 | printing, writing, and other identification marks upon the |
| 658 | plates regarding the word "Florida," the registration decal, and |
| 659 | the alphanumeric designation shall be clear and distinct and |
| 660 | free from defacement, mutilation, grease, and other obscuring |
| 661 | matter, so that they will be plainly visible and legible at all |
| 662 | times 100 feet from the rear or front. Except for motorcycle |
| 663 | license plates, vehicle license plates shall be affixed and |
| 664 | displayed in such a manner that the letters and numerals shall |
| 665 | be read from left to right parallel to the ground. No vehicle |
| 666 | license plate may be displayed in an inverted or reversed |
| 667 | position or in such a manner that the letters and numbers and |
| 668 | their proper sequence are not readily identifiable. Nothing |
| 669 | shall be placed upon the face of a Florida plate except as |
| 670 | permitted by law or by rule or regulation of a governmental |
| 671 | agency. No license plates other than those furnished by the |
| 672 | state shall be used. However, if the vehicle is not required to |
| 673 | be licensed in this state, the license plates on such vehicle |
| 674 | issued by another state, by a territory, possession, or district |
| 675 | of the United States, or by a foreign country, substantially |
| 676 | complying with the provisions hereof, shall be considered as |
| 677 | complying with this chapter. A violation of this subsection is a |
| 678 | noncriminal traffic infraction, punishable as a nonmoving |
| 679 | violation as provided in chapter 318. |
| 680 | Section 11. Subsection (7) of section 318.18, Florida |
| 681 | Statutes, is amended to read: |
| 682 | 318.18 Amount of penalties.--The penalties required for a |
| 683 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 684 | offense listed in s. 318.17 are as follows: |
| 685 | (7) Mandatory $100 fine for each violation of s. 316.1001 |
| 686 | plus the amount of the unpaid toll shown on the traffic citation |
| 687 | for each citation issued. The clerk of the court shall forward |
| 688 | $25 of the $100 fine received, plus the amount of the unpaid |
| 689 | toll that is shown on the citation, to the governmental entity |
| 690 | that issued the citation, or on whose behalf the citation was |
| 691 | issued. If a plea arrangement is reached prior to the date set |
| 692 | for a scheduled evidentiary hearing and adjudication is |
| 693 | withheld, there shall be a mandatory fine assessed per citation |
| 694 | of not less than $50 and not more than $100, plus the amount of |
| 695 | the unpaid toll for each citation issued. The clerk of the court |
| 696 | shall forward $25 of the fine imposed plus the amount of the |
| 697 | unpaid toll that is shown on the citation to the governmental |
| 698 | entity that issued the citation or on whose behalf the citation |
| 699 | was issued. The court shall have specific authority to |
| 700 | consolidate issued citations for the same defendant for the |
| 701 | purpose of sentencing and aggregate jurisdiction. In addition, |
| 702 | the department shall suspend for 60 days the driver's license of |
| 703 | a person who is convicted of 10 violations of s. 316.1001 within |
| 704 | a 36-month period. Any funds received by a governmental entity |
| 705 | for this violation may be used for any lawful purpose related to |
| 706 | the operation or maintenance of a toll facility. |
| 707 | Section 12. Subsection (8) of section 320.03, Florida |
| 708 | Statutes, is amended to read: |
| 709 | 320.03 Registration; duties of tax collectors; |
| 710 | International Registration Plan.-- |
| 711 | (8) If the applicant's name appears on the list referred |
| 712 | to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a |
| 713 | license plate or revalidation sticker may not be issued until |
| 714 | that person's name no longer appears on the list or until the |
| 715 | person presents a receipt from the governmental entity that |
| 716 | supplied the list or the clerk of court showing that the fines |
| 717 | outstanding have been paid. This subsection does not apply to |
| 718 | the owner of a leased vehicle if the vehicle is registered in |
| 719 | the name of the lessee of the vehicle. The tax collector and the |
| 720 | clerk of the court are each entitled to receive monthly, as |
| 721 | costs for implementing and administering this subsection, 10 |
| 722 | percent of the civil penalties and fines recovered from such |
| 723 | persons. As used in this subsection, the term "civil penalties |
| 724 | and fines" does not include a wrecker operator's lien as |
| 725 | described in s. 713.78(13). If the tax collector has private tag |
| 726 | agents, such tag agents are entitled to receive a pro rata share |
| 727 | of the amount paid to the tax collector, based upon the |
| 728 | percentage of license plates and revalidation stickers issued by |
| 729 | the tag agent compared to the total issued within the county. |
| 730 | The authority of any private agent to issue license plates shall |
| 731 | be revoked, after notice and a hearing as provided in chapter |
| 732 | 120, if he or she issues any license plate or revalidation |
| 733 | sticker contrary to the provisions of this subsection. This |
| 734 | section applies only to the annual renewal in the owner's birth |
| 735 | month of a motor vehicle registration and does not apply to the |
| 736 | transfer of a registration of a motor vehicle sold by a motor |
| 737 | vehicle dealer licensed under this chapter, except for the |
| 738 | transfer of registrations which is inclusive of the annual |
| 739 | renewals. This section does not affect the issuance of the title |
| 740 | to a motor vehicle, notwithstanding s. 319.23(7)(b). |
| 741 | Section 13. Paragraph (d) of subsection (3) of section |
| 742 | 322.27, Florida Statutes, is amended to read: |
| 743 | 322.27 Authority of department to suspend or revoke |
| 744 | license.-- |
| 745 | (3) There is established a point system for evaluation of |
| 746 | convictions of violations of motor vehicle laws or ordinances, |
| 747 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 748 | such violations involve the use of motor vehicles, for the |
| 749 | determination of the continuing qualification of any person to |
| 750 | operate a motor vehicle. The department is authorized to suspend |
| 751 | the license of any person upon showing of its records or other |
| 752 | good and sufficient evidence that the licensee has been |
| 753 | convicted of violation of motor vehicle laws or ordinances, or |
| 754 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 755 | more points as determined by the point system. The suspension |
| 756 | shall be for a period of not more than 1 year. |
| 757 | (d) The point system shall have as its basic element a |
| 758 | graduated scale of points assigning relative values to |
| 759 | convictions of the following violations: |
| 760 | 1. Reckless driving, willful and wanton--4 points. |
| 761 | 2. Leaving the scene of a crash resulting in property |
| 762 | damage of more than $50--6 points. |
| 763 | 3. Unlawful speed resulting in a crash--6 points. |
| 764 | 4. Passing a stopped school bus--4 points. |
| 765 | 5. Unlawful speed: |
| 766 | a. Not in excess of 15 miles per hour of lawful or posted |
| 767 | speed--3 points. |
| 768 | b. In excess of 15 miles per hour of lawful or posted |
| 769 | speed--4 points. |
| 770 | 6. A violation of a traffic control signal device as |
| 771 | provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
| 772 | 7. All other moving violations (including parking on a |
| 773 | highway outside the limits of a municipality)--3 points. |
| 774 | However, no points shall be imposed for a violation of s. |
| 775 | 316.0741, s. 316.1001, or s. 316.2065(12). |
| 776 | 8. Any moving violation covered above, excluding unlawful |
| 777 | speed, resulting in a crash--4 points. |
| 778 | 9. Any conviction under s. 403.413(6)(b)--3 points. |
| 779 | 10. Any conviction under s. 316.0775(2)--4 points. |
| 780 | Section 14. Section 334.03, Florida Statutes, is amended |
| 781 | to read: |
| 782 | 334.03 Definitions.--When used in the Florida |
| 783 | Transportation Code, the term: |
| 784 | (1) "Arterial road" means a route providing service which |
| 785 | is relatively continuous and of relatively high traffic volume, |
| 786 | long average trip length, high operating speed, and high |
| 787 | mobility importance. In addition, every United States numbered |
| 788 | highway is an arterial road. |
| 789 | (1)(2) "Bridge" means a structure, including supports, |
| 790 | erected over a depression or an obstruction, such as water or a |
| 791 | highway or railway, and having a track or passageway for |
| 792 | carrying traffic as defined in chapter 316 or other moving |
| 793 | loads. |
| 794 | (2)(3) "City street system" means all local roads within a |
| 795 | municipality which were under the jurisdiction of that |
| 796 | municipality on June 10, 1995, roads constructed by a |
| 797 | municipality for that municipality's street system, and roads |
| 798 | transferred to the municipality's jurisdiction after that date |
| 799 | by mutual consent with another governmental entity, but does not |
| 800 | include roads so transferred from the municipality's |
| 801 | jurisdiction, and all collector roads inside that municipality, |
| 802 | which are not in the county road system. |
| 803 | (4) "Collector road" means a route providing service which |
| 804 | is of relatively moderate average traffic volume, moderately |
| 805 | average trip length, and moderately average operating speed. |
| 806 | Such a route also collects and distributes traffic between local |
| 807 | roads or arterial roads and serves as a linkage between land |
| 808 | access and mobility needs. |
| 809 | (3)(5) "Commissioners" means the governing body of a |
| 810 | county. |
| 811 | (4)(6) "Consolidated metropolitan statistical area" means |
| 812 | two or more metropolitan statistical areas that are socially and |
| 813 | economically interrelated as defined by the United States Bureau |
| 814 | of the Census. |
| 815 | (5)(7) "Controlled access facility" means a street or |
| 816 | highway to which the right of access is highly regulated by the |
| 817 | governmental entity having jurisdiction over the facility in |
| 818 | order to maximize the operational efficiency and safety of the |
| 819 | high-volume through traffic utilizing the facility. Owners or |
| 820 | occupants of abutting lands and other persons have a right of |
| 821 | access to or from such facility at such points only and in such |
| 822 | manner as may be determined by the governmental entity. |
| 823 | (6)(8) "County road system" means all roads within a |
| 824 | county which were under the jurisdiction of that county on June |
| 825 | 10, 1995, roads constructed by a county for that county's road |
| 826 | system, and roads transferred to the county's jurisdiction after |
| 827 | that date by mutual consent with another governmental entity, |
| 828 | but does not include roads so transferred from the county's |
| 829 | jurisdiction collector roads in the unincorporated areas of a |
| 830 | county and all extensions of such collector roads into and |
| 831 | through any incorporated areas, all local roads in the |
| 832 | unincorporated areas, and all urban minor arterial roads not in |
| 833 | the State Highway System. |
| 834 | (7)(9) "Department" means the Department of |
| 835 | Transportation. |
| 836 | (8)(10) "Florida Intrastate Highway System" means a system |
| 837 | of limited access and controlled access facilities on the State |
| 838 | Highway System which have the capacity to provide high-speed and |
| 839 | high-volume traffic movements in an efficient and safe manner. |
| 840 | (9)(11) "Functional classification" means the assignment |
| 841 | of roads into systems according to the character of service they |
| 842 | provide in relation to the total road network using procedures |
| 843 | developed by the Federal Highway Administration. Basic |
| 844 | functional categories include arterial roads, collector roads, |
| 845 | and local roads which may be subdivided into principal, major, |
| 846 | or minor levels. Those levels may be additionally divided into |
| 847 | rural and urban categories. |
| 848 | (10)(12) "Governmental entity" means a unit of government, |
| 849 | or any officially designated public agency or authority of a |
| 850 | unit of government, that has the responsibility for planning, |
| 851 | construction, operation, or maintenance or jurisdiction over |
| 852 | transportation facilities; the term includes the Federal |
| 853 | Government, the state government, a county, an incorporated |
| 854 | municipality, a metropolitan planning organization, an |
| 855 | expressway or transportation authority, a road and bridge |
| 856 | district, a special road and bridge district, and a regional |
| 857 | governmental unit. |
| 858 | (11)(13) "Limited access facility" means a street or |
| 859 | highway especially designed for through traffic, and over, from, |
| 860 | or to which owners or occupants of abutting land or other |
| 861 | persons have no right or easement of access, light, air, or view |
| 862 | by reason of the fact that their property abuts upon such |
| 863 | limited access facility or for any other reason. Such highways |
| 864 | or streets may be facilities from which trucks, buses, and other |
| 865 | commercial vehicles are excluded; or they may be facilities open |
| 866 | to use by all customary forms of street and highway traffic. |
| 867 | (12)(14) "Local governmental entity" means a unit of |
| 868 | government with less than statewide jurisdiction, or any |
| 869 | officially designated public agency or authority of such a unit |
| 870 | of government, that has the responsibility for planning, |
| 871 | construction, operation, or maintenance of, or jurisdiction |
| 872 | over, a transportation facility; the term includes, but is not |
| 873 | limited to, a county, an incorporated municipality, a |
| 874 | metropolitan planning organization, an expressway or |
| 875 | transportation authority, a road and bridge district, a special |
| 876 | road and bridge district, and a regional governmental unit. |
| 877 | (15) "Local road" means a route providing service which is |
| 878 | of relatively low average traffic volume, short average trip |
| 879 | length or minimal through-traffic movements, and high land |
| 880 | access for abutting property. |
| 881 | (13)(16) "Metropolitan area" means a geographic region |
| 882 | comprising as a minimum the existing urbanized area and the |
| 883 | contiguous area projected to become urbanized within a 20-year |
| 884 | forecast period. The boundaries of a metropolitan area may be |
| 885 | designated so as to encompass a metropolitan statistical area or |
| 886 | a consolidated metropolitan statistical area. If a metropolitan |
| 887 | area, or any part thereof, is located within a nonattainment |
| 888 | area, the boundaries of the metropolitan area must be designated |
| 889 | so as to include the boundaries of the entire nonattainment |
| 890 | area, unless otherwise provided by agreement between the |
| 891 | applicable metropolitan planning organization and the Governor. |
| 892 | (14)(17) "Metropolitan statistical area" means an area |
| 893 | that includes a municipality of 50,000 persons or more, or an |
| 894 | urbanized area of at least 50,000 persons as defined by the |
| 895 | United States Bureau of the Census, provided that the component |
| 896 | county or counties have a total population of at least 100,000. |
| 897 | (15)(18) "Nonattainment area" means an area designated by |
| 898 | the United States Environmental Protection Agency, pursuant to |
| 899 | federal law, as exceeding national primary or secondary ambient |
| 900 | air quality standards for the pollutants carbon monoxide or |
| 901 | ozone. |
| 902 | (16)(19) "Periodic maintenance" means activities that are |
| 903 | large in scope and require a major work effort to restore |
| 904 | deteriorated components of the transportation system to a safe |
| 905 | and serviceable condition, including, but not limited to, the |
| 906 | repair of large bridge structures, major repairs to bridges and |
| 907 | bridge systems, and the mineral sealing of lengthy sections of |
| 908 | roadway. |
| 909 | (17)(20) "Person" means any person described in s. 1.01 or |
| 910 | any unit of government in or outside the state. |
| 911 | (18)(21) "Right of access" means the right of ingress to a |
| 912 | highway from abutting land and egress from a highway to abutting |
| 913 | land. |
| 914 | (19)(22) "Right-of-way" means land in which the state, the |
| 915 | department, a county, or a municipality owns the fee or has an |
| 916 | easement devoted to or required for use as a transportation |
| 917 | facility. |
| 918 | (20)(23) "Road" means a way open to travel by the public, |
| 919 | including, but not limited to, a street, highway, or alley. The |
| 920 | term includes associated sidewalks, the roadbed, the right-of- |
| 921 | way, and all culverts, drains, sluices, ditches, water storage |
| 922 | areas, waterways, embankments, slopes, retaining walls, bridges, |
| 923 | tunnels, and viaducts necessary for the maintenance of travel |
| 924 | and all ferries used in connection therewith. |
| 925 | (21)(24) "Routine maintenance" means minor repairs and |
| 926 | associated tasks necessary to maintain a safe and efficient |
| 927 | transportation system. The term includes: pavement patching; |
| 928 | shoulder repair; cleaning and repair of drainage ditches, |
| 929 | traffic signs, and structures; mowing; bridge inspection and |
| 930 | maintenance; pavement striping; litter cleanup; and other |
| 931 | similar activities. |
| 932 | (22)(25) "State Highway System" means the following, which |
| 933 | shall be facilities to which access is regulated: |
| 934 | (a) The interstate system and all other roads within the |
| 935 | state which were under the jurisdiction of the state on June 10, |
| 936 | 1995, roads constructed by an agency of the state for the State |
| 937 | Highway System, and roads transferred to the state's |
| 938 | jurisdiction after that date by mutual consent with another |
| 939 | governmental entity, but does not include roads so transferred |
| 940 | from the state's jurisdiction. These facilities shall be |
| 941 | facilities to which access is regulated.; |
| 942 | (b) All rural arterial routes and their extensions into |
| 943 | and through urban areas; |
| 944 | (c) All urban principal arterial routes; and |
| 945 | (d) The urban minor arterial mileage on the existing State |
| 946 | Highway System as of July 1, 1987, plus additional mileage to |
| 947 | comply with the 2-percent requirement as described below. |
| 948 |
|
| 949 | However, not less than 2 percent of the public road mileage of |
| 950 | each urbanized area on record as of June 30, 1986, shall be |
| 951 | included as minor arterials in the State Highway System. |
| 952 | Urbanized areas not meeting the foregoing minimum requirement |
| 953 | shall have transferred to the State Highway System additional |
| 954 | minor arterials of the highest significance in which case the |
| 955 | total minor arterials in the State Highway System from any |
| 956 | urbanized area shall not exceed 2.5 percent of that area's total |
| 957 | public urban road mileage. |
| 958 | (23)(26) "State Park Road System" means roads embraced |
| 959 | within the boundaries of state parks and state roads leading to |
| 960 | state parks, other than roads of the State Highway System, the |
| 961 | county road systems, or the city street systems. |
| 962 | (24)(27) "State road" means a street, road, highway, or |
| 963 | other way open to travel by the public generally and dedicated |
| 964 | to the public use according to law or by prescription and |
| 965 | designated by the department, as provided by law, as part of the |
| 966 | State Highway System. |
| 967 | (25)(28) "Structure" means a bridge, viaduct, tunnel, |
| 968 | causeway, approach, ferry slip, culvert, toll plaza, gate, or |
| 969 | other similar facility used in connection with a transportation |
| 970 | facility. |
| 971 | (26)(29) "Sufficiency rating" means the objective rating |
| 972 | of a road or section of a road for the purpose of determining |
| 973 | its capability to serve properly the actual or anticipated |
| 974 | volume of traffic using the road. |
| 975 | (27)(30) "Transportation corridor" means any land area |
| 976 | designated by the state, a county, or a municipality which is |
| 977 | between two geographic points and which area is used or suitable |
| 978 | for the movement of people and goods by one or more modes of |
| 979 | transportation, including areas necessary for management of |
| 980 | access and securing applicable approvals and permits. |
| 981 | Transportation corridors shall contain, but are not limited to, |
| 982 | the following: |
| 983 | (a) Existing publicly owned rights-of-way; |
| 984 | (b) All property or property interests necessary for |
| 985 | future transportation facilities, including rights of access, |
| 986 | air, view, and light, whether public or private, for the purpose |
| 987 | of securing and utilizing future transportation rights-of-way, |
| 988 | including, but not limited to, any lands reasonably necessary |
| 989 | now or in the future for securing applicable approvals and |
| 990 | permits, borrow pits, drainage ditches, water retention areas, |
| 991 | rest areas, replacement access for landowners whose access could |
| 992 | be impaired due to the construction of a future facility, and |
| 993 | replacement rights-of-way for relocation of rail and utility |
| 994 | facilities. |
| 995 | (28)(31) "Transportation facility" means any means for the |
| 996 | transportation of people or property from place to place which |
| 997 | is constructed, operated, or maintained in whole or in part from |
| 998 | public funds. The term includes the property or property rights, |
| 999 | both real and personal, which have been or may be established by |
| 1000 | public bodies for the transportation of people or property from |
| 1001 | place to place. |
| 1002 | (29)(32) "Urban area" means a geographic region comprising |
| 1003 | as a minimum the area inside the United States Bureau of the |
| 1004 | Census boundary of an urban place with a population of 5,000 or |
| 1005 | more persons, expanded to include adjacent developed areas as |
| 1006 | provided for by Federal Highway Administration regulations. |
| 1007 | (33) "Urban minor arterial road" means a route that |
| 1008 | generally interconnects with and augments an urban principal |
| 1009 | arterial road and provides service to trips of shorter length |
| 1010 | and a lower level of travel mobility. The term includes all |
| 1011 | arterials not classified as "principal" and contain facilities |
| 1012 | that place more emphasis on land access than the higher system. |
| 1013 | (30)(34) "Urban place" means a geographic region composed |
| 1014 | of one or more contiguous census tracts that have been found by |
| 1015 | the United States Bureau of the Census to contain a population |
| 1016 | density of at least 1,000 persons per square mile. |
| 1017 | (35) "Urban principal arterial road" means a route that |
| 1018 | generally serves the major centers of activity of an urban area, |
| 1019 | the highest traffic volume corridors, and the longest trip |
| 1020 | purpose and carries a high proportion of the total urban area |
| 1021 | travel on a minimum of mileage. Such roads are integrated, both |
| 1022 | internally and between major rural connections. |
| 1023 | (31)(36) "Urbanized area" means a geographic region |
| 1024 | comprising as a minimum the area inside an urban place of 50,000 |
| 1025 | or more persons, as designated by the United States Bureau of |
| 1026 | the Census, expanded to include adjacent developed areas as |
| 1027 | provided for by Federal Highway Administration regulations. |
| 1028 | Urban areas with a population of fewer than 50,000 persons which |
| 1029 | are located within the expanded boundary of an urbanized area |
| 1030 | are not separately recognized. |
| 1031 | (32)(37) "511" or "511 services" means three-digit |
| 1032 | telecommunications dialing to access interactive voice response |
| 1033 | telephone traveler information services provided in the state as |
| 1034 | defined by the Federal Communications Commission in FCC Order |
| 1035 | No. 00-256, July 31, 2000. |
| 1036 | (33)(38) "Interactive voice response" means a software |
| 1037 | application that accepts a combination of voice telephone input |
| 1038 | and touch-tone keypad selection and provides appropriate |
| 1039 | responses in the form of voice, fax, callback, e-mail, and other |
| 1040 | media. |
| 1041 | Section 15. Subsections (11), (13), and (26) of section |
| 1042 | 334.044, Florida Statutes, are amended to read: |
| 1043 | 334.044 Department; powers and duties.--The department |
| 1044 | shall have the following general powers and duties: |
| 1045 | (11) To establish a numbering system for public roads and, |
| 1046 | to functionally classify such roads, and to assign |
| 1047 | jurisdictional responsibility. |
| 1048 | (13) To designate existing and to plan proposed |
| 1049 | transportation facilities as part of the State Highway System, |
| 1050 | and to construct, maintain, and operate such facilities. |
| 1051 | (26) To provide for the enhancement of environmental |
| 1052 | benefits, including air and water quality, to prevent roadside |
| 1053 | erosion, to conserve the conservation of natural roadside growth |
| 1054 | and scenery and for the implementation and maintenance of |
| 1055 | roadside conservation, enhancement, and stabilization |
| 1056 | beautification programs, and no less than 1.5 percent of the |
| 1057 | amount contracted for construction projects shall be allocated |
| 1058 | by the department to the purchase of plant materials |
| 1059 | beautification programs. Except where prohibited by federal law |
| 1060 | or federal regulation and to the greatest extent practical, a |
| 1061 | minimum of 50 percent of these funds shall be used to purchase |
| 1062 | large plant materials with the remaining funds for other plant |
| 1063 | materials. All such plant materials shall be purchased from |
| 1064 | Florida-based commercial nursery nurseryman stock on a uniform |
| 1065 | competitive bid basis. The department will develop grades and |
| 1066 | standards for landscaping materials purchased through this |
| 1067 | process. To accomplish these activities, the department may |
| 1068 | contract with nonprofit organizations having the primary purpose |
| 1069 | of developing youth employment opportunities. |
| 1070 | Section 16. Section 334.047, Florida Statutes, is amended |
| 1071 | to read: |
| 1072 | 334.047 Prohibition.--Notwithstanding any other provision |
| 1073 | of law to the contrary, the Department of Transportation may not |
| 1074 | establish a cap on the number of miles in the State Highway |
| 1075 | System or a maximum number of miles of urban principal arterial |
| 1076 | roads, as defined in s. 334.03, within a district or county. |
| 1077 | Section 17. Paragraph (a) of subsection (1) of section |
| 1078 | 334.30, Florida Statutes, is amended to read: |
| 1079 | 334.30 Public-private transportation facilities.--The |
| 1080 | Legislature finds and declares that there is a public need for |
| 1081 | the rapid construction of safe and efficient transportation |
| 1082 | facilities for the purpose of traveling within the state, and |
| 1083 | that it is in the public's interest to provide for the |
| 1084 | construction of additional safe, convenient, and economical |
| 1085 | transportation facilities |
| 1086 | (1) The department may receive or solicit proposals and, |
| 1087 | with legislative approval as evidenced by approval of the |
| 1088 | project in the department's work program, enter into agreements |
| 1089 | with private entities, or consortia thereof, for the building, |
| 1090 | operation, ownership, or financing of transportation facilities. |
| 1091 | The department may advance projects programmed in the adopted 5- |
| 1092 | year work program or projects increasing transportation capacity |
| 1093 | and greater than $500 million in the 10-year Strategic |
| 1094 | Intermodal Plan using funds provided by public-private |
| 1095 | partnerships or private entities to be reimbursed from |
| 1096 | department funds for the project as programmed in the adopted |
| 1097 | work program. The department shall by rule establish an |
| 1098 | application fee for the submission of unsolicited proposals |
| 1099 | under this section. The fee must be sufficient to pay the costs |
| 1100 | of evaluating the proposals. The department may engage the |
| 1101 | services of private consultants to assist in the evaluation. |
| 1102 | Before approval, the department must determine that the proposed |
| 1103 | project: |
| 1104 | (a) Is in the public's best interest, as evidenced by a |
| 1105 | business case prepared under s. 287.0574 and submitted to the |
| 1106 | Council on Efficient Government; |
| 1107 | Section 18. Section 336.445, Florida Statutes, is created |
| 1108 | to read: |
| 1109 | 336.445 Public-private partnerships with counties.-- |
| 1110 | (1) Notwithstanding any other provision of law or |
| 1111 | ordinance, a county may enter into agreements with private |
| 1112 | entities, or a consortia thereof, for the building, operation, |
| 1113 | ownership, or financing of toll facilities as part of the county |
| 1114 | road system under the following circumstances: |
| 1115 | (a) The county has publically declared at a properly |
| 1116 | noticed commission meeting the need for a toll facility and a |
| 1117 | desire to contract with a private entity for the building, |
| 1118 | operation, ownership, or financing of a toll facility; and |
| 1119 | (b) The county establishes after a public hearing that the |
| 1120 | proposal includes unique benefits and that adoption of the |
| 1121 | project is not contrary to the interest of the public. |
| 1122 | (2) Before awarding the project to a private entity, the |
| 1123 | county must determine that the proposed project: |
| 1124 | (a) Is not contrary to the public's interest; |
| 1125 | (b) Would not require state funds to be used; |
| 1126 | (c) Would have adequate safeguards in place to ensure that |
| 1127 | no additional costs or service disruptions would be realized by |
| 1128 | the travelling public in the event of default or cancellation of |
| 1129 | the agreement by the county; and |
| 1130 | (d) Would have adequate safeguards in place to ensure that |
| 1131 | the county or the private entity has the opportunity to add |
| 1132 | capacity to the proposed project and other transportation |
| 1133 | facilities serving similar origins and destinations. |
| 1134 | (3) Any agreement between a county and a private entity, |
| 1135 | or consortia thereof, must address the following: |
| 1136 | (a) Regulations governing the future increase of toll or |
| 1137 | fare revenues; and |
| 1138 | (b) That the private entity shall provide an investment |
| 1139 | grade traffic and revenue study prepared by an internationally |
| 1140 | recognized traffic and revenue expert that is accepted by the |
| 1141 | national bond rating agencies. The private entity shall also |
| 1142 | provide a finance plan than identifies the project cost, |
| 1143 | revenues by source, financing, major assumptions, internal rate |
| 1144 | of return on private investment, whether any government funds |
| 1145 | are assumed to deliver a cost-feasible project, and a total cash |
| 1146 | flow analysis beginning with the implementation of the project |
| 1147 | and extending for the term of the agreement. |
| 1148 | Section 19. Subsection (2) of section 337.0261, Florida |
| 1149 | Statutes, is amended to read: |
| 1150 | 337.0261 Construction aggregate materials.-- |
| 1151 | (2) LEGISLATIVE INTENT.--The Legislature finds that there |
| 1152 | is a strategic and critical need for an available supply of |
| 1153 | construction aggregate materials within the state and that a |
| 1154 | disruption of the supply would cause a significant detriment to |
| 1155 | the state's construction industry, transportation system, and |
| 1156 | overall health, safety, and welfare. In addition, the |
| 1157 | Legislature recognizes that construction aggregate materials |
| 1158 | mining is an industry of critical importance to the state and |
| 1159 | that the mining of construction aggregate materials is in the |
| 1160 | public interest. |
| 1161 | Section 20. Subsection (1) of section 337.401, Florida |
| 1162 | Statutes, is amended to read: |
| 1163 | 337.401 Use of right-of-way for utilities subject to |
| 1164 | regulation; permit; fees.-- |
| 1165 | (1)(a) The department and local governmental entities, |
| 1166 | referred to in ss. 337.401-337.404 as the "authority," that have |
| 1167 | jurisdiction and control of public roads or publicly owned rail |
| 1168 | corridors are authorized to prescribe and enforce reasonable |
| 1169 | rules or regulations with reference to the placing and |
| 1170 | maintaining along, across, or on any road or publicly owned rail |
| 1171 | corridors under their respective jurisdictions any electric |
| 1172 | transmission, telephone, telegraph, or other communications |
| 1173 | services lines; pole lines; poles; railways; ditches; sewers; |
| 1174 | water, heat, or gas mains; pipelines; fences; gasoline tanks and |
| 1175 | pumps; or other structures referred to in this section as the |
| 1176 | "utility." For aerial and underground electric utility |
| 1177 | transmission lines designed to operate at 69 or more kilovolts |
| 1178 | that are needed to accommodate the additional electrical |
| 1179 | transfer capacity on the transmission grid resulting from new |
| 1180 | base-load generating facilities, where there is no other |
| 1181 | practicable alternative available for placement of the electric |
| 1182 | utility transmission lines on the department's rights-of-way, |
| 1183 | the department's rules shall provide for placement of and access |
| 1184 | to such transmission lines adjacent to and within the right-of- |
| 1185 | way of any department-controlled public roads, including |
| 1186 | longitudinally within limited access facilities to the greatest |
| 1187 | extent allowed by federal law, if compliance with the standards |
| 1188 | established by such rules is achieved. Such rules may include, |
| 1189 | but need not be limited to, that the use of the right-of-way is |
| 1190 | reasonable based upon a consideration of economic and |
| 1191 | environmental factors, including, without limitation, other |
| 1192 | practicable alternative alignments, utility corridors and |
| 1193 | easements, impacts on adjacent property owners, and minimum |
| 1194 | clear zones and other safety standards, and further provide that |
| 1195 | placement of the electric utility transmission lines within the |
| 1196 | department's right-of-way does not interfere with operational |
| 1197 | requirements of the transportation facility or planned or |
| 1198 | potential future expansion of such transportation facility. If |
| 1199 | the department approves longitudinal placement of electric |
| 1200 | utility transmission lines in limited access facilities, |
| 1201 | compensation for the use of the right-of-way is required. Such |
| 1202 | consideration or compensation paid by the electric utility in |
| 1203 | connection with the department's issuance of a permit does not |
| 1204 | create any property right in the department's property |
| 1205 | regardless of the amount of consideration paid or the |
| 1206 | improvements constructed on the property by the utility. Upon |
| 1207 | notice by the department that the property is needed for |
| 1208 | expansion or improvement of the transportation facility, the |
| 1209 | electric utility transmission line will relocate from the |
| 1210 | facility at the electric utility's sole expense. The electric |
| 1211 | utility shall pay to the department reasonable damages resulting |
| 1212 | from the utility's failure or refusal to timely relocate its |
| 1213 | transmission lines. The rules to be adopted by the department |
| 1214 | may also address the compensation methodology and relocation. As |
| 1215 | used in this subsection, the term "base-load generating |
| 1216 | facilities" means electric power plants that are certified under |
| 1217 | part II of chapter 403. The department may enter into a permit- |
| 1218 | delegation agreement with a governmental entity if issuance of a |
| 1219 | permit is based on requirements that the department finds will |
| 1220 | ensure the safety and integrity of facilities of the Department |
| 1221 | of Transportation; however, the permit-delegation agreement does |
| 1222 | not apply to facilities of electric utilities as defined in s. |
| 1223 | 366.02(2). |
| 1224 | (b) For aerial and underground electric utility |
| 1225 | transmission lines designed to operate at 69 or more kilovolts |
| 1226 | that are needed to accommodate the additional electrical |
| 1227 | transfer capacity on the transmission grid resulting from new |
| 1228 | base-load generating facilities, the department's rules shall |
| 1229 | provide for placement of and access to such transmission lines |
| 1230 | adjacent to and within the right-of-way of any department- |
| 1231 | controlled public roads, including longitudinally within limited |
| 1232 | access facilities where there is no other practicable |
| 1233 | alternative available, to the greatest extent allowed by federal |
| 1234 | law, if compliance with the standards established by such rules |
| 1235 | is achieved. Such rules may include, but need not be limited to, |
| 1236 | that the use of the limited access right-of-way for longitudinal |
| 1237 | placement of electric utility transmission lines is reasonable |
| 1238 | based upon a consideration of economic and environmental |
| 1239 | factors, including, without limitation, other practicable |
| 1240 | alternative alignments, utility corridors and easements, impacts |
| 1241 | on adjacent property owners, and minimum clear zones and other |
| 1242 | safety standards, and further provide that placement of the |
| 1243 | electric utility transmission lines within the department's |
| 1244 | right-of-way does not interfere with operational requirements of |
| 1245 | the transportation facility or planned or potential future |
| 1246 | expansion of such transportation facility. If the department |
| 1247 | approves longitudinal placement of electric utility transmission |
| 1248 | lines in limited access facilities, compensation for the use of |
| 1249 | the right-of-way is required. Such consideration or compensation |
| 1250 | paid by the electric utility in connection with the department's |
| 1251 | issuance of a permit does not create any property right in the |
| 1252 | department's property regardless of the amount of consideration |
| 1253 | paid or the improvements constructed on the property by the |
| 1254 | utility. Upon notice by the department that the property is |
| 1255 | needed for expansion or improvement of the transportation |
| 1256 | facility, the electric utility transmission line will relocate |
| 1257 | at the electric utility's sole expense. The electric utility |
| 1258 | shall pay to the department reasonable damages resulting from |
| 1259 | the utility's failure or refusal to timely relocate its |
| 1260 | transmission lines. The rules to be adopted by the department |
| 1261 | may also address the compensation methodology and relocation. As |
| 1262 | used in this subsection, the term "base-load generating |
| 1263 | facilities" means electric power plants that are certified under |
| 1264 | part II of chapter 403. |
| 1265 | Section 21. Subsection (3) and paragraphs (b) and (c) of |
| 1266 | subsection (4) of section 339.2816, Florida Statutes, are |
| 1267 | amended to read: |
| 1268 | 339.2816 Small County Road Assistance Program.-- |
| 1269 | (3) Beginning with fiscal year 1999-2000 until fiscal year |
| 1270 | 2009-2010, and beginning again with fiscal year 2012-2013, up to |
| 1271 | $25 million annually from the State Transportation Trust Fund |
| 1272 | may be used for the purposes of funding the Small County Road |
| 1273 | Assistance Program as described in this section. |
| 1274 | (4) |
| 1275 | (b) In determining a county's eligibility for assistance |
| 1276 | under this program, the department may consider whether the |
| 1277 | county has attempted to keep county roads in satisfactory |
| 1278 | condition, including the amount of local option fuel tax and ad |
| 1279 | valorem millage rate imposed by the county. The department may |
| 1280 | also consider the extent to which the county has offered to |
| 1281 | provide a match of local funds with state funds provided under |
| 1282 | the program. At a minimum, small counties shall be eligible only |
| 1283 | if: |
| 1284 | 1. the county has enacted the maximum rate of the local |
| 1285 | option fuel tax authorized by s. 336.025(1)(a)., and has imposed |
| 1286 | an ad valorem millage rate of at least 8 mills; or |
| 1287 | 2. The county has imposed an ad valorem millage rate of 10 |
| 1288 | mills. |
| 1289 | (c) The following criteria shall be used to prioritize |
| 1290 | road projects for funding under the program: |
| 1291 | 1. The primary criterion is the physical condition of the |
| 1292 | road as measured by the department. |
| 1293 | 2. As secondary criteria the department may consider: |
| 1294 | a. Whether a road is used as an evacuation route. |
| 1295 | b. Whether a road has high levels of agricultural travel. |
| 1296 | c. Whether a road is considered a major arterial route. |
| 1297 | d. Whether a road is considered a feeder road. |
| 1298 | e. Whether a road is located in a fiscally constrained |
| 1299 | county as defined in s. 218.67(1). |
| 1300 | f.e. Other criteria related to the impact of a project on |
| 1301 | the public road system or on the state or local economy as |
| 1302 | determined by the department. |
| 1303 | Section 22. Subsections (1) and (4) of section 339.2818, |
| 1304 | Florida Statutes, are amended to read: |
| 1305 | 339.2818 Small County Outreach Program.-- |
| 1306 | (1) There is created within the Department of |
| 1307 | Transportation the Small County Outreach Program. The purpose of |
| 1308 | this program is to assist small county governments in repairing |
| 1309 | or rehabilitating county bridges, paving unpaved roads, |
| 1310 | addressing road-related drainage improvements, resurfacing or |
| 1311 | reconstructing county roads or in constructing capacity or |
| 1312 | safety improvements to county roads. |
| 1313 | (4)(a) Small counties shall be eligible to compete for |
| 1314 | funds that have been designated for the Small County Outreach |
| 1315 | Program for projects on county roads. The department shall fund |
| 1316 | 75 percent of the cost of projects on county roads funded under |
| 1317 | the program. |
| 1318 | (b) In determining a county's eligibility for assistance |
| 1319 | under this program, the department may consider whether the |
| 1320 | county has attempted to keep county roads in satisfactory |
| 1321 | condition which may be evidenced through an established pavement |
| 1322 | management plan. |
| 1323 | (c) The following criteria shall be used to prioritize |
| 1324 | road projects for funding under the program: |
| 1325 | 1. The primary criterion is the physical condition of the |
| 1326 | road as measured by the department. |
| 1327 | 2. As secondary criteria the department may consider: |
| 1328 | a. Whether a road is used as an evacuation route. |
| 1329 | b. Whether a road has high levels of agricultural travel. |
| 1330 | c. Whether a road is considered a major arterial route. |
| 1331 | d. Whether a road is considered a feeder road. |
| 1332 | e. Information as evidenced to the department through an |
| 1333 | established pavement management plan. |
| 1334 | f.e. Other criteria related to the impact of a project on |
| 1335 | the public road system or on the state or local economy as |
| 1336 | determined by the department. |
| 1337 | Section 23. Subsections (1), (2), and (5) of section |
| 1338 | 339.64, Florida Statutes, are amended to read: |
| 1339 | 339.64 Strategic Intermodal System Plan.-- |
| 1340 | (1) The department shall develop, in cooperation with |
| 1341 | metropolitan planning organizations, regional planning councils, |
| 1342 | local governments, the Statewide Intermodal Transportation |
| 1343 | Advisory Council and other transportation providers, a Strategic |
| 1344 | Intermodal System Plan. The plan shall be consistent with the |
| 1345 | Florida Transportation Plan developed pursuant to s. 339.155 and |
| 1346 | shall be updated at least once every 5 years, subsequent to |
| 1347 | updates of the Florida Transportation Plan. |
| 1348 | (2) In association with the continued development of the |
| 1349 | Strategic Intermodal System Plan, the Florida Transportation |
| 1350 | Commission, as part of its work program review process, shall |
| 1351 | conduct an annual assessment of the progress that the department |
| 1352 | and its transportation partners have made in realizing the goals |
| 1353 | of economic development, improved mobility, and increased |
| 1354 | intermodal connectivity of the Strategic Intermodal System. The |
| 1355 | Florida Transportation Commission shall coordinate with the |
| 1356 | department, the Statewide Intermodal Transportation Advisory |
| 1357 | Council, and other appropriate entities when developing this |
| 1358 | assessment. The Florida Transportation Commission shall deliver |
| 1359 | a report to the Governor and Legislature no later than 14 days |
| 1360 | after the regular session begins, with recommendations as |
| 1361 | necessary to fully implement the Strategic Intermodal System. |
| 1362 | (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY |
| 1363 | COUNCIL.-- |
| 1364 | (a) The Statewide Intermodal Transportation Advisory |
| 1365 | Council is created to advise and make recommendations to the |
| 1366 | Legislature and the department on policies, planning, and |
| 1367 | funding of intermodal transportation projects. The council's |
| 1368 | responsibilities shall include: |
| 1369 | 1. Advising the department on the policies, planning, and |
| 1370 | implementation of strategies related to intermodal |
| 1371 | transportation. |
| 1372 | 2. Providing advice and recommendations to the Legislature |
| 1373 | on funding for projects to move goods and people in the most |
| 1374 | efficient and effective manner for the State of Florida. |
| 1375 | (b) MEMBERSHIP.--Members of the Statewide Intermodal |
| 1376 | Transportation Advisory Council shall consist of the following: |
| 1377 | 1. Six intermodal industry representatives selected by the |
| 1378 | Governor as follows: |
| 1379 | a. One representative from an airport involved in the |
| 1380 | movement of freight and people from their airport facility to |
| 1381 | another transportation mode. |
| 1382 | b. One individual representing a fixed-route, local- |
| 1383 | government transit system. |
| 1384 | c. One representative from an intercity bus company |
| 1385 | providing regularly scheduled bus travel as determined by |
| 1386 | federal regulations. |
| 1387 | d. One representative from a spaceport. |
| 1388 | e. One representative from intermodal trucking companies. |
| 1389 | f. One representative having command responsibilities of a |
| 1390 | major military installation. |
| 1391 | 2. Three intermodal industry representatives selected by |
| 1392 | the President of the Senate as follows: |
| 1393 | a. One representative from major-line railroads. |
| 1394 | b. One representative from seaports listed in s. 311.09(1) |
| 1395 | from the Atlantic Coast. |
| 1396 | c. One representative from an airport involved in the |
| 1397 | movement of freight and people from their airport facility to |
| 1398 | another transportation mode. |
| 1399 | 3. Three intermodal industry representatives selected by |
| 1400 | the Speaker of the House of Representatives as follows: |
| 1401 | a. One representative from short-line railroads. |
| 1402 | b. One representative from seaports listed in s. 311.09(1) |
| 1403 | from the Gulf Coast. |
| 1404 | c. One representative from intermodal trucking companies. |
| 1405 | In no event may this representative be employed by the same |
| 1406 | company that employs the intermodal trucking company |
| 1407 | representative selected by the Governor. |
| 1408 | (c) Initial appointments to the council must be made no |
| 1409 | later than 30 days after the effective date of this section. |
| 1410 | 1. The initial appointments made by the President of the |
| 1411 | Senate and the Speaker of the House of Representatives shall |
| 1412 | serve terms concurrent with those of the respective appointing |
| 1413 | officer. Beginning January 15, 2005, and for all subsequent |
| 1414 | appointments, council members appointed by the President of the |
| 1415 | Senate and the Speaker of the House of Representatives shall |
| 1416 | serve 2-year terms, concurrent with the term of the respective |
| 1417 | appointing officer. |
| 1418 | 2. The initial appointees, and all subsequent appointees, |
| 1419 | made by the Governor shall serve 2-year terms. |
| 1420 | 3. Vacancies on the council shall be filled in the same |
| 1421 | manner as the initial appointments. |
| 1422 | (d) Each member of the council shall be allowed one vote. |
| 1423 | The council shall select a chair from among its membership. |
| 1424 | Meetings shall be held at the call of the chair, but not less |
| 1425 | frequently than quarterly. The members of the council shall be |
| 1426 | reimbursed for per diem and travel expenses as provided in s. |
| 1427 | 112.061. |
| 1428 | (e) The department shall provide administrative staff |
| 1429 | support and shall ensure that council meetings are |
| 1430 | electronically recorded. Such recordings and all documents |
| 1431 | received, prepared for, or used by the council in conducting its |
| 1432 | business shall be preserved pursuant to chapters 119 and 257. |
| 1433 | Section 24. Subsection (2) of section 341.071, Florida |
| 1434 | Statutes, is amended to read: |
| 1435 | 341.071 Transit productivity and performance measures; |
| 1436 | reports.-- |
| 1437 | (2) Each public transit provider shall establish |
| 1438 | productivity and performance measures, which must be approved by |
| 1439 | the department and which must be selected from measures |
| 1440 | developed pursuant to s. 341.041(3). Each provider shall, by |
| 1441 | January 31 of each year, report to the department relative to |
| 1442 | these measures. In approving these measures, the department |
| 1443 | shall give consideration to the goals and objectives of each |
| 1444 | system, the needs of the local area, and the role for public |
| 1445 | transit in the local area. The report shall also specifically |
| 1446 | address potential enhancements to productivity and performance |
| 1447 | which would have the effect of increasing farebox recovery |
| 1448 | ratio. The report shall also specifically address the use and |
| 1449 | effectiveness of high-performance transit systems authorized in |
| 1450 | s. 163.3180 and included in a county's or the Department of |
| 1451 | Transportation's long-range plan. |
| 1452 | Section 25. Paragraph (c) of subsection (4) of section |
| 1453 | 348.0003, Florida Statutes, is amended to read: |
| 1454 | 348.0003 Expressway Authority; formation and; |
| 1455 | membership.-- |
| 1456 | (4) |
| 1457 | (c) Members of each expressway an authority, |
| 1458 | transportation authority, bridge authority, or toll authority, |
| 1459 | created pursuant to this chapter, chapter 343, or chapter 349, |
| 1460 | or pursuant to any other legislative enactment, shall be |
| 1461 | required to comply with the applicable financial disclosure |
| 1462 | requirements of s. 8, Art. II of the State Constitution. This |
| 1463 | paragraph does not subject a statutorily created expressway |
| 1464 | authority, transportation authority, bridge authority, or toll |
| 1465 | authority, other than one created under this part, to any of the |
| 1466 | requirements of this part other than those contained in this |
| 1467 | paragraph. |
| 1468 | Section 26. Subsections (3) and (7) of section 348.51, |
| 1469 | Florida Statutes, are amended to read: |
| 1470 | 348.51 Definitions.--The following terms whenever used or |
| 1471 | referred to in this part shall have the following meanings, |
| 1472 | except in those instances where the context clearly indicates |
| 1473 | otherwise: |
| 1474 | (3) "Bonds" means and includes the notes, bonds, refunding |
| 1475 | bonds, or other evidences of indebtedness or obligations, in |
| 1476 | either temporary or definitive form, which of the authority is |
| 1477 | authorized to issue issued pursuant to this part. |
| 1478 | (7) "Expressway system" or "system" means, generally, a |
| 1479 | modern highway system of roads, managed lanes, and other transit |
| 1480 | supporting facilities, bridges, causeways, and tunnels in the |
| 1481 | metropolitan area of the city, or within any area of the county, |
| 1482 | including the Tampa Bay Region as defined by those counties set |
| 1483 | forth in s. 343.91(1)(a), with access limited or unlimited as |
| 1484 | the authority may determine, and such buildings and structures |
| 1485 | and appurtenances and facilities related thereto, including all |
| 1486 | approaches, streets, roads, bridges, and avenues of access for |
| 1487 | such system. |
| 1488 | Section 27. Section 348.53, Florida Statutes, is amended |
| 1489 | to read: |
| 1490 | 348.53 Purposes of the authority.--The authority is |
| 1491 | created for the purposes and shall have power to construct, |
| 1492 | reconstruct, improve, extend, repair, maintain and operate the |
| 1493 | expressway system. It is hereby found and declared that such |
| 1494 | purposes are in all respects for the benefit of the people of |
| 1495 | the State of Florida, City of Tampa, and the County of |
| 1496 | Hillsborough, and Tampa Bay Region, for the increase of their |
| 1497 | pleasure, convenience and welfare, for the improvement of their |
| 1498 | health, to facilitate transportation, including transit support |
| 1499 | facilities, for their recreation and commerce and for the common |
| 1500 | defense. The authority shall be performing a public purpose and |
| 1501 | a governmental function in carrying out its corporate purpose |
| 1502 | and in exercising the powers granted herein. |
| 1503 | Section 28. Subsections (7) and (8) of section 348.54, |
| 1504 | Florida Statutes, are amended to read: |
| 1505 | 348.54 Powers of the authority.--Except as otherwise |
| 1506 | limited herein, the authority shall have the power: |
| 1507 | (7) To borrow money and to make and issue negotiable |
| 1508 | bonds, notes, refunding bonds, and other evidences of |
| 1509 | indebtedness or obligations, either in temporary or definitive |
| 1510 | form, hereinafter in this chapter referred to as "bonds of the |
| 1511 | authority," for the purpose of financing all or part of the |
| 1512 | improvement or extension of the expressway system, and |
| 1513 | appurtenant facilities, including all approaches, streets, |
| 1514 | roads, bridges, and avenues of access for the expressway system |
| 1515 | and for any other purpose authorized by this part and to provide |
| 1516 | for the rights of the holders thereof. |
| 1517 | (8) To secure the payment of bonds by a pledge of all or |
| 1518 | any portion of the revenues or such other moneys legally |
| 1519 | available therefor and of all or any portion of the Hillsborough |
| 1520 | County gasoline tax funds in the manner provided by this part; |
| 1521 | and in general to provide for the security of the bonds and the |
| 1522 | rights and remedies of the holders thereof. Interest upon the |
| 1523 | amount of gasoline tax funds to be repaid to the county pursuant |
| 1524 | to s. 348.60 shall be payable, at the highest rate applicable to |
| 1525 | any outstanding bonds of the authority, out of revenues and |
| 1526 | other available moneys not required to meet the authority's |
| 1527 | obligations to its bondholders. The authority shall have no |
| 1528 | power at any time or in any manner to pledge the credit or |
| 1529 | taxing power of the state or any political subdivision or |
| 1530 | agency, including the city and the county, nor shall any of the |
| 1531 | authority's obligations be deemed to be obligations of the state |
| 1532 | or of any political subdivision or agency, nor shall the state |
| 1533 | or any political subdivision or agency, except the authority, be |
| 1534 | liable for the payment of the principal of or interest on such |
| 1535 | obligations. |
| 1536 | Section 29. Section 348.545, Florida Statutes, is amended |
| 1537 | to read: |
| 1538 | 348.545 Facility improvement; bond financing |
| 1539 | authority.--Pursuant to s. 11(f), Art. VII of the State |
| 1540 | Constitution, the Legislature hereby approves for bond financing |
| 1541 | by the Tampa-Hillsborough County Expressway Authority |
| 1542 | improvements to toll collection facilities, interchanges to the |
| 1543 | legislatively approved expressway system, and any other facility |
| 1544 | appurtenant, necessary, or incidental to the approved system. |
| 1545 | Subject to terms and conditions of applicable revenue bond |
| 1546 | resolutions and covenants, such costs financing may be financed |
| 1547 | in whole or in part by revenue bonds issued pursuant to s. |
| 1548 | 348.56(1)(a) or (b) whether currently issued or issued in the |
| 1549 | future, or by a combination of such bonds. |
| 1550 | Section 30. Subsections (1) and (2) of section 348.56, |
| 1551 | Florida Statutes, are amended to read: |
| 1552 | 348.56 Bonds of the authority.-- |
| 1553 | (1)(a) Bonds may be issued on behalf of the authority |
| 1554 | pursuant to the State Bond Act. |
| 1555 | (b) Alternatively, the authority shall have the power and |
| 1556 | is hereby authorized from time to time to issue bonds in such |
| 1557 | principal amount as, in the opinion of the authority, shall be |
| 1558 | necessary to provide sufficient moneys for achieving its |
| 1559 | corporate purposes, including construction, reconstruction, |
| 1560 | improvement, extension, repair, maintenance and operation of the |
| 1561 | expressway system, the cost of acquisition of all real property, |
| 1562 | interest on bonds during construction and for a reasonable |
| 1563 | period thereafter, establishment of reserves to secure bonds, |
| 1564 | and all other expenditures of the authority incident to and |
| 1565 | necessary or convenient to carry out its corporate purposes and |
| 1566 | powers. |
| 1567 | (2)(a) Bonds issued by the authority pursuant to paragraph |
| 1568 | (1)(a) or paragraph (1)(b) shall be authorized by resolution of |
| 1569 | the members of the authority and shall bear such date or dates, |
| 1570 | mature at such time or times, not exceeding 40 years from their |
| 1571 | respective dates, bear interest at such rate or rates, not |
| 1572 | exceeding the maximum rate fixed by general law for authorities, |
| 1573 | be in such denominations, be in such form, either coupon or |
| 1574 | fully registered, carry such registration, exchangeability and |
| 1575 | interchangeability privileges, be payable in such medium of |
| 1576 | payment and at such place or places, be subject to such terms of |
| 1577 | redemption and be entitled to such priorities of lien on the |
| 1578 | revenues, other available moneys, and the Hillsborough County |
| 1579 | gasoline tax funds as such resolution or any resolution |
| 1580 | subsequent thereto may provide. The bonds shall be executed |
| 1581 | either by manual or facsimile signature by such officers as the |
| 1582 | authority shall determine, provided that such bonds shall bear |
| 1583 | at least one signature which is manually executed thereon. The |
| 1584 | coupons attached to such bonds shall bear the facsimile |
| 1585 | signature or signatures of such officer or officers as shall be |
| 1586 | designated by the authority. Such bonds shall have the seal of |
| 1587 | the authority affixed, imprinted, reproduced, or lithographed |
| 1588 | thereon. |
| 1589 | (b) The bonds issued pursuant to paragraph (1)(a) or |
| 1590 | paragraph (1)(b) shall be sold at public sale in the same manner |
| 1591 | provided in the State Bond Act, and the net interest cost to the |
| 1592 | authority on such bonds shall not exceed the maximum rate fixed |
| 1593 | by general law for authorities. If all bids received on the |
| 1594 | public sale are rejected, the authority may then proceed to |
| 1595 | negotiate for the sale of the bonds at a net interest cost which |
| 1596 | shall be less than the lowest net interest cost stated in the |
| 1597 | bids rejected at the public sale. However, if the authority |
| 1598 | determines, by official action at a public meeting, that a |
| 1599 | negotiated sale of such bonds is in the best interest of the |
| 1600 | authority, the authority may negotiate the sale of such bonds |
| 1601 | with the underwriter or underwriters designated by the authority |
| 1602 | and the Division of Bond Finance within the State Board of |
| 1603 | Administration with respect to bonds issued pursuant to |
| 1604 | paragraph (1)(a) or solely by the authority with respect to |
| 1605 | bonds issued pursuant to paragraph (1)(b). The authority's |
| 1606 | determination to negotiate the sale of such bonds may be based, |
| 1607 | in part, upon the written advice of the authority's financial |
| 1608 | adviser. Pending the preparation of definitive bonds, temporary |
| 1609 | bonds or interim certificates may be issued to the purchaser or |
| 1610 | purchasers of such bonds and may contain such terms and |
| 1611 | conditions as the authority may determine. |
| 1612 | Section 31. Section 348.565, Florida Statutes, is amended |
| 1613 | to read: |
| 1614 | 348.565 Revenue bonds for specified projects.--The |
| 1615 | existing facilities that constitute the Tampa-Hillsborough |
| 1616 | County Expressway System are hereby approved to be refinanced by |
| 1617 | the issuance of revenue bonds issued by the Division of Bond |
| 1618 | Finance of the State Board of Administration pursuant to s. |
| 1619 | 11(f), Art. VII of the State Constitution and the State Bond |
| 1620 | Act, or by revenue bonds issued by the authority pursuant to s. |
| 1621 | 348.56(1)(b). In addition, the following projects of the Tampa- |
| 1622 | Hillsborough County Expressway Authority are approved to be |
| 1623 | financed or refinanced by the issuance of revenue bonds in |
| 1624 | accordance with this part and pursuant to s. 11(f), Art. VII of |
| 1625 | the State Constitution: |
| 1626 | (1) Brandon area feeder roads. |
| 1627 | (2) Capital improvements to the expressway system, |
| 1628 | including safety and operational improvements and toll |
| 1629 | collection equipment. |
| 1630 | (3) Lee Roy Selmon Crosstown Expressway System widening. |
| 1631 | (4) The connector highway linking the Lee Roy Selmon |
| 1632 | Crosstown Expressway to Interstate 4. |
| 1633 | (5) Managed lanes and other transit support facilities. |
| 1634 | Section 32. Subsection (1) of section 348.57, Florida |
| 1635 | Statutes, is amended to read: |
| 1636 | 348.57 Refunding bonds.-- |
| 1637 | (1) Subject to public notice as provided in s. 348.54, the |
| 1638 | authority is authorized to provide by resolution for the |
| 1639 | issuance from time to time of bonds pursuant to s. 348.56(1)(b) |
| 1640 | for the purpose of refunding any bonds then outstanding |
| 1641 | regardless of whether the bonds being refunded were issued by |
| 1642 | the authority pursuant to this chapter or on behalf of the |
| 1643 | authority pursuant to the State Bond Act. The authority is |
| 1644 | further authorized to provide by resolution for the issuance of |
| 1645 | bonds for the combined purpose of: |
| 1646 | (a) Paying the cost of constructing, reconstructing, |
| 1647 | improving, extending, repairing, maintaining and operating the |
| 1648 | expressway system. |
| 1649 | (b) Refunding bonds then outstanding. The authorization, |
| 1650 | sale and issuance of such obligations, the maturities and other |
| 1651 | details thereof, the rights and remedies of the holders thereof, |
| 1652 | and the rights, powers, privileges, duties and obligations of |
| 1653 | the authority with respect to the same shall be governed by the |
| 1654 | foregoing provisions of this part insofar as the same may be |
| 1655 | applicable. |
| 1656 | Section 33. Section 348.70, Florida Statutes, is amended |
| 1657 | to read: |
| 1658 | 348.70 This part complete and additional authority.-- |
| 1659 | (1) The powers conferred by this part shall be in addition |
| 1660 | and supplemental to the existing respective powers of the |
| 1661 | authority, the department, the county, and the city, if any, and |
| 1662 | this part shall not be construed as repealing any of the |
| 1663 | provisions of any other law, general, special, or local, but |
| 1664 | shall be deemed to supersede such other law or laws in the |
| 1665 | exercise of the powers provided in this part insofar as such |
| 1666 | other law or laws are inconsistent with the provisions of this |
| 1667 | part and to provide a complete method for the exercise of the |
| 1668 | powers granted herein. The construction, reconstruction, |
| 1669 | improvement, extension, repair, maintenance, and operation of |
| 1670 | the expressway system, and the issuance of bonds hereunder to |
| 1671 | finance all or part of the cost thereof, may be accomplished |
| 1672 | upon compliance with the provisions of this part without regard |
| 1673 | to or necessity for compliance with the provisions, limitations, |
| 1674 | or restrictions contained in any other general, special, or |
| 1675 | local law, including, but not limited to, s. 215.821, and no |
| 1676 | approval of any bonds issued under this part by the qualified |
| 1677 | electors or qualified electors who are freeholders in the state |
| 1678 | or in the county or in the city or in any other political |
| 1679 | subdivision of the state shall be required for the issuance of |
| 1680 | such bonds. |
| 1681 | (2) This part does not repeal, rescind, or modify any |
| 1682 | other law or laws relating to the State Board of Administration, |
| 1683 | the Department of Transportation, or the Division of Bond |
| 1684 | Finance of the State Board of Administration, but shall |
| 1685 | supersede such other law or laws as are inconsistent with the |
| 1686 | provisions of this part, including, but not limited to, s. |
| 1687 | 215.821. |
| 1688 | Section 34. Subsection (6) of section 369.317, Florida |
| 1689 | Statutes, is amended to read: |
| 1690 | 369.317 Wekiva Parkway.-- |
| 1691 | (6) The Orlando-Orange County Expressway Authority is |
| 1692 | hereby granted the authority to act as a third-party acquisition |
| 1693 | agent, pursuant to s. 259.041 on behalf of the Board of Trustees |
| 1694 | or chapter 373 on behalf of the governing board of the St. Johns |
| 1695 | River Water Management District, for the acquisition of all |
| 1696 | necessary lands, property and all interests in property |
| 1697 | identified herein, including fee simple or less-than-fee simple |
| 1698 | interests. The lands subject to this authority are identified in |
| 1699 | paragraph 10.a., State of Florida, Office of the Governor, |
| 1700 | Executive Order 03-112 of July 1, 2003, and in Recommendation 16 |
| 1701 | of the Wekiva Basin Area Task Force created by Executive Order |
| 1702 | 2002-259, such lands otherwise known as Neighborhood Lakes, a |
| 1703 | 1,587+/- acre parcel located in Orange and Lake Counties within |
| 1704 | Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East, |
| 1705 | and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East; |
| 1706 | Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake |
| 1707 | County within Section 37, Township 19 South, Range 28 East; New |
| 1708 | Garden Coal; a 1,605+/- acre parcel in Lake County within |
| 1709 | Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28 |
| 1710 | East; Pine Plantation, a 617+/- acre tract consisting of eight |
| 1711 | individual parcels within the Apopka City limits. The Department |
| 1712 | of Transportation, the Department of Environmental Protection, |
| 1713 | the St. Johns River Water Management District, and other land |
| 1714 | acquisition entities shall participate and cooperate in |
| 1715 | providing information and support to the third-party acquisition |
| 1716 | agent. The land acquisition process authorized by this paragraph |
| 1717 | shall begin no later than December 31, 2004. Acquisition of the |
| 1718 | properties identified as Neighborhood Lakes, Pine Plantation, |
| 1719 | and New Garden Coal, or approval as a mitigation bank shall be |
| 1720 | concluded no later than December 31, 2010. Department of |
| 1721 | Transportation and Orlando-Orange County Expressway Authority |
| 1722 | funds expended to purchase an interest in those lands identified |
| 1723 | in this subsection shall be eligible as environmental mitigation |
| 1724 | for road construction related impacts in the Wekiva Study Area. |
| 1725 | If any of the lands identified in this subsection are used as |
| 1726 | environmental mitigation for road-construction-related impacts |
| 1727 | incurred by the Department of Transportation or the Orlando- |
| 1728 | Orange County Expressway Authority, or for other impacts |
| 1729 | incurred by other entities, within the Wekiva Study Area or |
| 1730 | within the Wekiva Parkway alignment corridor and, if the |
| 1731 | mitigation offsets such impacts, the St. Johns River Water |
| 1732 | Management District and the Department of Environmental |
| 1733 | Protection shall consider the activity regulated under part IV |
| 1734 | of chapter 373 to meet the cumulative impact requirements of s. |
| 1735 | 373.414(8)(a). |
| 1736 | (a) Acquisition of the land described in this section is |
| 1737 | required to provide right of way for the Wekiva Parkway, a |
| 1738 | limited access roadway linking State Road 429 to Interstate 4, |
| 1739 | an essential component in meeting regional transportation needs |
| 1740 | to provide regional connectivity, improve safety, accommodate |
| 1741 | projected population and economic growth, and satisfy critical |
| 1742 | transportation requirements caused by increased traffic volume |
| 1743 | growth and travel demands. |
| 1744 | (b) Acquisition of the lands described in this section is |
| 1745 | also required to protect the surface water and groundwater |
| 1746 | resources of Lake, Orange, and Seminole counties, otherwise |
| 1747 | known as the Wekiva Study Area, including recharge within the |
| 1748 | springshed that provides for the Wekiva River system. Protection |
| 1749 | of this area is crucial to the long term viability of the Wekiva |
| 1750 | River and springs and the central Florida region's water supply. |
| 1751 | Acquisition of the lands described in this section is also |
| 1752 | necessary to alleviate pressure from growth and development |
| 1753 | affecting the surface and groundwater resources within the |
| 1754 | recharge area. |
| 1755 | (c) Lands acquired pursuant to this section that are |
| 1756 | needed for transportation facilities for the Wekiva Parkway |
| 1757 | shall be determined not necessary for conservation purposes |
| 1758 | pursuant to ss. 253.034(6) and 373.089(5) and shall be |
| 1759 | transferred to or retained by the Orlando-Orange County |
| 1760 | Expressway Authority or the Department of Transportation upon |
| 1761 | reimbursement of the full purchase price and acquisition costs. |
| 1762 | Section 35. Paragraph (a) of subsection (7) of section |
| 1763 | 380.06, Florida Statutes, is amended to read: |
| 1764 | 380.06 Developments of regional impact.-- |
| 1765 | (7) PREAPPLICATION PROCEDURES.-- |
| 1766 | (a) Before filing an application for development approval, |
| 1767 | the developer shall contact the regional planning agency with |
| 1768 | jurisdiction over the proposed development to arrange a |
| 1769 | preapplication conference. Upon the request of the developer or |
| 1770 | the regional planning agency, other affected state and regional |
| 1771 | agencies shall participate in this conference and shall identify |
| 1772 | the types of permits issued by the agencies, the level of |
| 1773 | information required, and the permit issuance procedures as |
| 1774 | applied to the proposed development. The level-of-service |
| 1775 | standards required in the transportation methodology must be the |
| 1776 | same level-of-service standards used to evaluate concurrency in |
| 1777 | accordance with s. 163.3180. The regional planning agency shall |
| 1778 | provide the developer information to the developer about the |
| 1779 | development-of-regional-impact process and the use of |
| 1780 | preapplication conferences to identify issues, coordinate |
| 1781 | appropriate state and local agency requirements, and otherwise |
| 1782 | promote a proper and efficient review of the proposed |
| 1783 | development. If an agreement is reached regarding assumptions |
| 1784 | and methodology to be used in the application for development |
| 1785 | approval, the reviewing agencies may not subsequently object to |
| 1786 | those assumptions and methodologies unless subsequent changes to |
| 1787 | the project or information obtained during the review make those |
| 1788 | assumptions and methodologies inappropriate. |
| 1789 | Section 36. Sections 479.01, 479.015, 479.02, 479.03, |
| 1790 | 479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106, |
| 1791 | 479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155, |
| 1792 | 479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes, |
| 1793 | are designated as part I of chapter 479, Florida Statutes. |
| 1794 | Section 37. Sections 479.261, 479.262, 479.27, 479.28, and |
| 1795 | 479.30, Florida Statutes, are designated as part II of chapter |
| 1796 | 479, Florida Statutes. |
| 1797 | Section 38. Part III of chapter 479, Florida Statutes, |
| 1798 | consisting of sections 479.310, 479.311, 479.312, 479.313, and |
| 1799 | 479.314, is created to read: |
| 1800 | PART III |
| 1801 | SIGN REMOVAL |
| 1802 | 479.310 Legislative intent.--It is the intent of this part |
| 1803 | to relieve the department from the financial burden incurred in |
| 1804 | the removal of unpermitted and illegal signs located within the |
| 1805 | controlled areas adjacent to the State Highway System, |
| 1806 | interstate, or federal-aid primary system; to place the |
| 1807 | financial responsibility for the cost of such removal directly |
| 1808 | upon those benefiting from the location and operation of such |
| 1809 | unpermitted and illegal signs; and to provide clear authority to |
| 1810 | the department for the recovery of cost incurred by the |
| 1811 | department in the removal of such unpermitted and illegal signs. |
| 1812 | 479.311 Jurisdiction; venue.--The county court shall have |
| 1813 | jurisdiction concurrent with the circuit court to consider |
| 1814 | claims filed by the department in amounts that are within their |
| 1815 | jurisdictional limitations. Venue shall be the Leon County for |
| 1816 | the purpose of a claim filed by the department to recover its |
| 1817 | costs as provided in this section. |
| 1818 | 479.312 Unpermitted signs; cost of removal.--All costs |
| 1819 | incurred by the department in connection with the removal of a |
| 1820 | sign located within a controlled area adjacent to the interstate |
| 1821 | highway system, the federal-aid primary highway system, or the |
| 1822 | State Highway System shall be assessed against and collected |
| 1823 | from the following persons if they have not been issued a permit |
| 1824 | under part I of this chapter: |
| 1825 | (1) The owner of the sign; |
| 1826 | (2) The advertiser displayed on the sign; or |
| 1827 | (3) The owner of the property upon which the sign is |
| 1828 | located. |
| 1829 | |
| 1830 | For the purpose of this subsection, a sign that does not display |
| 1831 | the name of the owner of the sign shall be presumed to be owned |
| 1832 | by the owner of the property upon which the sign is located. |
| 1833 | 479.313 Permit revocation; cost of removal.--All costs |
| 1834 | incurred by the department in connection with the removal of a |
| 1835 | sign located within a controlled area adjacent to the interstate |
| 1836 | highway system, the federal-aid primary highway system, or the |
| 1837 | State Highway System following the revocation of the permit for |
| 1838 | such sign shall be assessed against and collected from the |
| 1839 | permittee. |
| 1840 | 479.314 Highway rights-of-way; cost of sign removal.--All |
| 1841 | costs incurred by the department in connection with the removal |
| 1842 | of a sign located within a right-of-way of the interstate |
| 1843 | highway system, the federal-aid primary highway system, or the |
| 1844 | State Highway System shall be assessed against and collected |
| 1845 | from the owner of the sign or the advertiser displayed on the |
| 1846 | sign. |
| 1847 | Section 39. Section 705.18, Florida Statutes, is amended |
| 1848 | to read: |
| 1849 | 705.18 Disposal of personal property lost or abandoned on |
| 1850 | university or community college campuses or certain public-use |
| 1851 | airports; disposition of proceeds from sale thereof.-- |
| 1852 | (1) Whenever any lost or abandoned personal property shall |
| 1853 | be found on a campus of an institution in the State University |
| 1854 | System or a campus of a state-supported community college, or on |
| 1855 | premises owned or controlled by the operator of a public-use |
| 1856 | airport having regularly scheduled international passenger |
| 1857 | service, the president of the institution or the president's |
| 1858 | designee or the director of the airport or the director's |
| 1859 | designee shall take charge thereof and make a record of the date |
| 1860 | such property was found. If, within 30 days after such property |
| 1861 | is found, or a longer period of time as may be deemed |
| 1862 | appropriate by the president or the director under the |
| 1863 | circumstances, the property it is not claimed by the owner, the |
| 1864 | president or director shall order it sold at public outcry after |
| 1865 | giving notice of the time and place of sale in a publication of |
| 1866 | general circulation on the campus of such institution or within |
| 1867 | the county where the airport is located and written notice to |
| 1868 | the owner if known. The rightful owner of such property may |
| 1869 | reclaim the same at any time prior to sale. |
| 1870 | (2) All moneys realized from such institution's sale shall |
| 1871 | be placed in an appropriate fund and used solely for student |
| 1872 | scholarship and loan purposes. All moneys realized from such |
| 1873 | sale by an airport, less its costs of storage, transportation, |
| 1874 | and publication of notice, shall, unless another use is required |
| 1875 | by federal law, be deposited into the state school fund. |
| 1876 | Section 40. Section 705.182, Florida Statutes, is created |
| 1877 | to read: |
| 1878 | 705.182 Disposal of personal property found on the |
| 1879 | premises of public-use airports.-- |
| 1880 | (1) Whenever any personal property, other than an aircraft |
| 1881 | or motor vehicle, is found on premises owned or controlled by |
| 1882 | the operator of a public-use airport, the director of the |
| 1883 | airport or the director's designee shall take charge thereof and |
| 1884 | make a record of the date such property was found. |
| 1885 | (2) If, within 30 calendar days after such property is |
| 1886 | found or for a longer period of time as may be deemed |
| 1887 | appropriate by the director or the director's designee under the |
| 1888 | circumstances, the property is not claimed by the owner, the |
| 1889 | director or the director's designee may: |
| 1890 | (a) Retain any or all of the property for use by the |
| 1891 | airport or for use by the state or the unit of local government |
| 1892 | owning or operating the airport; |
| 1893 | (b) Trade such property to another unit of local |
| 1894 | government or a state agency; |
| 1895 | (c) Donate the property to a charitable organization; |
| 1896 | (d) Sell the property; or |
| 1897 | (e) Dispose of the property through an appropriate refuse |
| 1898 | removal company or a company that provides salvage services for |
| 1899 | the type of personal property found or located on the airport |
| 1900 | premises. |
| 1901 | (3) The airport shall notify the owner, if known, of the |
| 1902 | property found on the airport premises and that the airport |
| 1903 | intends to dispose of the property as provided in subsection |
| 1904 | (2). |
| 1905 | (4) If the airport elects to sell the property under |
| 1906 | paragraph (2)(d), the property must be sold at a public auction |
| 1907 | either on the Internet or at a specified physical location after |
| 1908 | giving notice of the time and place of sale, at least 10 |
| 1909 | calendar days prior to the date of sale, in a publication of |
| 1910 | general circulation within the county where the airport is |
| 1911 | located and after written notice, via certified mail, return |
| 1912 | receipt requested, is provided to the owner, if known. Any such |
| 1913 | notice shall be sufficient if the notice refers to the airport's |
| 1914 | intention to sell all then-accumulated found property, and there |
| 1915 | is no requirement that the notice identify each item to be sold. |
| 1916 | The rightful owner of such property may reclaim the property at |
| 1917 | any time prior to sale by presenting acceptable evidence of |
| 1918 | ownership to the airport director or the director's designee. |
| 1919 | All proceeds from the sale of the property shall be retained by |
| 1920 | the airport for use by the airport in any lawfully authorized |
| 1921 | manner. |
| 1922 | (5) Nothing in this section shall preclude the airport |
| 1923 | from allowing a domestic or international air carrier or other |
| 1924 | tenant, on premises owned or controlled by the operator of a |
| 1925 | public-use airport, to establish its own lost and found |
| 1926 | procedures for personal property and to dispose of such personal |
| 1927 | property. |
| 1928 | (6) A purchaser or recipient in good faith of personal |
| 1929 | property sold or obtained under this section shall take the |
| 1930 | property free of the rights of persons then holding any legal or |
| 1931 | equitable interest thereto, whether or not recorded. |
| 1932 | Section 41. Section 705.183, Florida Statutes, is created |
| 1933 | to read: |
| 1934 | 705.183 Disposal of derelict or abandoned aircraft on the |
| 1935 | premises of public-use airports.-- |
| 1936 | (1)(a) Whenever any derelict or abandoned aircraft is |
| 1937 | found or located on premises owned or controlled by the operator |
| 1938 | of a public-use airport, whether or not such premises are under |
| 1939 | a lease or license to a third party, the director of the airport |
| 1940 | or the director's designee shall make a record of the date the |
| 1941 | aircraft was found or determined to be present on the airport |
| 1942 | premises. |
| 1943 | (b) For purposes of this section, the term: |
| 1944 | 1. "Abandoned aircraft" means an aircraft that has been |
| 1945 | disposed of on a public-use airport in a wrecked, inoperative, |
| 1946 | or partially dismantled condition or an aircraft that has |
| 1947 | remained in an idle state on premises owned or controlled by the |
| 1948 | operator of a public-use airport for 45 consecutive calendar |
| 1949 | days. |
| 1950 | 2. "Derelict aircraft" means any aircraft that is not in a |
| 1951 | flyable condition, does not have a current certificate of air |
| 1952 | worthiness issued by the Federal Aviation Administration, and is |
| 1953 | not in the process of actively being repaired. |
| 1954 | (2) The director or the director's designee shall contact |
| 1955 | the Federal Aviation Administration, Aircraft Registration |
| 1956 | Branch, to determine the name and address of the last registered |
| 1957 | owner of the aircraft and shall make a diligent personal search |
| 1958 | of the appropriate records, or contact an aircraft title search |
| 1959 | company, to determine the name and address of any person having |
| 1960 | an equitable or legal interest in the aircraft. Within 10 |
| 1961 | business days after receipt of the information, the director or |
| 1962 | the director's designee shall notify the owner and all persons |
| 1963 | having an equitable or legal interest in the aircraft by |
| 1964 | certified mail, return receipt requested, of the location of the |
| 1965 | derelict or abandoned aircraft on the airport premises, that |
| 1966 | fees and charges for the use of the airport by the aircraft have |
| 1967 | accrued and the amount thereof, that the aircraft is subject to |
| 1968 | a lien under subsection (5) for the accrued fees and charges for |
| 1969 | the use of the airport and for the transportation, storage, and |
| 1970 | removal of the aircraft, that the lien is subject to enforcement |
| 1971 | pursuant to law, and that the airport may cause the use, trade, |
| 1972 | sale, or removal of the aircraft as described in s. |
| 1973 | 705.182(2)(a), (b), (d), or (e) if, within 30 calendar days |
| 1974 | after the date of receipt of such notice, the aircraft has not |
| 1975 | been removed from the airport upon payment in full of all |
| 1976 | accrued fees and charges for the use of the airport and for the |
| 1977 | transportation, storage, and removal of the aircraft. Such |
| 1978 | notice may require removal of the aircraft in less than 30 |
| 1979 | calendar days if the aircraft poses a danger to the health or |
| 1980 | safety of users of the airport, as determined by the director or |
| 1981 | the director's designee. |
| 1982 | (3) If the owner of the aircraft is unknown or cannot be |
| 1983 | found, the director or the director's designee shall cause a |
| 1984 | laminated notice to be placed upon such aircraft in |
| 1985 | substantially the following form: |
| 1986 |
|
| 1987 | NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED |
| 1988 | PROPERTY. This property, to wit: (setting forth brief |
| 1989 | description) is unlawfully upon public property known as |
| 1990 | (setting forth brief description of location) and has accrued |
| 1991 | fees and charges for the use of the (same description of |
| 1992 | location as above) and for the transportation, storage, and |
| 1993 | removal of the property. These accrued fees and charges must be |
| 1994 | paid in full and the property must be removed within 30 calendar |
| 1995 | days after the date of this notice; otherwise, the property will |
| 1996 | be removed and disposed of pursuant to chapter 705, Florida |
| 1997 | Statutes. The property is subject to a lien for all accrued fees |
| 1998 | and charges for the use of the public property known as (same |
| 1999 | description of location as above) by such property and for all |
| 2000 | fees and charges incurred by the public property known as (same |
| 2001 | description of location as above) for the transportation, |
| 2002 | storage, and removal of the property. This lien is subject to |
| 2003 | enforcement pursuant to law. The owner will be liable for such |
| 2004 | fees and charges, as well as the cost for publication of this |
| 2005 | notice. Dated this: (setting forth the date of posting of |
| 2006 | notice), signed: (setting forth name, title, address, and |
| 2007 | telephone number of law enforcement officer). |
| 2008 |
|
| 2009 | Such notice shall be not less than 8 inches by 10 inches and |
| 2010 | shall be sufficiently weatherproof to withstand normal exposure |
| 2011 | to the weather. If, at the end of 30 calendar days after posting |
| 2012 | the notice, the owner or any person interested in the described |
| 2013 | derelict or abandoned aircraft has not removed the aircraft from |
| 2014 | the airport upon payment in full of all accrued fees and charges |
| 2015 | for the use of the airport and for the transportation, storage, |
| 2016 | and removal of the aircraft, or shown reasonable cause for |
| 2017 | failure to do so, the director or the director's designee may |
| 2018 | cause the use, trade, sale, or removal of the aircraft as |
| 2019 | described in s. 705.182(2)(a), (b), (d), or (e). |
| 2020 | (4) Such aircraft shall be removed within the time period |
| 2021 | specified in the notice provided under subsection (2) or |
| 2022 | subsection (3). If, at the end of such period of time, the owner |
| 2023 | or any person interested in the described derelict or abandoned |
| 2024 | aircraft has not removed the aircraft from the airport upon |
| 2025 | payment in full of all accrued fees and charges for the use of |
| 2026 | the airport and for the transportation, storage, and removal of |
| 2027 | the aircraft, or shown reasonable cause for the failure to do |
| 2028 | so, the director or the director's designee may cause the use, |
| 2029 | trade, sale, or removal of the aircraft as described in s. |
| 2030 | 705.182(2)(a), (b), (d), or (e). |
| 2031 | (a) If the airport elects to sell the aircraft in |
| 2032 | accordance with s. 705.182(2)(d), the aircraft must be sold at |
| 2033 | public auction after giving notice of the time and place of |
| 2034 | sale, at least 10 calendar days prior to the date of sale, in a |
| 2035 | publication of general circulation within the county where the |
| 2036 | airport is located and after providing written notice of the |
| 2037 | intended sale to all parties known to have an interest in the |
| 2038 | aircraft. |
| 2039 | (b) If the airport elects to dispose of the aircraft in |
| 2040 | accordance with s. 705.182(2)(e), the airport shall be entitled |
| 2041 | to negotiate with the company for a price to be received from |
| 2042 | such company in payment for the aircraft, or, if circumstances |
| 2043 | so warrant, a price to be paid to such company by the airport |
| 2044 | for the costs of disposing of the aircraft. All information |
| 2045 | pertaining to the establishment of such price and the |
| 2046 | justification for the amount of such price shall be prepared and |
| 2047 | maintained by the airport, and such negotiated price shall be |
| 2048 | deemed to be a commercially reasonable price. |
| 2049 | (c) If the sale price or the negotiated price is less than |
| 2050 | the airport's then current charges and costs against the |
| 2051 | aircraft, or if the airport is required to pay the salvage |
| 2052 | company for its services, the owner of the aircraft shall remain |
| 2053 | liable to the airport for the airport's costs that are not |
| 2054 | offset by the sale price or negotiated price, in addition to the |
| 2055 | owner's liability for payment to the airport of the price the |
| 2056 | airport was required to pay any salvage company. All costs |
| 2057 | incurred by the airport in the removal, storage, and sale of any |
| 2058 | aircraft shall be recoverable against the owner thereof. |
| 2059 | (5) The airport shall have a lien on a derelict or |
| 2060 | abandoned aircraft for all fees and charges for the use of the |
| 2061 | airport by such aircraft and for all fees and charges incurred |
| 2062 | by the airport for the transportation, storage, and removal of |
| 2063 | the aircraft. As a prerequisite to perfecting a lien under this |
| 2064 | section, the airport director or the director's designee must |
| 2065 | serve a notice in accordance with subsection (2) on the last |
| 2066 | registered owner and all persons having an equitable or legal |
| 2067 | interest in the aircraft. Serving the notice does not dispense |
| 2068 | with recording the claim of lien. |
| 2069 | (6)(a) For the purpose of perfecting its lien under this |
| 2070 | section, the airport shall record a claim of lien which shall |
| 2071 | state: |
| 2072 | 1. The name and address of the airport. |
| 2073 | 2. The name of the last registered owner of the aircraft |
| 2074 | and all persons having a legal or equitable interest in the |
| 2075 | aircraft. |
| 2076 | 3. The fees and charges incurred by the aircraft for the |
| 2077 | use of the airport and the fees and charges for the |
| 2078 | transportation, storage, and removal of the aircraft. |
| 2079 | 4. A description of the aircraft sufficient for |
| 2080 | identification. |
| 2081 | (b) The claim of lien shall be signed and sworn to or |
| 2082 | affirmed by the airport director or the director's designee. |
| 2083 | (c) The claim of lien shall be sufficient if it is in |
| 2084 | substantially the following form: |
| 2085 |
|
| 2086 | CLAIM OF LIEN |
| 2087 | State of ______ |
| 2088 | County of ______ |
| 2089 | Before me, the undersigned notary public, personally appeared |
| 2090 | ______, who was duly sworn and says that he/she is the |
| 2091 | ________of ________, whose address is________; and that the |
| 2092 | following described aircraft: |
| 2093 | (Description of aircraft) |
| 2094 | owned by __________, whose address is ____________, has accrued |
| 2095 | $___________in fees and charges for the use by the aircraft of |
| 2096 | ______________ and for the transportation, storage, and removal |
| 2097 | of the aircraft from _______________; that the lienor served its |
| 2098 | notice to the last registered owner and all persons having a |
| 2099 | legal or equitable interest in the aircraft on ____, (year), |
| 2100 | by________. |
| 2101 | (Signature) |
| 2102 | Sworn to (or affirmed) and subscribed before me this _____day |
| 2103 | of___, (year), by (name of person making statement). |
| 2104 | (Signature of Notary Public)(Print, Type, or Stamp Commissioned |
| 2105 | name of Notary Public) |
| 2106 | Personally Known___OR Produced_____as identification. |
| 2107 |
|
| 2108 | However, the negligent inclusion or omission of any information |
| 2109 | in this claim of lien which does not prejudice the last |
| 2110 | registered owner does not constitute a default that operates to |
| 2111 | defeat an otherwise valid lien. |
| 2112 | (d) The claim of lien shall be served on the last |
| 2113 | registered owner of the aircraft and all persons having an |
| 2114 | equitable or legal interest in the aircraft. The claim of lien |
| 2115 | shall be so served before recordation. |
| 2116 | (e) The claim of lien shall be recorded with the clerk of |
| 2117 | court in the county where the airport is located. The recording |
| 2118 | of the claim of lien shall be constructive notice to all persons |
| 2119 | of the contents and effect of such claim. The lien shall attach |
| 2120 | at the time of recordation and shall take priority as of that |
| 2121 | time. |
| 2122 | (7) A purchaser or recipient in good faith of an aircraft |
| 2123 | sold or obtained under this section takes the property free of |
| 2124 | the rights of persons then holding any legal or equitable |
| 2125 | interest thereto, whether or not recorded. The purchaser or |
| 2126 | recipient is required to notify the appropriate Federal Aviation |
| 2127 | Administration office of such change in the registered owner of |
| 2128 | the aircraft. |
| 2129 | (8) If the aircraft is sold at public sale, the airport |
| 2130 | shall deduct from the proceeds of sale the costs of |
| 2131 | transportation, storage, publication of notice, and all other |
| 2132 | costs reasonably incurred by the airport, and any balance of the |
| 2133 | proceeds shall be deposited into an interest-bearing account not |
| 2134 | later than 30 calendar days after the airport's receipt of the |
| 2135 | proceeds and held there for 1 year. The rightful owner of the |
| 2136 | aircraft may claim the balance of the proceeds within 1 year |
| 2137 | after the date of the deposit by making application to the |
| 2138 | airport and presenting acceptable written evidence of ownership |
| 2139 | to the airport's director or the director's designee. If no |
| 2140 | rightful owner claims the proceeds within the 1-year time |
| 2141 | period, the balance of the proceeds shall be retained by the |
| 2142 | airport to be used in any manner authorized by law. |
| 2143 | (9) Any person acquiring a legal interest in an aircraft |
| 2144 | that is sold by an airport under this section or s. 705.182 |
| 2145 | shall be the lawful owner of such aircraft and all other legal |
| 2146 | or equitable interests in such aircraft shall be divested and of |
| 2147 | no further force and effect, provided that the holder of any |
| 2148 | such legal or equitable interests was notified of the intended |
| 2149 | disposal of the aircraft to the extent required in this section. |
| 2150 | The airport may issue documents of disposition to the purchaser |
| 2151 | or recipient of an aircraft disposed of under this section. |
| 2152 | Section 42. Section 705.184, Florida Statutes, is created |
| 2153 | to read: |
| 2154 | 705.184 Derelict or abandoned motor vehicles on the |
| 2155 | premises of public-use airports.-- |
| 2156 | (1)(a) Whenever any derelict or abandoned motor vehicle is |
| 2157 | found on premises owned or controlled by the operator of a |
| 2158 | public-use airport, including airport premises leased to a third |
| 2159 | party, the director of the airport or the director's designee |
| 2160 | may take charge thereof and make a record of the date such motor |
| 2161 | vehicle was found. |
| 2162 | (b) For purposes of this section, the term: |
| 2163 | 1. "Abandoned motor vehicle" means a motor vehicle that |
| 2164 | has been disposed of on a public-use airport in a wrecked, |
| 2165 | inoperative, or partially dismantled condition or a motor |
| 2166 | vehicle that has remained in an idle state on the premises of a |
| 2167 | public-use airport for 45 consecutive calendar days. |
| 2168 | 2. "Derelict motor vehicle" means any motor vehicle that |
| 2169 | is not in a drivable condition. |
| 2170 | (c) After the information relating to the abandoned or |
| 2171 | derelict motor vehicle is recorded in the airport's records, the |
| 2172 | director or the director's designee may cause the motor vehicle |
| 2173 | to be removed from airport premises by the airport's wrecker or |
| 2174 | by a licensed independent wrecker company to be stored at a |
| 2175 | suitable location on or off the airport premises. If the motor |
| 2176 | vehicle is to be removed from airport premises by the airport's |
| 2177 | wrecker, the airport must follow the procedures in subsections |
| 2178 | (2)-(8). The procedures in subsections (2)-(8) do not apply if |
| 2179 | the motor vehicle is removed from the airport premises by a |
| 2180 | licensed independent wrecker company. |
| 2181 | (2) The airport director or the director's designee shall |
| 2182 | contact the Department of Highway Safety and Motor Vehicles to |
| 2183 | notify that department that the airport has possession of the |
| 2184 | abandoned or derelict motor vehicle and to determine the name |
| 2185 | and address of the owner of the motor vehicle, the insurance |
| 2186 | company insuring the motor vehicle notwithstanding the |
| 2187 | provisions of s. 627.736, and any person who has filed a lien on |
| 2188 | the motor vehicle. Within 7 business days after receipt of the |
| 2189 | information, the director or the director's designee shall send |
| 2190 | notice by certified mail, return receipt requested, to the owner |
| 2191 | of the motor vehicle, the insurance company insuring the motor |
| 2192 | vehicle notwithstanding the provisions of s. 627.736, and all |
| 2193 | persons of record claiming a lien against the motor vehicle. The |
| 2194 | notice shall state the fact of possession of the motor vehicle, |
| 2195 | that charges for reasonable towing, storage, and parking fees, |
| 2196 | if any, have accrued and the amount thereof, that a lien as |
| 2197 | provided in subsection (6) will be claimed, that the lien is |
| 2198 | subject to enforcement pursuant to law, that the owner or |
| 2199 | lienholder, if any, has the right to a hearing as set forth in |
| 2200 | subsection (4), and that any motor vehicle which, at the end of |
| 2201 | 30 calendar days after receipt of the notice, has not been |
| 2202 | removed from the airport upon payment in full of all accrued |
| 2203 | charges for reasonable towing, storage, and parking fees, if |
| 2204 | any, may be disposed of as provided in s. 705.182(2)(a), (b), |
| 2205 | (d), or (e), including, but not limited to, the motor vehicle |
| 2206 | being sold free of all prior liens after 35 calendar days after |
| 2207 | the time the motor vehicle is stored if any prior liens on the |
| 2208 | motor vehicle are more than 5 years of age or after 50 calendar |
| 2209 | days after the time the motor vehicle is stored if any prior |
| 2210 | liens on the motor vehicle are 5 years of age or less. |
| 2211 | (3) If attempts to notify the owner or lienholder pursuant |
| 2212 | to subsection (2) are not successful, the requirement of notice |
| 2213 | by mail shall be considered met and the director or the |
| 2214 | director's designee, in accordance with subsection (5), may |
| 2215 | cause the motor vehicle to be disposed of as provided in s. |
| 2216 | 705.182(2)(a), (b), (d), or (e), including, but not limited to, |
| 2217 | the motor vehicle being sold free of all prior liens after 35 |
| 2218 | calendar days after the time the motor vehicle is stored if any |
| 2219 | prior liens on the motor vehicle are more than 5 years of age or |
| 2220 | after 50 calendar days after the time the motor vehicle is |
| 2221 | stored if any prior liens on the motor vehicle are 5 years of |
| 2222 | age or less. |
| 2223 | (4)(a) The owner of, or any person with a lien on, a motor |
| 2224 | vehicle removed pursuant to subsection (1), may, within 10 |
| 2225 | calendar days after the time he or she has knowledge of the |
| 2226 | location of the motor vehicle, file a complaint in the county |
| 2227 | court of the county in which the motor vehicle is stored to |
| 2228 | determine if his or her property was wrongfully taken or |
| 2229 | withheld. |
| 2230 | (b) Upon filing a complaint, an owner or lienholder may |
| 2231 | have his or her motor vehicle released upon posting with the |
| 2232 | court a cash or surety bond or other adequate security equal to |
| 2233 | the amount of the fees for towing, storage, and accrued parking, |
| 2234 | if any, to ensure the payment of such fees in the event he or |
| 2235 | she does not prevail. Upon the posting of the bond or other |
| 2236 | adequate security and the payment of any applicable fee, the |
| 2237 | clerk of the court shall issue a certificate notifying the |
| 2238 | airport of the posting of the bond or other adequate security |
| 2239 | and directing the airport to release the motor vehicle. At the |
| 2240 | time of such release, after reasonable inspection, the owner or |
| 2241 | lienholder shall give a receipt to the airport reciting any |
| 2242 | claims he or she has for loss or damage to the motor vehicle or |
| 2243 | the contents thereof. |
| 2244 | (5) If, after 30 calendar days after receipt of the |
| 2245 | notice, the owner or any person claiming a lien has not removed |
| 2246 | the motor vehicle from its storage location upon payment in full |
| 2247 | of all accrued charges for reasonable towing, storage, and |
| 2248 | parking fees, if any, or shown reasonable cause for the failure |
| 2249 | to do so, the airport director or the director's designee may |
| 2250 | dispose of the motor vehicle as provided in s. 705.182(2)(a), |
| 2251 | (b), (d), or (e). If the airport elects to sell the motor |
| 2252 | vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be |
| 2253 | sold free of all prior liens after 35 calendar days after the |
| 2254 | time the motor vehicle is stored if any prior liens on the motor |
| 2255 | vehicle are more than 5 years of age or after 50 calendar days |
| 2256 | after the time the motor vehicle is stored if any prior liens on |
| 2257 | the motor vehicle are 5 years of age or less. The sale shall be |
| 2258 | a public auction either on the Internet or at a specified |
| 2259 | physical location. If the date of the sale was not included in |
| 2260 | the notice required in subsection (2), notice of the sale, sent |
| 2261 | by certified mail, return receipt requested, shall be given to |
| 2262 | the owner of the motor vehicle and to all persons claiming a |
| 2263 | lien on the motor vehicle. Such notice shall be mailed not less |
| 2264 | than 10 calendar days before the date of the sale. In addition |
| 2265 | to the notice by mail, public notice of the time and place of |
| 2266 | the sale at auction shall be made by publishing a notice thereof |
| 2267 | one time, at least 10 calendar days prior to the date of sale, |
| 2268 | in a newspaper of general circulation in the county in which the |
| 2269 | sale is to be held. All costs incurred by the airport for the |
| 2270 | towing, storage, and sale of the motor vehicle, as well as all |
| 2271 | accrued parking fees, if any, shall be recovered by the airport |
| 2272 | from the proceeds of the sale, and any proceeds of the sale in |
| 2273 | excess of such costs shall be retained by the airport for use by |
| 2274 | the airport in any manner authorized by law. |
| 2275 | (6) The airport pursuant to this section or, if used, a |
| 2276 | licensed independent wrecker company pursuant to s. 713.78 shall |
| 2277 | have a lien on an abandoned or derelict motor vehicle for all |
| 2278 | reasonable towing, storage, and accrued parking fees, if any, |
| 2279 | except that no storage fee shall be charged if the motor vehicle |
| 2280 | is stored less than 6 hours. As a prerequisite to perfecting a |
| 2281 | lien under this section, the airport director or the director's |
| 2282 | designee must serve a notice in accordance with subsection (2) |
| 2283 | on the owner of the motor vehicle, the insurance company |
| 2284 | insuring the motor vehicle notwithstanding the provisions of s. |
| 2285 | 627.736, and all persons of record claiming a lien against the |
| 2286 | motor vehicle. If attempts to notify the owner, the insurance |
| 2287 | company insuring the motor vehicle notwithstanding the |
| 2288 | provisions of s. 627.736, or lienholders are not successful, the |
| 2289 | requirement of notice by mail shall be considered met. Serving |
| 2290 | of the notice does not dispense with recording the claim of |
| 2291 | lien. |
| 2292 | (7)(a) For the purpose of perfecting its lien under this |
| 2293 | section, the airport shall record a claim of lien which shall |
| 2294 | state: |
| 2295 | 1. The name and address of the airport. |
| 2296 | 2. The name of the owner of the motor vehicle, the |
| 2297 | insurance company insuring the motor vehicle notwithstanding the |
| 2298 | provisions of s. 627.736, and all persons of record claiming a |
| 2299 | lien against the motor vehicle. |
| 2300 | 3. The costs incurred from reasonable towing, storage, and |
| 2301 | parking fees, if any. |
| 2302 | 4. A description of the motor vehicle sufficient for |
| 2303 | identification. |
| 2304 | (b) The claim of lien shall be signed and sworn to or |
| 2305 | affirmed by the airport director or the director's designee. |
| 2306 | (c) The claim of lien shall be sufficient if it is in |
| 2307 | substantially the following form: |
| 2308 |
|
| 2309 | CLAIM OF LIEN |
| 2310 | State of ______ |
| 2311 | County of ______ |
| 2312 | Before me, the undersigned notary public, personally appeared |
| 2313 | ______, who was duly sworn and says that he/she is the |
| 2314 | ________of _____________, whose address is________; and that the |
| 2315 | following described motor vehicle: |
| 2316 | (Description of motor vehicle) |
| 2317 | owned by __________, whose address is ____________, has accrued |
| 2318 | $___________in fees for a reasonable tow, for storage, and for |
| 2319 | parking, if applicable; that the lienor served its notice to the |
| 2320 | owner, the insurance company insuring the motor vehicle |
| 2321 | notwithstanding the provisions of s. 627.736, Florida Statutes, |
| 2322 | and all persons of record claiming a lien against the motor |
| 2323 | vehicle on ____, (year), by________. |
| 2324 | (Signature) |
| 2325 | Sworn to (or affirmed) and subscribed before me this _____day |
| 2326 | of___, (year), by (name of person making statement). |
| 2327 | (Signature of Notary Public)(Print, Type, or Stamp Commissioned |
| 2328 | name of Notary Public) |
| 2329 | Personally Known___OR Produced_____as identification. |
| 2330 |
|
| 2331 | However, the negligent inclusion or omission of any information |
| 2332 | in this claim of lien which does not prejudice the owner does |
| 2333 | not constitute a default that operates to defeat an otherwise |
| 2334 | valid lien. |
| 2335 | (d) The claim of lien shall be served on the owner of the |
| 2336 | motor vehicle, the insurance company insuring the motor vehicle |
| 2337 | notwithstanding the provisions of s. 627.736, and all persons of |
| 2338 | record claiming a lien against the motor vehicle. If attempts to |
| 2339 | notify the owner, the insurance company insuring the motor |
| 2340 | vehicle notwithstanding the provisions of s. 627.736, or |
| 2341 | lienholders are not successful, the requirement of notice by |
| 2342 | mail shall be considered met. The claim of lien shall be so |
| 2343 | served before recordation. |
| 2344 | (e) The claim of lien shall be recorded with the clerk of |
| 2345 | court in the county where the airport is located. The recording |
| 2346 | of the claim of lien shall be constructive notice to all persons |
| 2347 | of the contents and effect of such claim. The lien shall attach |
| 2348 | at the time of recordation and shall take priority as of that |
| 2349 | time. |
| 2350 | (8) A purchaser or recipient in good faith of a motor |
| 2351 | vehicle sold or obtained under this section takes the property |
| 2352 | free of the rights of persons then holding any legal or |
| 2353 | equitable interest thereto, whether or not recorded. |
| 2354 | Section 43. Subsection (3) of section 288.063, Florida |
| 2355 | Statutes, is amended to read: |
| 2356 | 288.063 Contracts for transportation projects.-- |
| 2357 | (3) With respect to any contract executed pursuant to this |
| 2358 | section, the term "transportation project" means a |
| 2359 | transportation facility as defined in s. 334.03(28)(31) which is |
| 2360 | necessary in the judgment of the Office of Tourism, Trade, and |
| 2361 | Economic Development to facilitate the economic development and |
| 2362 | growth of the state. Except for applications received prior to |
| 2363 | July 1, 1996, such transportation projects shall be approved |
| 2364 | only as a consideration to attract new employment opportunities |
| 2365 | to the state or expand or retain employment in existing |
| 2366 | companies operating within the state, or to allow for the |
| 2367 | construction or expansion of a state or federal correctional |
| 2368 | facility in a county with a population of 75,000 or less that |
| 2369 | creates new employment opportunities or expands or retains |
| 2370 | employment in the county. The Office of Tourism, Trade, and |
| 2371 | Economic Development shall institute procedures to ensure that |
| 2372 | small and minority businesses have equal access to funding |
| 2373 | provided under this section. Funding for approved transportation |
| 2374 | projects may include any expenses, other than administrative |
| 2375 | costs and equipment purchases specified in the contract, |
| 2376 | necessary for new, or improvement to existing, transportation |
| 2377 | facilities. Funds made available pursuant to this section may |
| 2378 | not be expended in connection with the relocation of a business |
| 2379 | from one community to another community in this state unless the |
| 2380 | Office of Tourism, Trade, and Economic Development determines |
| 2381 | that without such relocation the business will move outside this |
| 2382 | state or determines that the business has a compelling economic |
| 2383 | rationale for the relocation which creates additional jobs. |
| 2384 | Subject to appropriation for projects under this section, any |
| 2385 | appropriation greater than $10 million shall be allocated to |
| 2386 | each of the districts of the Department of Transportation to |
| 2387 | ensure equitable geographical distribution. Such allocated funds |
| 2388 | that remain uncommitted by the third quarter of the fiscal year |
| 2389 | shall be reallocated among the districts based on pending |
| 2390 | project requests. |
| 2391 | Section 44. Paragraph (b) of subsection (3) of section |
| 2392 | 311.07, Florida Statutes, is amended to read: |
| 2393 | 311.07 Florida seaport transportation and economic |
| 2394 | development funding.-- |
| 2395 | (3) |
| 2396 | (b) Projects eligible for funding by grants under the |
| 2397 | program are limited to the following port facilities or port |
| 2398 | transportation projects: |
| 2399 | 1. Transportation facilities within the jurisdiction of |
| 2400 | the port. |
| 2401 | 2. The dredging or deepening of channels, turning basins, |
| 2402 | or harbors. |
| 2403 | 3. The construction or rehabilitation of wharves, docks, |
| 2404 | structures, jetties, piers, storage facilities, cruise |
| 2405 | terminals, automated people mover systems, or any facilities |
| 2406 | necessary or useful in connection with any of the foregoing. |
| 2407 | 4. The acquisition of vessel tracking systems, container |
| 2408 | cranes, or other mechanized equipment used in the movement of |
| 2409 | cargo or passengers in international commerce. |
| 2410 | 5. The acquisition of land to be used for port purposes. |
| 2411 | 6. The acquisition, improvement, enlargement, or extension |
| 2412 | of existing port facilities. |
| 2413 | 7. Environmental protection projects which are necessary |
| 2414 | because of requirements imposed by a state agency as a condition |
| 2415 | of a permit or other form of state approval; which are necessary |
| 2416 | for environmental mitigation required as a condition of a state, |
| 2417 | federal, or local environmental permit; which are necessary for |
| 2418 | the acquisition of spoil disposal sites and improvements to |
| 2419 | existing and future spoil sites; or which result from the |
| 2420 | funding of eligible projects listed in this paragraph. |
| 2421 | 8. Transportation facilities as defined in s. |
| 2422 | 334.03(28)(31) which are not otherwise part of the Department of |
| 2423 | Transportation's adopted work program. |
| 2424 | 9. Seaport intermodal access projects identified in the 5- |
| 2425 | year Florida Seaport Mission Plan as provided in s. 311.09(3). |
| 2426 | 10. Construction or rehabilitation of port facilities as |
| 2427 | defined in s. 315.02, excluding any park or recreational |
| 2428 | facilities, in ports listed in s. 311.09(1) with operating |
| 2429 | revenues of $5 million or less, provided that such projects |
| 2430 | create economic development opportunities, capital improvements, |
| 2431 | and positive financial returns to such ports. |
| 2432 | Section 45. Subsection (7) of section 311.09, Florida |
| 2433 | Statutes, is amended to read: |
| 2434 | 311.09 Florida Seaport Transportation and Economic |
| 2435 | Development Council.-- |
| 2436 | (7) The Department of Transportation shall review the list |
| 2437 | of projects approved by the council for consistency with the |
| 2438 | Florida Transportation Plan and the department's adopted work |
| 2439 | program. In evaluating the consistency of a project, the |
| 2440 | department shall determine whether the transportation impact of |
| 2441 | the proposed project is adequately handled by existing state- |
| 2442 | owned transportation facilities or by the construction of |
| 2443 | additional state-owned transportation facilities as identified |
| 2444 | in the Florida Transportation Plan and the department's adopted |
| 2445 | work program. In reviewing for consistency a transportation |
| 2446 | facility project as defined in s. 334.03(28)(31) which is not |
| 2447 | otherwise part of the department's work program, the department |
| 2448 | shall evaluate whether the project is needed to provide for |
| 2449 | projected movement of cargo or passengers from the port to a |
| 2450 | state transportation facility or local road. If the project is |
| 2451 | needed to provide for projected movement of cargo or passengers, |
| 2452 | the project shall be approved for consistency as a consideration |
| 2453 | to facilitate the economic development and growth of the state |
| 2454 | in a timely manner. The Department of Transportation shall |
| 2455 | identify those projects which are inconsistent with the Florida |
| 2456 | Transportation Plan and the adopted work program and shall |
| 2457 | notify the council of projects found to be inconsistent. |
| 2458 | Section 46. Section 316.2122, Florida Statutes, is amended |
| 2459 | to read: |
| 2460 | 316.2122 Operation of a low-speed vehicle on certain |
| 2461 | roadways.--The operation of a low-speed vehicle, as defined in |
| 2462 | s. 320.01(42), on any road under the jurisdiction of a county or |
| 2463 | municipality or on an urban minor arterial road under the |
| 2464 | jurisdiction of the Department of Transportation as defined in |
| 2465 | s. 334.03(15) or (33), is authorized with the following |
| 2466 | restrictions: |
| 2467 | (1) A low-speed vehicle may be operated only on streets |
| 2468 | where the posted speed limit is 35 miles per hour or less. This |
| 2469 | does not prohibit a low-speed vehicle from crossing a road or |
| 2470 | street at an intersection where the road or street has a posted |
| 2471 | speed limit of more than 35 miles per hour. |
| 2472 | (2) A low-speed vehicle must be equipped with headlamps, |
| 2473 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
| 2474 | parking brakes, rearview mirrors, windshields, seat belts, and |
| 2475 | vehicle identification numbers. |
| 2476 | (3) A low-speed vehicle must be registered and insured in |
| 2477 | accordance with s. 320.02. |
| 2478 | (4) Any person operating a low-speed vehicle must have in |
| 2479 | his or her possession a valid driver's license. |
| 2480 | (5) A county or municipality may prohibit the operation of |
| 2481 | low-speed vehicles on any road under its jurisdiction if the |
| 2482 | governing body of the county or municipality determines that |
| 2483 | such prohibition is necessary in the interest of safety. |
| 2484 | (6) The Department of Transportation may prohibit the |
| 2485 | operation of low-speed vehicles on any road under its |
| 2486 | jurisdiction if it determines that such prohibition is necessary |
| 2487 | in the interest of safety. |
| 2488 | Section 47. Paragraph (c) of subsection (5) of section |
| 2489 | 316.515, Florida Statutes, is amended to read: |
| 2490 | 316.515 Maximum width, height, length.-- |
| 2491 | (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; |
| 2492 | AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY |
| 2493 | REQUIREMENTS.-- |
| 2494 | (c) The width and height limitations of this section do |
| 2495 | not apply to farming or agricultural equipment, whether self- |
| 2496 | propelled, pulled, or hauled, when temporarily operated during |
| 2497 | daylight hours upon a public road that is not a limited access |
| 2498 | facility as defined in s. 334.03(11)(13), and the width and |
| 2499 | height limitations may be exceeded by such equipment without a |
| 2500 | permit. To be eligible for this exemption, the equipment shall |
| 2501 | be operated within a radius of 50 miles of the real property |
| 2502 | owned, rented, or leased by the equipment owner. However, |
| 2503 | equipment being delivered by a dealer to a purchaser is not |
| 2504 | subject to the 50-mile limitation. Farming or agricultural |
| 2505 | equipment greater than 174 inches in width must have one warning |
| 2506 | lamp mounted on each side of the equipment to denote the width |
| 2507 | and must have a slow-moving vehicle sign. Warning lamps required |
| 2508 | by this paragraph must be visible from the front and rear of the |
| 2509 | vehicle and must be visible from a distance of at least 1,000 |
| 2510 | feet. |
| 2511 | Section 48. Paragraph (b) of subsection (7) of section |
| 2512 | 332.14, Florida Statutes, is amended to read: |
| 2513 | 332.14 Secure Airports for Florida's Economy Council.-- |
| 2514 | (7) The SAFE council may utilize, as appropriate and with |
| 2515 | legislative spending authorization, any federal, state, and |
| 2516 | local government contributions as well as private donations to |
| 2517 | fund SAFE Master Plan projects. |
| 2518 | (b) The council shall review and approve or disapprove |
| 2519 | each project eligible to be funded pursuant to this act. The |
| 2520 | council shall annually submit a list of projects which have been |
| 2521 | approved by the council to the Secretary of Transportation, the |
| 2522 | Secretary of Community Affairs, the executive director of the |
| 2523 | Department of Law Enforcement, and the director of the Office of |
| 2524 | Tourism, Trade, and Economic Development. The list shall specify |
| 2525 | the recommended funding level for each project, and, if staged |
| 2526 | implementation of the project is appropriate, the funding |
| 2527 | requirements for each stage shall be specified. |
| 2528 | 1. The Department of Community Affairs shall review the |
| 2529 | list of projects approved by the council to determine |
| 2530 | consistency with approved local government comprehensive plans |
| 2531 | of the units of local government in which the airport is located |
| 2532 | and consistency with the airport master plan. The Department of |
| 2533 | Community Affairs shall identify and notify the council of those |
| 2534 | projects which are not consistent, to the maximum extent |
| 2535 | feasible, with such comprehensive plans and airport master |
| 2536 | plans. |
| 2537 | 2. The Department of Transportation shall review the list |
| 2538 | of projects approved by the council for consistency with the |
| 2539 | Florida Transportation Plan and the department's adopted work |
| 2540 | program. In evaluating the consistency of a project, the |
| 2541 | department shall determine whether the transportation impact of |
| 2542 | the proposed project is adequately handled by existing state- |
| 2543 | owned transportation facilities or by the construction of |
| 2544 | additional state-owned transportation facilities as identified |
| 2545 | in the Florida Transportation Plan and the department's adopted |
| 2546 | work program. In reviewing for consistency a transportation |
| 2547 | facility project as defined in s. 334.03(28)(31) which is not |
| 2548 | otherwise part of the department's work program, the department |
| 2549 | shall evaluate whether the project is needed to provide for |
| 2550 | projected movement of cargo or passengers from the airport to a |
| 2551 | state transportation facility or local road. If the project is |
| 2552 | needed to provide for projected movement of cargo or passengers, |
| 2553 | the project shall be approved for consistency as a consideration |
| 2554 | to facilitate the economic development and growth of the state |
| 2555 | in a timely manner. The department shall identify those projects |
| 2556 | which are inconsistent with the Florida Transportation Plan and |
| 2557 | the adopted work program and shall notify the council of |
| 2558 | projects found to be inconsistent. |
| 2559 | 3. The Office of Tourism, Trade, and Economic Development, |
| 2560 | in consultation with Enterprise Florida, Inc., shall review the |
| 2561 | list of projects approved by the council to evaluate the |
| 2562 | economic benefit of the project and to determine whether the |
| 2563 | project is consistent with the SAFE Master Plan. The Office of |
| 2564 | Tourism, Trade, and Economic Development shall review the |
| 2565 | economic benefits of each project based upon the rules adopted |
| 2566 | pursuant to paragraph (a). The Office of Tourism, Trade, and |
| 2567 | Economic Development shall identify those projects which it has |
| 2568 | determined do not offer an economic benefit to the state or are |
| 2569 | not consistent with the SAFE Master Plan and shall notify the |
| 2570 | council of its findings. |
| 2571 | 4. The Department of Law Enforcement shall review the list |
| 2572 | of projects approved by the council for consistency with |
| 2573 | domestic security provisions of ss. 943.03101, 943.0311, and |
| 2574 | 943.0312. The Department of Law Enforcement shall identify those |
| 2575 | projects that it has determined are inconsistent with the |
| 2576 | state's strategic plan for domestic security and shall notify |
| 2577 | the council of its findings. |
| 2578 | Section 49. Section 336.01, Florida Statutes, is amended |
| 2579 | to read: |
| 2580 | 336.01 Designation of county road system.--The county road |
| 2581 | system shall be as defined in s. 334.03(6)(8). |
| 2582 | Section 50. Subsection (2) of section 338.222, Florida |
| 2583 | Statutes, is amended to read: |
| 2584 | 338.222 Department of Transportation sole governmental |
| 2585 | entity to acquire, construct, or operate turnpike projects; |
| 2586 | exception.-- |
| 2587 | (2) The department may contract with any local |
| 2588 | governmental entity as defined in s. 334.03(12)(14) for the |
| 2589 | design, right-of-way acquisition, or construction of any |
| 2590 | turnpike project which the Legislature has approved. Local |
| 2591 | governmental entities may negotiate with the department for the |
| 2592 | design, right-of-way acquisition, and construction of any |
| 2593 | section of the turnpike project within areas of their respective |
| 2594 | jurisdictions or within counties with which they have interlocal |
| 2595 | agreements. |
| 2596 | Section 51. Paragraph (a) of subsection (2) of section |
| 2597 | 403.7211, Florida Statutes, is amended to read: |
| 2598 | 403.7211 Hazardous waste facilities managing hazardous |
| 2599 | wastes generated offsite; federal facilities managing hazardous |
| 2600 | waste.-- |
| 2601 | (2) The department shall not issue any permit under s. |
| 2602 | 403.722 for the construction, initial operation, or substantial |
| 2603 | modification of a facility for the disposal, storage, or |
| 2604 | treatment of hazardous waste generated offsite which is proposed |
| 2605 | to be located in any of the following locations: |
| 2606 | (a) Any area where life-threatening concentrations of |
| 2607 | hazardous substances could accumulate at any residence or |
| 2608 | residential subdivision as the result of a catastrophic event at |
| 2609 | the proposed facility, unless each such residence or residential |
| 2610 | subdivision is served by at least one arterial road or urban |
| 2611 | minor arterial road that, as defined in s. 334.03, which |
| 2612 | provides safe and direct egress by land to an area where such |
| 2613 | life-threatening concentrations of hazardous substances could |
| 2614 | not accumulate in a catastrophic event. Egress by any road |
| 2615 | leading from any residence or residential subdivision to any |
| 2616 | point located within 1,000 yards of the proposed facility is |
| 2617 | unsafe for the purposes of this paragraph. In determining |
| 2618 | whether egress proposed by the applicant is safe and direct, the |
| 2619 | department shall also consider, at a minimum, the following |
| 2620 | factors: |
| 2621 | 1. Natural barriers such as water bodies, and whether any |
| 2622 | road in the proposed evacuation route is impaired by a natural |
| 2623 | barrier such as a water body; |
| 2624 | 2. Potential exposure during egress and potential |
| 2625 | increases in the duration of exposure; |
| 2626 | 3. Whether any road in a proposed evacuation route passes |
| 2627 | in close proximity to the facility; and |
| 2628 | 4. Whether any portion of the evacuation route is |
| 2629 | inherently directed toward the facility. |
| 2630 |
|
| 2631 | For the purposes of this subsection, all distances shall be |
| 2632 | measured from the outer limit of the active hazardous waste |
| 2633 | management area. "Substantial modification" includes: any |
| 2634 | physical change in, change in the operations of, or addition to |
| 2635 | a facility which could increase the potential offsite impact, or |
| 2636 | risk of impact, from a release at that facility; and any change |
| 2637 | in permit conditions which is reasonably expected to lead to |
| 2638 | greater potential impacts or risks of impacts, from a release at |
| 2639 | that facility. "Substantial modification" does not include a |
| 2640 | change in operations, structures, or permit conditions which |
| 2641 | does not substantially increase either the potential impact |
| 2642 | from, or the risk of, a release. Physical or operational changes |
| 2643 | to a facility related solely to the management of nonhazardous |
| 2644 | waste at the facility shall not be considered a substantial |
| 2645 | modification. The department shall, by rule, adopt criteria to |
| 2646 | determine whether a facility has been substantially modified. |
| 2647 | "Initial operation" means the initial commencement of operations |
| 2648 | at the facility. |
| 2649 | Section 52. Subsection (24) of section 479.01, Florida |
| 2650 | Statutes, is amended to read: |
| 2651 | 479.01 Definitions.--As used in this chapter, the term: |
| 2652 | (24) "Urban area" has the same meaning as defined in s. |
| 2653 | 334.03(29)(32). |
| 2654 | Section 53. Ronshay Dugans Act.--The first week of |
| 2655 | September is designated as "Drowsy Driving Prevention Week" in |
| 2656 | this state. During Drowsy Driving Prevention Week, the |
| 2657 | Department of Highway Safety and Motor Vehicles and the |
| 2658 | Department of Transportation are encouraged to educate the law |
| 2659 | enforcement community and the public about the relationship |
| 2660 | between fatigue and performance and the research showing fatigue |
| 2661 | to be as much of an impairment as alcohol and as dangerous |
| 2662 | behind the wheel. This section may be cited as the "Ronshay |
| 2663 | Dugans Act." |
| 2664 | Section 54. (1) The Northwest Florida Regional |
| 2665 | Transportation Planning Organization, an interlocal agency under |
| 2666 | part I of chapter 163, Florida Statutes, is authorized to study |
| 2667 | the feasibility of advance-funding the costs of capacity |
| 2668 | projects in its member counties and making recommendations to |
| 2669 | the Legislature by February 1, 2010. The Department of |
| 2670 | Transportation may assist the organization in conducting the |
| 2671 | study. |
| 2672 | (2) Results of any study authorized by this section shall |
| 2673 | be provided to the Governor, the President of the Senate, the |
| 2674 | Speaker of the House of Representatives, the department, any |
| 2675 | metropolitan planning organization in any county served by the |
| 2676 | organization, and the counties served by the organization and |
| 2677 | shall discuss the financial feasibility of advance-funding the |
| 2678 | costs of capacity projects in the Northwest Florida Regional |
| 2679 | Transportation Planning Organization's member counties. The |
| 2680 | study must be based on the following assumptions: |
| 2681 | (a) Any advanced projects must be consistent with the |
| 2682 | Northwest Florida Regional Transportation Planning |
| 2683 | Organization's 5-year plan and the department's work program. |
| 2684 | (b) Any bonds shall have a maturity not to exceed 30 |
| 2685 | years. |
| 2686 | (c) A maximum of 25 percent of the department's capacity |
| 2687 | funds allocated annually to the counties served by the Northwest |
| 2688 | Florida Regional Transportation Planning Organization may be |
| 2689 | used to pay debt service on the bonds. |
| 2690 | (d) Bond proceeds may only be used for the following |
| 2691 | components of a construction project on a state road: planning, |
| 2692 | engineering, design, right-of-way acquisition, and construction. |
| 2693 | (e) The cost of the projects must be balanced with the |
| 2694 | proceeds available from the bonds. |
| 2695 | (f) The department shall have final approval of the |
| 2696 | projects financed through the sale of bonds. |
| 2697 | (3) The study shall contain: |
| 2698 | (a) An analysis of the financial feasibility of advancing |
| 2699 | capacity projects in the Northwest Florida Regional |
| 2700 | Transportation Planning Organization's member counties. |
| 2701 | (b) A long-range, cost-feasible finance plan that |
| 2702 | identifies the project cost, revenues by source, financing, |
| 2703 | major assumptions, and a total cash flow analysis beginning with |
| 2704 | implementation of the project and extending through final |
| 2705 | completion of the project. |
| 2706 | (c) A tentative list of capacity projects and the priority |
| 2707 | in which they would be advanced. These projects must be |
| 2708 | consistent with the criteria in s. 339.135(2)(b), Florida |
| 2709 | Statutes. |
| 2710 | (d) A 5-year work program of the projects to be advanced. |
| 2711 | This program must be consistent with chapter 339, Florida |
| 2712 | Statutes. |
| 2713 | (e) A report of any statutory changes, including a draft |
| 2714 | bill, needed to give the Northwest Florida Regional |
| 2715 | Transportation Planning Organization the ability to advance |
| 2716 | construction projects. The draft bill language shall address, at |
| 2717 | a minimum: |
| 2718 | 1. Developing a list of road projects to be advanced, |
| 2719 | consistent with the organization's 5-year plan. |
| 2720 | 2. Giving the department the authority to review projects |
| 2721 | to determine consistency with its current work program. |
| 2722 | 3. Giving the organization the authority to issue bonds |
| 2723 | with a maturity of not greater than 30 years. |
| 2724 | 4. Requiring proceeds of the bonds to be delivered to the |
| 2725 | department to pay the cost of completing the projects. |
| 2726 | 5. Requiring the road projects to be consistent with the |
| 2727 | organization's 5-year plan. |
| 2728 | 6. Permitting any participating county to elect to |
| 2729 | undertake responsibility for the payment of a portion of the |
| 2730 | cost of any project in the county pursuant to an agreement with |
| 2731 | the organization and the department. |
| 2732 | 7. Providing that, in each year that the bonds are |
| 2733 | outstanding, no more than 25 percent of the state transportation |
| 2734 | funds appropriated for capacity projects advanced pursuant to |
| 2735 | the terms of this section and within the area of operation of |
| 2736 | the organization shall be paid over to the organization for the |
| 2737 | purpose of paying debt service on bonds the organization issued |
| 2738 | for such capacity projects. Such payments shall be made in lieu |
| 2739 | of programming any new projects in the work program. |
| 2740 | 8. In the event that the capacity funds allocated to the |
| 2741 | member counties of the organization are less than the amount |
| 2742 | needed to satisfy the payment requirements under the contract, |
| 2743 | the department shall defer the funded capacity on any other |
| 2744 | projects in the member counties of the organization to the |
| 2745 | extent necessary to make up such deficiency, so as to enable the |
| 2746 | organization to make the required debt service payments on the |
| 2747 | bonds or to replenish the reserves established for the bonds |
| 2748 | which may have been used to make up such deficiency. Under no |
| 2749 | circumstances shall the department provide any funds for these |
| 2750 | capacity projects in excess of the amount that would be |
| 2751 | allocated to the member counties pursuant to statutory formula |
| 2752 | and legislative appropriation. |
| 2753 | 9. Providing that the bonds shall state on their face that |
| 2754 | they do not constitute a pledge of the full faith or taxing |
| 2755 | power of the state, and no holder of any bond shall have the |
| 2756 | right to compel payment of the bonds from any funds of the |
| 2757 | state, other than amounts required to be paid to the |
| 2758 | organization under the contract. The bonds shall be limited and |
| 2759 | special obligations payable solely from the sources described |
| 2760 | herein. |
| 2761 | 10. Establishing such other terms and provisions as may be |
| 2762 | deemed reasonable and necessary to enable the organization to |
| 2763 | market the bonds at the most advantageous rates possible. |
| 2764 | (4) The Legislature may authorize the implementation of |
| 2765 | the Northwest Florida Regional Transportation Planning |
| 2766 | Organization's study after a satisfactory showing that these |
| 2767 | prerequisites have been met and that any source of funding for |
| 2768 | any bonds to be issued has been approved by the Department of |
| 2769 | Transportation. |
| 2770 | Section 55. The Department of Transportation shall direct |
| 2771 | a study to be conducted and funded by the authority created in |
| 2772 | chapter 349, Florida Statutes, for the purpose of recommending |
| 2773 | to the Legislature the framework for a regional transportation |
| 2774 | authority for the northeast region of Florida, composed of the |
| 2775 | following counties and each of the municipalities located |
| 2776 | therein: Baker, Clay, Duval, Flagler, Nassau, Putnam, and St. |
| 2777 | Johns. The study shall include, at a minimum, the existing |
| 2778 | powers and duties of the authority, as well as the additional |
| 2779 | powers and duties necessary for the agency to plan, design, |
| 2780 | finance, construct, operate, and maintain transportation |
| 2781 | facilities providing a safe, adequate, and efficient surface |
| 2782 | transportation network for the region, consistent with the |
| 2783 | statewide transportation network. In addition, the study shall |
| 2784 | address agency revenue sources, governance, coordination of work |
| 2785 | plans, and coordination with local comprehensive plans for all |
| 2786 | transportation facilities of the agency. Recommendations shall |
| 2787 | be delivered to the President of the Senate and Speaker of the |
| 2788 | House of Representatives no later than February 1, 2010. |
| 2789 | Section 56. Florida Transportation Revenue Study |
| 2790 | Commission.-- |
| 2791 | (1) The Legislature finds and declares that the costs of |
| 2792 | preserving investments in transportation infrastructure and |
| 2793 | eliminating or reducing congestion in the movement of people and |
| 2794 | goods is expected to substantially increase, and those costs |
| 2795 | will have a commensurate effect on the state's economy, |
| 2796 | environment, and quality of life. |
| 2797 | (2) The Florida Transportation Revenue Study Commission is |
| 2798 | created for the purpose of studying state, regional, and local |
| 2799 | transportation needs and developing new and innovative funding |
| 2800 | options and recommendations that address this state's future |
| 2801 | transportation needs. The commission shall submit a written |
| 2802 | report to the Legislature containing its findings and |
| 2803 | recommendations by January 1, 2011. The report presented by the |
| 2804 | commission shall, at a minimum, include findings and |
| 2805 | recommendations regarding: |
| 2806 | (a) The stability of existing transportation revenue |
| 2807 | sources, taking into account energy-efficient vehicles, emerging |
| 2808 | technologies, alternative fuels, and other state and federal |
| 2809 | initiatives. |
| 2810 | (b) The funding needs of state, regional, and local |
| 2811 | transportation facilities and services and the ability to |
| 2812 | address those needs. |
| 2813 | (c) New and innovative funding options that can be used by |
| 2814 | the state, metropolitan planning organizations, local |
| 2815 | governments, and other major transportation providers to fund |
| 2816 | transportation facilities and services. |
| 2817 | (3) The commission shall consist of 13 members. Three |
| 2818 | members shall be appointed by the Governor, three members shall |
| 2819 | be appointed by the President of the Senate, and three members |
| 2820 | shall be appointed by the Speaker of the House of |
| 2821 | Representatives. One member shall be the Secretary of |
| 2822 | Transportation, or the secretary's designee, one member shall be |
| 2823 | appointed by the Metropolitan Planning Organization Advisory |
| 2824 | Council, one member shall be appointed by the Florida |
| 2825 | Association of Counties, Inc., from among its members, and one |
| 2826 | member shall be appointed by the Florida League of Cities, Inc., |
| 2827 | from among its members. The membership of the commission must |
| 2828 | represent transportation organizations, local governments, |
| 2829 | developers and homebuilders, the business community, the |
| 2830 | environmental community, transportation labor organizations, and |
| 2831 | other appropriate stakeholders in the transportation system. One |
| 2832 | member shall be designated by the Governor as chair of the |
| 2833 | commission. Members shall be appointed to a term that ends July |
| 2834 | 1, 2011. Any vacancy that occurs on the commission shall be |
| 2835 | filled in the same manner as the original appointment. Members |
| 2836 | of the commission shall serve without compensation, but are |
| 2837 | entitled to reimbursement for per diem and travel expenses in |
| 2838 | accordance with s. 112.061, Florida Statutes, while in |
| 2839 | performance of their duties. |
| 2840 | (4) The first meeting of the commission shall be held by |
| 2841 | October 1, 2009, and thereafter the commission shall meet at the |
| 2842 | call of the chair but not less frequently than three times per |
| 2843 | year. Each member of the commission is entitled to one vote, and |
| 2844 | actions of the commission are not binding unless taken by a |
| 2845 | majority vote of the members present. A majority of the |
| 2846 | membership constitutes a quorum at any meeting of the |
| 2847 | commission. The commission may adopt its own rules of procedure |
| 2848 | and has such other powers as are necessary to complete its |
| 2849 | responsibilities. |
| 2850 | (5) The Center for Urban Transportation Research at the |
| 2851 | University of South Florida shall provide staff and other |
| 2852 | resources necessary to assist the commission in accomplishing |
| 2853 | its goals. All agencies under the control of the Governor are |
| 2854 | directed, and all other federal, state, and local agencies are |
| 2855 | requested, to render assistance to, and cooperate with, the |
| 2856 | commission. |
| 2857 | Section 57. Funding for the Florida Transportation Revenue |
| 2858 | Study Commission.--The sum of $225,000 in federal metropolitan |
| 2859 | planning funds is appropriated from the State Transportation |
| 2860 | Trust Fund to the Center for Urban Transportation Research at |
| 2861 | the University of South Florida for each of the 2009-2010 and |
| 2862 | 2010-2011 fiscal years for the purpose of paying the expenses of |
| 2863 | staff services and providing other related assistance to the |
| 2864 | Florida Transportation Revenue Study Commission. |
| 2865 | Section 58. This act shall take effect July 1, 2009. |
| 2866 |
|
| 2867 |
|
| 2868 | ----------------------------------------------------- |
| 2869 | T I T L E A M E N D M E N T |
| 2870 | Remove the entire title and insert: |
| 2871 | A bill to be entitled |
| 2872 | An act relating to transportation; amending s. 163.3180, |
| 2873 | F.S., relating to transportation concurrency; providing |
| 2874 | for evaluating whether certain necessary transportation |
| 2875 | facilities will be in place or under actual construction |
| 2876 | within a required timeframe; providing that certain |
| 2877 | projects or high-performance transit systems be considered |
| 2878 | as committed facilities; revising an exception to |
| 2879 | transportation concurrency requirements to provide for |
| 2880 | hangars used for assembly and manufacture of aircraft; |
| 2881 | exempting certain housing developments from concurrency |
| 2882 | requirements; revising provisions for a development of |
| 2883 | regional impact to satisfy specified concurrency |
| 2884 | requirements by paying a proportionate-share contribution |
| 2885 | for traffic impacts; providing that the cost of certain |
| 2886 | improvements shall be credited against a development of |
| 2887 | regional impact's proportionate-share contribution; |
| 2888 | requiring local government agreements relating to funding |
| 2889 | regional transportation impacts under certain |
| 2890 | circumstances; defining the term "backlog" as it applies |
| 2891 | to the impacts of development on transportation |
| 2892 | facilities; conforming a cross-reference; amending s. |
| 2893 | 212.05, F.S.; extending the time nonresident purchasers |
| 2894 | have to remove a boat from the state after purchase; |
| 2895 | providing for an extension decal to be issued by a dealer; |
| 2896 | imposing a decal cost; revising industry code |
| 2897 | designations; amending s. 212.055, F.S.; renaming the |
| 2898 | charter county transit system surtax; expanding the |
| 2899 | eligibility to levy the surtax to all charter counties; |
| 2900 | amending s. 316.1001; revising notification requirements |
| 2901 | for toll violation citations; clarifying conditions for |
| 2902 | issuance of a license plate; amending s. 316.1895, F.S.; |
| 2903 | authorizing alternative installation of Speeding Fines |
| 2904 | Doubled signs in advance of school zones; amending s. |
| 2905 | 316.29545, F.S.; excluding vehicles owned or leased by |
| 2906 | private investigative services from specified provisions |
| 2907 | restricting window sunscreening when such vehicle is used |
| 2908 | in specified activities; amending s. 316.515, F.S.; |
| 2909 | revising a limitation on the length of certain trailers |
| 2910 | issued a special permit by the department to deliver |
| 2911 | manufactured buildings; amending s. 316.535, F.S.; |
| 2912 | requiring specified scale tolerances to be applied to |
| 2913 | weight limits for vehicles on highways that are not in the |
| 2914 | Interstate Highway System; amending s. 316.545, F.S.; |
| 2915 | providing for a reduction in the gross weight of certain |
| 2916 | vehicles equipped with idle-reduction technologies when |
| 2917 | calculating a penalty for exceeding maximum weight limits; |
| 2918 | requiring the operator to provide certification of the |
| 2919 | weight of the idle-reduction technology and to demonstrate |
| 2920 | or certify that the idle-reduction technology is fully |
| 2921 | functional at all times; amending s. 316.605, F.S.; |
| 2922 | removing a requirement that motorcycle license plates be |
| 2923 | affixed and displayed in such a manner that the letters |
| 2924 | and numerals are legible from left to right parallel to |
| 2925 | the ground; amending s. 318.18; deleting authorization to |
| 2926 | suspend the driver's license of persons convicted of toll |
| 2927 | violations; amending 320.03; clarifying the entities that |
| 2928 | can verify payment of a fine; amending s. 322.27; |
| 2929 | prohibiting the assignment of points against a driver's |
| 2930 | license for toll violations; amending s. 334.03, F.S.; |
| 2931 | revising definitions relating to the Florida |
| 2932 | Transportation Code; amending s. 334.044, F.S.; revising |
| 2933 | powers and duties of the Department of Transportation; |
| 2934 | removing duty to assign jurisdictional responsibility and |
| 2935 | to designate existing facilities as part of the State |
| 2936 | Highway System; revising requirements related to |
| 2937 | conservation of roadside growth; amending s. 334.047, |
| 2938 | F.S.; removing a provision prohibiting the department from |
| 2939 | establishing a maximum number of miles of urban principal |
| 2940 | arterial roads within a district or county; amending s. |
| 2941 | 334.30, F.S.; providing for public-private partnership's |
| 2942 | business case to be submitted to the Council on Efficient |
| 2943 | Government; creating s. 336.445, F.S.; authorizing |
| 2944 | counties to enter into agreements with private entities |
| 2945 | for the building, operation, ownership, or financing of |
| 2946 | toll facilities; requiring public declaration; requiring a |
| 2947 | public hearing; requiring county to make certain |
| 2948 | determinations prior to awarding a project; providing |
| 2949 | requirements for an agreement; amending s. 337.0261, F.S.; |
| 2950 | providing legislative intent recognizing that construction |
| 2951 | aggregate materials mining is an industry of critical |
| 2952 | importance and that the mining of construction aggregate |
| 2953 | materials is in the public interest; amending s. 337.401, |
| 2954 | F.S.; revising provisions for rules of the department that |
| 2955 | provide for the placement of and access to certain |
| 2956 | electrical transmission lines on the right-of-way of |
| 2957 | department-controlled roads; authorizing the rules to |
| 2958 | include that the use of the limited access right-of-way |
| 2959 | for longitudinal placement of such transmission lines is |
| 2960 | reasonable based upon consideration of certain economic |
| 2961 | and environmental factors; defining the term "base-load |
| 2962 | generating facilities"; amending s. 339.2816, F.S., |
| 2963 | relating to the Small County Road Assistance Program; |
| 2964 | providing for resumption of certain funding for the |
| 2965 | program; revising criteria for program eligibility; |
| 2966 | revising criteria for prioritization of projects; amending |
| 2967 | s. 339.2818, F.S., relating to the Small County Outreach |
| 2968 | Program; revising the purpose of the program to include |
| 2969 | certain program types; revising eligibility and |
| 2970 | prioritization criteria; amending s. 339.64, F.S., |
| 2971 | relating to the Strategic Intermodal System Plan; removing |
| 2972 | provisions for the Statewide Intermodal Transportation |
| 2973 | Advisory Council; amending s. 341.071, F.S.; revising |
| 2974 | requirements for a report by transit providers relating to |
| 2975 | productivity and performance measures; requiring the |
| 2976 | report to address the use and effectiveness of high- |
| 2977 | performance transit systems; amending s. 348.0003, F.S.; |
| 2978 | providing for financial disclosure for expressway, |
| 2979 | transportation, bridge, and toll authorities; amending s. |
| 2980 | 348.51, F.S.; revising the definition of the terms "bonds" |
| 2981 | and "expressway system" in reference to the Tampa- |
| 2982 | Hillsborough County Expressway Authority Law; amending s. |
| 2983 | 348.53, F.S.; providing that the authority is to benefit |
| 2984 | the Tampa Bay Region; providing that the purpose of the |
| 2985 | authority includes transit support facilities; amending s. |
| 2986 | 348.54, F.S.; authorizing the Tampa-Hillsborough County |
| 2987 | Expressway Authority to make and issue notes, refunding |
| 2988 | bonds, and other evidences of indebtedness or obligations |
| 2989 | for specified purposes relating to the expressway system; |
| 2990 | prohibiting the authority from pledging the credit or |
| 2991 | taxing power of the state, a political subdivision, or |
| 2992 | agency; providing that the authority's obligations are not |
| 2993 | obligations of the state, a political subdivision, or an |
| 2994 | agency; providing that the state, a political subdivision, |
| 2995 | or an agency is not liable for the payment of the |
| 2996 | principal or interest on the authority's obligations; |
| 2997 | amending s. 348.545, F.S.; authorizing costs of authority |
| 2998 | improvements to be financed by bonds issued on behalf of |
| 2999 | the authority pursuant to the State Bond Act or bonds |
| 3000 | issued by the authority under specified provisions; |
| 3001 | amending s. 348.56, F.S.; authorizing bonds to be issued |
| 3002 | on behalf of the authority pursuant to the State Bond Act |
| 3003 | or issued by the authority under specified provisions; |
| 3004 | revising requirements for such bonds; requiring the bonds |
| 3005 | to be sold at public sale; authorizing the authority to |
| 3006 | negotiate the sale of bonds with underwriters under |
| 3007 | certain circumstances; amending s. 348.565, F.S.; |
| 3008 | providing that facilities of the expressway system are |
| 3009 | approved to be refinanced by the revenue bonds issued by |
| 3010 | the Division of Bond Finance of the State Board of |
| 3011 | Administration and the State Bond Act or by revenue bonds |
| 3012 | issued by the authority; providing that certain projects |
| 3013 | of the authority are approved for financing or refinancing |
| 3014 | by revenue bonds; providing an additional project type |
| 3015 | where the authority may use revenue bonds; amending s. |
| 3016 | 348.57, F.S.; authorizing the authority to provide for the |
| 3017 | issuance of certain bonds for the refunding of bonds |
| 3018 | outstanding regardless of whether the bonds being refunded |
| 3019 | were issued by the authority or on behalf of the |
| 3020 | authority; amending s. 348.70, F.S.; providing that the |
| 3021 | Tampa-Hillsborough County Expressway Authority Law does |
| 3022 | not repeal, rescind, or modify any other laws; providing |
| 3023 | that such law supersedes laws that are inconsistent with |
| 3024 | the provisions of that law; amending s. 369.317, F.S., |
| 3025 | relating to Wekiva Parkway; providing that the use of |
| 3026 | certain lands as environmental mitigation for road- |
| 3027 | construction-related impacts incurred by certain entities |
| 3028 | satisfies specified cumulative impact requirements; |
| 3029 | amending s. 380.06, F.S., relating to developments of |
| 3030 | regional impact; revising provisions for preapplication |
| 3031 | procedures for development approval; requiring the level- |
| 3032 | of-service standards in the transportation methodology |
| 3033 | applied to a development of regional impact to be the same |
| 3034 | level-of-service standards used to evaluate concurrency |
| 3035 | under specified provisions; designating parts I and II of |
| 3036 | ch. 479, F.S.; creating part III of ch. 479, F.S.; |
| 3037 | providing legislative intent; providing that the county |
| 3038 | court and circuit court have concurrent jurisdiction; |
| 3039 | requiring that all costs incurred by the department to |
| 3040 | remove signs in certain locations on the interstate |
| 3041 | highway system, the federal-aid primary highway system, or |
| 3042 | the State Highway System to be assessed and collected from |
| 3043 | certain persons under certain conditions; amending s. |
| 3044 | 705.18, F.S.; removing provisions for disposal of personal |
| 3045 | property lost or abandoned at certain public-use airports; |
| 3046 | creating s. 705.182, F.S.; providing for disposal of |
| 3047 | personal property found on premises owned or controlled by |
| 3048 | the operator of a public-use airport; providing a |
| 3049 | timeframe for the property to be claimed; providing |
| 3050 | options for disposing of such personal property; providing |
| 3051 | procedures for selling abandoned personal property; |
| 3052 | providing for notice of sale; permitting airport tenants |
| 3053 | to establish lost and found procedures; providing that |
| 3054 | purchaser holds title to the property free of the rights |
| 3055 | of persons then holding any legal or equitable interest |
| 3056 | thereto; creating s. 705.183, F.S.; providing for |
| 3057 | disposition of derelict or abandoned aircraft on the |
| 3058 | premises of public-use airports; providing procedures for |
| 3059 | such disposition; requiring a record of when the aircraft |
| 3060 | is found; defining the terms "derelict aircraft" and |
| 3061 | "abandoned aircraft"; providing for notification of |
| 3062 | aircraft owner and all persons having an equitable or |
| 3063 | legal interest in the aircraft; providing for notice if |
| 3064 | the owner of the aircraft is unknown or cannot be found; |
| 3065 | providing for disposition if the aircraft is not removed |
| 3066 | upon payment of required fees; requiring any sale of the |
| 3067 | aircraft to be at a public auction; providing notice |
| 3068 | requirements for such public auction; providing procedures |
| 3069 | for disposal of the aircraft; providing for liability if |
| 3070 | charges and costs related to the disposition are more than |
| 3071 | that obtained from the sale; providing for a lien by the |
| 3072 | airport for fees and charges; providing for notice of |
| 3073 | lien; requiring the filing of a claim of lien; providing |
| 3074 | for the form of the claim of lien; providing for service |
| 3075 | of the claim of lien; providing that the purchaser of the |
| 3076 | aircraft takes the property free of rights of persons |
| 3077 | holding legal or equitable interest in the aircraft; |
| 3078 | requiring purchaser or recipient to notify the Federal |
| 3079 | Aviation Administration of change in ownership; providing |
| 3080 | for disposition of moneys received for an aircraft sold at |
| 3081 | public sale; authorizing the airport to issue documents |
| 3082 | relating to the aircraft's disposal; creating s. 705.184, |
| 3083 | F.S.; providing for disposition of derelict or abandoned |
| 3084 | motor vehicles on the premises of public-use airports; |
| 3085 | providing procedures; requiring recording of the abandoned |
| 3086 | motor vehicle; defining the terms "derelict motor vehicle" |
| 3087 | and "abandoned motor vehicle"; providing for removal of |
| 3088 | such motor vehicle from airport premises; providing for |
| 3089 | notice to the owner, the company insuring the motor |
| 3090 | vehicle, and any lienholder; providing for disposition if |
| 3091 | the motor vehicle is not removed upon payment of required |
| 3092 | fees; requiring any sale of the motor vehicle to be at a |
| 3093 | public auction; providing notice requirements for such |
| 3094 | public auction; providing procedures for disposal of the |
| 3095 | motor vehicle; providing for liability if charges and |
| 3096 | costs related to the disposition are more than that |
| 3097 | obtained from the sale; providing for a lien by the |
| 3098 | airport or a licensed independent wrecker for fees and |
| 3099 | charges; providing for notice of lien; requiring the |
| 3100 | filing of a claim of lien; providing for the form of the |
| 3101 | claim of lien; providing for service of claim of lien; |
| 3102 | providing that the purchaser of the motor vehicle takes |
| 3103 | the property free of the rights of persons holding legal |
| 3104 | or equitable interest in the motor vehicle; amending ss. |
| 3105 | 288.063, 311.07, 311.09, 316.2122, 316.515, 332.14, |
| 3106 | 336.01, 338.222, 403.7211, and 479.01, F.S.; correcting |
| 3107 | cross-references; conforming provisions to changes made by |
| 3108 | the act; creating the Ronshay Dugans Act; designating the |
| 3109 | first week in September as "Drowsy Driving Prevention |
| 3110 | Week"; encouraging the Department of Highway Safety and |
| 3111 | Motor Vehicles and the Department of Transportation to |
| 3112 | educate the law enforcement community and the public about |
| 3113 | the relationship between fatigue and driving performance; |
| 3114 | authorizing the Northwest Florida Regional Transportation |
| 3115 | Planning Organization to conduct a study on advancing |
| 3116 | funds for certain construction projects; authorizing the |
| 3117 | Department of Transportation to assist with the study; |
| 3118 | requiring results of the study to be provided to the |
| 3119 | Governor, the Legislature, and certain entities; providing |
| 3120 | principles for the study; providing for content of the |
| 3121 | study; providing for legislative authorization prior to |
| 3122 | implementation of the study; providing legislative |
| 3123 | findings with respect to the need to preserve investments |
| 3124 | in transportation infrastructure and reduce congestion; |
| 3125 | providing legislative findings with respect to the need to |
| 3126 | preserve investments in transportation infrastructure and |
| 3127 | reduce congestion; creating the Florida Transportation |
| 3128 | Revenue Study Commission for the purpose of studying the |
| 3129 | state's transportation needs and developing |
| 3130 | recommendations; requiring that the commission submit a |
| 3131 | report to the Legislature by a specified date; |
| 3132 | establishing powers and duties of the commission; |
| 3133 | providing for membership and authorizing the reimbursement |
| 3134 | of members for per diem and travel expenses; providing |
| 3135 | requirements for meetings of the commission; requiring the |
| 3136 | Center for Urban Transportation Research at the University |
| 3137 | of South Florida to provide staff support to the |
| 3138 | commission; providing funding for the commission through |
| 3139 | federal funds for metropolitan transportation planning; |
| 3140 | providing an effective date. |