HB 1271

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 20.23, F.S.; authorizing the department to
4	maintain specified training programs for certain persons;
5	authorizing the department to provide for incremental
6	increases to base salary upon successful completion of the
7	training phases; authorizing the department to grant a
8	specified pay additive to law enforcement officers
9	assigned to the Office of Motor Carrier Compliance who
10	maintain certification by the Commercial Vehicle Safety
11	Alliance; repealing s. 315.03(12)(c), F.S., relating to
12	legislative review of a loan program of the Florida
13	Seaport Transportation and Economic Development Council;
14	amending s. 318.18, F.S.; revising provisions for
15	distribution of proceeds collected by the clerk of the
16	court for disposition of citations for failure to pay a
17	toll; providing alternative procedures for disposition of
18	such citation; providing for adjudication to be withheld
19	and no points assessed against the driver's license unless
20	adjudication is imposed by a court; removing a provision
21	for suspension of the driver's license of a person who is
22	convicted of failing to pay a toll 10 or more times within
23	a 36-month period; amending s. 320.08058, F.S.; revising
24	authorized uses of revenue received from the sale of
25	United We Stand license plates; amending s. 322.27, F.S.;
26	providing for assessment of points against a driver's
27	license for specified violations of requirements to pay a
28	toll only when the points are imposed by a court;
29	repealing s. 332.14, F.S., relating to the Secure Airports
30	for Florida's Economy Council; providing for the use of
31	funds accrued by the Secure Airports for Florida's Economy
32	Council; amending s. 334.03, F.S.; revising definitions
33	for purposes of the Florida Transportation Code; amending
34	s. 334.044, F.S.; revising powers and duties of the
35	department; removing provisions for assigning jurisdiction
36	of roads and designating facilities as part of the State
37	Highway System; amending s. 334.047, F.S.; removing a
38	prohibition against the department establishing a maximum
39	number of miles of certain roads within a district or
40	county; amending s. 337.14, F.S.; revising application
41	procedures for the qualification of contractors; requiring
42	any required interim financial statement to be accompanied
43	by an updated application; amending s. 337.401, F.S.;
44	revising provisions for rules of the department that
45	provide for the placement of and access to certain
46	electrical transmission lines on the right-of-way of
47	department-controlled roads; authorizing the rules to
48	include that the use of the limited access right-of-way
49	for longitudinal placement of such transmission lines is
50	reasonable based upon consideration of certain economic
51	and environmental factors; amending s. 338.155, F.S.;
52	authorizing the department to adopt rules relating to the
53	payment, collection, and enforcement of tolls; amending s.
54	403.4131, F.S.; removing provisions relating to a report
55	on the adopt-a-highway program; amending s. 705.18, F.S.;
56	removing provisions for disposal of personal property lost
57	or abandoned at certain public-use airports; creating s.
58	705.182, F.S.; providing for disposal of personal property
59	found on premises owned or controlled by the operator of a
60	public-use airport; providing a timeframe for the property
61	to be claimed; providing options for disposing of such
62	personal property; providing procedures for selling
63	abandoned personal property; providing for notice of sale;
64	providing that the rightful owner of such property may
65	reclaim the property at any time prior to sale; permitting
66	airport tenants to establish lost and found procedures;
67	providing that purchaser holds title to the property free
68	of the rights of persons then holding any legal or
69	equitable interest thereto; creating s. 705.183, F.S.;
70	providing for disposition of derelict or abandoned
71	aircraft on the premises of public-use airports; providing
72	procedures for such disposition; requiring a record of
73	when the aircraft is found; defining the terms "derelict
74	aircraft" and "abandoned aircraft"; providing for
75	notification of aircraft owner and all persons having an
76	equitable or legal interest in the aircraft; providing for
77	notice if the owner of the aircraft is unknown or cannot
78	be found; providing for disposition if the aircraft is not
79	removed upon payment of required fees; requiring any sale
80	of the aircraft to be at a public auction; providing
81	notice requirements for such public auction; providing
82	procedures for disposal of the aircraft; providing for
83	liability if charges and costs related to the disposition
84	are more than that obtained from the sale; providing for a
85	lien by the airport for fees and charges; providing for
86	notice of lien; requiring recording of a claim of lien;
87	providing for the form of the claim of lien; providing for
88	service of the claim of lien; providing that the purchaser
89	of the aircraft takes the property free of rights of
90	persons holding legal or equitable interest in the
91	aircraft; requiring purchaser or recipient to notify the
92	Federal Aviation Administration of change in ownership;
93	providing for disposition of moneys received for an
94	aircraft sold at public sale; authorizing the airport to
95	issue documents relating to the aircraft's disposal;
96	creating s. 705.184, F.S.; providing for disposition of
97	derelict or abandoned motor vehicles on the premises of
98	public-use airports; providing procedures; requiring
99	recording of the abandoned motor vehicle; defining the
100	terms "derelict motor vehicle" and "abandoned motor
101	vehicle"; providing for removal of such motor vehicle from
102	airport premises; providing for notice to the owner, the
103	company insuring the motor vehicle, and any lienholder;
104	providing for disposition if the motor vehicle is not
105	removed upon payment of required fees; requiring any sale
106	of the motor vehicle to be at a public auction; providing
107	notice requirements for such public auction; providing
108	procedures for disposal of the motor vehicle; providing
109	for a lien by the airport or a licensed independent
110	wrecker for fees and charges; providing for notice of
111	lien; requiring recording of a claim of lien; providing
112	for the form of the claim of lien; providing for service
113	of claim of lien; providing that the purchaser of the
114	motor vehicle takes the property free of the rights of
115	persons holding legal or equitable interest in the motor
116	vehicle; amending ss. 163.3180, 288.063, 311.07, 311.09,
117	316.2122, 316.515, 336.01, 338.222, 341.8225, 479.01,
118	479.07, and 479.261, F.S.; correcting cross-references;
119	providing an effective date.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Subsections (6) and (7) of section 20.23,
124	Florida Statutes, as amended by chapter 2009-271, Laws of
125	Florida, are renumbered as subsections (8) and (9),
126	respectively, and new subsections (6) and (7) are added to that
127	section, to read:
128	20.23  Department of Transportation.-There is created a
129	Department of Transportation which shall be a decentralized
130	agency.
131	(6)  The department is authorized to maintain training
132	programs for department employees and prospective employees who
133	are graduates from an approved engineering curriculum of 4 years
134	or more in a school, college, or university approved by the
135	Board of Professional Engineers to provide broad practical
136	expertise in the field of transportation engineering, leading to
137	licensure as a professional engineer. The department is
138	authorized to maintain these training programs for department
139	employees to provide broad practical experience and enhanced
140	knowledge in the areas of right-of-way property management, real
141	estate appraisal, and business valuation relating to department
142	right-of-way acquisition activities. These training programs may
143	provide for incremental increases to base salary for all
144	employees enrolled in the programs upon successful completion of
145	the training phases.
146	(7)  The department is authorized to continue to grant a
147	pay additive of $75 per pay period for law enforcement officers
148	assigned to the Office of Motor Carrier Compliance who maintain
149	certification by the Commercial Vehicle Safety Alliance.
150	Section 2.  Paragraph (c) of subsection (12) of section
151	315.03, Florida Statutes, is repealed.
152	Section 3.  Subsection (7) of section 318.18, Florida
153	Statutes, is amended to read:
154	318.18  Amount of penalties.-The penalties required for a
155	noncriminal disposition pursuant to s. 318.14 or a criminal
156	offense listed in s. 318.17 are as follows:
157	(7)  Mandatory $100 fine for each violation of s. 316.1001
158	plus the amount of the unpaid toll shown on the traffic citation
159	for each citation issued. The clerk of the court shall forward
160	$25 of the $100 fine received, plus the amount of the unpaid
161	toll that is shown on the citation, to the governmental entity
162	that issued the citation for citations issued by toll
163	enforcement officers or to the entity administering the tolls at
164	the facility where the violation occurred for citations issued
165	by law enforcement officers. However, a person may elect to pay
166	$30 to the clerk of the court, plus the amount of the unpaid
167	toll that is shown on the citation, in which case adjudication
168	is withheld, and no points are assessed under s. 322.27. Upon
169	receipt of the $30 and unpaid toll amount, the clerk of the
170	court shall retain $5 for administrative purposes and shall
171	forward the remaining $25, plus the amount of the unpaid toll
172	shown on the citation, to the governmental entity that issued
173	the citation for citations issued by toll enforcement officers
174	or to the entity administering the tolls at the facility where
175	the violation occurred for citations issued by law enforcement
176	officers. Additionally, adjudication shall be withheld and no
177	points shall be assessed under s. 322.27, except when
178	adjudication is imposed by the court after a hearing pursuant to
179	s. 318.14(5), or on whose behalf the citation was issued. If a
180	plea arrangement is reached prior to the date set for a
181	scheduled evidentiary hearing and, as a result of the plea,
182	adjudication is withheld, there shall be a mandatory fine
183	assessed per citation of not less than $50 and not more than
184	$100, plus the amount of the unpaid toll for each citation
185	issued. The clerk of the court shall forward $25 of the fine
186	imposed plus the amount of the unpaid toll that is shown on the
187	citation to the governmental entity that issued the citation or
188	on whose behalf the citation was issued. The court shall have
189	specific authority to consolidate issued citations for the same
190	defendant for the purpose of sentencing and aggregate
191	jurisdiction. In addition, the department shall suspend for 60
192	days the driver's license of a person who is convicted of 10
193	violations of s. 316.1001 within a 36-month period. Any funds
194	received by a governmental entity for this violation may be used
195	for any lawful purpose related to the operation or maintenance
196	of a toll facility.
197	Section 4.  Paragraph (b) of subsection (32) of section
198	320.08058, Florida Statutes, is amended to read:
199	320.08058  Specialty license plates.-
200	(32)  UNITED WE STAND LICENSE PLATES.-
201	(b)  The department shall retain all revenues from the sale
202	of such plates until all startup costs for developing and
203	issuing the plates have been recovered. Thereafter, 100 percent
204	of the annual use fee shall be distributed to the Department of
205	Transportation to fund security-related aviation projects
206	pursuant to chapter 322 SAFE Council to fund a grant program to
207	enhance security at airports throughout the state, pursuant to
208	s. 332.14.
209	Section 5.  Paragraph (d) of subsection (3) of section
210	322.27, Florida Statutes, is amended to read:
211	322.27  Authority of department to suspend or revoke
212	license.-
213	(3)  There is established a point system for evaluation of
214	convictions of violations of motor vehicle laws or ordinances,
215	and violations of applicable provisions of s. 403.413(6)(b) when
216	such violations involve the use of motor vehicles, for the
217	determination of the continuing qualification of any person to
218	operate a motor vehicle. The department is authorized to suspend
219	the license of any person upon showing of its records or other
220	good and sufficient evidence that the licensee has been
221	convicted of violation of motor vehicle laws or ordinances, or
222	applicable provisions of s. 403.413(6)(b), amounting to 12 or
223	more points as determined by the point system. The suspension
224	shall be for a period of not more than 1 year.
225	(d)  The point system shall have as its basic element a
226	graduated scale of points assigning relative values to
227	convictions of the following violations:
228	1.  Reckless driving, willful and wanton-4 points.
229	2.  Leaving the scene of a crash resulting in property
230	damage of more than $50-6 points.
231	3.  Unlawful speed resulting in a crash-6 points.
232	4.  Passing a stopped school bus-4 points.
233	5.  Unlawful speed:
234	a.  Not in excess of 15 miles per hour of lawful or posted
235	speed-3 points.
236	b.  In excess of 15 miles per hour of lawful or posted
237	speed-4 points.
238	6.  A violation of a traffic control signal device as
239	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
240	7.  All other moving violations (including parking on a
241	highway outside the limits of a municipality)-3 points. However,
242	no points shall be imposed for a violation of s. 316.0741 or s.
243	316.2065(12); and points shall be imposed for a violation of s.
244	316.1001 only when imposed by the court after a hearing pursuant
245	to s. 318.14(5).
246	8.  Any moving violation covered above, excluding unlawful
247	speed, resulting in a crash-4 points.
248	9.  Any conviction under s. 403.413(6)(b)-3 points.
249	10.  Any conviction under s. 316.0775(2)-4 points.
250	Section 6.  Section 332.14, Florida Statutes, is repealed.
251	Section 7.  All funds accrued by the Secure Airports for
252	Florida's Economy Council prior to July 1, 2010, shall be
253	retained by the Department of Transportation. The Department of
254	Transportation is authorized to use these funds for statewide
255	training purposes relating to airport security and management.
256	The Department of Transportation is further authorized to use
257	these funds for security-related aviation projects pursuant to
258	chapter 332, Florida Statutes.
259	Section 8.  Section 334.03, Florida Statutes, is amended to
260	read:
261	334.03  Definitions.-When used in the Florida
262	Transportation Code, the term:
263	(1)  "Arterial road" means a route providing service which
264	is relatively continuous and of relatively high traffic volume,
265	long average trip length, high operating speed, and high
266	mobility importance. In addition, every United States numbered
267	highway is an arterial road.
268	(1)(2)  "Bridge" means a structure, including supports,
269	erected over a depression or an obstruction, such as water or a
270	highway or railway, and having a track or passageway for
271	carrying traffic as defined in chapter 316 or other moving
272	loads.
273	(2)(3)  "City street system" means all local roads within a
274	municipality that were under the jurisdiction of that
275	municipality on June 10, 1995; roads transferred to the
276	municipality's jurisdiction after that date by mutual consent
277	with another governmental entity, but not including roads so
278	transferred from the municipality's jurisdiction; and roads
279	constructed by a municipality for its street system, and all
280	collector roads inside that municipality, which are not in the
281	county road system.
282	(4)  "Collector road" means a route providing service which
283	is of relatively moderate average traffic volume, moderately
284	average trip length, and moderately average operating speed.
285	Such a route also collects and distributes traffic between local
286	roads or arterial roads and serves as a linkage between land
287	access and mobility needs.
288	(3)(5)  "Commissioners" means the governing body of a
289	county.
290	(4)(6)  "Consolidated metropolitan statistical area" means
291	two or more metropolitan statistical areas that are socially and
292	economically interrelated as defined by the United States Bureau
293	of the Census.
294	(5)(7)  "Controlled access facility" means a street or
295	highway to which the right of access is highly regulated by the
296	governmental entity having jurisdiction over the facility in
297	order to maximize the operational efficiency and safety of the
298	high-volume through traffic utilizing the facility. Owners or
299	occupants of abutting lands and other persons have a right of
300	access to or from such facility at such points only and in such
301	manner as may be determined by the governmental entity.
302	(6)(8)  "County road system" means all roads within a
303	county which were under the jurisdiction of that county on June
304	10, 1995; roads transferred to the county's jurisdiction after
305	that date by mutual consent with another governmental entity,
306	but not including roads so transferred from the county's
307	jurisdiction; and roads constructed by a county for that
308	county's road system collector roads in the unincorporated areas
309	of a county and all extensions of such
310	through any incorporated areas, all
311	unincorporated areas, and all urban minor
312	the State Highway System.
313	(7)(9)  "Department" means the Department of
314	Transportation.
315	(8)(10)  "Florida Intrastate Highway System" means a system
316	of limited access and controlled access facilities on the State
317	Highway System which have the capacity to provide high-speed and
318	high-volume traffic movements in an efficient and safe manner.
319	(9)(11)  "Functional classification" means the assignment
320	of roads into systems according to the character of service they
321	provide in relation to the total road network using procedures
322	developed by the Federal Highway Administration. Basic
323	functional categories include arterial roads, collector roads,
324	and local roads which may be subdivided into principal, major,
325	or minor levels. Those levels may be additionally divided into
326	rural and urban categories.
327	(10)(12)  "Governmental entity" means a unit of government,
328	or any officially designated public agency or authority of a
329	unit of government, that has the responsibility for planning,
330	construction, operation, or maintenance or jurisdiction over
331	transportation facilities; the term includes the Federal
332	Government, the state government, a county, an incorporated
333	municipality, a metropolitan planning organization, an
334	expressway or transportation authority, a road and bridge
335	district, a special road and bridge district, and a regional
336	governmental unit.
337	(11)(13)  "Limited access facility" means a street or
338	highway especially designed for through traffic, and over, from,
339	or to which owners or occupants of abutting land or other
340	persons have no right or easement of access, light, air, or view
341	by reason of the fact that their property abuts upon such
342	limited access facility or for any other reason. Such highways
343	or streets may be facilities from which trucks, buses, and other
344	commercial vehicles are excluded; or they may be facilities open
345	to use by all customary forms of street and highway traffic.
346	(12)(14)  "Local governmental entity" means a unit of
347	government with less than statewide jurisdiction, or any
348	officially designated public agency or authority of such a unit
349	of government, that has the responsibility for planning,
350	construction, operation, or maintenance of, or jurisdiction
351	over, a transportation facility; the term includes, but is not
352	limited to, a county, an incorporated municipality, a
353	metropolitan planning organization, an expressway or
354	transportation authority, a road and bridge district, a special
355	road and bridge district, and a regional governmental unit.
356	(15)  "Local road" means a route providing service which is
357	of relatively low average traffic volume, short average trip
358	length or minimal through-traffic movements, and high land
359	access for abutting property.
360	(13)(16)  "Metropolitan area" means a geographic region
361	comprising as a minimum the existing urbanized area and the
362	contiguous area projected to become urbanized within a 20-year
363	forecast period. The boundaries of a metropolitan area may be
364	designated so as to encompass a metropolitan statistical area or
365	a consolidated metropolitan statistical area. If a metropolitan
366	area, or any part thereof, is located within a nonattainment
367	area, the boundaries of the metropolitan area must be designated
368	so as to include the boundaries of the entire nonattainment
369	area, unless otherwise provided by agreement between the
370	applicable metropolitan planning organization and the Governor.
371	(14)(17)  "Metropolitan statistical area" means an area
372	that includes a municipality of 50,000 persons or more, or an
373	urbanized area of at least 50,000 persons as defined by the
374	United States Bureau of the Census, provided that the component
375	county or counties have a total population of at least 100,000.
376	(15)(18)  "Nonattainment area" means an area designated by
377	the United States Environmental Protection Agency, pursuant to
378	federal law, as exceeding national primary or secondary ambient
379	air quality standards for the pollutants carbon monoxide or
380	ozone.
381	(16)(19)  "Periodic maintenance" means activities that are
382	large in scope and require a major work effort to restore
383	deteriorated components of the transportation system to a safe
384	and serviceable condition, including, but not limited to, the
385	repair of large bridge structures, major repairs to bridges and
386	bridge systems, and the mineral sealing of lengthy sections of
387	roadway.
388	(17)(20)  "Person" means any person described in s. 1.01 or
389	any unit of government in or outside the state.
390	(18)(21)  "Right of access" means the right of ingress to a
391	highway from abutting land and egress from a highway to abutting
392	land.
393	(19)(22)  "Right-of-way" means land in which the state, the
394	department, a county, or a municipality owns the fee or has an
395	easement devoted to or required for use as a transportation
396	facility.
397	(20)(23)  "Road" means a way open to travel by the public,
398	including, but not limited to, a street, highway, or alley. The
399	term includes associated sidewalks, the roadbed, the right-of-
400	way, and all culverts, drains, sluices, ditches, water storage
401	areas, waterways, embankments, slopes, retaining walls, bridges,
402	tunnels, and viaducts necessary for the maintenance of travel
403	and all ferries used in connection therewith.
404	(21)(24)  "Routine maintenance" means minor repairs and
405	associated tasks necessary to maintain a safe and efficient
406	transportation system. The term includes: pavement patching;
407	shoulder repair; cleaning and repair of drainage ditches,
408	traffic signs, and structures; mowing; bridge inspection and
409	maintenance; pavement striping; litter cleanup; and other
410	similar activities.
411	(22)(25)  "State Highway System" means the following, which
412	shall be facilities to which access is regulated:
413	(a)  the interstate system and all other roads within the
414	state which were under the jurisdiction of the state on June 10,
415	1995; roads transferred to the state's jurisdiction after that
416	date by mutual consent with another governmental entity, but not
417	including roads so transferred from the state's jurisdiction;
418	and roads constructed by an agency of the state for the State
419	Highway System. These facilities shall be facilities to which
420	access is regulated.;
421	(b)  All rural arterial routes and their extensions into
422	and through urban areas;
423	(c)  All urban principal arterial routes; and
424	(d)  The urban minor arterial mileage on the existing State
425	Highway System as of July 1, 1987, plus additional mileage to
426	comply with the 2-percent requirement as described below.
427
428	However, not less than 2 percent of the public road mileage of
429	each urbanized area on record as of June 30, 1986, shall be
430	included as minor arterials in the State Highway System.
431	Urbanized areas not meeting the foregoing minimum requirement
432	shall have transferred to the State Highway System additional
433	minor arterials of the highest significance in which case the
434	total minor arterials in the State Highway System from any
435	urbanized area shall not exceed 2.5 percent of that area's total
436	public urban road mileage.
437	(23)(26)  "State Park Road System" means roads embraced
438	within the boundaries of state parks and state roads leading to
439	state parks, other than roads of the State Highway System, the
440	county road systems, or the city street systems.
441	(24)(27)  "State road" means a street, road, highway, or
442	other way open to travel by the public generally and dedicated
443	to the public use according to law or by prescription and
444	designated by the department, as provided by law, as part of the
445	State Highway System.
446	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
447	causeway, approach, ferry slip, culvert, toll plaza, gate, or
448	other similar facility used in connection with a transportation
449	facility.
450	(26)(29)  "Sufficiency rating" means the objective rating
451	of a road or section of a road for the purpose of determining
452	its capability to serve properly the actual or anticipated
453	volume of traffic using the road.
454	(27)(30)  "Transportation corridor" means any land area
455	designated by the state, a county, or a municipality which is
456	between two geographic points and which area is used or suitable
457	for the movement of people and goods by one or more modes of
458	transportation, including areas necessary for management of
459	access and securing applicable approvals and permits.
460	Transportation corridors shall contain, but are not limited to,
461	the following:
462	(a)  Existing publicly owned rights-of-way;
463	(b)  All property or property interests necessary for
464	future transportation facilities, including rights of access,
465	air, view, and light, whether public or private, for the purpose
466	of securing and utilizing future transportation rights-of-way,
467	including, but not limited to, any lands reasonably necessary
468	now or in the future for securing applicable approvals and
469	permits, borrow pits, drainage ditches, water retention areas,
470	rest areas, replacement access for landowners whose access could
471	be impaired due to the construction of a future facility, and
472	replacement rights-of-way for relocation of rail and utility
473	facilities.
474	(28)(31)  "Transportation facility" means any means for the
475	transportation of people or property from place to place which
476	is constructed, operated, or maintained in whole or in part from
477	public funds. The term includes the property or property rights,
478	both real and personal, which have been or may be established by
479	public bodies for the transportation of people or property from
480	place to place.
481	(29)(32)  "Urban area" means a geographic region comprising
482	as a minimum the area inside the United States Bureau of the
483	Census boundary of an urban place with a population of 5,000 or
484	more persons, expanded to include adjacent developed areas as
485	provided for by Federal Highway Administration regulations.
486	(33)  "Urban minor arterial road" means a route that
487	generally interconnects with and augments an urban principal
488	arterial road and provides service to trips of shorter length
489	and a lower level of travel mobility. The term includes all
490	arterials not classified as "principal" and contain facilities
491	that place more emphasis on land access than the higher system.
492	(30)(34)  "Urban place" means a geographic region composed
493	of one or more contiguous census tracts that have been found by
494	the United States Bureau of the Census to contain a population
495	density of at least 1,000 persons per square mile.
496	(35)  "Urban principal arterial road" means a route that
497	generally serves the major centers of activity of an urban area,
498	the highest traffic volume corridors, and the longest trip
499	purpose and carries a high proportion of the total urban area
500	travel on a minimum of mileage. Such roads are integrated, both
501	internally and between major rural connections.
502	(31)(36)  "Urbanized area" means a geographic region
503	comprising as a minimum the area inside an urban place of 50,000
504	or more persons, as designated by the United States Bureau of
505	the Census, expanded to include adjacent developed areas as
506	provided for by Federal Highway Administration regulations.
507	Urban areas with a population of fewer than 50,000 persons which
508	are located within the expanded boundary of an urbanized area
509	are not separately recognized.
510	(32)(37)  "511" or "511 services" means three-digit
511	telecommunications dialing to access interactive voice response
512	telephone traveler information services provided in the state as
513	defined by the Federal Communications Commission in FCC Order
514	No. 00-256, July 31, 2000.
515	(33)(38)  "Interactive voice response" means a software
516	application that accepts a combination of voice telephone input
517	and touch-tone keypad selection and provides appropriate
518	responses in the form of voice, fax, callback, e-mail, and other
519	media.
520	Section 9.  Subsections (11) and (13) of section 334.044,
521	Florida Statutes, are amended to read:
522	334.044  Department; powers and duties.-The department
523	shall have the following general powers and duties:
524	(11)  To establish a numbering system for public roads and,
525	to functionally classify such roads, and to assign
526	jurisdictional responsibility.
527	(13)  To designate existing and to plan proposed
528	transportation facilities as part of the State Highway System,
529	and to construct, maintain, and operate such facilities.
530	Section 10.  Section 334.047, Florida Statutes, is amended
531	to read:
532	334.047  Prohibition.-Notwithstanding any other provision
533	of law to the contrary, the Department of Transportation may not
534	establish a cap on the number of miles in the State Highway
535	System or a maximum number of miles of urban principal arterial
536	roads, as defined in s. 334.03, within a district or county.
537	Section 11.  Subsection (1) of section 337.14, Florida
538	Statutes, is amended to read:
539	337.14  Application for qualification; certificate of
540	qualification; restrictions; request for hearing.-
541	(1)  Any person desiring to bid for the performance of any
542	construction contract in excess of $250,000 which the department
543	proposes to let must first be certified by the department as
544	qualified pursuant to this section and rules of the department.
545	The rules of the department shall address the qualification of
546	persons to bid on construction contracts in excess of $250,000
547	and shall include requirements with respect to the equipment,
548	past record, experience, financial resources, and organizational
549	personnel of the applicant necessary to perform the specific
550	class of work for which the person seeks certification. The
551	department is authorized to limit the dollar amount of any
552	contract upon which a person is qualified to bid or the
553	aggregate total dollar volume of contracts such person is
554	allowed to have under contract at any one time. Each applicant
555	seeking qualification to bid on construction contracts in excess
556	of $250,000 shall furnish the department a statement under oath,
557	on such forms as the department may prescribe, setting forth
558	detailed information as required on the application. Each
559	application for certification shall be accompanied by the latest
560	annual financial statement of the applicant completed within the
561	last 12 months. If the application or the annual financial
562	statement shows the financial condition of the applicant more
563	than 4 months prior to the date on which the application is
564	received by the department, then an interim financial statement
565	must also be submitted and be accompanied by an updated
566	application. The interim financial statement must cover the
567	period from the end date of the annual statement and must show
568	the financial condition of the applicant no more than 4 months
569	prior to the date the interim financial statement on which the
570	application is received by the department. Each required annual
571	or interim financial statement must be audited and accompanied
572	by the opinion of a certified public accountant or a public
573	accountant approved by the department. The information required
574	by this subsection is confidential and exempt from the
575	provisions of s. 119.07(1). The department shall act upon the
576	application for qualification within 30 days after the
577	department determines that the application is complete. The
578	department may waive the requirements of this subsection for
579	projects having a contract price of $500,000 or less if the
580	department determines that the project is of a noncritical
581	nature and the waiver will not endanger public health, safety,
582	or property.
583	Section 12.  Subsection (1) of section 337.401, Florida
584	Statutes, is amended to read:
585	337.401  Use of right-of-way for utilities subject to
586	regulation; permit; fees.-
587	(1)(a)  The department and local governmental entities,
588	referred to in ss. 337.401-337.404 as the "authority," that have
589	jurisdiction and control of public roads or publicly owned rail
590	corridors are authorized to prescribe and enforce reasonable
591	rules or regulations with reference to the placing and
592	maintaining along, across, or on any road or publicly owned rail
593	corridors under their respective jurisdictions any electric
594	transmission, telephone, telegraph, or other communications
595	services lines; pole lines; poles; railways; ditches; sewers;
596	water, heat, or gas mains; pipelines; fences; gasoline tanks and
597	pumps; or other structures referred to in this section as the
598	"utility." For aerial and underground electric utility
599	transmission lines designed to operate at 69 or more kilovolts
600	that are needed to accommodate the additional electrical
601	transfer capacity on the transmission grid resulting from new
602	base-load generating facilities, where there is no other
603	practicable alternative available for placement of the electric
604	utility transmission lines on the department's rights-of-way,
605	the department's rules shall provide for placement of and access
606	to such transmission lines adjacent to and within the right-of-
607	way of any department-controlled public roads, including
608	longitudinally within limited access facilities to the greatest
609	extent allowed by federal law, if compliance with the standards
610	established by such rules is achieved. Such rules may include,
611	but need not be limited to, that the use of the right-of-way is
612	reasonable based upon a consideration of economic and
613	environmental factors, including, without limitation, other
614	practicable alternative alignments, utility corridors and
615	easements, impacts on adjacent property owners, and minimum
616	clear zones and other safety standards, and further provide that
617	placement of the electric utility transmission lines within the
618	department's right-of-way does not interfere with operational
619	requirements of the transportation facility or planned or
620	potential future expansion of such transportation facility. If
621	the department approves longitudinal placement of electric
622	utility transmission lines in limited access facilities,
623	compensation for the use of the right-of-way is required. Such
624	consideration or compensation paid by the electric utility in
625	connection with the department's issuance of a permit does not
626	create any property right in the department's property
627	regardless of the amount of consideration paid or the
628	improvements constructed on the property by the utility. Upon
629	notice by the department that the property is needed for
630	expansion or improvement of the transportation facility, the
631	electric utility transmission line will relocate from the
632	facility at the electric utility's sole expense. The electric
633	utility shall pay to the department reasonable damages resulting
634	from the utility's failure or refusal to timely relocate its
635	transmission lines. The rules to be adopted by the department
636	may also address the compensation methodology and relocation. As
637	used in this subsection, the term "base-load generating
638	facilities" means electric power plants that are certified under
639	part II of chapter 403. The department may enter into a permit-
640	delegation agreement with a governmental entity if issuance of a
641	permit is based on requirements that the department finds will
642	ensure the safety and integrity of facilities of the Department
643	of Transportation; however, the permit-delegation agreement does
644	not apply to facilities of electric utilities as defined in s.
645	366.02(2).
646	(b)  For aerial and underground electric utility
647	transmission lines designed to operate at 69 or more kilovolts
648	that are needed to accommodate the additional electrical
649	transfer capacity on the transmission grid resulting from new
650	base-load generating facilities, the department's rules shall
651	provide for placement of and access to such transmission lines
652	adjacent to and within the right-of-way of any department-
653	controlled public roads, including longitudinally within limited
654	access facilities where there is no other practicable
655	alternative available, to the greatest extent allowed by federal
656	law, if compliance with the standards established by such rules
657	is achieved. Such rules may include, but need not be limited to,
658	that the use of the limited access right-of-way for longitudinal
659	placement of electric utility transmission lines is reasonable
660	based upon a consideration of economic and environmental
661	factors, including, without limitation, other practicable
662	alternative alignments, utility corridors and easements, impacts
663	on adjacent property owners, and minimum clear zones and other
664	safety standards, and further provide that placement of the
665	electric utility transmission lines within the department's
666	right-of-way does not interfere with operational requirements of
667	the transportation facility or planned or potential future
668	expansion of such transportation facility. If the department
669	approves longitudinal placement of electric utility transmission
670	lines in limited access facilities, compensation for the use of
671	the right-of-way is required. Such consideration or compensation
672	paid by the electric utility in connection with the department's
673	issuance of a permit does not create any property right in the
674	department's property regardless of the amount of consideration
675	paid or the improvements constructed on the property by the
676	utility. Upon notice by the department that the property is
677	needed for expansion or improvement of the transportation
678	facility, the electric utility transmission line will relocate
679	at the electric utility's sole expense. The electric utility
680	shall pay to the department reasonable damages resulting from
681	the utility's failure or refusal to timely relocate its
682	transmission lines. The rules to be adopted by the department
683	may also address the compensation methodology and relocation. As
684	used in this subsection, the term "base-load generating
685	facilities" means electric power plants that are certified under
686	part II of chapter 403.
687	Section 13.  Subsection (1) of section 338.155, Florida
688	Statutes, is amended to read:
689	338.155  Payment of toll on toll facilities required;
690	exemptions.-
691	(1)  No persons are permitted to use any toll facility
692	without payment of tolls, except employees of the agency
693	operating the toll project when using the toll facility on
694	official state business, state military personnel while on
695	official military business, handicapped persons as provided in
696	this section, persons exempt from toll payment by the
697	authorizing resolution for bonds issued to finance the facility,
698	and persons exempt on a temporary basis where use of such toll
699	facility is required as a detour route. Any law enforcement
700	officer operating a marked official vehicle is exempt from toll
701	payment when on official law enforcement business. Any person
702	operating a fire vehicle when on official business or a rescue
703	vehicle when on official business is exempt from toll payment.
704	Any person participating in the funeral procession of a law
705	enforcement officer or firefighter killed in the line of duty is
706	exempt from toll payment. The secretary, or the secretary's
707	designee, may suspend the payment of tolls on a toll facility
708	when necessary to assist in emergency evacuation. The failure to
709	pay a prescribed toll constitutes a noncriminal traffic
710	infraction, punishable as a moving violation pursuant to s.
711	318.18. The department is authorized to adopt rules relating to
712	the payment, collection, and enforcement of tolls, including,
713	but not limited to, rules for the implementation of video or
714	other image billing and variable pricing guaranteed toll
715	accounts.
716	Section 14.  Subsection (1) of section 403.4131, Florida
717	Statutes, is amended to read:
718	403.4131  Litter control.-
719	(1)  The Department of Transportation shall establish an
720	"adopt-a-highway" program to allow local organizations to be
721	identified with specific highway cleanup and highway
722	beautification projects authorized under s. 339.2405. The
723	department shall report to the Governor and the Legislature on
724	the progress achieved and the savings incurred by the "adopt-a-
725	highway" program. The department shall also monitor and report
726	on compliance with the provisions of the adopt-a-highway program
727	to ensure that organizations participating that participate in
728	the program comply with the goals identified by the department.
729	Section 15.  Section 705.18, Florida Statutes, is amended
730	to read:
731	705.18  Disposal of personal property lost or abandoned on
732	university or community college campuses or certain public-use
733	airports; disposition of proceeds from sale thereof.-
734	(1)  Whenever any lost or abandoned personal property shall
735	be found on a campus of an institution in the State University
736	System or a campus of a state-supported community college, or on
737	premises owned or controlled by the operator of a public-use
738	airport having regularly scheduled international passenger
739	service, the president of the institution or the president's
740	designee or the director of the airport or the director's
741	designee shall take charge of the property thereof and make a
742	record of the date such property was found. If, within 30 days
743	after such property is found, or a longer period of time as may
744	be deemed appropriate by the president or the director under the
745	circumstances, the property it is not claimed by the owner, the
746	president or director shall order it sold at public outcry after
747	giving notice of the time and place of sale in a publication of
748	general circulation on the campus of such institution or within
749	the county where the airport is located and written notice to
750	the owner if known. The rightful owner of such property may
751	reclaim the same at any time prior to sale.
752	(2)  All moneys realized from such institution's sale shall
753	be placed in an appropriate fund and used solely for student
754	scholarship and loan purposes. All moneys realized from such
755	sale by an airport, less its costs of storage, transportation,
756	and publication of notice, shall, unless another use is required
757	by federal law, be deposited into the state school fund.
758	Section 16.  Section 705.182, Florida Statutes, is created
759	to read:
760	705.182  Disposal of personal property found on the
761	premises of public-use airports.-
762	(1)  Whenever any personal property, other than an aircraft
763	or motor vehicle, is found on premises owned or controlled by
764	the operator of a public-use airport, the director of the
765	airport or the director's designee shall take charge of the
766	property and make a record of the date such property was found.
767	(2)  If, within 30 calendar days after such property is
768	found or for a longer period of time as may be deemed
769	appropriate by the director or the director's designee under the
770	circumstances, the property is not claimed by the owner, the
771	director or the director's designee may:
772	(a)  Retain any or all of the property for use by the
773	airport or for use by the state or the unit of local government
774	owning or operating the airport;
775	(b)  Trade such property to another unit of local
776	government or a state agency;
777	(c)  Donate the property to a charitable organization;
778	(d)  Sell the property; or
779	(e)  Dispose of the property through an appropriate refuse
780	removal company or a company that provides salvage services for
781	the type of personal property found or located on the airport
782	premises.
783	(3)  The airport shall notify the owner, if known, of the
784	property found on the airport premises and that the airport
785	intends to dispose of the property as provided in subsection
786	(2).
787	(4)  If the airport elects to sell the property under
788	paragraph (2)(d), the property must be sold at a public auction
789	either on the Internet or at a specified physical location after
790	giving notice of the time and place of sale, at least 10
791	calendar days prior to the date of sale, in a publication of
792	general circulation within the county where the airport is
793	located and after written notice, via certified mail, return
794	receipt requested, is provided to the owner, if known. Any such
795	notice shall be sufficient if the notice refers to the airport's
796	intention to sell all then-accumulated found property, and there
797	is no requirement that the notice identify each item to be sold.
798	The rightful owner of such property may reclaim the property at
799	any time prior to sale by presenting acceptable evidence of
800	ownership to the airport director or the director's designee.
801	All proceeds from the sale of the property shall be retained by
802	the airport for use by the airport in any lawfully authorized
803	manner.
804	(5)  Nothing in this section shall preclude the airport
805	from allowing a domestic or international air carrier or other
806	tenant, on premises owned or controlled by the operator of a
807	public-use airport, to establish its own lost and found
808	procedures for personal property and to dispose of such personal
809	property.
810	(6)  A purchaser or recipient in good faith of personal
811	property sold or obtained under this section shall take the
812	property free of the rights of persons then holding any legal or
813	equitable interest thereto, whether or not recorded.
814	Section 17.  Section 705.183, Florida Statutes, is created
815	to read:
816	705.183  Disposal of derelict or abandoned aircraft on the
817	premises of public-use airports.-
818	(1)(a)  Whenever any derelict or abandoned aircraft is
819	found or located on premises owned or controlled by the operator
820	of a public-use airport, whether or not such premises are under
821	a lease or license to a third party, the director of the airport
822	or the director's designee shall make a record of the date the
823	aircraft was found or determined to be present on the airport
824	premises.
825	(b)  For purposes of this section, the term:
826	1.  "Abandoned aircraft" means an aircraft that has been
827	disposed of on a public-use airport in a wrecked, inoperative,
828	or partially dismantled condition or an aircraft that has
829	remained in an idle state on premises owned or controlled by the
830	operator of a public-use airport for 45 consecutive calendar
831	days.
832	2.  "Derelict aircraft" means any aircraft that is not in a
833	flyable condition, does not have a current certificate of air
834	worthiness issued by the Federal Aviation Administration, and is
835	not in the process of actively being repaired.
836	(2)  The director or the director's designee shall contact
837	the Federal Aviation Administration, Aircraft Registration
838	Branch, to determine the name and address of the last registered
839	owner of the aircraft and shall make a diligent personal search
840	of the appropriate records, or contact an aircraft title search
841	company, to determine the name and address of any person having
842	an equitable or legal interest in the aircraft. Within 10
843	business days after receipt of the information, the director or
844	the director's designee shall notify the owner and all persons
845	having an equitable or legal interest in the aircraft by
846	certified mail, return receipt requested, of the location of the
847	derelict or abandoned aircraft on the airport premises, that
848	fees and charges for the use of the airport by the aircraft have
849	accrued and the amount thereof, that the aircraft is subject to
850	a lien under subsection (5) for the accrued fees and charges for
851	the use of the airport and for the transportation, storage, and
852	removal of the aircraft, that the lien is subject to enforcement
853	pursuant to law, and that the airport may cause the use, trade,
854	sale, or removal of the aircraft as described in s.
855	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
856	after the date of receipt of such notice, the aircraft has not
857	been removed from the airport upon payment in full of all
858	accrued fees and charges for the use of the airport and for the
859	transportation, storage, and removal of the aircraft. Such
860	notice may require removal of the aircraft in less than 30
861	calendar days if the aircraft poses a danger to the health or
862	safety of users of the airport, as determined by the director or
863	the director's designee.
864	(3)  If the owner of the aircraft is unknown or cannot be
865	found, the director or the director's designee shall cause a
866	laminated notice to be placed upon such aircraft in
867	substantially the following form:
868
869	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
870	PROPERTY. This property, to wit: ...(setting forth brief
871	description)... is unlawfully upon public property known as
872	...(setting forth brief description of location)... and has
873	accrued fees and charges for the use of the ...(same description
874	of location as above)... and for the transportation, storage,
875	and removal of the property. These accrued fees and charges must
876	be paid in full and the property must be removed within 30
877	calendar days after the date of this notice; otherwise, the
878	property will be removed and disposed of pursuant to chapter
879	705, Florida Statutes. The property is subject to a lien for all
880	accrued fees and charges for the use of the public property
881	known as ...(same description of location as above)... by such
882	property and for all fees and charges incurred by the public
883	property known as ...(same description of location as above)...
884	for the transportation, storage, and removal of the property.
885	This lien is subject to enforcement pursuant to law. The owner
886	will be liable for such fees and charges, as well as the cost
887	for publication of this notice. Dated this: ...(setting forth
888	the date of posting of notice)..., signed: ...(setting forth
889	name, title, address, and telephone number of law enforcement
890	officer)....
891
892	Such notice shall be not less than 8 inches by 10 inches and
893	shall be sufficiently weatherproof to withstand normal exposure
894	to the weather. If, at the end of 30 calendar days after posting
895	the notice, the owner or any person interested in the described
896	derelict or abandoned aircraft has not removed the aircraft from
897	the airport upon payment in full of all accrued fees and charges
898	for the use of the airport and for the transportation, storage,
899	and removal of the aircraft, or shown reasonable cause for
900	failure to do so, the director or the director's designee may
901	cause the use, trade, sale, or removal of the aircraft as
902	described in s. 705.182(2)(a), (b), (d), or (e).
903	(4)  Such aircraft shall be removed within the time period
904	specified in the notice provided under subsection (2) or
905	subsection (3). If, at the end of such period of time, the owner
906	or any person interested in the described derelict or abandoned
907	aircraft has not removed the aircraft from the airport upon
908	payment in full of all accrued fees and charges for the use of
909	the airport and for the transportation, storage, and removal of
910	the aircraft, or shown reasonable cause for the failure to do
911	so, the director or the director's designee may cause the use,
912	trade, sale, or removal of the aircraft as described in s.
913	705.182(2)(a), (b), (d), or (e).
914	(a)  If the airport elects to sell the aircraft in
915	accordance with s. 705.182(2)(d), the aircraft must be sold at
916	public auction after giving notice of the time and place of
917	sale, at least 10 calendar days prior to the date of sale, in a
918	publication of general circulation within the county where the
919	airport is located and after providing written notice of the
920	intended sale to all parties known to have an interest in the
921	aircraft.
922	(b)  If the airport elects to dispose of the aircraft in
923	accordance with s. 705.182(2)(e), the airport shall be entitled
924	to negotiate with the company for a price to be received from
925	such company in payment for the aircraft, or, if circumstances
926	so warrant, a price to be paid to such company by the airport
927	for the costs of disposing of the aircraft. All information
928	pertaining to the establishment of such price and the
929	justification for the amount of such price shall be prepared and
930	maintained by the airport, and such negotiated price shall be
931	deemed to be a commercially reasonable price.
932	(c)  If the sale price or the negotiated price is less than
933	the airport's then current charges and costs against the
934	aircraft, or if the airport is required to pay the salvage
935	company for its services, the owner of the aircraft shall remain
936	liable to the airport for the airport's costs that are not
937	offset by the sale price or negotiated price, in addition to the
938	owner's liability for payment to the airport of the price the
939	airport was required to pay any salvage company. All costs
940	incurred by the airport in the removal, storage, and sale of any
941	aircraft shall be recoverable against the owner of the aircraft.
942	(5)  The airport shall have a lien on a derelict or
943	abandoned aircraft for all fees and charges for the use of the
944	airport by such aircraft and for all fees and charges incurred
945	by the airport for the transportation, storage, and removal of
946	the aircraft. As a prerequisite to perfecting a lien under this
947	section, the airport director or the director's designee must
948	serve a notice in accordance with subsection (2) on the last
949	registered owner and all persons having an equitable or legal
950	interest in the aircraft. Serving the notice does not dispense
951	with recording the claim of lien.
952	(6)(a)  For the purpose of perfecting its lien under this
953	section, the airport shall record a claim of lien which shall
954	state:
955	1.  The name and address of the airport.
956	2.  The name of the last registered owner of the aircraft
957	and all persons having a legal or equitable interest in the
958	aircraft.
959	3.  The fees and charges incurred by the aircraft for the
960	use of the airport and the fees and charges for the
961	transportation, storage, and removal of the aircraft.
962	4.  A description of the aircraft sufficient for
963	identification.
964	(b)  The claim of lien shall be signed and sworn to or
965	affirmed by the airport director or the director's designee.
966	(c)  The claim of lien shall be sufficient if it is in
967	substantially the following form:
968
969	CLAIM OF LIEN
970	State of ______
971	County of ______
972	Before me, the undersigned notary public, personally appeared
973	______, who was duly sworn and says that he/she is the
974	________of ________, whose address is________; and that the
975	following described aircraft:
976	...(Description of aircraft)...
977	owned by __________, whose address is ____________, has accrued
978	$___________in fees and charges for the use by the aircraft of
979	______________ and for the transportation, storage, and removal
980	of the aircraft from _______________; that the lienor served its
981	notice to the last registered owner and all persons having a
982	legal or equitable interest in the aircraft on ____,
983	...(year)..., by________.
984	...(Signature)...
985	Sworn to (or affirmed) and subscribed before me this _____day
986	of___, ...(year)..., by ...(name of person making statement)....
987	...(Signature of Notary Public)... ...(Print, Type, or Stamp
988	Commissioned name of Notary Public)...
989	Personally Known___OR Produced_____as identification.
990
991	However, the negligent inclusion or omission of any information
992	in this claim of lien which does not prejudice the last
993	registered owner does not constitute a default that operates to
994	defeat an otherwise valid lien.
995	(d)  The claim of lien shall be served on the last
996	registered owner of the aircraft and all persons having an
997	equitable or legal interest in the aircraft. The claim of lien
998	shall be so served before recordation.
999	(e)  The claim of lien shall be recorded with the clerk of
1000	court in the county where the airport is located. The recording
1001	of the claim of lien shall be constructive notice to all persons
1002	of the contents and effect of such claim. The lien shall attach
1003	at the time of recordation and shall take priority as of that
1004	time.
1005	(7)  A purchaser or recipient in good faith of an aircraft
1006	sold or obtained under this section takes the property free of
1007	the rights of persons then holding any legal or equitable
1008	interest to the aircraft, whether or not recorded. The purchaser
1009	or recipient is required to notify the appropriate Federal
1010	Aviation Administration office of such change in the registered
1011	owner of the aircraft.
1012	(8)  If the aircraft is sold at public sale, the airport
1013	shall deduct from the proceeds of sale the costs of
1014	transportation, storage, publication of notice, and all other
1015	costs reasonably incurred by the airport, and any balance of the
1016	proceeds shall be deposited into an interest-bearing account not
1017	later than 30 calendar days after the airport's receipt of the
1018	proceeds and held there for 1 year. The rightful owner of the
1019	aircraft may claim the balance of the proceeds within 1 year
1020	after the date of the deposit by making application to the
1021	airport and presenting acceptable written evidence of ownership
1022	to the airport's director or the director's designee. If no
1023	rightful owner claims the proceeds within the 1-year period, the
1024	balance of the proceeds shall be retained by the airport to be
1025	used in any manner authorized by law.
1026	(9)  Any person acquiring a legal interest in an aircraft
1027	that is sold by an airport under this section or s. 705.182
1028	shall be the lawful owner of such aircraft and all other legal
1029	or equitable interests in such aircraft shall be divested and of
1030	no further force and effect, provided that the holder of any
1031	such legal or equitable interests was notified of the intended
1032	disposal of the aircraft to the extent required in this section.
1033	The airport may issue documents of disposition to the purchaser
1034	or recipient of an aircraft disposed of under this section.
1035	Section 18.  Section 705.184, Florida Statutes, is created
1036	to read:
1037	705.184  Derelict or abandoned motor vehicles on the
1038	premises of public-use airports.-
1039	(1)(a)  Whenever any derelict or abandoned motor vehicle is
1040	found on premises owned or controlled by the operator of a
1041	public-use airport, including airport premises leased to a third
1042	party, the director of the airport or the director's designee
1043	may take charge of the motor vehicle and make a record of the
1044	date such motor vehicle was found.
1045	(b)  For purposes of this section, the term:
1046	1.  "Abandoned motor vehicle" means a motor vehicle that
1047	has been disposed of on a public-use airport in a wrecked,
1048	inoperative, or partially dismantled condition or a motor
1049	vehicle that has remained in an idle state on the premises of a
1050	public-use airport for 45 consecutive calendar days.
1051	2.  "Derelict motor vehicle" means any motor vehicle that
1052	is not in a drivable condition.
1053	(c)  After the information relating to the abandoned or
1054	derelict motor vehicle is recorded in the airport's records, the
1055	director or the director's designee may cause the motor vehicle
1056	to be removed from airport premises by the airport's wrecker or
1057	by a licensed independent wrecker company to be stored at a
1058	suitable location on or off the airport premises. If the motor
1059	vehicle is to be removed from airport premises by the airport's
1060	wrecker, the airport must follow the procedures in subsections
1061	(2)-(8). The procedures in subsections (2)-(8) do not apply if
1062	the motor vehicle is removed from the airport premises by a
1063	licensed independent wrecker company.
1064	(2)  The airport director or the director's designee shall
1065	contact the Department of Highway Safety and Motor Vehicles to
1066	notify that department that the airport has possession of the
1067	abandoned or derelict motor vehicle and to determine the name
1068	and address of the owner of the motor vehicle, the insurance
1069	company insuring the motor vehicle, notwithstanding the
1070	provisions of s. 627.736, and any person who has filed a lien on
1071	the motor vehicle. Within 7 business days after receipt of the
1072	information, the director or the director's designee shall send
1073	notice by certified mail, return receipt requested, to the owner
1074	of the motor vehicle, the insurance company insuring the motor
1075	vehicle, notwithstanding the provisions of s. 627.736, and all
1076	persons of record claiming a lien against the motor vehicle. The
1077	notice shall state the fact of possession of the motor vehicle,
1078	that charges for reasonable towing, storage, and parking fees,
1079	if any, have accrued and the amount thereof, that a lien as
1080	provided in subsection (6) will be claimed, that the lien is
1081	subject to enforcement pursuant to law, that the owner or
1082	lienholder, if any, has the right to a hearing as set forth in
1083	subsection (4), and that any motor vehicle which, at the end of
1084	30 calendar days after receipt of the notice, has not been
1085	removed from the airport upon payment in full of all accrued
1086	charges for reasonable towing, storage, and parking fees, if
1087	any, may be disposed of as provided in s. 705.182(2)(a), (b),
1088	(d), or (e), including, but not limited to, the motor vehicle
1089	being sold free of all prior liens after 35 calendar days after
1090	the time the motor vehicle is stored if any prior liens on the
1091	motor vehicle are more than 5 years of age or after 50 calendar
1092	days after the time the motor vehicle is stored if any prior
1093	liens on the motor vehicle are 5 years of age or less.
1094	(3)  If attempts to notify the owner or lienholder pursuant
1095	to subsection (2) are not successful, the requirement of notice
1096	by mail shall be considered met and the director or the
1097	director's designee, in accordance with subsection (5), may
1098	cause the motor vehicle to be disposed of as provided in s.
1099	705.182(2)(a), (b), (d), or (e), including, but not limited to,
1100	the motor vehicle being sold free of all prior liens after 35
1101	calendar days after the time the motor vehicle is stored if any
1102	prior liens on the motor vehicle are more than 5 years of age or
1103	after 50 calendar days after the time the motor vehicle is
1104	stored if any prior liens on the motor vehicle are 5 years of
1105	age or less.
1106	(4)(a)  The owner of, or any person with a lien on, a motor
1107	vehicle removed pursuant to subsection (1), may, within 10
1108	calendar days after the time he or she has knowledge of the
1109	location of the motor vehicle, file a complaint in the county
1110	court of the county in which the motor vehicle is stored to
1111	determine if his or her property was wrongfully taken or
1112	withheld.
1113	(b)  Upon filing a complaint, an owner or lienholder may
1114	have his or her motor vehicle released upon posting with the
1115	court a cash or surety bond or other adequate security equal to
1116	the amount of the fees for towing, storage, and accrued parking,
1117	if any, to ensure the payment of such fees in the event he or
1118	she does not prevail. Upon the posting of the bond or other
1119	adequate security and the payment of any applicable fee, the
1120	clerk of the court shall issue a certificate notifying the
1121	airport of the posting of the bond or other adequate security
1122	and directing the airport to release the motor vehicle. At the
1123	time of such release, after reasonable inspection, the owner or
1124	lienholder shall give a receipt to the airport reciting any
1125	claims he or she has for loss or damage to the motor vehicle or
1126	the contents of the motor vehicle.
1127	(5)  If, after 30 calendar days after receipt of the
1128	notice, the owner or any person claiming a lien has not removed
1129	the motor vehicle from its storage location upon payment in full
1130	of all accrued charges for reasonable towing, storage, and
1131	parking fees, if any, or shown reasonable cause for the failure
1132	to do so, the airport director or the director's designee may
1133	dispose of the motor vehicle as provided in s. 705.182(2)(a),
1134	(b), (d), or (e). If the airport elects to sell the motor
1135	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
1136	sold free of all prior liens after 35 calendar days after the
1137	time the motor vehicle is stored if any prior liens on the motor
1138	vehicle are more than 5 years of age or after 50 calendar days
1139	after the time the motor vehicle is stored if any prior liens on
1140	the motor vehicle are 5 years of age or less. The sale shall be
1141	a public auction either on the Internet or at a specified
1142	physical location. If the date of the sale was not included in
1143	the notice required in subsection (2), notice of the sale, sent
1144	by certified mail, return receipt requested, shall be given to
1145	the owner of the motor vehicle and to all persons claiming a
1146	lien on the motor vehicle. Such notice shall be mailed not less
1147	than 10 calendar days before the date of the sale. In addition
1148	to the notice by mail, public notice of the time and place of
1149	the sale at auction shall be made by publishing a notice of the
1150	sale at auction one time, at least 10 calendar days prior to the
1151	date of sale, in a newspaper of general circulation in the
1152	county in which the sale is to be held. All costs incurred by
1153	the airport for the towing, storage, and sale of the motor
1154	vehicle, as well as all accrued parking fees, if any, shall be
1155	recovered by the airport from the proceeds of the sale, and any
1156	proceeds of the sale in excess of such costs shall be retained
1157	by the airport for use by the airport in any manner authorized
1158	by law.
1159	(6)  The airport pursuant to this section or, if used, a
1160	licensed independent wrecker company pursuant to s. 713.78 shall
1161	have a lien on an abandoned or derelict motor vehicle for all
1162	reasonable towing, storage, and accrued parking fees, if any,
1163	except that no storage fee shall be charged if the motor vehicle
1164	is stored less than 6 hours. As a prerequisite to perfecting a
1165	lien under this section, the airport director or the director's
1166	designee must serve a notice in accordance with subsection (2)
1167	on the owner of the motor vehicle, the insurance company
1168	insuring the motor vehicle, notwithstanding the provisions of s.
1169	627.736, and all persons of record claiming a lien against the
1170	motor vehicle. If attempts to notify the owner, the insurance
1171	company insuring the motor vehicle, notwithstanding the
1172	provisions of s. 627.736, or lienholders are not successful, the
1173	requirement of notice by mail shall be considered met. Serving
1174	of the notice does not dispense with recording the claim of
1175	lien.
1176	(7)(a)  For the purpose of perfecting its lien under this
1177	section, the airport shall record a claim of lien which shall
1178	state:
1179	1.  The name and address of the airport.
1180	2.  The name of the owner of the motor vehicle, the
1181	insurance company insuring the motor vehicle, notwithstanding
1182	the provisions of s. 627.736, and all persons of record claiming
1183	a lien against the motor vehicle.
1184	3.  The costs incurred from reasonable towing, storage, and
1185	parking fees, if any.
1186	4.  A description of the motor vehicle sufficient for
1187	identification.
1188	(b)  The claim of lien shall be signed and sworn to or
1189	affirmed by the airport director or the director's designee.
1190	(c)  The claim of lien shall be sufficient if it is in
1191	substantially the following form:
1192
1193	CLAIM OF LIEN
1194	State of ______
1195	County of ______
1196	Before me, the undersigned notary public, personally appeared
1197	______, who was duly sworn and says that he/she is the
1198	________of _____________, whose address is________; and that the
1199	following described motor vehicle:
1200	...(Description of motor vehicle)...
1201	owned by __________, whose address is ____________, has accrued
1202	$___________in fees for a reasonable tow, for storage, and for
1203	parking, if applicable; that the lienor served its notice to the
1204	owner, the insurance company insuring the motor vehicle
1205	notwithstanding the provisions of s. 627.736, Florida Statutes,
1206	and all persons of record claiming a lien against the motor
1207	vehicle on ____, ...(year)..., by________.
1208	...(Signature)...
1209	Sworn to (or affirmed) and subscribed before me this _____day
1210	of___, ...(year)..., by ...(name of person making statement)....
1211	...(Signature of Notary Public)... ...(Print, Type, or Stamp
1212	Commissioned name of Notary Public)...
1213	Personally Known___OR Produced_____as identification.
1214
1215	However, the negligent inclusion or omission of any information
1216	in this claim of lien which does not prejudice the owner does
1217	not constitute a default that operates to defeat an otherwise
1218	valid lien.
1219	(d)  The claim of lien shall be served on the owner of the
1220	motor vehicle, the insurance company insuring the motor vehicle,
1221	notwithstanding the provisions of s. 627.736, and all persons of
1222	record claiming a lien against the motor vehicle. If attempts to
1223	notify the owner, the insurance company insuring the motor
1224	vehicle notwithstanding the provisions of s. 627.736, or
1225	lienholders are not successful, the requirement of notice by
1226	mail shall be considered met. The claim of lien shall be so
1227	served before recordation.
1228	(e)  The claim of lien shall be recorded with the clerk of
1229	court in the county where the airport is located. The recording
1230	of the claim of lien shall be constructive notice to all persons
1231	of the contents and effect of such claim. The lien shall attach
1232	at the time of recordation and shall take priority as of that
1233	time.
1234	(8)  A purchaser or recipient in good faith of a motor
1235	vehicle sold or obtained under this section takes the property
1236	free of the rights of persons then holding any legal or
1237	equitable interest thereto, whether or not recorded.
1238	Section 19.  Paragraph (a) of subsection (12) of section
1239	163.3180, Florida Statutes, is amended to read:
1240	163.3180  Concurrency.-
1241	(12)(a)  A development of regional impact may satisfy the
1242	transportation concurrency requirements of the local
1243	comprehensive plan, the local government's concurrency
1244	management system, and s. 380.06 by payment of a proportionate-
1245	share contribution for local and regionally significant traffic
1246	impacts, if:
1247	1.  The development of regional impact which, based on its
1248	location or mix of land uses, is designed to encourage
1249	pedestrian or other nonautomotive modes of transportation;
1250	2.  The proportionate-share contribution for local and
1251	regionally significant traffic impacts is sufficient to pay for
1252	one or more required mobility improvements that will benefit a
1253	regionally significant transportation facility;
1254	3.  The owner and developer of the development of regional
1255	impact pays or assures payment of the proportionate-share
1256	contribution; and
1257	4.  If the regionally significant transportation facility
1258	to be constructed or improved is under the maintenance authority
1259	of a governmental entity, as defined by s. 334.03(10)(12), other
1260	than the local government with jurisdiction over the development
1261	of regional impact, the developer is required to enter into a
1262	binding and legally enforceable commitment to transfer funds to
1263	the governmental entity having maintenance authority or to
1264	otherwise assure construction or improvement of the facility.
1265
1266	The proportionate-share contribution may be applied to any
1267	transportation facility to satisfy the provisions of this
1268	subsection and the local comprehensive plan, but, for the
1269	purposes of this subsection, the amount of the proportionate-
1270	share contribution shall be calculated based upon the cumulative
1271	number of trips from the proposed development expected to reach
1272	roadways during the peak hour from the complete buildout of a
1273	stage or phase being approved, divided by the change in the peak
1274	hour maximum service volume of roadways resulting from
1275	construction of an improvement necessary to maintain the adopted
1276	level of service, multiplied by the construction cost, at the
1277	time of developer payment, of the improvement necessary to
1278	maintain the adopted level of service. For purposes of this
1279	subsection, "construction cost" includes all associated costs of
1280	the improvement. Proportionate-share mitigation shall be limited
1281	to ensure that a development of regional impact meeting the
1282	requirements of this subsection mitigates its impact on the
1283	transportation system but is not responsible for the additional
1284	cost of reducing or eliminating backlogs. This subsection also
1285	applies to Florida Quality Developments pursuant to s. 380.061
1286	and to detailed specific area plans implementing optional sector
1287	plans pursuant to s. 163.3245.
1288	Section 20.  Subsection (3) of section 288.063, Florida
1289	Statutes, is amended to read:
1290	288.063  Contracts for transportation projects.-
1291	(3)  With respect to any contract executed pursuant to this
1292	section, the term "transportation project" means a
1293	transportation facility as defined in s. 334.03(28)(31) which is
1294	necessary in the judgment of the Office of Tourism, Trade, and
1295	Economic Development to facilitate the economic development and
1296	growth of the state. Except for applications received prior to
1297	July 1, 1996, such transportation projects shall be approved
1298	only as a consideration to attract new employment opportunities
1299	to the state or expand or retain employment in existing
1300	companies operating within the state, or to allow for the
1301	construction or expansion of a state or federal correctional
1302	facility in a county with a population of 75,000 or less that
1303	creates new employment opportunities or expands or retains
1304	employment in the county. The Office of Tourism, Trade, and
1305	Economic Development shall institute procedures to ensure that
1306	small and minority businesses have equal access to funding
1307	provided under this section. Funding for approved transportation
1308	projects may include any expenses, other than administrative
1309	costs and equipment purchases specified in the contract,
1310	necessary for new, or improvement to existing, transportation
1311	facilities. Funds made available pursuant to this section may
1312	not be expended in connection with the relocation of a business
1313	from one community to another community in this state unless the
1314	Office of Tourism, Trade, and Economic Development determines
1315	that without such relocation the business will move outside this
1316	state or determines that the business has a compelling economic
1317	rationale for the relocation which creates additional jobs.
1318	Subject to appropriation for projects under this section, any
1319	appropriation greater than $10 million shall be allocated to
1320	each of the districts of the Department of Transportation to
1321	ensure equitable geographical distribution. Such allocated funds
1322	that remain uncommitted by the third quarter of the fiscal year
1323	shall be reallocated among the districts based on pending
1324	project requests.
1325	Section 21.  Paragraph (b) of subsection (3) of section
1326	311.07, Florida Statutes, is amended to read:
1327	311.07  Florida seaport transportation and economic
1328	development funding.-
1329	(3)
1330	(b)  Projects eligible for funding by grants under the
1331	program are limited to the following port facilities or port
1332	transportation projects:
1333	1.  Transportation facilities within the jurisdiction of
1334	the port.
1335	2.  The dredging or deepening of channels, turning basins,
1336	or harbors.
1337	3.  The construction or rehabilitation of wharves, docks,
1338	structures, jetties, piers, storage facilities, cruise
1339	terminals, automated people mover systems, or any facilities
1340	necessary or useful in connection with any of the foregoing.
1341	4.  The acquisition of vessel tracking systems, container
1342	cranes, or other mechanized equipment used in the movement of
1343	cargo or passengers in international commerce.
1344	5.  The acquisition of land to be used for port purposes.
1345	6.  The acquisition, improvement, enlargement, or extension
1346	of existing port facilities.
1347	7.  Environmental protection projects which are necessary
1348	because of requirements imposed by a state agency as a condition
1349	of a permit or other form of state approval; which are necessary
1350	for environmental mitigation required as a condition of a state,
1351	federal, or local environmental permit; which are necessary for
1352	the acquisition of spoil disposal sites and improvements to
1353	existing and future spoil sites; or which result from the
1354	funding of eligible projects listed in this paragraph.
1355	8.  Transportation facilities as defined in s.
1356	334.03(28)(31) which are not otherwise part of the Department of
1357	Transportation's adopted work program.
1358	9.  Seaport intermodal access projects identified in the 5-
1359	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1360	10.  Construction or rehabilitation of port facilities as
1361	defined in s. 315.02, excluding any park or recreational
1362	facilities, in ports listed in s. 311.09(1) with operating
1363	revenues of $5 million or less, provided that such projects
1364	create economic development opportunities, capital improvements,
1365	and positive financial returns to such ports.
1366	Section 22.  Subsection (7) of section 311.09, Florida
1367	Statutes, is amended to read:
1368	311.09  Florida Seaport Transportation and Economic
1369	Development Council.-
1370	(7)  The Department of Transportation shall review the list
1371	of projects approved by the council for consistency with the
1372	Florida Transportation Plan and the department's adopted work
1373	program. In evaluating the consistency of a project, the
1374	department shall determine whether the transportation impact of
1375	the proposed project is adequately handled by existing state-
1376	owned transportation facilities or by the construction of
1377	additional state-owned transportation facilities as identified
1378	in the Florida Transportation Plan and the department's adopted
1379	work program. In reviewing for consistency a transportation
1380	facility project as defined in s. 334.03(28)(31) which is not
1381	otherwise part of the department's work program, the department
1382	shall evaluate whether the project is needed to provide for
1383	projected movement of cargo or passengers from the port to a
1384	state transportation facility or local road. If the project is
1385	needed to provide for projected movement of cargo or passengers,
1386	the project shall be approved for consistency as a consideration
1387	to facilitate the economic development and growth of the state
1388	in a timely manner. The Department of Transportation shall
1389	identify those projects which are inconsistent with the Florida
1390	Transportation Plan and the adopted work program and shall
1391	notify the council of projects found to be inconsistent.
1392	Section 23.  Section 316.2122, Florida Statutes, is amended
1393	to read:
1394	316.2122  Operation of a low-speed vehicle or mini truck on
1395	certain roadways.-The operation of a low-speed vehicle as
1396	defined in s. 320.01(42) or a mini truck as defined in s.
1397	320.01(45) on any road under the jurisdiction of a county or
1398	municipality or on an urban minor arterial road under the
1399	jurisdiction of the Department of Transportation as defined in
1400	s. 334.03(15) or (33) is authorized with the following
1401	restrictions:
1402	(1)  A low-speed vehicle or mini truck may be operated only
1403	on streets where the posted speed limit is 35 miles per hour or
1404	less. This does not prohibit a low-speed vehicle or mini truck
1405	from crossing a road or street at an intersection where the road
1406	or street has a posted speed limit of more than 35 miles per
1407	hour.
1408	(2)  A low-speed vehicle must be equipped with headlamps,
1409	stop lamps, turn signal lamps, taillamps, reflex reflectors,
1410	parking brakes, rearview mirrors, windshields, seat belts, and
1411	vehicle identification numbers.
1412	(3)  A low-speed vehicle or mini truck must be registered
1413	and insured in accordance with s. 320.02 and titled pursuant to
1414	chapter 319.
1415	(4)  Any person operating a low-speed vehicle or mini truck
1416	must have in his or her possession a valid driver's license.
1417	(5)  A county or municipality may prohibit the operation of
1418	low-speed vehicles or mini trucks on any road under its
1419	jurisdiction if the governing body of the county or municipality
1420	determines that such prohibition is necessary in the interest of
1421	safety.
1422	(6)  The Department of Transportation may prohibit the
1423	operation of low-speed vehicles or mini trucks on any road under
1424	its jurisdiction if it determines that such prohibition is
1425	necessary in the interest of safety.
1426	Section 24.  Paragraph (c) of subsection (5) of section
1427	316.515, Florida Statutes, is amended to read:
1428	316.515  Maximum width, height, length.-
1429	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1430	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
1431	(c)  The width and height limitations of this section do
1432	not apply to farming or agricultural equipment, whether self-
1433	propelled, pulled, or hauled, when temporarily operated during
1434	daylight hours upon a public road that is not a limited access
1435	facility as defined in s. 334.03(11)(13), and the width and
1436	height limitations may be exceeded by such equipment without a
1437	permit. To be eligible for this exemption, the equipment shall
1438	be operated within a radius of 50 miles of the real property
1439	owned, rented, or leased by the equipment owner. However,
1440	equipment being delivered by a dealer to a purchaser is not
1441	subject to the 50-mile limitation. Farming or agricultural
1442	equipment greater than 174 inches in width must have one warning
1443	lamp mounted on each side of the equipment to denote the width
1444	and must have a slow-moving vehicle sign. Warning lamps required
1445	by this paragraph must be visible from the front and rear of the
1446	vehicle and must be visible from a distance of at least 1,000
1447	feet.
1448	Section 25.  Section 336.01, Florida Statutes, is amended
1449	to read:
1450	336.01  Designation of county road system.-The county road
1451	system shall be as defined in s. 334.03(6)(8).
1452	Section 26.  Subsection (2) of section 338.222, Florida
1453	Statutes, is amended to read:
1454	338.222  Department of Transportation sole governmental
1455	entity to acquire, construct, or operate turnpike projects;
1456	exception.-
1457	(2)  The department may contract with any local
1458	governmental entity as defined in s. 334.03(12)(14) for the
1459	design, right-of-way acquisition, or construction of any
1460	turnpike project which the Legislature has approved. Local
1461	governmental entities may negotiate with the department for the
1462	design, right-of-way acquisition, and construction of any
1463	section of the turnpike project within areas of their respective
1464	jurisdictions or within counties with which they have interlocal
1465	agreements.
1466	Section 27.  Subsection (2) of section 341.8225, Florida
1467	Statutes, is amended to read:
1468	341.8225  Department of Transportation sole governmental
1469	entity to acquire, construct, or operate high-speed rail
1470	projects; exception.-
1471	(2)  Local governmental entities, as defined in s.
1472	334.03(12)(14), may negotiate with the department for the
1473	design, right-of-way acquisition, and construction of any
1474	component of the high-speed rail system within areas of their
1475	respective jurisdictions or within counties with which they have
1476	interlocal agreements.
1477	Section 28.  Subsection (24) of section 479.01, Florida
1478	Statutes, is amended to read:
1479	479.01  Definitions.-As used in this chapter, the term:
1480	(24)  "Urban area" has the same meaning as defined in s.
1481	334.03(29)(32).
1482	Section 29.  Subsection (1) of section 479.07, Florida
1483	Statutes, is amended to read:
1484	479.07  Sign permits.-
1485	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1486	person may not erect, operate, use, or maintain, or cause to be
1487	erected, operated, used, or maintained, any sign on the State
1488	Highway System outside an urban area, as defined in s.
1489	334.03(29)(32), or on any portion of the interstate or federal-
1490	aid primary highway system without first obtaining a permit for
1491	the sign from the department and paying the annual fee as
1492	provided in this section. As used in this section, the term "on
1493	any portion of the State Highway System, interstate, or federal-
1494	aid primary system" means a sign located within the controlled
1495	area which is visible from any portion of the main-traveled way
1496	of such system.
1497	Section 30.  Subsection (5) of section 479.261, Florida
1498	Statutes, is amended to read:
1499	479.261  Logo sign program.-
1500	(5)  At a minimum, permit fees for businesses that
1501	participate in the program must be established in an amount
1502	sufficient to offset the total cost to the department for the
1503	program, including contract costs. The department shall provide
1504	the services in the most efficient and cost-effective manner
1505	through department staff or by contracting for some or all of
1506	the services. The department shall adopt rules that set
1507	reasonable rates based upon factors such as population, traffic
1508	volume, market demand, and costs for annual permit fees.
1509	However, annual permit fees for sign locations inside an urban
1510	area, as defined in s. 334.03(29)(32), may not exceed $5,000,
1511	and annual permit fees for sign locations outside an urban area,
1512	as defined in s. 334.03(29)(32), may not exceed $2,500. After
1513	recovering program costs, the proceeds from the annual permit
1514	fees shall be deposited into the State Transportation Trust Fund
1515	and used for transportation purposes.
1516	Section 31.  This act shall take effect July 1, 2010.

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