CS/CS/CS/HB 1271

1
A bill to be entitled
2An act relating to transportation; amending s. 212.055,
3F.S.; authorizing counties within or under an interlocal
4agreement with a regional transportation or transit
5authority to levy a discretionary sales surtax for
6transportation systems under certain conditions; providing
7that the county commission may apply the proceeds from the
8charter county transportation system surtax to the
9planning, development, construction, expansion, operation,
10and maintenance of on-demand transportation services;
11defining the term "on-demand transportation services";
12amending s. 310.0015, F.S., relating to pilotage rates;
13providing for such rates to be set by the Pilotage Rate
14Review Committee to conform to changes made by the act;
15amending s. 310.002, F.S.; revising the definition of the
16term "pilotage" to conform to changes made by the act;
17amending s. 310.011, F.S.; revising the membership of the
18Board of Pilot Commissioners; amending s. 310.151, F.S.;
19redesignating the "Pilotage Rate Review Board" as the
20"Pilotage Rate Review Committee"; providing that the
21committee is part of the Board of Pilot Commissioners;
22revising membership and providing for appointment of
23members from among the commissioners; requiring members to
24comply with specified disclosure requirements; providing
25that decisions of the committee regarding rates are not
26appealable to the board; directing the Governor to make
27certain appointments to the Board of Pilot Commissioners
28before a certain date; providing requirements for the
29transfer of pending matters; repealing s. 315.03(12)(c),
30F.S., relating to legislative review of a loan program of
31the Florida Seaport Transportation and Economic
32Development Council; amending s. 316.003, F.S.; defining
33the term "motor carrier transportation contract" for
34purposes of the Florida Uniform Traffic Control Law;
35amending s. 316.1001, F.S.; revising the method to be used
36to provide notice following the issuance of a citation for
37failure to pay a toll; providing that receipt of the
38citation rather than its mailing constitutes notification;
39authorizing any governmental entity, including the clerk
40of court, to provide certain data to the Department of
41Highway Safety and Motor Vehicles regarding outstanding
42violations for failure to pay tolls; amending s. 316.302,
43F.S.; revising reference to specified federal rules and
44regulations applicable to owners and drivers of commercial
45motor vehicles engaged in intrastate commerce; providing
46that certain indemnification provisions in motor carrier
47transportation contracts are against public policy and are
48void and unenforceable; defining the term "promisee," as
49used in motor carrier transportation contracts; provides
50an exception to such definition; providing for application
51to certain contracts; amending s. 316.515, F.S.;
52conforming a cross-reference; amending s. 316.545, F.S.;
53providing for a reduction in the gross weight of certain
54vehicles equipped with idle-reduction technologies when
55calculating a penalty for exceeding maximum weight limits;
56requiring the operator to provide certification of the
57weight of the idle-reduction technology and to demonstrate
58or certify that the idle-reduction technology is fully
59functional at all times; amending s. 316.550, F.S.;
60authorizing the department or local authority to issue
61permits for certain vehicles to operate on certain routes;
62requiring issuance of permits within a specified period
63after a request; providing restrictions on routes;
64providing conditions when vehicles must be unloaded;
65conforming a cross-reference; amending s. 318.18, F.S.;
66revising provisions for distribution of proceeds collected
67by the clerk of the court for disposition of citations for
68failure to pay a toll; providing alternative procedures
69for disposition of such citation; providing for
70adjudication to be withheld and no points assessed against
71the driver's license unless adjudication is imposed by a
72court; authorizing a court to direct the department to
73suspend a person's driver's license for violations
74involving the failure to pay tolls; amending s. 320.03,
75F.S.; clarifying provisions requiring that the tax
76collector withhold issuance of a license plate or
77revalidation sticker if certain fines are outstanding;
78amending s. 320.08, F.S.; providing that specified license
79tax provisions apply to wreckers used for certain
80purposes; amending s. 320.08058, F.S.; revising authorized
81uses of revenue received from the sale of United We Stand
82license plates; amending s. 322.27, F.S.; providing for
83assessment of points against a driver's license for
84specified violations of requirements to pay a toll only
85when the points are imposed by a court; repealing s.
86332.14, F.S., relating to the Secure Airports for
87Florida's Economy Council; providing for the use of funds
88accrued by the Secure Airports for Florida's Economy
89Council; amending s. 337.14, F.S.; revising application
90procedures for the qualification of contractors; requiring
91any required interim financial statement to be accompanied
92by an updated application; amending s. 337.401, F.S.;
93revising provisions for rules of the department that
94provide for the placement of and access to certain
95electrical transmission lines on the right-of-way of
96department-controlled roads; authorizing the rules to
97include that the use of the limited access right-of-way
98for longitudinal placement of such transmission lines is
99reasonable based upon consideration of certain economic
100and environmental factors; providing that removal or
101relocation of a transmission line shall be at the expense
102of the utility; amending s. 337.406, F.S.; prohibiting
103camping on certain parts of the right-of-way of the State
104Highway System; amending s. 338.155, F.S.; authorizing the
105department to adopt rules relating to the payment,
106collection, and enforcement of tolls; amending ss. 341.051
107and 341.3025, F.S.; requiring the use of universally
108accepted contactless fare media on new or upgraded public
109rail transit systems or public transit systems connecting
110to such rail systems; amending s. 343.64, F.S.;
111authorizing the Central Florida Regional Transportation
112Authority to borrow funds under certain circumstances;
113amending s. 348.51, F.S.; revising the definition for the
114term "bonds" when used in the Tampa-Hillsborough County
115Expressway Authority Law; amending s. 348.545, F.S.;
116authorizing certain costs to be financed by bonds issued
117on behalf of the Tampa-Hillsborough County Expressway
118Authority pursuant to the State Bond Act or bonds issued
119by the authority under specified provisions; amending s.
120348.56, F.S.; authorizing bonds to be issued on behalf of
121the authority pursuant to the State Bond Act or issued by
122the authority under specified provisions; revising
123requirements for such bonds; requiring the bonds to be
124sold at public sale; authorizing the authority to
125negotiate the sale of bonds with underwriters under
126certain circumstances; amending s. 348.565, F.S.;
127providing that facilities of the expressway system are
128approved to be refinanced by the revenue bonds issued by
129the Division of Bond Finance of the State Board of
130Administration and the State Bond Act or by revenue bonds
131issued by the authority; providing that certain projects
132of the authority are approved for financing or refinancing
133by revenue bonds; amending s. 348.57, F.S.; authorizing
134the authority to provide for the issuance of certain bonds
135for the refunding of bonds outstanding regardless of
136whether the bonds being refunded were issued by the
137authority or on behalf of the authority; amending s.
138348.70, F.S.; providing that the Tampa-Hillsborough County
139Expressway Authority Law does not repeal, rescind, or
140modify any other laws; providing that such law supersedes
141laws that are inconsistent with the provisions of that
142law; creating part XI of ch. 348, F.S.; creating s.
143348.9950, F.S.; providing a short title; creating s.
144348.9951, F.S.; providing that certain terms have the same
145meaning as in the Florida Expressway Authority Act for
146certain purposes; creating s. 348.9952, F.S.; creating the
147Osceola County Expressway Authority as an agency of the
148state; providing for a governing body of the authority;
149providing for membership, terms, organization, personnel,
150and administration; authorizing payment of travel and
151other expenses; directing the authority to cooperate with
152and participate in any efforts to establish a regional
153expressway authority; declaring that the authority is not
154eligible for voting membership in certain metropolitan
155planning organizations; creating s. 348.9953, F.S.;
156providing purposes and powers of the authority; creating
157s. 348.9954, F.S.; authorizing the issuance of bonds to
158pay or secure certain obligations; creating s. 348.9955,
159F.S.; authorizing the authority to enter into certain
160agreements; creating s. 348.9956, F.S.; authorizing the
161department to act as the authority's appointed agent under
162certain circumstances; creating s. 348.9957, F.S.;
163authorizing the authority to acquire certain lands and
164property; authorizing the authority to exercise eminent
165domain; creating s. 348.9958, F.S.; authorizing certain
166entities to enter into agreements with the authority;
167creating s. 348.9959, F.S.; providing legislative intent
168and a pledge of the state to bondholders; creating s.
169348.9960, F.S.; exempting the authority from taxation;
170providing an exemption from taxes for bonds issued by or
171on behalf of the authority and the income therefrom;
172providing an exception; creating s. 348.9961, F.S.;
173providing for dissolution of the authority under certain
174circumstances; amending s. 369.317, F.S.; providing that
175certain activity relating to mitigation of certain
176environmental impacts in the Wekiva Study Area or the
177Wekiva parkway alignment corridor meet specified impact
178requirements under certain conditions; amending s.
179373.41492, F.S.; increasing the mitigation fee for mining
180activities in the Miami-Dade County Lake Belt; suspending
181an annual increase in the mitigation fee; revising the
182frequency of an interagency committee report; amending s.
183403.4131, F.S.; removing provisions relating to a report
184on the adopt-a-highway program; amending s. 479.01, F.S.;
185defining the terms "allowable uses," "commercial use,"
186"industrial use," and "zoning category" and revising the
187definition of the terms "commercial or industrial zone"
188and "main-traveled way" for purposes of provisions
189relating to outdoor advertising; conforming cross-
190references; amending s. 479.07, F.S.; providing for the
191placement of new or replacement signs erected on an
192interstate highway in certain areas; requiring such sign
193to be located on land designated for commercial or
194industrial use under the future land use map and land use
195development regulations; exempting such location from
196specified evaluation criteria; amending s. 479.261, F.S.;
197removing a provision authorizing the Department of
198Transportation to rotate certain logo signs relating to
199gas, food, and lodging services on the rights-of-way of
200the interstate highway system during a specified period;
201reducing the annual permit fees for businesses
202participating in the interstate highway logo sign program;
203designating pts. I and II of ch. 479, F.S., entitled
204"General Provisions" and "Special Programs," respectively;
205creating pt. III of ch. 479, F.S., entitled "Sign
206Removal"; creating s. 479.310, F.S.; providing intent
207relating to unpermitted and illegal signs; placing
208financial responsibility for the removal of such signs;
209providing the department authority to recover costs of
210removal of such signs; creating s. 479.311, F.S.,
211providing jurisdiction to consider claims to recover
212costs; defining the term "venue" for the purposes of a
213claim filed by the department; creating s. 479.312, F.S.;
214providing that costs incurred by the department in
215removing certain signs shall be assessed against certain
216individuals; providing presumption of a ownership;
217creating s. 479.313, F.S.; providing for the assessment of
218the cost of removal for signs following the revocation of
219a sign permit; creating s. 479.315, F.S.; providing for
220the assessment of the cost of removal of signs located
221within a highway right-of-way; amending s. 705.18, F.S.;
222removing provisions for disposal of personal property lost
223or abandoned at certain public-use airports; creating s.
224705.182, F.S.; providing for disposal of personal property
225found on premises owned or controlled by the operator of a
226public-use airport; providing a timeframe for the property
227to be claimed; providing options for disposing of such
228personal property; providing procedures for selling
229abandoned personal property; providing for notice of sale;
230providing that the rightful owner of such property may
231reclaim the property at any time prior to sale; permitting
232airport tenants to establish lost and found procedures;
233providing that purchaser holds title to the property free
234of the rights of persons then holding any legal or
235equitable interest thereto; creating s. 705.183, F.S.;
236providing for disposition of derelict or abandoned
237aircraft on the premises of public-use airports; providing
238procedures for such disposition; requiring a record of
239when the aircraft is found; defining the terms "derelict
240aircraft" and "abandoned aircraft"; providing for
241notification of aircraft owner and all persons having an
242equitable or legal interest in the aircraft; providing for
243notice if the owner of the aircraft is unknown or cannot
244be found; providing for disposition if the aircraft is not
245removed upon payment of required fees; requiring any sale
246of the aircraft to be at a public auction; providing
247notice requirements for such public auction; providing
248procedures for disposal of the aircraft; providing for
249liability if charges and costs related to the disposition
250are more than that obtained from the sale; providing for a
251lien by the airport for fees and charges; providing for
252notice of lien; requiring recording of a claim of lien;
253providing for the form of the claim of lien; providing for
254service of the claim of lien; providing that the purchaser
255of the aircraft takes the property free of rights of
256persons holding legal or equitable interest in the
257aircraft; requiring purchaser or recipient to notify the
258Federal Aviation Administration of change in ownership;
259providing for disposition of moneys received for an
260aircraft sold at public sale; authorizing the airport to
261issue documents relating to the aircraft's disposal;
262creating s. 705.184, F.S.; providing for disposition of
263derelict or abandoned motor vehicles on the premises of
264public-use airports; providing procedures; requiring
265recording of the abandoned motor vehicle; defining the
266terms "derelict motor vehicle" and "abandoned motor
267vehicle"; providing for removal of such motor vehicle from
268airport premises; providing for notice to the owner, the
269company insuring the motor vehicle, and any lienholder;
270providing for disposition if the motor vehicle is not
271removed upon payment of required fees; requiring any sale
272of the motor vehicle to be at a public auction; providing
273notice requirements for such public auction; providing
274procedures for disposal of the motor vehicle; providing
275for a lien by the airport or a licensed independent
276wrecker for fees and charges; providing for notice of
277lien; requiring recording of a claim of lien; providing
278for the form of the claim of lien; providing for service
279of claim of lien; providing that the purchaser of the
280motor vehicle takes the property free of the rights of
281persons holding legal or equitable interest in the motor
282vehicle; amending s. 479.156, F.S.; conforming cross-
283references; providing an effective date.
284
285Be It Enacted by the Legislature of the State of Florida:
286
287     Section 1.  Subsection (1) of section 212.055, Florida
288Statutes, is amended to read:
289     212.055  Discretionary sales surtaxes; legislative intent;
290authorization and use of proceeds.-It is the legislative intent
291that any authorization for imposition of a discretionary sales
292surtax shall be published in the Florida Statutes as a
293subsection of this section, irrespective of the duration of the
294levy. Each enactment shall specify the types of counties
295authorized to levy; the rate or rates which may be imposed; the
296maximum length of time the surtax may be imposed, if any; the
297procedure which must be followed to secure voter approval, if
298required; the purpose for which the proceeds may be expended;
299and such other requirements as the Legislature may provide.
300Taxable transactions and administrative procedures shall be as
301provided in s. 212.054.
302     (1)  CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
303SURTAX.-
304     (a)  Each charter county that has adopted a charter, and
305each county the government of which is consolidated with that of
306one or more municipalities, and each county that is within or
307under an interlocal agreement with a regional transportation or
308transit authority created under chapter 343 or chapter 349 may
309levy a discretionary sales surtax, subject to approval by a
310majority vote of the electorate of the county or by a charter
311amendment approved by a majority vote of the electorate of the
312county.
313     (b)  The rate shall be up to 1 percent.
314     (c)  The proposal to adopt a discretionary sales surtax as
315provided in this subsection and to create a trust fund within
316the county accounts shall be placed on the ballot in accordance
317with law at a time to be set at the discretion of the governing
318body.
319     (d)  Proceeds from the surtax shall be applied to as many
320or as few of the uses enumerated below in whatever combination
321the county commission deems appropriate:
322     1.  Deposited by the county in the trust fund and shall be
323used for the purposes of development, construction, equipment,
324maintenance, operation, supportive services, including a
325countywide bus system, on-demand transportation services, and
326related costs of a fixed guideway rapid transit system;
327     2.  Remitted by the governing body of the county to an
328expressway, transit, or transportation authority created by law
329to be used, at the discretion of such authority, for the
330development, construction, operation, or maintenance of roads or
331bridges in the county, for the operation and maintenance of a
332bus system, for the operation and maintenance of on-demand
333transportation services, for the payment of principal and
334interest on existing bonds issued for the construction of such
335roads or bridges, and, upon approval by the county commission,
336such proceeds may be pledged for bonds issued to refinance
337existing bonds or new bonds issued for the construction of such
338roads or bridges;
339     3.  Used by the charter county for the development,
340construction, operation, and maintenance of roads and bridges in
341the county; for the expansion, operation, and maintenance of bus
342and fixed guideway systems; for the expansion, operation, and
343maintenance of on-demand transportation services; and for the
344payment of principal and interest on bonds issued for the
345construction of fixed guideway rapid transit systems, bus
346systems, roads, or bridges; and such proceeds may be pledged by
347the governing body of the county for bonds issued to refinance
348existing bonds or new bonds issued for the construction of such
349fixed guideway rapid transit systems, bus systems, roads, or
350bridges and no more than 25 percent used for nontransit uses;
351and
352     4.  Used by the charter county for the planning,
353development, construction, operation, and maintenance of roads
354and bridges in the county; for the planning, development,
355expansion, operation, and maintenance of bus and fixed guideway
356systems; for the planning, development, construction, operation,
357and maintenance of on-demand transportation services; and for
358the payment of principal and interest on bonds issued for the
359construction of fixed guideway rapid transit systems, bus
360systems, roads, or bridges; and such proceeds may be pledged by
361the governing body of the county for bonds issued to refinance
362existing bonds or new bonds issued for the construction of such
363fixed guideway rapid transit systems, bus systems, roads, or
364bridges. Pursuant to an interlocal agreement entered into
365pursuant to chapter 163, the governing body of the charter
366county may distribute proceeds from the tax to a municipality,
367or an expressway or transportation authority created by law to
368be expended for the purpose authorized by this paragraph. Any
369charter county that has entered into interlocal agreements for
370distribution of proceeds to one or more municipalities in the
371county shall revise such interlocal agreements no less than
372every 5 years in order to include any municipalities that have
373been created since the prior interlocal agreements were
374executed.
375     (e)  As used in this subsection, the term "on-demand
376transportation services" means transportation provided between
377flexible points of origin and destination selected by individual
378users with such service being provided at a time that is agreed
379upon by the user and the provider of the service and that is not
380fixed-schedule or fixed-route in nature.
381     Section 2.  Paragraph (b) of subsection (3) of section
382310.0015, Florida Statutes, is amended to read:
383     310.0015  Piloting regulation; general provisions.-
384     (3)  The rate-setting process, the issuance of licenses
385only in numbers deemed necessary or prudent by the board, and
386other aspects of the economic regulation of piloting established
387in this chapter are intended to protect the public from the
388adverse effects of unrestricted competition which would result
389from an unlimited number of licensed pilots being allowed to
390market their services on the basis of lower prices rather than
391safety concerns. This system of regulation benefits and protects
392the public interest by maximizing safety, avoiding uneconomic
393duplication of capital expenses and facilities, and enhancing
394state regulatory oversight. The system seeks to provide pilots
395with reasonable revenues, taking into consideration the normal
396uncertainties of vessel traffic and port usage, sufficient to
397maintain reliable, stable piloting operations. Pilots have
398certain restrictions and obligations under this system,
399including, but not limited to, the following:
400     (b)  Pilots may not unilaterally determine the pilotage
401rates they charge. Such pilotage rates shall instead be
402determined by the Pilotage Rate Review Committee Board, in the
403public interest, as set forth in s. 310.151.
404     Section 3.  Subsection (7) of section 310.002, Florida
405Statutes, is amended to read:
406     310.002  Definitions.-As used in this chapter, except where
407the context clearly indicates otherwise:
408     (7)  "Pilotage" means the compensation fixed by the
409Pilotage Rate Review Committee Board which is payable by a
410vessel, its owners, agents, charterers, or consignees to one or
411more pilots in the port where piloting is performed. The word
412"pilotage" also means the compensation of all types and sources
413derived by one or more pilots or deputy pilots for the
414performance of piloting at that port by licensed pilots or by
415certificated deputy pilots, whether such piloting is performed
416pursuant to this chapter or is performed by state-licensed
417pilots or state-certificated deputy pilots when acting as a
418federal pilot for vessels not required by this chapter to use a
419state-licensed pilot or state-certificated deputy pilot.
420     Section 4.  Section 310.011, Florida Statutes, is amended
421to read:
422     310.011  Board of Pilot Commissioners.-
423     (1)  A board is established within the Division of
424Professions of the Department of Business and Professional
425Regulation to be known as the Board of Pilot Commissioners. The
426board shall be composed of 10 members, to be appointed by the
427Governor, as follows: five members 5 of whom shall be licensed
428state pilots actively practicing their profession; two members
429shall be actively involved in a professional or business
430capacity in the maritime industry, marine shipping industry, or
431commercial passenger cruise industry; one member shall be a
432certified public accountant with at least 5 years of experience
433in financial management; and two members shall be citizens of
434the state. The latter three board members shall not be involved
435in, or have any financial interest in, the piloting profession,
436the maritime industry, the marine shipping industry, or the
437commercial passenger cruise industry. The board shall perform
438such duties and possess and exercise such powers relative to the
439protection of the waters, harbors, and ports of this state as
440are prescribed and conferred on it in this chapter.
441     (2)  In accordance with the requirements of subsection (1),
442the Governor shall appoint five licensed state pilots who are
443actively practicing their profession and five citizens of the
444state who are not pilots, one of whom shall be actively involved
445in a professional or business capacity in maritime or marine
446shipping, one of whom shall be a user of piloting services, and
447three of whom shall not be involved or monetarily interested in
448the piloting profession or in the maritime industry or marine
449shipping, to constitute the members of the board. For purposes
450of this subsection, a "user of piloting services" may include
451any person with an ownership interest in a business that
452regularly employs licensed state pilots or certificated deputy
453pilots for the purpose of delivering piloting services, or any
454person who is a direct employee of, and who is employed in a
455management position for, that business. Each member shall be
456appointed for a term of 4 years. The Governor shall have power
457to remove members of the board from office for neglect of duty
458required by this chapter, for incompetency, or for
459unprofessional conduct. Any vacancy which may occur in the board
460in consequence of death, resignation, removal from the state, or
461other cause shall be filled for the unexpired term by the
462Governor in the same manner. A majority of those serving on the
463board shall constitute a quorum.
464     (3)  In appointing members to the board who are pilots, the
465Governor shall appoint one member from the state at large; one
466member from any of the following ports: Pensacola, Panama City,
467or Port St. Joe; one member from any of the following ports:
468Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
469West; one member from any of the following ports: Fernandina,
470Jacksonville, or Port Canaveral; and one member from any of the
471following ports: Ft. Pierce, Miami, Port Everglades, or Palm
472Beach.
473     Section 5.  Section 310.151, Florida Statutes, is amended
474to read:
475     310.151  Rates of pilotage; Pilotage Rate Review Committee
476Board.-
477     (1)(a)  As used in For the purposes of this section, the
478term:
479     1.  "Committee" "board" means the Pilotage Rate Review
480Committee established under this section as part of the Board of
481Pilot Commissioners.
482     2.  "Board" means the Board of Pilot Commissioners.
483     (b)1.  To carry out the provisions of this section, the
484Pilotage Rate Review Committee Board is established as part of
485the Board of Pilot Commissioners created within the Department
486of Business and Professional Regulation. Members shall be
487appointed by the Governor, subject to confirmation by the
488Senate. Members shall be appointed for 4-year terms, except as
489otherwise specified in this paragraph. No member may serve more
490than two consecutive 4-year terms or more than 11 years on the
491board. The committee board shall consist of the following seven
492members of the board: two board members who are licensed state
493pilots actively practicing their profession, who shall be
494appointed by majority vote of the licensed state pilots serving
495on the board; two board members who are actively involved in a
496professional or business capacity in the maritime industry,
497marine shipping industry, or commercial passenger cruise
498industry; one board member who is a certified public accountant
499with at least 5 years of experience in financial management; and
500two board members who are citizens of the state. No member may
501have ever served as a state pilot or deputy pilot, and no member
502may currently serve or have served as a direct employee,
503contract employee, partner, corporate officer, sole proprietor,
504or representative of any vessel operator, shipping agent, or
505pilot association or organization, except that one member shall
506be or have been a person licensed by the United States Coast
507Guard as an unlimited master, without a first-class pilot's
508endorsement, initially appointed to a 2-year term. One member
509shall be a certified public accountant with at least 5 years'
510experience in financial management, initially appointed to a 3-
511year term. One member shall be a former hearing officer or
512administrative law judge of the Division of Administrative
513Hearings, as defined in s. 120.65, or a former judge who has
514served on the Supreme Court or any district court of appeal,
515circuit court, or county court, initially appointed to a 4-year
516term. Except as otherwise provided in subparagraph 2., the
517remaining members shall be appointed by the Governor from among
518persons not prohibited pursuant to this paragraph. Members of
519the board shall be appointed so as to be geographically
520distributed, with the southern, central, northeastern, and
521northwestern regions of the state having at least one member
522each.
523     2.  Three members shall be the consumer members of the
524Board of Pilot Commissioners serving on that board as of January
5251, 1994. Of those members, one shall be appointed to a 1-year
526term, one shall be appointed to a 2-year term, and one shall be
527appointed to a 3-year term. Each of those members shall be
528eligible for reappointment in the same fashion as other members
529of the board, but, thereafter, no member of the board shall be a
530current or former member of the Board of Pilot Commissioners.
531The service of the consumer members of the Board of Pilot
532Commissioners on this board, while they are maintaining
533concurrent membership with the Board of Pilot Commissioners,
534shall be considered duties in addition to and related to their
535duties on the Board of Pilot Commissioners. In the event that
536any of the three board members stipulated according to this
537subparagraph are unable to serve, the Governor shall fill the
538position or positions by appointment from among persons not
539prohibited pursuant to this paragraph.
540     (c)  Committee members shall comply with the disclosure
541requirements of s. 112.3143(4) if participating in any matter
542that would result in special private gain or loss as described
543in that subsection.
544     (d)(c)  The committee board has authority to adopt rules
545pursuant to ss. 120.536(1) and 120.54 to implement provisions of
546this section conferring duties upon it. The department shall
547provide the staff required by the committee board to carry out
548its duties under this section.
549     (e)(d)  All funds received pursuant to this section shall
550be placed in the account of the Board of Pilot Commissioners,
551and the Board of Pilot Commissioners shall pay for all expenses
552incurred pursuant to this section.
553     (2)  Any pilot, group of pilots, or other person or group
554of persons whose substantial interests are directly affected by
555the rates established by the committee board may apply to the
556committee board for a change in rates. However, an application
557for a change in rates shall not be considered for any port for
558which rates have been changed by this committee board in the 18
559months preceding the filing of the application. All applications
560for changes in rates shall be made to the committee board, in
561writing, pursuant to rules prescribed by the committee
562the case of an application for a rate change on behalf of a
563pilot or group of pilots, the application shall be accompanied
564by a consolidated financial statement, statement of profit or
565loss, and balance sheet prepared by a certified public
566accountant of the pilot or group of pilots and all relevant
567information, fiscal and otherwise, on the piloting activities
568within the affected port area, including financial information
569on all entities owned or partially owned by the pilot or group
570of pilots which provide pilot-related services in the affected
571port area. In the case of an application for a rate change filed
572on behalf of persons other than a pilot or group of pilots,
573information regarding the financial state of interested parties
574other than pilots shall be required only to the extent that such
575financial information is made relevant by the application or
576subsequent argument before the committee board. The committee
577board shall have the authority to set, by rule, a rate review
578application fee of up to $1,000, which must be submitted to the
579committee board upon the filing of the application for a rate
580change.
581     (3)  The committee board shall investigate and determine
582whether the requested rate change will result in fair, just, and
583reasonable rates of pilotage pursuant to rules prescribed by the
584committee board. In addition to publication as required by law,
585notice of a hearing to determine rates shall be mailed to each
586person who has formally requested notice of any rate change in
587the affected port area. The notice shall advise all interested
588parties that they may file an answer, an additional or
589alternative petition, or any other applicable pleading or
590response, within 30 days after the date of publication of the
591notice, and the notice shall specify the last date by which any
592such pleading must be filed. The committee board may, for good
593cause, extend the period for responses to a petition. Multiple
594petitions filed in this manner do not warrant separate hearings,
595and these petitions shall be consolidated to the extent that it
596shall not be necessary to hold a separate hearing on each
597petition. The committee board shall conclude its investigation,
598conduct a public hearing, and determine whether to modify the
599existing rates of pilotage in that port within 60 days after the
600filing of the completed application, except that the committee
601board may not be required to complete a hearing for more than
602one port within any 60-day period. Hearings shall be held in the
603affected port area, unless a different location is agreed upon
604by all parties to the proceeding.
605     (4)(a)  The applicant shall be given written notice, either
606in person or by certified mail, that the committee board intends
607to modify the pilotage rates in that port and that the applicant
608may, within 21 days after receipt of the notice, request a
609hearing pursuant to the Administrative Procedure Act. Notice of
610the intent to modify the pilotage rates in that port shall also
611be published in the Florida Administrative Weekly and in a
612newspaper of general circulation in the affected port area and
613shall be mailed to any person who has formally requested notice
614of any rate change in the affected port area. Within 21 days
615after receipt or publication of notice, any person whose
616substantial interests will be affected by the intended committee
617board action may request a hearing pursuant to the
618Administrative Procedure Act. If the committee board concludes
619that the petitioner has raised a disputed issue of material
620fact, the committee board shall designate a hearing, which shall
621be conducted by formal proceeding before an administrative law
622judge assigned by the Division of Administrative Hearings
623pursuant to ss. 120.569 and 120.57(1), unless waived by all
624parties. If the committee board concludes that the petitioner
625has not raised a disputed issue of material fact and does not
626designate the petition for hearing, that decision shall be
627considered final agency action for purposes of s. 120.68. The
628failure to request a hearing within 21 days after receipt or
629publication of notice shall constitute a waiver of any right to
630an administrative hearing and shall cause the order modifying
631the pilotage rates in that port to be entered. If an
632administrative hearing is requested pursuant to this subsection,
633notice of the time, date, and location of the hearing shall be
634published in the Florida Administrative Weekly and in a
635newspaper of general circulation in the affected port area and
636shall be mailed to the applicant and to any person who has
637formally requested notice of any rate change for the affected
638port area.
639     (b)  In any administrative proceeding pursuant to this
640section, the committee's board's proposed rate determination
641shall be immediately effective and shall not be stayed during
642the administrative proceeding, provided that, pending rendition
643of the committee's board's final order, the pilot or pilots in
644the subject port deposit in an interest-bearing account all
645amounts received which represent the difference between the
646previous rates and the proposed rates. The pilot or pilots in
647the subject port shall keep an accurate accounting of all
648amounts deposited, specifying by whom or on whose behalf such
649amounts were paid, and shall produce such an accounting upon
650request of the committee board. Upon rendition of the
651committee's board's final order:
652     1.  Any amounts deposited in the interest-bearing account
653which are sustained by the final order shall be paid over to the
654pilot or pilots in the subject port, including all interest
655accrued on such funds; and
656     2.  Any amounts deposited which exceed the rates sustained
657in the committee's board's final order shall be refunded, with
658the accrued interest, to those customers from whom the funds
659were collected. Any funds that are not refunded after diligent
660effort of the pilot or pilots to do so shall be disbursed by the
661pilot or pilots as the committee board shall direct.
662     (5)(a)  In determining whether the requested rate change
663will result in fair, just, and reasonable rates, the committee
664board shall give primary consideration to the public interest in
665promoting and maintaining efficient, reliable, and safe piloting
666services.
667     (b)  The committee board shall also give consideration to
668the following factors:
669     1.  The public interest in having qualified pilots
670available to respond promptly to vessels needing their service.
671     2.  A determination of the average net income of pilots in
672the port, including the value of all benefits derived from
673service as a pilot. For the purposes of this subparagraph, "net
674income of pilots" refers to total pilotage fees collected in the
675port, minus reasonable operating expenses, divided by the number
676of licensed and active state pilots within the ports.
677     3.  Reasonable operating expenses of pilots.
678     4.  Pilotage rates in other ports.
679     5.  The amount of time each pilot spends on actual piloting
680duty and the amount of time spent on other essential support
681services.
682     6.  The prevailing compensation available to individuals in
683other maritime services of comparable professional skill and
684standing as that sought in pilots, it being recognized that in
685order to attract to the profession of piloting, and to hold the
686best and most qualified individuals as pilots, the overall
687compensation accorded pilots should be equal to or greater than
688that available to such individuals in comparable maritime
689employment.
690     7.  The impact rate change may have in individual pilot
691compensation and whether such change will lead to a shortage of
692licensed state pilots, certificated deputy pilots, or qualified
693pilot applicants.
694     8.  Projected changes in vessel traffic.
695     9.  Cost of retirement and medical plans.
696     10.  Physical risks inherent in piloting.
697     11.  Special characteristics, dangers, and risks of the
698particular port.
699     12.  Any other factors the committee board deems relevant
700in determining a just and reasonable rate.
701     (c)  The committee board may take into consideration the
702consumer price index or any other comparable economic indicator
703when fixing rates of pilotage; however, because the consumer
704price index or such other comparable economic indicator is
705primarily related to net income rather than rates, the committee
706board shall not use it as the sole factor in fixing rates of
707pilotage.
708     (6)  The committee board shall fix rates of pilotage
709pursuant to this section based upon the following vessel
710characteristics:
711     (a)  Length.
712     (b)  Beam.
713     (c)  Net tonnage, gross tonnage, or dead weight tonnage.
714     (d)  Freeboard or height above the waterline.
715     (e)  Draft or molded depth.
716     (f)  Any combination of the vessel characteristics listed
717in this subsection or any other relevant vessel characteristic
718or characteristics.
719     (7)  The decisions of the committee regarding rates are not
720appealable to the board.
721     Section 6.  By October 31, 2010, the Governor shall appoint
722to the Board of Pilot Commissioners: two members actively
723involved in a professional or business capacity in the maritime
724industry, marine shipping industry, or commercial passenger
725cruise industry; one member who is a certified public accountant
726with at least 5 years of experience in financial management; and
727two members who are citizens of the state. Notwithstanding any
728other provision of this act, the nonpilot members of the board
729as of the effective date of this act shall continue to serve
730until the Governor makes the appointments required in this
731section. The terms of the pilot members of the board shall not
732be affected by this section. Any pending matters before the
733Pilotage Rate Review Board as of the effective date of this act
734shall be transferred for further action to the Pilotage Rate
735Review Committee.
736     Section 7.  Paragraph (c) of subsection (12) of section
737315.03, Florida Statutes, is repealed.
738     Section 8.  Subsection (86) is added to section 316.003,
739Florida Statutes, to read:
740     316.003  Definitions.-The following words and phrases, when
741used in this chapter, shall have the meanings respectively
742ascribed to them in this section, except where the context
743otherwise requires:
744     (86)  MOTOR CARRIER TRANSPORTATION CONTRACT.-
745     (a)  A contract, agreement, or understanding covering:
746     1.  The transportation of property for compensation or hire
747by the motor carrier;
748     2.  Entrance on property by the motor carrier for the
749purpose of loading, unloading, or transporting property for
750compensation or hire; or
751     3.  A service incidental to activity described in
752subparagraph 1. or subparagraph 2., including, but not limited
753to, storage of property.
754     (b)  "Motor carrier transportation contract" does not
755include the Uniform Intermodal Interchange and Facilities Access
756Agreement administered by the Intermodal Association of North
757America or other agreements providing for the interchange, use,
758or possession of intermodal chassis, containers, or other
759intermodal equipment.
760     Section 9.  Paragraph (b) of subsection (2) and subsection
761(4) of section 316.1001, Florida Statutes, are amended to read:
762     316.1001  Payment of toll on toll facilities required;
763penalties.-
764     (2)
765     (b)  A citation issued under this subsection may be issued
766by mailing the citation by first-class first class mail, or by
767certified mail, return receipt requested, to the address of the
768registered owner of the motor vehicle involved in the violation.
769Receipt of Mailing the citation to this address constitutes
770notification. In the case of joint ownership of a motor vehicle,
771the traffic citation must be mailed to the first name appearing
772on the registration, unless the first name appearing on the
773registration is a business organization, in which case the
774second name appearing on the registration may be used. A
775citation issued under this paragraph must be mailed to the
776registered owner of the motor vehicle involved in the violation
777within 14 days after the date of issuance of the citation
778violation. In addition to the citation, notification must be
779sent to the registered owner of the motor vehicle involved in
780the violation specifying remedies available under ss. 318.14(12)
781and 318.18(7).
782     (4)  Any governmental entity, including, without
783limitation, a clerk of court, may provide supply the department
784with data that is machine readable by the department's computer
785system, listing persons who have one or more outstanding
786violations of this section, with reference to the person's
787driver's license number or vehicle registration number in the
788case of a business entity. Pursuant to s. 320.03(8), those
789persons may not be issued a license plate or revalidation
790sticker for any motor vehicle.
791     Section 10.  Paragraph (b) of subsection (1) of section
792316.302, Florida Statutes, is amended, and subsection (12) is
793added to that section, to read:
794     316.302  Commercial motor vehicles; safety regulations;
795transporters and shippers of hazardous materials; enforcement.-
796     (1)
797     (b)  Except as otherwise provided in this section, all
798owners or drivers of commercial motor vehicles that are engaged
799in intrastate commerce are subject to the rules and regulations
800contained in 49 C.F.R. parts 382, 385, and 390-397, with the
801exception of 49 C.F.R. s. 390.5 as it relates to the definition
802of bus, as such rules and regulations existed on October 1, 2009
8032007.
804     (12)(a)  Notwithstanding any provision of law to the
805contrary, a provision, clause, covenant, or agreement contained
806in, collateral to, or affecting a motor carrier transportation
807contract that purports to indemnify, defend, or hold harmless,
808or has the effect of indemnifying, defending, or holding
809harmless, the promisee from or against any liability for loss or
810damage resulting from the negligence or intentional acts or
811omissions of the promisee is against the public policy of this
812state and is void and unenforceable.
813     (b)  As used in this subsection, the term "promisee" means
814the contract's promisee and any agents, employees, servants, or
815independent contractors who are directly responsible to the
816contract's promisee, except that the term does not include motor
817carriers which are party to a motor carrier transportation
818contract with the contract's promisee, including such motor
819carrier's agents, employees, servants, or independent
820contractors directly responsible to such motor carrier.
821     (c)  This subsection only applies to motor carrier
822transportation contracts entered into or renewed on or after
823July 1, 2010.
824     Section 11.  Paragraph (c) of subsection (8) of section
825316.515, Florida Statutes, is amended to read:
826     316.515  Maximum width, height, length.-
827     (8)  WRECKERS.-The limitations imposed by this section do
828not apply to a combination of motor vehicles consisting of a
829wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
830disabled motor vehicle, trailer, semitrailer, or tractor-trailer
831combination, or a replacement motor vehicle, which is under tow
832by the wrecker, if the size and weight of the towed vehicle is
833consistent with statutory requirements and the requirements of
834this subsection.
835     (c)  Where the combined weight of the wrecker and the towed
836vehicle exceeds the maximum weight limits as established by s.
837316.535, the wrecker must be operating under a current wrecker
838special use permit or permits as provided in s. 316.550(5)(4) or
839in accordance with paragraph (b).
840     Section 12.  Paragraphs (c) and (d) of subsection (3) of
841section 316.545, Florida Statutes, are redesignated as
842paragraphs (d) and (e), respectively, and a new paragraph (c) is
843added to that subsection to read:
844     316.545  Weight and load unlawful; special fuel and motor
845fuel tax enforcement; inspection; penalty; review.-
846     (3)  Any person who violates the overloading provisions of
847this chapter shall be conclusively presumed to have damaged the
848highways of this state by reason of such overloading, which
849damage is hereby fixed as follows:
850     (c)  For a vehicle equipped with fully functional idle-
851reduction technology, any penalty shall be calculated by
852reducing the actual gross vehicle weight or the internal bridge
853weight by the certified weight of the idle-reduction technology
854or by 400 pounds, whichever is less. The vehicle operator must
855present written certification of the weight of the idle-
856reduction technology and must demonstrate or certify that the
857idle-reduction technology is fully functional at all times. This
858calculation is not allowed for vehicles described in s.
859316.535(6);
860     Section 13.  Subsections (4) through (10) of section
861316.550, Florida Statutes, are renumbered as subsections (5)
862through (11), respectively, present subsection (7) is amended,
863and a new subsection (4) is added to that section, to read:
864     316.550  Operations not in conformity with law; special
865permits.-
866     (4)(a)  The Department of Transportation or local authority
867may issue permits that authorize commercial vehicles having
868weights not exceeding the limits of s. 316.535(5), plus the
869scale tolerance provided in s. 316.545(2), to operate off the
870interstate highway system on a designated route specified in the
871permit. Such permits shall be issued within 14 days after
872receipt of the request.
873     (b)  The designated route shall avoid any bridge which the
874department determines cannot safely accommodate vehicles with a
875gross vehicle weight authorized in paragraph (a).
876     (c)  Any vehicle or combination of vehicles which exceeds
877the weight limits authorized in paragraph (a) shall be unloaded
878and all material so unloaded shall be cared for by the owner or
879operator.
880     (8)(7)  The Department of Transportation may impose fines
881for the operation of a vehicle in violation of this section, as
882provided in subsection (10) (9).
883     Section 14.  Subsection (7) of section 318.18, Florida
884Statutes, is amended to read:
885     318.18  Amount of penalties.-The penalties required for a
886noncriminal disposition pursuant to s. 318.14 or a criminal
887offense listed in s. 318.17 are as follows:
888     (7)  Mandatory $100 fine for each violation of s. 316.1001
889plus the amount of the unpaid toll shown on the traffic citation
890for each citation issued. The clerk of the court shall forward
891$25 of the $100 fine received, plus the amount of the unpaid
892toll that is shown on the citation, to the governmental entity
893that issued the citation for citations issued by toll
894enforcement officers or to the entity administering the tolls at
895the facility where the violation occurred for citations issued
896by law enforcement officers. However, a person may elect to pay
897$30 to the clerk of the court, plus the amount of the unpaid
898toll that is shown on the citation, in which case adjudication
899is withheld, and no points may be assessed under s. 322.27. Upon
900receipt of the $30 and unpaid toll amount, the clerk of the
901court shall retain $5 for administrative purposes and shall
902forward the remaining $25, plus the amount of the unpaid toll
903shown on the citation, to the governmental entity that issued
904the citation for citations issued by toll enforcement officers
905or to the entity administering the tolls at the facility where
906the violation occurred for citations issued by law enforcement
907officers. Additionally, adjudication shall be withheld and no
908points shall be assessed under s. 322.27, except when
909adjudication is imposed by the court after a hearing pursuant to
910s. 318.14(5), or on whose behalf the citation was issued. If a
911plea arrangement is reached prior to the date set for a
912scheduled evidentiary hearing and, as a result of the plea,
913adjudication is withheld, there shall be a mandatory fine
914assessed per citation of not less than $50 and not more than
915$100, plus the amount of the unpaid toll for each citation
916issued. The clerk of the court shall forward $25 of the fine
917imposed plus the amount of the unpaid toll that is shown on the
918citation to the governmental entity that issued the citation for
919citations issued by toll enforcement officers or to the entity
920administering the tolls at the facility where the violation
921occurred for citations issued by law enforcement officers or on
922whose behalf the citation was issued. The court shall have
923specific authority to consolidate issued citations for the same
924defendant for the purpose of sentencing and aggregate
925jurisdiction. In addition, the court may direct the department
926to shall suspend for 60 days the driver's license of a person
927who is convicted of 10 violations of s. 316.1001 within a 36-
928month period. Any funds received by a governmental entity for
929this violation may be used for any lawful purpose related to the
930operation or maintenance of a toll facility.
931     Section 15.  Subsection (8) of section 320.03, Florida
932Statutes, is amended to read:
933     320.03  Registration; duties of tax collectors;
934International Registration Plan.-
935     (8)  If the applicant's name appears on the list referred
936to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
937license plate or revalidation sticker may not be issued until
938that person's name no longer appears on the list or until the
939person presents a receipt from the governmental entity or the
940clerk of court that provided the data showing that the fines
941outstanding have been paid. This subsection does not apply to
942the owner of a leased vehicle if the vehicle is registered in
943the name of the lessee of the vehicle. The tax collector and the
944clerk of the court are each entitled to receive monthly, as
945costs for implementing and administering this subsection, 10
946percent of the civil penalties and fines recovered from such
947persons. As used in this subsection, the term "civil penalties
948and fines" does not include a wrecker operator's lien as
949described in s. 713.78(13). If the tax collector has private tag
950agents, such tag agents are entitled to receive a pro rata share
951of the amount paid to the tax collector, based upon the
952percentage of license plates and revalidation stickers issued by
953the tag agent compared to the total issued within the county.
954The authority of any private agent to issue license plates shall
955be revoked, after notice and a hearing as provided in chapter
956120, if he or she issues any license plate or revalidation
957sticker contrary to the provisions of this subsection. This
958section applies only to the annual renewal in the owner's birth
959month of a motor vehicle registration and does not apply to the
960transfer of a registration of a motor vehicle sold by a motor
961vehicle dealer licensed under this chapter, except for the
962transfer of registrations which is inclusive of the annual
963renewals. This section does not affect the issuance of the title
964to a motor vehicle, notwithstanding s. 319.23(7)(b).
965     Section 16.  Paragraph (e) of subsection (5) of section
966320.08, Florida Statutes, is amended to read:
967     320.08  License taxes.-Except as otherwise provided herein,
968there are hereby levied and imposed annual license taxes for the
969operation of motor vehicles, mopeds, motorized bicycles as
970defined in s. 316.003(2), and mobile homes, as defined in s.
971320.01, which shall be paid to and collected by the department
972or its agent upon the registration or renewal of registration of
973the following:
974     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
975SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
976     (d)  A wrecker, as defined in s. 320.01(40), which is used
977to tow a vessel as defined in s. 327.02(39), a disabled,
978abandoned, stolen-recovered, or impounded motor vehicle as
979defined in s. 320.01(38), or a replacement motor vehicle as
980defined in s. 320.01(39): $41 flat, of which $11 shall be
981deposited into the General Revenue Fund.
982     (e)  A wrecker that is used to tow any nondisabled motor
983vehicle, regardless of whether such motor vehicle is a disabled
984motor vehicle, a replacement motor vehicle, a vessel, or any
985other cargo unless used as defined in paragraph (d), as follows:
986     1.  Gross vehicle weight of 10,000 pounds or more, but less
987than 15,000 pounds: $118 flat, of which $31 shall be deposited
988into the General Revenue Fund.
989     2.  Gross vehicle weight of 15,000 pounds or more, but less
990than 20,000 pounds: $177 flat, of which $46 shall be deposited
991into the General Revenue Fund.
992     3.  Gross vehicle weight of 20,000 pounds or more, but less
993than 26,000 pounds: $251 flat, of which $65 shall be deposited
994into the General Revenue Fund.
995     4.  Gross vehicle weight of 26,000 pounds or more, but less
996than 35,000 pounds: $324 flat, of which $84 shall be deposited
997into the General Revenue Fund.
998     5.  Gross vehicle weight of 35,000 pounds or more, but less
999than 44,000 pounds: $405 flat, of which $105 shall be deposited
1000into the General Revenue Fund.
1001     6.  Gross vehicle weight of 44,000 pounds or more, but less
1002than 55,000 pounds: $772 flat, of which $200 shall be deposited
1003into the General Revenue Fund.
1004     7.  Gross vehicle weight of 55,000 pounds or more, but less
1005than 62,000 pounds: $915 flat, of which $237 shall be deposited
1006into the General Revenue Fund.
1007     8.  Gross vehicle weight of 62,000 pounds or more, but less
1008than 72,000 pounds: $1,080 flat, of which $280 shall be
1009deposited into the General Revenue Fund.
1010     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1011flat, of which $343 shall be deposited into the General Revenue
1012Fund.
1013     Section 17.  Paragraph (b) of subsection (32) of section
1014320.08058, Florida Statutes, is amended to read:
1015     320.08058  Specialty license plates.-
1016     (32)  UNITED WE STAND LICENSE PLATES.-
1017     (b)  The department shall retain all revenues from the sale
1018of such plates until all startup costs for developing and
1019issuing the plates have been recovered. Thereafter, 100 percent
1020of the annual use fee shall be distributed to the Department of
1021Transportation to fund security-related aviation projects
1022pursuant to chapter 332 SAFE Council to fund a grant program to
1023enhance security at airports throughout the state, pursuant to
1024s. 332.14.
1025     Section 18.  Paragraph (d) of subsection (3) of section
1026322.27, Florida Statutes, is amended to read:
1027     322.27  Authority of department to suspend or revoke
1028license.-
1029     (3)  There is established a point system for evaluation of
1030convictions of violations of motor vehicle laws or ordinances,
1031and violations of applicable provisions of s. 403.413(6)(b) when
1032such violations involve the use of motor vehicles, for the
1033determination of the continuing qualification of any person to
1034operate a motor vehicle. The department is authorized to suspend
1035the license of any person upon showing of its records or other
1036good and sufficient evidence that the licensee has been
1037convicted of violation of motor vehicle laws or ordinances, or
1038applicable provisions of s. 403.413(6)(b), amounting to 12 or
1039more points as determined by the point system. The suspension
1040shall be for a period of not more than 1 year.
1041     (d)  The point system shall have as its basic element a
1042graduated scale of points assigning relative values to
1043convictions of the following violations:
1044     1.  Reckless driving, willful and wanton-4 points.
1045     2.  Leaving the scene of a crash resulting in property
1046damage of more than $50-6 points.
1047     3.  Unlawful speed resulting in a crash-6 points.
1048     4.  Passing a stopped school bus-4 points.
1049     5.  Unlawful speed:
1050     a.  Not in excess of 15 miles per hour of lawful or posted
1051speed-3 points.
1052     b.  In excess of 15 miles per hour of lawful or posted
1053speed-4 points.
1054     6.  A violation of a traffic control signal device as
1055provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1056     7.  All other moving violations (including parking on a
1057highway outside the limits of a municipality)-3 points. However,
1058no points shall be imposed for a violation of s. 316.0741 or s.
1059316.2065(12); and points shall be imposed for a violation of s.
1060316.1001 only when imposed by the court after a hearing pursuant
1061to s. 318.14(5).
1062     8.  Any moving violation covered above, excluding unlawful
1063speed, resulting in a crash-4 points.
1064     9.  Any conviction under s. 403.413(6)(b)-3 points.
1065     10.  Any conviction under s. 316.0775(2)-4 points.
1066     Section 19.  Section 332.14, Florida Statutes, is repealed.
1067     Section 20.  All funds accrued by the Secure Airports for
1068Florida's Economy Council prior to July 1, 2010, shall be
1069retained by the Department of Transportation. The Department of
1070Transportation is authorized to use these funds for statewide
1071training purposes relating to airport security and management.
1072The Department of Transportation is further authorized to use
1073these funds for security-related aviation projects pursuant to
1074chapter 332, Florida Statutes.
1075     Section 21.  Subsection (1) of section 337.14, Florida
1076Statutes, is amended to read:
1077     337.14  Application for qualification; certificate of
1078qualification; restrictions; request for hearing.-
1079     (1)  Any person desiring to bid for the performance of any
1080construction contract in excess of $250,000 which the department
1081proposes to let must first be certified by the department as
1082qualified pursuant to this section and rules of the department.
1083The rules of the department shall address the qualification of
1084persons to bid on construction contracts in excess of $250,000
1085and shall include requirements with respect to the equipment,
1086past record, experience, financial resources, and organizational
1087personnel of the applicant necessary to perform the specific
1088class of work for which the person seeks certification. The
1089department is authorized to limit the dollar amount of any
1090contract upon which a person is qualified to bid or the
1091aggregate total dollar volume of contracts such person is
1092allowed to have under contract at any one time. Each applicant
1093seeking qualification to bid on construction contracts in excess
1094of $250,000 shall furnish the department a statement under oath,
1095on such forms as the department may prescribe, setting forth
1096detailed information as required on the application. Each
1097application for certification shall be accompanied by the latest
1098annual financial statement of the applicant completed within the
1099last 12 months. If the application or the annual financial
1100statement shows the financial condition of the applicant more
1101than 4 months prior to the date on which the application is
1102received by the department, then an interim financial statement
1103must also be submitted and be accompanied by an updated
1104application. The interim financial statement must cover the
1105period from the end date of the annual statement and must show
1106the financial condition of the applicant no more than 4 months
1107prior to the date the interim financial statement on which the
1108application is received by the department. Each required annual
1109or interim financial statement must be audited and accompanied
1110by the opinion of a certified public accountant or a public
1111accountant approved by the department. The information required
1112by this subsection is confidential and exempt from the
1113provisions of s. 119.07(1). The department shall act upon the
1114application for qualification within 30 days after the
1115department determines that the application is complete. The
1116department may waive the requirements of this subsection for
1117projects having a contract price of $500,000 or less if the
1118department determines that the project is of a noncritical
1119nature and the waiver will not endanger public health, safety,
1120or property.
1121     Section 22.  Subsection (1) of section 337.401, Florida
1122Statutes, is amended to read:
1123     337.401  Use of right-of-way for utilities subject to
1124regulation; permit; fees.-
1125     (1)(a)  The department and local governmental entities,
1126referred to in ss. 337.401-337.404 as the "authority," that have
1127jurisdiction and control of public roads or publicly owned rail
1128corridors are authorized to prescribe and enforce reasonable
1129rules or regulations with reference to the placing and
1130maintaining along, across, or on any road or publicly owned rail
1131corridors under their respective jurisdictions any electric
1132transmission, telephone, telegraph, or other communications
1133services lines; pole lines; poles; railways; ditches; sewers;
1134water, heat, or gas mains; pipelines; fences; gasoline tanks and
1135pumps; or other structures referred to in this section as the
1136"utility." For aerial and underground electric utility
1137transmission lines designed to operate at 69 or more kilovolts
1138that are needed to accommodate the additional electrical
1139transfer capacity on the transmission grid resulting from new
1140base-load generating facilities, where there is no other
1141practicable alternative available for placement of the electric
1142utility transmission lines on the department's rights-of-way,
1143the department's rules shall provide for placement of and access
1144to such transmission lines adjacent to and within the right-of-
1145way of any department-controlled public roads, including
1146longitudinally within limited access facilities to the greatest
1147extent allowed by federal law, if compliance with the standards
1148established by such rules is achieved. Such rules may include,
1149but need not be limited to, that the use of the right-of-way is
1150reasonable based upon a consideration of economic and
1151environmental factors, including, without limitation, other
1152practicable alternative alignments, utility corridors and
1153easements, impacts on adjacent property owners, and minimum
1154clear zones and other safety standards, and further provide that
1155placement of the electric utility transmission lines within the
1156department's right-of-way does not interfere with operational
1157requirements of the transportation facility or planned or
1158potential future expansion of such transportation facility. If
1159the department approves longitudinal placement of electric
1160utility transmission lines in limited access facilities,
1161compensation for the use of the right-of-way is required. Such
1162consideration or compensation paid by the electric utility in
1163connection with the department's issuance of a permit does not
1164create any property right in the department's property
1165regardless of the amount of consideration paid or the
1166improvements constructed on the property by the utility. Upon
1167notice by the department that the property is needed for
1168expansion or improvement of the transportation facility, the
1169electric utility transmission line will relocate from the
1170facility at the electric utility's sole expense. The electric
1171utility shall pay to the department reasonable damages resulting
1172from the utility's failure or refusal to timely relocate its
1173transmission lines. The rules to be adopted by the department
1174may also address the compensation methodology and relocation. As
1175used in this subsection, the term "base-load generating
1176facilities" means electric power plants that are certified under
1177part II of chapter 403. The department may enter into a permit-
1178delegation agreement with a governmental entity if issuance of a
1179permit is based on requirements that the department finds will
1180ensure the safety and integrity of facilities of the Department
1181of Transportation; however, the permit-delegation agreement does
1182not apply to facilities of electric utilities as defined in s.
1183366.02(2).
1184     (b)  For aerial and underground electric utility
1185transmission lines designed to operate at 69 or more kilovolts
1186that are needed to accommodate the additional electrical
1187transfer capacity on the transmission grid resulting from new
1188base-load generating facilities, the department's rules shall
1189provide for placement of and access to such transmission lines
1190adjacent to and within the right-of-way of any department-
1191controlled public roads, including longitudinally within limited
1192access facilities where there is no other practicable
1193alternative available, to the greatest extent allowed by federal
1194law, if compliance with the standards established by such rules
1195is achieved. Without limiting or conditioning the department's
1196jurisdiction or authority described in paragraph (a), with
1197respect to limited access right-of-way, such rules may include,
1198but need not be limited to, that the use of the right-of-way for
1199longitudinal placement of electric utility transmission lines is
1200reasonable based upon a consideration of economic and
1201environmental factors, including, without limitation, other
1202practicable alternative alignments, utility corridors and
1203easements, impacts on adjacent property owners, and minimum
1204clear zones and other safety standards, and further provide that
1205placement of the electric utility transmission lines within the
1206department's right-of-way does not interfere with operational
1207requirements of the transportation facility or planned or
1208potential future expansion of such transportation facility. If
1209the department approves longitudinal placement of electric
1210utility transmission lines in limited access facilities,
1211compensation for the use of the right-of-way is required. Such
1212consideration or compensation paid by the electric utility in
1213connection with the department's issuance of a permit does not
1214create any property right in the department's property
1215regardless of the amount of consideration paid or the
1216improvements constructed on the property by the utility. Upon
1217notice by the department that the property is needed for
1218expansion or improvement of the transportation facility, the
1219electric utility transmission line will be removed or relocated
1220at the electric utility's sole expense. The electric utility
1221shall pay to the department reasonable damages resulting from
1222the utility's failure or refusal to timely remove or relocate
1223its transmission lines. The rules to be adopted by the
1224department may also address the compensation methodology and
1225removal or relocation. As used in this subsection, the term
1226"base-load generating facilities" means electric power plants
1227that are certified under part II of chapter 403.
1228     Section 23.  Subsection (4) of section 337.406, Florida
1229Statutes, is renumbered as subsection (5), and a new subsection
1230(4) is added to that section to read:
1231     337.406  Unlawful use of state transportation facility
1232right-of-way; penalties.-
1233     (4)  Camping is prohibited on any portion of the right-of-
1234way of the State Highway System that is within 100 feet of a
1235bridge, causeway, overpass, or ramp.
1236     Section 24.  Subsection (1) of section 338.155, Florida
1237Statutes, is amended to read:
1238     338.155  Payment of toll on toll facilities required;
1239exemptions.-
1240     (1)  No persons are permitted to use any toll facility
1241without payment of tolls, except employees of the agency
1242operating the toll project when using the toll facility on
1243official state business, state military personnel while on
1244official military business, handicapped persons as provided in
1245this section, persons exempt from toll payment by the
1246authorizing resolution for bonds issued to finance the facility,
1247and persons exempt on a temporary basis where use of such toll
1248facility is required as a detour route. Any law enforcement
1249officer operating a marked official vehicle is exempt from toll
1250payment when on official law enforcement business. Any person
1251operating a fire vehicle when on official business or a rescue
1252vehicle when on official business is exempt from toll payment.
1253Any person participating in the funeral procession of a law
1254enforcement officer or firefighter killed in the line of duty is
1255exempt from toll payment. The secretary, or the secretary's
1256designee, may suspend the payment of tolls on a toll facility
1257when necessary to assist in emergency evacuation. The failure to
1258pay a prescribed toll constitutes a noncriminal traffic
1259infraction, punishable as a moving violation pursuant to s.
1260318.18. The department is authorized to adopt rules relating to
1261the payment, collection, and enforcement of tolls, as authorized
1262in chapters 316, 318, 320, 322, and 338, including, but not
1263limited to, rules for the implementation of video or other image
1264billing and variable pricing guaranteed toll accounts.
1265     Section 25.  Subsection (7) is added to section 341.051,
1266Florida Statutes, to read:
1267     341.051  Administration and financing of public transit and
1268intercity bus service programs and projects.-
1269     (7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
1270     (a)  The Legislature recognizes the importance of
1271encouraging the seamless use of local and regional public
1272transportation systems by residents of and visitors to the state
1273wherever possible. The paramount concern is to encourage the
1274implementation of fare collection systems that are interoperable
1275and compatible with multiple public transportation systems
1276throughout the state.
1277     (b)  Notwithstanding any other provision of law to the
1278contrary, in order to facilitate the ease of transfer from one
1279public transportation system to another, any public transit
1280system which connects directly with a new public rail system put
1281into service after December 1, 2010, and which is adding a new
1282fare media system or is upgrading its existing fare media system
1283shall use a universally accepted contactless fare media that is
1284compatible with the American Public Transportation Association's
1285Contactless Fare Media System Standard or the applicable
1286bankcard contactless media standards and allows users to
1287purchase fares at a single point of sale with coin, cash, or
1288credit card. This paragraph does not require the use of a
1289universally accepted contactless fare media for the paratransit
1290element of any transit system or by any public transit system
1291that does not share one or more points of origin or destination
1292with a public rail system.
1293
1294For purposes of this section, the term "net operating costs"
1295means all operating costs of a project less any federal funds,
1296fares, or other sources of income to the project.
1297     Section 26.  Subsection (7) of section 341.3025, Florida
1298Statutes, is renumbered as subsection (8), and a new subsection
1299(7) is added to that section to read:
1300     341.3025  Multicounty public rail system fares and
1301enforcement.-
1302     (7)(a)  The Legislature recognizes the importance of
1303encouraging the seamless use of local and regional public
1304transportation systems by residents of and visitors to the state
1305wherever possible. The paramount concern is to encourage the
1306implementation of fare collection systems that are interoperable
1307and compatible with multiple public transportation systems
1308throughout the state.
1309     (b)  Notwithstanding any other provision of law to the
1310contrary, in order to facilitate the ease of transfer from one
1311public transportation system to another, any new public rail
1312system that is constructed after December 1, 2010, by the state,
1313an agency of the state, a regional transportation authority, or
1314one or more counties or municipalities shall use a universally
1315accepted contactless fare media that is compatible with the
1316American Public Transportation Association's Contactless Fare
1317Media System Standard or the applicable bankcard contactless
1318media standards and allows users to purchase fares at a single
1319point of sale with coin, cash, or credit card. Additionally, any
1320existing public rail system that is adding a new fare media
1321system or is upgrading its existing fare media system shall use
1322a universally accepted contactless fare media that is compatible
1323with the American Public Transportation Association's
1324Contactless Fare Media System Standard or the applicable
1325bankcard contactless media standards and allows users to
1326purchase fares at a single point of sale with coin, cash, or
1327credit card.
1328     Section 27.  Paragraph (q) is added to subsection (2) of
1329section 343.64, Florida Statutes, to read:
1330     343.64  Powers and duties.-
1331     (2)  The authority may exercise all powers necessary,
1332appurtenant, convenient, or incidental to the carrying out of
1333the aforesaid purposes, including, but not limited to, the
1334following rights and powers:
1335     (q)  Notwithstanding s. 343.65, to borrow money in a
1336principal amount not to exceed $10 million in any calendar year
1337to refinance all or part of the costs or obligations of the
1338authority, including, but not limited to, obligations of the
1339authority as a lessee under a lease.
1340     Section 28.  Subsection (3) of section 348.51, Florida
1341Statutes, is amended to read:
1342     348.51  Definitions.-The following terms whenever used or
1343referred to in this part shall have the following meanings,
1344except in those instances where the context clearly indicates
1345otherwise:
1346     (3)  "Bonds" means and includes the notes, bonds, refunding
1347bonds, or other evidences of indebtedness or obligations, in
1348either temporary or definitive form, which of the authority is
1349authorized to issue issued pursuant to this part.
1350     Section 29.  Section 348.545, Florida Statutes, is amended
1351to read:
1352     348.545  Facility improvement; bond financing authority.-
1353Pursuant to s. 11(f), Art. VII of the State Constitution, the
1354Legislature hereby approves for bond financing by the Tampa-
1355Hillsborough County Expressway Authority improvements to toll
1356collection facilities, interchanges to the legislatively
1357approved expressway system, and any other facility appurtenant,
1358necessary, or incidental to the approved system. Subject to
1359terms and conditions of applicable revenue bond resolutions and
1360covenants, such costs financing may be financed in whole or in
1361part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1362whether currently issued or issued in the future, or by a
1363combination of such bonds.
1364     Section 30.  Subsections (1) and (2) of section 348.56,
1365Florida Statutes, are amended to read:
1366     348.56  Bonds of the authority.-
1367     (1)(a)  Bonds may be issued on behalf of the authority
1368pursuant to the State Bond Act.
1369     (b)  Alternatively, the authority shall have the power and
1370is hereby authorized from time to time to issue bonds in such
1371principal amount as, in the opinion of the authority, shall be
1372necessary to provide sufficient moneys for achieving its
1373corporate purposes, including construction, reconstruction,
1374improvement, extension, repair, maintenance and operation of the
1375expressway system, the cost of acquisition of all real property,
1376interest on bonds during construction and for a reasonable
1377period thereafter, establishment of reserves to secure bonds,
1378and all other expenditures of the authority incident to and
1379necessary or convenient to carry out its corporate purposes and
1380powers.
1381     (2)(a)  Bonds issued by the authority pursuant to paragraph
1382(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1383the members of the authority and shall bear such date or dates,
1384mature at such time or times, not exceeding 40 years from their
1385respective dates, bear interest at such rate or rates, not
1386exceeding the maximum rate fixed by general law for authorities,
1387be in such denominations, be in such form, either coupon or
1388fully registered, carry such registration, exchangeability and
1389interchangeability privileges, be payable in such medium of
1390payment and at such place or places, be subject to such terms of
1391redemption and be entitled to such priorities of lien on the
1392revenues, other available moneys, and the Hillsborough County
1393gasoline tax funds as such resolution or any resolution
1394subsequent thereto may provide. The bonds shall be executed
1395either by manual or facsimile signature by such officers as the
1396authority shall determine, provided that such bonds shall bear
1397at least one signature which is manually executed thereon. The
1398coupons attached to such bonds shall bear the facsimile
1399signature or signatures of such officer or officers as shall be
1400designated by the authority. Such bonds shall have the seal of
1401the authority affixed, imprinted, reproduced, or lithographed
1402thereon.
1403     (b)  The bonds issued pursuant to paragraph (1)(a) or
1404paragraph (1)(b) shall be sold at public sale in the same manner
1405provided in the State Bond Act, and the net interest cost to the
1406authority on such bonds shall not exceed the maximum rate fixed
1407by general law for authorities. If all bids received on the
1408public sale are rejected, the authority may then proceed to
1409negotiate for the sale of the bonds at a net interest cost which
1410shall be less than the lowest net interest cost stated in the
1411bids rejected at the public sale. However, if the authority
1412determines, by official action at a public meeting, that a
1413negotiated sale of such bonds is in the best interest of the
1414authority, the authority may negotiate the sale of such bonds
1415with the underwriter or underwriters designated by the authority
1416and the Division of Bond Finance within the State Board of
1417Administration with respect to bonds issued pursuant to
1418paragraph (1)(a) or solely by the authority with respect to
1419bonds issued pursuant to paragraph (1)(b). The authority's
1420determination to negotiate the sale of such bonds may be based,
1421in part, upon the written advice of the authority's financial
1422adviser. Pending the preparation of definitive bonds, temporary
1423bonds or interim certificates may be issued to the purchaser or
1424purchasers of such bonds and may contain such terms and
1425conditions as the authority may determine.
1426     Section 31.  Section 348.565, Florida Statutes, is amended
1427to read:
1428     348.565  Revenue bonds for specified projects.-The existing
1429facilities that constitute the Tampa-Hillsborough County
1430Expressway System are hereby approved to be refinanced by the
1431issuance of revenue bonds issued by the Division of Bond Finance
1432of the State Board of Administration pursuant to s. 11(f), Art.
1433VII of the State Constitution and the State Bond Act or by
1434revenue bonds issued by the authority pursuant to s.
1435348.56(1)(b). In addition, the following projects of the Tampa-
1436Hillsborough County Expressway Authority are approved to be
1437financed or refinanced by the issuance of revenue bonds in
1438accordance with this part and pursuant to s. 11(f), Art. VII of
1439the State Constitution:
1440     (1)  Brandon area feeder roads.
1441     (2)  Capital improvements to the expressway system,
1442including safety and operational improvements and toll
1443collection equipment.
1444     (3)  Lee Roy Selmon Crosstown Expressway System widening.
1445     (4)  The connector highway linking the Lee Roy Selmon
1446Crosstown Expressway to Interstate 4.
1447     Section 32.  Subsection (1) of section 348.57, Florida
1448Statutes, is amended to read:
1449     348.57  Refunding bonds.-
1450     (1)  Subject to public notice as provided in s. 348.54, the
1451authority is authorized to provide by resolution for the
1452issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1453for the purpose of refunding any bonds then outstanding
1454regardless of whether the bonds being refunded were issued by
1455the authority pursuant to this chapter or on behalf of the
1456authority pursuant to the State Bond Act. The authority is
1457further authorized to provide by resolution for the issuance of
1458bonds for the combined purpose of:
1459     (a)  Paying the cost of constructing, reconstructing,
1460improving, extending, repairing, maintaining and operating the
1461expressway system.
1462     (b)  Refunding bonds then outstanding. The authorization,
1463sale and issuance of such obligations, the maturities and other
1464details thereof, the rights and remedies of the holders thereof,
1465and the rights, powers, privileges, duties and obligations of
1466the authority with respect to the same shall be governed by the
1467foregoing provisions of this part insofar as the same may be
1468applicable.
1469     Section 33.  Section 348.70, Florida Statutes, is amended
1470to read:
1471     348.70  This part complete and additional authority.-
1472     (1)  The powers conferred by this part shall be in addition
1473and supplemental to the existing respective powers of the
1474authority, the department, the county, and the city, if any, and
1475this part shall not be construed as repealing any of the
1476provisions of any other law, general, special, or local, but
1477shall be deemed to supersede such other law or laws in the
1478exercise of the powers provided in this part insofar as such
1479other law or laws are inconsistent with the provisions of this
1480part and to provide a complete method for the exercise of the
1481powers granted herein. The construction, reconstruction,
1482improvement, extension, repair, maintenance, and operation of
1483the expressway system, and the issuance of bonds hereunder to
1484finance all or part of the cost thereof, may be accomplished
1485upon compliance with the provisions of this part without regard
1486to or necessity for compliance with the provisions, limitations,
1487or restrictions contained in any other general, special, or
1488local law, including, but not limited to, s. 215.821, and no
1489approval of any bonds issued under this part by the qualified
1490electors or qualified electors who are freeholders in the state
1491or in the county or in the city or in any other political
1492subdivision of the state shall be required for the issuance of
1493such bonds.
1494     (2)  This part does not repeal, rescind, or modify any
1495other law or laws relating to the State Board of Administration,
1496the Department of Transportation, or the Division of Bond
1497Finance of the State Board of Administration, but shall
1498supersede such other law or laws as are inconsistent with the
1499provisions of this part, including, but not limited to, s.
1500215.821.
1501     Section 34.  Part XI of chapter 348, Florida Statutes,
1502consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1503348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1504348.9960, and 348.9961, is created to read:
1505     348.9950  Short title.-This part may be cited as the
1506"Osceola County Expressway Authority Law."
1507     348.9951  Definitions.-Terms used in this part, except
1508where the context clearly indicates otherwise, shall have the
1509same meanings as those defined in the Florida Expressway
1510Authority Act.
1511     348.9952  Osceola County Expressway Authority.-
1512     (1)  There is created a body politic and corporate, an
1513agency of the state, to be known as the Osceola County
1514Expressway Authority.
1515     (2)(a)  The governing body of the authority shall consist
1516of six members. Five members, at least one of whom must be a
1517member of a racial or ethnic minority group, must be residents
1518of Osceola County, three of whom shall be appointed by the
1519governing body of the county and two of whom shall be appointed
1520by the Governor. The sixth member shall be the district
1521secretary of the department serving in the district that
1522includes Osceola County, who shall serve as an ex officio,
1523nonvoting member. The term of each appointed member shall be for
15244 years, except that the first term of the initial members
1525appointed by the Governor shall be 2 years each. Each appointed
1526member shall hold office until his or her successor has been
1527appointed and has qualified. A vacancy occurring during a term
1528shall be filled only for the balance of the unexpired term. Each
1529appointed member of the authority shall be a person of
1530outstanding reputation for integrity, responsibility, and
1531business ability, but a person who is an officer or employee of
1532any municipality or of Osceola County in any other capacity may
1533not be an appointed member of the authority. A member of the
1534authority is eligible for reappointment.
1535     (b)  Members of the authority may be removed from office by
1536the Governor for misconduct, malfeasance, or nonfeasance in
1537office.
1538     (3)(a)  The authority shall elect one of its members as
1539chair. The authority shall also elect a secretary and a
1540treasurer, who may be members of the authority. The chair,
1541secretary, and treasurer shall hold such offices at the will of
1542the authority.
1543     (b)  Three members of the authority constitute a quorum,
1544and the vote of three members is necessary for any action taken
1545by the authority. A vacancy in the authority does not impair the
1546right of a quorum of the authority to exercise all of the rights
1547and perform all of the duties of the authority.
1548     (4)(a)  The authority may employ an executive secretary, an
1549executive director, its own counsel and legal staff, technical
1550experts, engineers, and other employees, permanent or temporary,
1551as it may require, and may determine the qualifications and fix
1552the compensation of such persons, firms, or corporations.
1553Additionally, the authority may employ a fiscal agent or agents.
1554However, the authority shall solicit sealed proposals from at
1555least three persons, firms, or corporations for the performance
1556of any services as fiscal agents. The authority may delegate to
1557one or more of its agents or employees such of its power as it
1558deems necessary to carry out the purposes of this part, subject
1559always to the supervision and control of the authority.
1560     (b)  Members of the authority are entitled to receive from
1561the authority their travel and other necessary expenses incurred
1562in connection with the business of the authority as provided in
1563s. 112.061, but members shall not draw salaries or other
1564compensation.
1565     (c)  The department is not required to grant funds for
1566startup costs to the authority. However, the governing body of
1567the county may provide funds for such startup costs.
1568     (d)  The authority shall cooperate with and participate in
1569any efforts to establish a regional expressway authority.
1570     (e)  Notwithstanding any other provision of law, including
1571s. 339.175(3), the authority is not entitled to voting
1572membership in a metropolitan planning organization in which
1573Osceola County, or any of the municipalities therein, are also
1574voting members.
1575     348.9953  Purposes and powers.-The purposes and powers of
1576the authority shall be the same as those identified in the
1577Florida Expressway Authority Act. In implementing this act, the
1578authority shall institute procedures to encourage the awarding
1579of contracts for professional services and construction to
1580certified minority business enterprises as defined in s.
1581288.703. The authority shall develop and implement activities to
1582encourage the participation of certified minority business
1583enterprises in the contracting process.
1584     348.9954  Bonds.-Bonds may be issued on behalf of the
1585authority as provided by the State Bond Act and subject to the
1586provisions of the Florida Expressway Authority Act.
1587     348.9955  Lease-purchase agreement.-The authority may enter
1588into lease-purchase agreements with the department as provided
1589in the Florida Expressway Authority Act.
1590     348.9956  Department may be appointed agent of authority
1591for construction.-The authority may appoint the department as
1592its agent as provided in the Florida Expressway Authority Act.
1593     348.9957  Acquisition of lands and property.-The authority
1594may acquire such rights, title, or interest in private or public
1595property and such property rights, including easements, rights
1596of access, air, view, and light by gift, devise, purchase, or
1597condemnation by eminent domain proceedings, as the authority may
1598deem necessary for the purposes of this part and subject to the
1599provisions of the Florida Expressway Authority Act.
1600     348.9958  Cooperation with other units, boards, agencies,
1601and individuals.-Any county, municipality, drainage district,
1602road and bridge district, school district, or other political
1603subdivision, board, commission, or individual in or of the state
1604may make and enter into any contract, lease, conveyance,
1605partnership, or other agreement with the authority within the
1606provisions and for purposes of this part. The authority may make
1607and enter into any contract, lease, conveyance, partnership, or
1608other agreement with any political subdivision, agency, or
1609instrumentality of the state or any federal agency, corporation,
1610or individual for the purpose of carrying out the provisions of
1611this part.
1612     348.9959  Legislative intent; covenant of the state.-It is
1613the intent of the Legislature that the state pledge to and agree
1614with any person, firm, corporation, or federal or state agency
1615subscribing to or acquiring the bonds to be issued by the
1616authority for the purposes of this part that the state will not
1617limit or alter the rights hereby vested in the authority and the
1618department until all bonds at any time issued together with the
1619interest thereon are fully paid and discharged insofar as the
1620same affects the rights of the holders of bonds issued
1621hereunder. It is also the intent of the Legislature that the
1622state further pledge to and agree with the United States that in
1623the event any federal agency shall construct or contribute any
1624funds for the completion, extension, or improvement of the
1625Osceola County Expressway System, or any part or portion
1626thereof, the state will not alter or limit the rights and powers
1627of the authority and the department in any manner that would be
1628inconsistent with the continued maintenance and operation of the
1629Osceola County Expressway System, or the completion, extension,
1630or improvement thereof, or that would be inconsistent with the
1631due performance of any agreements between the authority and any
1632such federal agency. The authority and the department shall
1633continue to have and may exercise all powers herein granted so
1634long as the same shall be necessary or desirable for the
1635carrying out of the purposes of this part and the purposes of
1636the United States in the completion, extension, or improvement
1637of the Osceola County Expressway System or any part or portion
1638thereof.
1639     348.9960  Exemption from taxation.-
1640     (1)  As provided under and limited by the Florida
1641Expressway Authority Act, the Osceola County Expressway
1642Authority is not required to pay taxes or assessments of any
1643kind or nature whatsoever upon any property acquired by it or
1644used by it for such purpose or upon revenues at any time
1645received by it.
1646     (2)  The bonds issued by or on behalf of the authority,
1647their transfer, and the income therefrom, including any profits
1648made on the sale thereof, shall at all times be free from
1649taxation of any kind by the state or by any political
1650subdivision or other taxing agency or instrumentality thereof.
1651The exemption granted by this subsection does not apply to any
1652tax imposed under chapter 220 on interest, income, or profits on
1653debt obligations owned by corporations.
1654     348.9961  Automatic dissolution.-If, before January 1,
16552020, the authority has not encumbered any funds to further its
1656purposes and powers as authorized in s. 348.9953 to establish
1657the system, the Osceola County Expressway Authority is
1658dissolved.
1659     Section 35.  Subsection (6) of section 369.317, Florida
1660Statutes, is amended to read:
1661     369.317  Wekiva Parkway.-
1662     (6)  The Orlando-Orange County Expressway Authority is
1663hereby granted the authority to act as a third-party acquisition
1664agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1665or chapter 373 on behalf of the governing board of the St. Johns
1666River Water Management District, for the acquisition of all
1667necessary lands, property and all interests in property
1668identified herein, including fee simple or less-than-fee simple
1669interests. The lands subject to this authority are identified in
1670paragraph 10.a., State of Florida, Office of the Governor,
1671Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1672of the Wekiva Basin Area Task Force created by Executive Order
16732002-259, such lands otherwise known as Neighborhood Lakes, a
16741,587+/-acre parcel located in Orange and Lake Counties within
1675Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1676and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1677Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1678County within Section 37, Township 19 South, Range 28 East; New
1679Garden Coal; a 1,605+/-acre parcel in Lake County within
1680Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1681East; Pine Plantation, a 617+/-acre tract consisting of eight
1682individual parcels within the Apopka City limits. The Department
1683of Transportation, the Department of Environmental Protection,
1684the St. Johns River Water Management District, and other land
1685acquisition entities shall participate and cooperate in
1686providing information and support to the third-party acquisition
1687agent. The land acquisition process authorized by this paragraph
1688shall begin no later than December 31, 2004. Acquisition of the
1689properties identified as Neighborhood Lakes, Pine Plantation,
1690and New Garden Coal, or approval as a mitigation bank shall be
1691concluded no later than December 31, 2010. Department of
1692Transportation and Orlando-Orange County Expressway Authority
1693funds expended to purchase an interest in those lands identified
1694in this subsection shall be eligible as environmental mitigation
1695for road construction related impacts in the Wekiva Study Area.
1696If any of the lands identified in this subsection are used as
1697environmental mitigation for road-construction-related impacts
1698incurred by the Department of Transportation or Orlando-Orange
1699County Expressway Authority, or for other impacts incurred by
1700other entities, within the Wekiva Study Area or within the
1701Wekiva parkway alignment corridor and, if the mitigation offsets
1702these impacts, the St. Johns River Water Management District and
1703the Department of Environmental Protection shall consider the
1704activity regulated under part IV of chapter 373 to meet the
1705cumulative impact requirements of s. 373.414(8)(a).
1706     Section 36.  Subsections (2) and (5) and paragraph (b) of
1707subsection (9) of section 373.41492, Florida Statutes, are
1708amended to read:
1709     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1710mitigation for mining activities within the Miami-Dade County
1711Lake Belt.-
1712     (2)  To provide for the mitigation of wetland resources
1713lost to mining activities within the Miami-Dade County Lake Belt
1714Plan, effective October 1, 1999, a mitigation fee is imposed on
1715each ton of limerock and sand extracted by any person who
1716engages in the business of extracting limerock or sand from
1717within the Miami-Dade County Lake Belt Area and the east one-
1718half of sections 24 and 25 and all of sections 35 and 36,
1719Township 53 South, Range 39 East. The mitigation fee is imposed
1720for each ton of limerock and sand sold from within the
1721properties where the fee applies in raw, processed, or
1722manufactured form, including, but not limited to, sized
1723aggregate, asphalt, cement, concrete, and other limerock and
1724concrete products. The mitigation fee imposed by this subsection
1725for each ton of limerock and sand sold shall be 12 cents per ton
1726beginning January 1, 2007; 18 cents per ton beginning January 1,
17272008; and 24 cents per ton beginning January 1, 2009; and 45
1728cents per ton beginning close of business December 31, 2011. To
1729upgrade a water treatment plant that treats water coming from
1730the Northwest Wellfield in Miami-Dade County, a water treatment
1731plant upgrade fee is imposed within the same Lake Belt Area
1732subject to the mitigation fee and upon the same kind of mined
1733limerock and sand subject to the mitigation fee. The water
1734treatment plant upgrade fee imposed by this subsection for each
1735ton of limerock and sand sold shall be 15 cents per ton
1736beginning on January 1, 2007, and the collection of this fee
1737shall cease once the total amount of proceeds collected for this
1738fee reaches the amount of the actual moneys necessary to design
1739and construct the water treatment plant upgrade, as determined
1740in an open, public solicitation process. Any limerock or sand
1741that is used within the mine from which the limerock or sand is
1742extracted is exempt from the fees. The amount of the mitigation
1743fee and the water treatment plant upgrade fee imposed under this
1744section must be stated separately on the invoice provided to the
1745purchaser of the limerock or sand product from the limerock or
1746sand miner, or its subsidiary or affiliate, for which the fee or
1747fees apply. The limerock or sand miner, or its subsidiary or
1748affiliate, who sells the limerock or sand product shall collect
1749the mitigation fee and the water treatment plant upgrade fee and
1750forward the proceeds of the fees to the Department of Revenue on
1751or before the 20th day of the month following the calendar month
1752in which the sale occurs.
1753     (5)  Each January 1, beginning January 1, 2010, through
1754December 31, 2011 and each January 1 thereafter, the per-ton
1755mitigation fee shall be increased by 2.1 percentage points, plus
1756a cost growth index. The cost growth index shall be the
1757percentage change in the weighted average of the Employment Cost
1758Index for All Civilian Workers (ecu 10001I), issued by the
1759United States Department of Labor for the most recent 12-month
1760period ending on September 30, and the percentage change in the
1761Producer Price Index for All Commodities (WPU 00000000), issued
1762by the United States Department of Labor for the most recent 12-
1763month period ending on September 30, compared to the weighted
1764average of these indices for the previous year. The weighted
1765average shall be calculated as 0.6 times the percentage change
1766in the Employment Cost Index for All Civilian Workers (ecu
176710001I), plus 0.4 times the percentage change in the Producer
1768Price Index for All Commodities (WPU 00000000). If either index
1769is discontinued, it shall be replaced by its successor index, as
1770identified by the United States Department of Labor.
1771     (9)
1772     (b)  No sooner than January 31, 2010, and no more
1773frequently than every 2 5 years thereafter, the interagency
1774committee shall submit to the Legislature a report recommending
1775any needed adjustments to the mitigation fee, including the
1776annual escalator provided for in subsection (5), to ensure that
1777the revenue generated reflects the actual costs of the
1778mitigation.
1779     Section 37.  Subsection (1) of section 403.4131, Florida
1780Statutes, is amended to read:
1781     403.4131  Litter control.-
1782     (1)  The Department of Transportation shall establish an
1783"adopt-a-highway" program to allow local organizations to be
1784identified with specific highway cleanup and highway
1785beautification projects authorized under s. 339.2405. The
1786department shall report to the Governor and the Legislature on
1787the progress achieved and the savings incurred by the "adopt-a-
1788highway" program. The department shall also monitor and report
1789on compliance with the provisions of the adopt-a-highway program
1790to ensure that organizations participating that participate in
1791the program comply with the goals identified by the department.
1792     Section 38.  Section 479.01, Florida Statutes, is amended
1793to read:
1794     479.01  Definitions.-As used in this chapter, the term:
1795     (1)  "Allowable uses" means those uses that are authorized
1796within a zoning category without the requirement to obtain a
1797variance or waiver. The term includes conditional uses and those
1798allowed by special exception, but does not include uses that are
1799accessory, incidental to the allowable uses, or allowed only on
1800a temporary basis.
1801     (2)(1)  "Automatic changeable facing" means a facing that
1802is capable of delivering two or more advertising messages
1803through an automated or remotely controlled process.
1804     (3)(2)  "Business of outdoor advertising" means the
1805business of constructing, erecting, operating, using,
1806maintaining, leasing, or selling outdoor advertising structures,
1807outdoor advertising signs, or outdoor advertisements.
1808     (4)(3)  "Commercial or industrial zone" means a parcel of
1809land designated for commercial or industrial uses use under both
1810the future land use map of the comprehensive plan and the land
1811use development regulations adopted pursuant to chapter 163. If
1812a parcel is located in an area designated for multiple uses on
1813the future land use map of a comprehensive plan and the zoning
1814category of the land development regulations does do not clearly
1815designate that parcel for a specific use, the area will be
1816considered an unzoned commercial or industrial area if it meets
1817the criteria of subsection (26) (23).
1818     (5)  "Commercial use" means activities associated with the
1819sale, rental, or distribution of products or the performance of
1820services. The term includes, without limitation, such uses or
1821activities as retail sales; wholesale sales; rentals of
1822equipment, goods, or products; offices; restaurants; food
1823service vendors; sports arenas; theaters; and tourist
1824attractions.
1825     (6)(4)  "Controlled area" means shall mean 660 feet or less
1826from the nearest edge of the right-of-way of any portion of the
1827State Highway System, interstate, or federal-aid primary system
1828and beyond 660 feet of the nearest edge of the right-of-way of
1829any portion of the State Highway System, interstate, or federal-
1830aid primary system outside an urban area.
1831     (7)(5)  "Department" means the Department of
1832Transportation.
1833     (8)(6)  "Erect" means to construct, build, raise, assemble,
1834place, affix, attach, create, paint, draw, or in any other way
1835bring into being or establish; but it does not include any of
1836the foregoing activities when performed as an incident to the
1837change of advertising message or customary maintenance or repair
1838of a sign.
1839     (9)(7)  "Federal-aid primary highway system" means the
1840existing, unbuilt, or unopened system of highways or portions
1841thereof, which shall include the National Highway System,
1842designated as the federal-aid primary highway system by the
1843department.
1844     (10)(8)  "Highway" means any road, street, or other way
1845open or intended to be opened to the public for travel by motor
1846vehicles.
1847     (11)  "Industrial use" means activities associated with the
1848manufacture, assembly, processing, or storage of products or the
1849performance of services relating thereto. The term includes,
1850without limitation, such uses or activities as automobile
1851manufacturing or repair, boat manufacturing or repair, junk
1852yards, meat packing facilities, citrus processing and packing
1853facilities, produce processing and packing facilities,
1854electrical generating plants, water treatment plants, sewage
1855treatment plants, and solid waste disposal sites.
1856     (12)(9)  "Interstate highway system" means the existing,
1857unbuilt, or unopened system of highways or portions thereof
1858designated as the national system of interstate and defense
1859highways by the department.
1860     (13)(10)  "Main-traveled way" means the traveled way of a
1861highway on which through traffic is carried. In the case of a
1862divided highway, the traveled way of each of the separate
1863roadways for traffic in opposite directions is a main-traveled
1864way. It does not include such facilities as frontage roads,
1865turning roadways which specifically include on-ramps or off-
1866ramps to the interstate highway system, or parking areas.
1867     (14)(11)  "Maintain" means to allow to exist.
1868     (15)(12)  "Motorist services directional signs" means signs
1869providing directional information about goods and services in
1870the interest of the traveling public where such signs were
1871lawfully erected and in existence on or before May 6, 1976, and
1872continue to provide directional information to goods and
1873services in a defined area.
1874     (16)(13)  "New highway" means the construction of any road,
1875paved or unpaved, where no road previously existed or the act of
1876paving any previously unpaved road.
1877     (17)(14)  "Nonconforming sign" means a sign which was
1878lawfully erected but which does not comply with the land use,
1879setback, size, spacing, and lighting provisions of state or
1880local law, rule, regulation, or ordinance passed at a later date
1881or a sign which was lawfully erected but which later fails to
1882comply with state or local law, rule, regulation, or ordinance
1883due to changed conditions.
1884     (18)(15)  "Premises" means all the land areas under
1885ownership or lease arrangement to the sign owner which are
1886contiguous to the business conducted on the land except for
1887instances where such land is a narrow strip contiguous to the
1888advertised activity or is connected by such narrow strip, the
1889only viable use of such land is to erect or maintain an
1890advertising sign. When the sign owner is a municipality or
1891county, "premises" shall mean all lands owned or leased by such
1892municipality or county within its jurisdictional boundaries as
1893set forth by law.
1894     (19)(16)  "Remove" means to disassemble, transport from the
1895site, and dispose of sign materials by sale or destruction.
1896     (20)(17)  "Sign" means any combination of structure and
1897message in the form of an outdoor sign, display, device, figure,
1898painting, drawing, message, placard, poster, billboard,
1899advertising structure, advertisement, logo, symbol, or other
1900form, whether placed individually or on a V-type, back-to-back,
1901side-to-side, stacked, or double-faced display or automatic
1902changeable facing, designed, intended, or used to advertise or
1903inform, any part of the advertising message or informative
1904contents of which is visible from any place on the main-traveled
1905way. The term does not include an official traffic control sign,
1906official marker, or specific information panel erected, caused
1907to be erected, or approved by the department.
1908     (21)(18)  "Sign direction" means that direction from which
1909the message or informative contents are most visible to oncoming
1910traffic on the main-traveled way.
1911     (22)(19)  "Sign face" means the part of the sign, including
1912trim and background, which contains the message or informative
1913contents.
1914     (23)(20)  "Sign facing" includes all sign faces and
1915automatic changeable faces displayed at the same location and
1916facing the same direction.
1917     (24)(21)  "Sign structure" means all the interrelated parts
1918and material, such as beams, poles, and stringers, which are
1919constructed for the purpose of supporting or displaying a
1920message or informative contents.
1921     (25)(22)  "State Highway System" means the existing,
1922unbuilt, or unopened system of highways or portions thereof
1923designated as the State Highway System by the department.
1924     (26)(23)  "Unzoned commercial or industrial area" means a
1925parcel of land designated by the future land use map of the
1926comprehensive plan for multiple uses that include commercial or
1927industrial uses but are not specifically designated for
1928commercial or industrial uses under the land development
1929regulations, in which three or more separate and distinct
1930conforming industrial or commercial activities are located.
1931     (a)  These activities must satisfy the following criteria:
1932     1.  At least one of the commercial or industrial activities
1933must be located on the same side of the highway and within 800
1934feet of the sign location;
1935     2.  The commercial or industrial activities must be within
1936660 feet from the nearest edge of the right-of-way; and
1937     3.  The commercial industrial activities must be within
19381,600 feet of each other.
1939
1940Distances specified in this paragraph must be measured from the
1941nearest outer edge of the primary building or primary building
1942complex when the individual units of the complex are connected
1943by covered walkways.
1944     (b)  Certain activities, including, but not limited to, the
1945following, may not be so recognized as commercial or industrial
1946activities:
1947     1.  Signs.
1948     2.  Agricultural, forestry, ranching, grazing, farming, and
1949related activities, including, but not limited to, wayside fresh
1950produce stands.
1951     3.  Transient or temporary activities.
1952     4.  Activities not visible from the main-traveled way.
1953     5.  Activities conducted more than 660 feet from the
1954nearest edge of the right-of-way.
1955     6.  Activities conducted in a building principally used as
1956a residence.
1957     7.  Railroad tracks and minor sidings.
1958     8.  Communication towers.
1959     (27)(24)  "Urban area" has the same meaning as defined in
1960s. 334.03(29)(32).
1961     (28)(25)  "Visible commercial or industrial activity" means
1962a commercial or industrial activity that is capable of being
1963seen without visual aid by a person of normal visual acuity from
1964the main-traveled way and that is generally recognizable as
1965commercial or industrial.
1966     (29)(26)  "Visible sign" means that the advertising message
1967or informative contents of a sign, whether or not legible, is
1968capable of being seen without visual aid by a person of normal
1969visual acuity.
1970     (30)(27)  "Wall mural" means a sign that is a painting or
1971an artistic work composed of photographs or arrangements of
1972color and that displays a commercial or noncommercial message,
1973relies solely on the side of the building for rigid structural
1974support, and is painted on the building or depicted on vinyl,
1975fabric, or other similarly flexible material that is held in
1976place flush or flat against the surface of the building. The
1977term excludes a painting or work placed on a structure that is
1978erected for the sole or primary purpose of signage.
1979     (31)  "Zoning category" means the designation under the
1980land development regulations or other similar ordinance enacted
1981to regulate the use of land as provided in s. 163.3202(2)(b),
1982which designation sets forth the allowable uses, restrictions,
1983and limitations on use applicable to properties within the
1984category.
1985     Section 39.  Paragraph (c) of subsection (9) of section
1986479.07, Florida Statutes, is amended to read:
1987     479.07  Sign permits.-
1988     (9)
1989     (c)  Notwithstanding subparagraph (a)1., there is
1990established a pilot program in Orange, Hillsborough, and Osceola
1991Counties, and within the boundaries of the City of Miami, under
1992which the distance between permitted signs on the same side of
1993an interstate highway may be reduced to 1,000 feet if all other
1994requirements of this chapter are met and if:
1995     1.  The local government has adopted a plan, program,
1996resolution, ordinance, or other policy encouraging the voluntary
1997removal of signs in a downtown, historic, redevelopment, infill,
1998or other designated area which also provides for a new or
1999replacement sign to be erected on an interstate highway within
2000that jurisdiction if a sign in the designated area is removed;
2001     2.  The sign owner and the local government mutually agree
2002to the terms of the removal and replacement; and
2003     3.  The local government notifies the department of its
2004intention to allow such removal and replacement as agreed upon
2005pursuant to subparagraph 2.
2006     4.  The new or replacement sign to be erected on an
2007interstate highway within that jurisdiction is to be located on
2008a parcel of land specifically designated for commercial or
2009industrial use under both the future land use map of the
2010comprehensive plan and the land use development regulations
2011adopted pursuant to chapter 163 and such parcel shall not be
2012subject to an evaluation in accordance with the criteria set
2013forth in the s. 479.01(26) to determine if the parcel can be
2014considered an unzoned commercial or industrial area.
2015
2016The department shall maintain statistics tracking the use of the
2017provisions of this pilot program based on the notifications
2018received by the department from local governments under this
2019paragraph.
2020     Section 40.  Subsections (1) and (5) of section 479.261,
2021Florida Statutes, are amended to read:
2022     479.261  Logo sign program.-
2023     (1)  The department shall establish a logo sign program for
2024the rights-of-way of the interstate highway system to provide
2025information to motorists about available gas, food, lodging,
2026camping, attractions, and other services, as approved by the
2027Federal Highway Administration, at interchanges through the use
2028of business logos and may include additional interchanges under
2029the program.
2030     (a)  As used in this chapter, the term "attraction" means
2031an establishment, site, facility, or landmark that is open a
2032minimum of 5 days a week for 52 weeks a year; that has as its
2033principal focus family-oriented entertainment, cultural,
2034educational, recreational, scientific, or historical activities;
2035and that is publicly recognized as a bona fide tourist
2036attraction.
2037     (b)  The department shall incorporate the use of RV-
2038friendly markers on specific information logo signs for
2039establishments that cater to the needs of persons driving
2040recreational vehicles. Establishments that qualify for
2041participation in the specific information logo program and that
2042also qualify as "RV-friendly" may request the RV-friendly marker
2043on their specific information logo sign. An RV-friendly marker
2044must consist of a design approved by the Federal Highway
2045Administration. The department shall adopt rules in accordance
2046with chapter 120 to administer this paragraph, including rules
2047setting forth the minimum requirements that establishments must
2048meet in order to qualify as RV-friendly. These requirements
2049shall include large parking spaces, entrances, and exits that
2050can easily accommodate recreational vehicles and facilities
2051having appropriate overhead clearances, if applicable.
2052     (c)  The department may implement a 3-year, rotation-based
2053logo program providing for the removal and addition of
2054participating businesses in the program.
2055     (5)  At a minimum, permit fees for businesses that
2056participate in the program must be established in an amount
2057sufficient to offset the total cost to the department for the
2058program, including contract costs. The department shall provide
2059the services in the most efficient and cost-effective manner
2060through department staff or by contracting for some or all of
2061the services. The department shall adopt rules that set
2062reasonable rates based upon factors such as population, traffic
2063volume, market demand, and costs for annual permit fees.
2064However, annual permit fees for sign locations inside an urban
2065area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
2066and annual permit fees for sign locations outside an urban area,
2067as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
2068recovering program costs, the proceeds from the annual permit
2069fees shall be deposited into the State Transportation Trust Fund
2070and used for transportation purposes.
2071     Section 41.  Sections 479.01, 479.015, 479.02, 479.03,
2072479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2073479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2074479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2075are designated as part I of chapter 479, Florida Statutes, and
2076entitled "General Provisions."
2077     Section 42.  Sections 479.261, 479.262, 479.27, 479.28, and
2078479.30, Florida Statutes, are designated as part II of chapter
2079479, Florida Statutes, and entitled "Special Programs."
2080     Section 43.  Part III of chapter 479, Florida Statutes,
2081consisting of sections 479.310, 479.311, 479.312, 479.313, and
2082479.315, is created to read:
2083
PART III
2084
SIGN REMOVAL
2085     479.310  Unpermitted and illegal signs; intent.-It is the
2086intent of this part to relieve the department from the financial
2087burden incurred in the removal of unpermitted and illegal signs
2088located within the right-of-way of and controlled areas adjacent
2089to the State Highway System, interstate highway system, and
2090federal-aid primary highway system; to place the financial
2091responsibility for the cost of such removal directly upon those
2092benefiting from the location and operation of such unpermitted
2093and illegal signs; and to provide clear authority to the
2094department for the recovery of cost incurred by the department
2095in the removal of such unpermitted and illegal signs.
2096     479.311  Jurisdiction; venue.-The county court shall have
2097jurisdiction concurrent with the circuit court to consider
2098claims filed by the department in amounts which are within their
2099jurisdictional limitations. For the purposes of a claim filed by
2100the department to recover its cost as provided in this section,
2101venue shall be Leon County.
2102     479.312  Unpermitted signs; cost of removal.-All costs
2103incurred by the department in connection with the removal of a
2104sign located within a controlled area adjacent to the State
2105Highway System, interstate highway system, or federal-aid
2106primary highway system which has not been issued a permit under
2107part I shall be assessed against and collected from the owner of
2108the sign, the advertiser displayed on the sign, or the owner of
2109the property upon which the sign is located. For the purposes of
2110this section, a sign that does not display the name of the sign
2111owner shall be presumed to be owned by the owner of the property
2112upon which the sign is located.
2113     479.313  Permit revocation; cost of removal.-All costs
2114incurred by the department in connection with the removal of a
2115sign located within a controlled area adjacent to the State
2116Highway System, interstate highway system, or federal-aid
2117primary highway system following the revocation of the permit
2118for such sign shall be assessed against and collected from the
2119permittee.
2120     479.315  Highway rights-of way; cost of sign removal.-All
2121cost incurred by the department in connection with the removal
2122of a sign located within the right-of-way of the State Highway
2123System, interstate highway system, or federal-aid primary
2124highway system shall be assessed against and collected from the
2125owner of the sign or the advertiser displayed on the sign.
2126     Section 44.  Section 705.18, Florida Statutes, is amended
2127to read:
2128     705.18  Disposal of personal property lost or abandoned on
2129university or community college campuses or certain public-use
2130airports; disposition of proceeds from sale thereof.-
2131     (1)  Whenever any lost or abandoned personal property shall
2132be found on a campus of an institution in the State University
2133System or a campus of a state-supported community college, or on
2134premises owned or controlled by the operator of a public-use
2135airport having regularly scheduled international passenger
2136service, the president of the institution or the president's
2137designee or the director of the airport or the director's
2138designee shall take charge of the property thereof and make a
2139record of the date such property was found. If, within 30 days
2140after such property is found, or a longer period of time as may
2141be deemed appropriate by the president or the director under the
2142circumstances, the property it is not claimed by the owner, the
2143president or director shall order it sold at public outcry after
2144giving notice of the time and place of sale in a publication of
2145general circulation on the campus of such institution or within
2146the county where the airport is located and written notice to
2147the owner if known. The rightful owner of such property may
2148reclaim the same at any time prior to sale.
2149     (2)  All moneys realized from such institution's sale shall
2150be placed in an appropriate fund and used solely for student
2151scholarship and loan purposes. All moneys realized from such
2152sale by an airport, less its costs of storage, transportation,
2153and publication of notice, shall, unless another use is required
2154by federal law, be deposited into the state school fund.
2155     Section 45.  Section 705.182, Florida Statutes, is created
2156to read:
2157     705.182  Disposal of personal property found on the
2158premises of public-use airports.-
2159     (1)  Whenever any personal property, other than an aircraft
2160or motor vehicle, is found on premises owned or controlled by
2161the operator of a public-use airport, the director of the
2162airport or the director's designee shall take charge of the
2163property and make a record of the date such property was found.
2164     (2)  If, within 30 calendar days after such property is
2165found or for a longer period of time as may be deemed
2166appropriate by the director or the director's designee under the
2167circumstances, the property is not claimed by the owner, the
2168director or the director's designee may:
2169     (a)  Retain any or all of the property for use by the
2170airport or for use by the state or the unit of local government
2171owning or operating the airport;
2172     (b)  Trade such property to another unit of local
2173government or a state agency;
2174     (c)  Donate the property to a charitable organization;
2175     (d)  Sell the property; or
2176     (e)  Dispose of the property through an appropriate refuse
2177removal company or a company that provides salvage services for
2178the type of personal property found or located on the airport
2179premises.
2180     (3)  The airport shall notify the owner, if known, of the
2181property found on the airport premises and that the airport
2182intends to dispose of the property as provided in subsection
2183(2).
2184     (4)  If the airport elects to sell the property under
2185paragraph (2)(d), the property must be sold at a public auction
2186either on the Internet or at a specified physical location after
2187giving notice of the time and place of sale, at least 10
2188calendar days prior to the date of sale, in a publication of
2189general circulation within the county where the airport is
2190located and after written notice, via certified mail, return
2191receipt requested, is provided to the owner, if known. Any such
2192notice shall be sufficient if the notice refers to the airport's
2193intention to sell all then-accumulated found property, and there
2194is no requirement that the notice identify each item to be sold.
2195The rightful owner of such property may reclaim the property at
2196any time prior to sale by presenting acceptable evidence of
2197ownership to the airport director or the director's designee.
2198All proceeds from the sale of the property shall be retained by
2199the airport for use by the airport in any lawfully authorized
2200manner.
2201     (5)  Nothing in this section shall preclude the airport
2202from allowing a domestic or international air carrier or other
2203tenant, on premises owned or controlled by the operator of a
2204public-use airport, to establish its own lost and found
2205procedures for personal property and to dispose of such personal
2206property.
2207     (6)  A purchaser or recipient in good faith of personal
2208property sold or obtained under this section shall take the
2209property free of the rights of persons then holding any legal or
2210equitable interest thereto, whether or not recorded.
2211     Section 46.  Section 705.183, Florida Statutes, is created
2212to read:
2213     705.183  Disposal of derelict or abandoned aircraft on the
2214premises of public-use airports.-
2215     (1)(a)  Whenever any derelict or abandoned aircraft is
2216found or located on premises owned or controlled by the operator
2217of a public-use airport, whether or not such premises are under
2218a lease or license to a third party, the director of the airport
2219or the director's designee shall make a record of the date the
2220aircraft was found or determined to be present on the airport
2221premises.
2222     (b)  For purposes of this section, the term:
2223     1.  "Abandoned aircraft" means an aircraft that has been
2224disposed of on a public-use airport in a wrecked, inoperative,
2225or partially dismantled condition or an aircraft that has
2226remained in an idle state on premises owned or controlled by the
2227operator of a public-use airport for 45 consecutive calendar
2228days.
2229     2.  "Derelict aircraft" means any aircraft that is not in a
2230flyable condition, does not have a current certificate of air
2231worthiness issued by the Federal Aviation Administration, and is
2232not in the process of actively being repaired.
2233     (2)  The director or the director's designee shall contact
2234the Federal Aviation Administration, Aircraft Registration
2235Branch, to determine the name and address of the last registered
2236owner of the aircraft and shall make a diligent personal search
2237of the appropriate records, or contact an aircraft title search
2238company, to determine the name and address of any person having
2239an equitable or legal interest in the aircraft. Within 10
2240business days after receipt of the information, the director or
2241the director's designee shall notify the owner and all persons
2242having an equitable or legal interest in the aircraft by
2243certified mail, return receipt requested, of the location of the
2244derelict or abandoned aircraft on the airport premises, that
2245fees and charges for the use of the airport by the aircraft have
2246accrued and the amount thereof, that the aircraft is subject to
2247a lien under subsection (5) for the accrued fees and charges for
2248the use of the airport and for the transportation, storage, and
2249removal of the aircraft, that the lien is subject to enforcement
2250pursuant to law, and that the airport may cause the use, trade,
2251sale, or removal of the aircraft as described in s.
2252705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2253after the date of receipt of such notice, the aircraft has not
2254been removed from the airport upon payment in full of all
2255accrued fees and charges for the use of the airport and for the
2256transportation, storage, and removal of the aircraft. Such
2257notice may require removal of the aircraft in less than 30
2258calendar days if the aircraft poses a danger to the health or
2259safety of users of the airport, as determined by the director or
2260the director's designee.
2261     (3)  If the owner of the aircraft is unknown or cannot be
2262found, the director or the director's designee shall cause a
2263laminated notice to be placed upon such aircraft in
2264substantially the following form:
2265
2266NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2267PROPERTY. This property, to wit: ...(setting forth brief
2268description)... is unlawfully upon public property known as
2269...(setting forth brief description of location)... and has
2270accrued fees and charges for the use of the ...(same description
2271of location as above)... and for the transportation, storage,
2272and removal of the property. These accrued fees and charges must
2273be paid in full and the property must be removed within 30
2274calendar days after the date of this notice; otherwise, the
2275property will be removed and disposed of pursuant to chapter
2276705, Florida Statutes. The property is subject to a lien for all
2277accrued fees and charges for the use of the public property
2278known as ...(same description of location as above)... by such
2279property and for all fees and charges incurred by the public
2280property known as ...(same description of location as above)...
2281for the transportation, storage, and removal of the property.
2282This lien is subject to enforcement pursuant to law. The owner
2283will be liable for such fees and charges, as well as the cost
2284for publication of this notice. Dated this: ...(setting forth
2285the date of posting of notice)..., signed: ...(setting forth
2286name, title, address, and telephone number of law enforcement
2287officer)....
2288
2289Such notice shall be not less than 8 inches by 10 inches and
2290shall be sufficiently weatherproof to withstand normal exposure
2291to the weather. If, at the end of 30 calendar days after posting
2292the notice, the owner or any person interested in the described
2293derelict or abandoned aircraft has not removed the aircraft from
2294the airport upon payment in full of all accrued fees and charges
2295for the use of the airport and for the transportation, storage,
2296and removal of the aircraft, or shown reasonable cause for
2297failure to do so, the director or the director's designee may
2298cause the use, trade, sale, or removal of the aircraft as
2299described in s. 705.182(2)(a), (b), (d), or (e).
2300     (4)  Such aircraft shall be removed within the time period
2301specified in the notice provided under subsection (2) or
2302subsection (3). If, at the end of such period of time, the owner
2303or any person interested in the described derelict or abandoned
2304aircraft has not removed the aircraft from the airport upon
2305payment in full of all accrued fees and charges for the use of
2306the airport and for the transportation, storage, and removal of
2307the aircraft, or shown reasonable cause for the failure to do
2308so, the director or the director's designee may cause the use,
2309trade, sale, or removal of the aircraft as described in s.
2310705.182(2)(a), (b), (d), or (e).
2311     (a)  If the airport elects to sell the aircraft in
2312accordance with s. 705.182(2)(d), the aircraft must be sold at
2313public auction after giving notice of the time and place of
2314sale, at least 10 calendar days prior to the date of sale, in a
2315publication of general circulation within the county where the
2316airport is located and after providing written notice of the
2317intended sale to all parties known to have an interest in the
2318aircraft.
2319     (b)  If the airport elects to dispose of the aircraft in
2320accordance with s. 705.182(2)(e), the airport shall be entitled
2321to negotiate with the company for a price to be received from
2322such company in payment for the aircraft, or, if circumstances
2323so warrant, a price to be paid to such company by the airport
2324for the costs of disposing of the aircraft. All information
2325pertaining to the establishment of such price and the
2326justification for the amount of such price shall be prepared and
2327maintained by the airport, and such negotiated price shall be
2328deemed to be a commercially reasonable price.
2329     (c)  If the sale price or the negotiated price is less than
2330the airport's then current charges and costs against the
2331aircraft, or if the airport is required to pay the salvage
2332company for its services, the owner of the aircraft shall remain
2333liable to the airport for the airport's costs that are not
2334offset by the sale price or negotiated price, in addition to the
2335owner's liability for payment to the airport of the price the
2336airport was required to pay any salvage company. All costs
2337incurred by the airport in the removal, storage, and sale of any
2338aircraft shall be recoverable against the owner of the aircraft.
2339     (5)  The airport shall have a lien on a derelict or
2340abandoned aircraft for all fees and charges for the use of the
2341airport by such aircraft and for all fees and charges incurred
2342by the airport for the transportation, storage, and removal of
2343the aircraft. As a prerequisite to perfecting a lien under this
2344section, the airport director or the director's designee must
2345serve a notice in accordance with subsection (2) on the last
2346registered owner and all persons having an equitable or legal
2347interest in the aircraft. Serving the notice does not dispense
2348with recording the claim of lien.
2349     (6)(a)  For the purpose of perfecting its lien under this
2350section, the airport shall record a claim of lien which shall
2351state:
2352     1.  The name and address of the airport.
2353     2.  The name of the last registered owner of the aircraft
2354and all persons having a legal or equitable interest in the
2355aircraft.
2356     3.  The fees and charges incurred by the aircraft for the
2357use of the airport and the fees and charges for the
2358transportation, storage, and removal of the aircraft.
2359     4.  A description of the aircraft sufficient for
2360identification.
2361     (b)  The claim of lien shall be signed and sworn to or
2362affirmed by the airport director or the director's designee.
2363     (c)  The claim of lien shall be sufficient if it is in
2364substantially the following form:
2365
2366
CLAIM OF LIEN
2367State of ______
2368County of ______
2369Before me, the undersigned notary public, personally appeared
2370______, who was duly sworn and says that he/she is the
2371________of ________, whose address is________; and that the
2372following described aircraft:
2373...(Description of aircraft)...
2374owned by __________, whose address is ____________, has accrued
2375$___________in fees and charges for the use by the aircraft of
2376______________ and for the transportation, storage, and removal
2377of the aircraft from _______________; that the lienor served its
2378notice to the last registered owner and all persons having a
2379legal or equitable interest in the aircraft on ____,
2380...(year)..., by________.
2381...(Signature)...
2382Sworn to (or affirmed) and subscribed before me this _____day
2383of___, ...(year)..., by ...(name of person making statement)....
2384...(Signature of Notary Public)... ...(Print, Type, or Stamp
2385Commissioned name of Notary Public)...
2386Personally Known___OR Produced_____as identification.
2387
2388However, the negligent inclusion or omission of any information
2389in this claim of lien which does not prejudice the last
2390registered owner does not constitute a default that operates to
2391defeat an otherwise valid lien.
2392     (d)  The claim of lien shall be served on the last
2393registered owner of the aircraft and all persons having an
2394equitable or legal interest in the aircraft. The claim of lien
2395shall be so served before recordation.
2396     (e)  The claim of lien shall be recorded with the clerk of
2397court in the county where the airport is located. The recording
2398of the claim of lien shall be constructive notice to all persons
2399of the contents and effect of such claim. The lien shall attach
2400at the time of recordation and shall take priority as of that
2401time.
2402     (7)  A purchaser or recipient in good faith of an aircraft
2403sold or obtained under this section takes the property free of
2404the rights of persons then holding any legal or equitable
2405interest to the aircraft, whether or not recorded. The purchaser
2406or recipient is required to notify the appropriate Federal
2407Aviation Administration office of such change in the registered
2408owner of the aircraft.
2409     (8)  If the aircraft is sold at public sale, the airport
2410shall deduct from the proceeds of sale the costs of
2411transportation, storage, publication of notice, and all other
2412costs reasonably incurred by the airport, and any balance of the
2413proceeds shall be deposited into an interest-bearing account not
2414later than 30 calendar days after the airport's receipt of the
2415proceeds and held there for 1 year. The rightful owner of the
2416aircraft may claim the balance of the proceeds within 1 year
2417after the date of the deposit by making application to the
2418airport and presenting acceptable written evidence of ownership
2419to the airport's director or the director's designee. If no
2420rightful owner claims the proceeds within the 1-year period, the
2421balance of the proceeds shall be retained by the airport to be
2422used in any manner authorized by law.
2423     (9)  Any person acquiring a legal interest in an aircraft
2424that is sold by an airport under this section or s. 705.182
2425shall be the lawful owner of such aircraft and all other legal
2426or equitable interests in such aircraft shall be divested and of
2427no further force and effect, provided that the holder of any
2428such legal or equitable interests was notified of the intended
2429disposal of the aircraft to the extent required in this section.
2430The airport may issue documents of disposition to the purchaser
2431or recipient of an aircraft disposed of under this section.
2432     Section 47.  Section 705.184, Florida Statutes, is created
2433to read:
2434     705.184  Derelict or abandoned motor vehicles on the
2435premises of public-use airports.-
2436     (1)(a)  Whenever any derelict or abandoned motor vehicle is
2437found on premises owned or controlled by the operator of a
2438public-use airport, including airport premises leased to a third
2439party, the director of the airport or the director's designee
2440may take charge of the motor vehicle and make a record of the
2441date such motor vehicle was found.
2442     (b)  For purposes of this section, the term:
2443     1.  "Abandoned motor vehicle" means a motor vehicle that
2444has been disposed of on a public-use airport in a wrecked,
2445inoperative, or partially dismantled condition or a motor
2446vehicle that has remained in an idle state on the premises of a
2447public-use airport for 45 consecutive calendar days.
2448     2.  "Derelict motor vehicle" means any motor vehicle that
2449is not in a drivable condition.
2450     (c)  After the information relating to the abandoned or
2451derelict motor vehicle is recorded in the airport's records, the
2452director or the director's designee may cause the motor vehicle
2453to be removed from airport premises by the airport's wrecker or
2454by a licensed independent wrecker company to be stored at a
2455suitable location on or off the airport premises. If the motor
2456vehicle is to be removed from airport premises by the airport's
2457wrecker, the airport must follow the procedures in subsections
2458(2)-(8). The procedures in subsections (2)-(8) do not apply if
2459the motor vehicle is removed from the airport premises by a
2460licensed independent wrecker company, and the licensed wrecking
2461company shall comply with s. 713.78.
2462     (2)  The airport director or the director's designee shall
2463contact the Department of Highway Safety and Motor Vehicles to
2464notify that department that the airport has possession of the
2465abandoned or derelict motor vehicle and to determine the name
2466and address of the owner of the motor vehicle, the insurance
2467company insuring the motor vehicle, notwithstanding the
2468provisions of s. 627.736, and any person who has filed a lien on
2469the motor vehicle. Within 7 business days after receipt of the
2470information, the director or the director's designee shall send
2471notice by certified mail, return receipt requested, to the owner
2472of the motor vehicle, the insurance company insuring the motor
2473vehicle, notwithstanding the provisions of s. 627.736, and all
2474persons of record claiming a lien against the motor vehicle. The
2475notice shall state the fact of possession of the motor vehicle,
2476that charges for reasonable towing, storage, and parking fees,
2477if any, have accrued and the amount thereof, that a lien as
2478provided in subsection (6) will be claimed, that the lien is
2479subject to enforcement pursuant to law, that the owner or
2480lienholder, if any, has the right to a hearing as set forth in
2481subsection (4), and that any motor vehicle which, at the end of
248230 calendar days after receipt of the notice, has not been
2483removed from the airport upon payment in full of all accrued
2484charges for reasonable towing, storage, and parking fees, if
2485any, may be disposed of as provided in s. 705.182(2)(a), (b),
2486(d), or (e), including, but not limited to, the motor vehicle
2487being sold free of all prior liens after 35 calendar days after
2488the time the motor vehicle is stored if any prior liens on the
2489motor vehicle are more than 5 years of age or after 50 calendar
2490days after the time the motor vehicle is stored if any prior
2491liens on the motor vehicle are 5 years of age or less.
2492     (3)  If attempts to notify the owner or lienholder pursuant
2493to subsection (2) are not successful, the requirement of notice
2494by mail shall be considered met and the director or the
2495director's designee, in accordance with subsection (5), may
2496cause the motor vehicle to be disposed of as provided in s.
2497705.182(2)(a), (b), (d), or (e), including, but not limited to,
2498the motor vehicle being sold free of all prior liens after 35
2499calendar days after the time the motor vehicle is stored if any
2500prior liens on the motor vehicle are more than 5 years of age or
2501after 50 calendar days after the time the motor vehicle is
2502stored if any prior liens on the motor vehicle are 5 years of
2503age or less.
2504     (4)(a)  The owner of, or any person with a lien on, a motor
2505vehicle removed pursuant to subsection (1), may, within 10
2506calendar days after the time he or she has knowledge of the
2507location of the motor vehicle, file a complaint in the county
2508court of the county in which the motor vehicle is stored to
2509determine if his or her property was wrongfully taken or
2510withheld.
2511     (b)  Upon filing a complaint, an owner or lienholder may
2512have his or her motor vehicle released upon posting with the
2513court a cash or surety bond or other adequate security equal to
2514the amount of the fees for towing, storage, and accrued parking,
2515if any, to ensure the payment of such fees in the event he or
2516she does not prevail. Upon the posting of the bond or other
2517adequate security and the payment of any applicable fee, the
2518clerk of the court shall issue a certificate notifying the
2519airport of the posting of the bond or other adequate security
2520and directing the airport to release the motor vehicle. At the
2521time of such release, after reasonable inspection, the owner or
2522lienholder shall give a receipt to the airport reciting any
2523claims he or she has for loss or damage to the motor vehicle or
2524the contents of the motor vehicle.
2525     (5)  If, after 30 calendar days after receipt of the
2526notice, the owner or any person claiming a lien has not removed
2527the motor vehicle from its storage location upon payment in full
2528of all accrued charges for reasonable towing, storage, and
2529parking fees, if any, or shown reasonable cause for the failure
2530to do so, the airport director or the director's designee may
2531dispose of the motor vehicle as provided in s. 705.182(2)(a),
2532(b), (d), or (e). If the airport elects to sell the motor
2533vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2534sold free of all prior liens after 35 calendar days after the
2535time the motor vehicle is stored if any prior liens on the motor
2536vehicle are more than 5 years of age or after 50 calendar days
2537after the time the motor vehicle is stored if any prior liens on
2538the motor vehicle are 5 years of age or less. The sale shall be
2539a public auction either on the Internet or at a specified
2540physical location. If the date of the sale was not included in
2541the notice required in subsection (2), notice of the sale, sent
2542by certified mail, return receipt requested, shall be given to
2543the owner of the motor vehicle and to all persons claiming a
2544lien on the motor vehicle. Such notice shall be mailed not less
2545than 10 calendar days before the date of the sale. In addition
2546to the notice by mail, public notice of the time and place of
2547the sale at auction shall be made by publishing a notice of the
2548sale at auction one time, at least 10 calendar days prior to the
2549date of sale, in a newspaper of general circulation in the
2550county in which the sale is to be held. All costs incurred by
2551the airport for the towing, storage, and sale of the motor
2552vehicle, as well as all accrued parking fees, if any, shall be
2553recovered by the airport from the proceeds of the sale, and any
2554proceeds of the sale in excess of such costs shall be retained
2555by the airport for use by the airport in any manner authorized
2556by law.
2557     (6)  The airport pursuant to this section or, if used, a
2558licensed independent wrecker company pursuant to s. 713.78 shall
2559have a lien on an abandoned or derelict motor vehicle for all
2560reasonable towing, storage, and accrued parking fees, if any,
2561except that no storage fee shall be charged if the motor vehicle
2562is stored less than 6 hours. As a prerequisite to perfecting a
2563lien under this section, the airport director or the director's
2564designee must serve a notice in accordance with subsection (2)
2565on the owner of the motor vehicle, the insurance company
2566insuring the motor vehicle, notwithstanding the provisions of s.
2567627.736, and all persons of record claiming a lien against the
2568motor vehicle. If attempts to notify the owner, the insurance
2569company insuring the motor vehicle, notwithstanding the
2570provisions of s. 627.736, or lienholders are not successful, the
2571requirement of notice by mail shall be considered met. Serving
2572of the notice does not dispense with recording the claim of
2573lien.
2574     (7)(a)  For the purpose of perfecting its lien under this
2575section, the airport shall record a claim of lien which shall
2576state:
2577     1.  The name and address of the airport.
2578     2.  The name of the owner of the motor vehicle, the
2579insurance company insuring the motor vehicle, notwithstanding
2580the provisions of s. 627.736, and all persons of record claiming
2581a lien against the motor vehicle.
2582     3.  The costs incurred from reasonable towing, storage, and
2583parking fees, if any.
2584     4.  A description of the motor vehicle sufficient for
2585identification.
2586     (b)  The claim of lien shall be signed and sworn to or
2587affirmed by the airport director or the director's designee.
2588     (c)  The claim of lien shall be sufficient if it is in
2589substantially the following form:
2590
2591
CLAIM OF LIEN
2592State of ______
2593County of ______
2594Before me, the undersigned notary public, personally appeared
2595______, who was duly sworn and says that he/she is the
2596________of _____________, whose address is________; and that the
2597following described motor vehicle:
2598...(Description of motor vehicle)...
2599owned by __________, whose address is ____________, has accrued
2600$___________in fees for a reasonable tow, for storage, and for
2601parking, if applicable; that the lienor served its notice to the
2602owner, the insurance company insuring the motor vehicle
2603notwithstanding the provisions of s. 627.736, Florida Statutes,
2604and all persons of record claiming a lien against the motor
2605vehicle on ____, ...(year)..., by________.
2606...(Signature)...
2607Sworn to (or affirmed) and subscribed before me this _____day
2608of___, ...(year)..., by ...(name of person making statement)....
2609...(Signature of Notary Public)... ...(Print, Type, or Stamp
2610Commissioned name of Notary Public)...
2611Personally Known___OR Produced_____as identification.
2612
2613However, the negligent inclusion or omission of any information
2614in this claim of lien which does not prejudice the owner does
2615not constitute a default that operates to defeat an otherwise
2616valid lien.
2617     (d)  The claim of lien shall be served on the owner of the
2618motor vehicle, the insurance company insuring the motor vehicle,
2619notwithstanding the provisions of s. 627.736, and all persons of
2620record claiming a lien against the motor vehicle. If attempts to
2621notify the owner, the insurance company insuring the motor
2622vehicle notwithstanding the provisions of s. 627.736, or
2623lienholders are not successful, the requirement of notice by
2624mail shall be considered met. The claim of lien shall be so
2625served before recordation.
2626     (e)  The claim of lien shall be recorded with the clerk of
2627court in the county where the airport is located. The recording
2628of the claim of lien shall be constructive notice to all persons
2629of the contents and effect of such claim. The lien shall attach
2630at the time of recordation and shall take priority as of that
2631time.
2632     (8)  A purchaser or recipient in good faith of a motor
2633vehicle sold or obtained under this section takes the property
2634free of the rights of persons then holding any legal or
2635equitable interest thereto, whether or not recorded.
2636     Section 48.  Section 479.156, Florida Statutes, is amended
2637to read:
2638     479.156  Wall murals.-Notwithstanding any other provision
2639of this chapter, a municipality or county may permit and
2640regulate wall murals within areas designated by such government.
2641If a municipality or county permits wall murals, a wall mural
2642that displays a commercial message and is within 660 feet of the
2643nearest edge of the right-of-way within an area adjacent to the
2644interstate highway system or the federal-aid primary highway
2645system shall be located in an area that is zoned for industrial
2646or commercial use and the municipality or county shall establish
2647and enforce regulations for such areas that, at a minimum, set
2648forth criteria governing the size, lighting, and spacing of wall
2649murals consistent with the intent of the Highway Beautification
2650Act of 1965 and with customary use. Whenever a municipality or
2651county exercises such control and makes a determination of
2652customary use pursuant to 23 U.S.C. s. 131(d), such
2653determination shall be accepted in lieu of controls in the
2654agreement between the state and the United States Department of
2655Transportation, and the department shall notify the Federal
2656Highway Administration pursuant to the agreement, 23 U.S.C. s.
2657131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
2658subject to municipal or county regulation and the Highway
2659Beautification Act of 1965 must be approved by the Department of
2660Transportation and the Federal Highway Administration when
2661required by federal law and federal regulation under the
2662agreement between the state and the United States Department of
2663Transportation and federal regulations enforced by the
2664Department of Transportation under s. 479.02(1). The existence
2665of a wall mural as defined in s. 479.01(30)(27) shall not be
2666considered in determining whether a sign as defined in s.
2667479.01(20)(17), either existing or new, is in compliance with s.
2668479.07(9)(a).
2669     Section 49.  This act shall take effect July 1, 2010.


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