Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       Barcode 269278
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1506 and 1507
    4  insert:
    5         Section 33. Subsection (4) of section 310.002, Florida
    6  Statutes, is amended to read:
    7         310.002 Definitions.—As used in this chapter, except where
    8  the context clearly indicates otherwise:
    9         (4) “Port” means any place in the state into which vessels
   10  enter or depart and includes, without limitation, Fernandina,
   11  Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
   12  Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
   13  West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
   14  Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
   15  Carrabelle, Panama City, Port St. Joe, and Pensacola.
   16         Section 34. Subsection (1) of section 311.09, Florida
   17  Statutes, is amended to read:
   18         311.09 Florida Seaport Transportation and Economic
   19  Development Council.—
   20         (1) The Florida Seaport Transportation and Economic
   21  Development Council is created within the Department of
   22  Transportation. The council consists of the following 18 17
   23  members: the port director, or the port director’s designee, of
   24  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
   25  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
   26  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
   27  West, and Fernandina; the secretary of the Department of
   28  Transportation or his or her designee; the director of the
   29  Office of Tourism, Trade, and Economic Development or his or her
   30  designee; and the secretary of the Department of Community
   31  Affairs or his or her designee.
   32         Section 35. Subsection (3) of section 316.075, Florida
   33  Statutes, is amended to read:
   34         316.075 Traffic control signal devices.—
   35         (3)(a) No traffic control signal device shall be used which
   36  does not exhibit a yellow or “caution” light between the green
   37  or “go” signal and the red or “stop” signal.
   38         (b) No traffic control signal device shall display other
   39  than the color red at the top of the vertical signal, nor shall
   40  it display other than the color red at the extreme left of the
   41  horizontal signal.
   42         (c) The Department of Transportation shall establish
   43  minimum yellow light change interval times for traffic control
   44  devices. The minimum yellow light change interval time shall be
   45  established in accordance with nationally recognized engineering
   46  standards set forth in the Institute of Transportation Engineers
   47  Traffic Engineering Handbook, and any such established time may
   48  not be less than the recognized national standard.
   49         Section 36. Present subsections (3) and (4) of section
   50  316.0083, Florida Statutes, are renumbered as subsections (4)
   51  and (5), respectively, and a new subsection (3) is added to that
   52  section, to read:
   53         316.0083 Mark Wandall Traffic Safety Program;
   54  administration; report.—
   55         (3) A notice of violation and a traffic citation may not be
   56  issued pursuant to this section for a violation committed at an
   57  intersection where the traffic signal device does not meet all
   58  requirements under s. 316.075(3). Any such notice of violation
   59  or citation is unenforceable and the court, clerk of court,
   60  designated official, or authorized operator of a traffic
   61  violations bureau shall dismiss the citation without penalty or
   62  assessment of points against the license of the person cited.
   63         Section 37. Section 316.2045, Florida Statutes, is
   64  repealed.
   65         Section 38. Section 316.2046, Florida Statutes, is created
   66  to read:
   67         316.2046 Obstruction of public streets, highways, and
   68  roads.—
   69         (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
   70         (a) Ensuring public safety on public streets, highways, and
   71  roads is an important and substantial state interest.
   72         (b) Obstruction of the free flow of traffic on public
   73  streets, highways, and roads endangers the public safety.
   74         (c) Obtrusive and distracting activities that impede
   75  pedestrian traffic adjacent to streets, highways, and roads can
   76  also disrupt the free flow of traffic and endanger public
   77  safety.
   78         (d) Soliciting funds or engaging in a commercial exchange
   79  with a person who is in a vehicle that is not stopped in a
   80  driveway or designated parking area endangers the safe movement
   81  of vehicles.
   82         (2) DEFINITIONS.—As used in this section, the term
   83  “solicit” means to request employment, business, contributions,
   84  donations, sales, or exchanges of any kind.
   85         (3) PERMIT REQUIRED.—It is unlawful for any person,
   86  willfully and without a permit, to solicit or obstruct the free,
   87  convenient, and normal use of any public street, highway, or
   88  road by standing or approaching motor vehicles while on or
   89  immediately adjacent to the street, highway, or road in a manner
   90  that could endanger the safe movement of vehicles or pedestrians
   91  traveling thereon.
   92         (a) Each county and municipality shall adopt a permitting
   93  process that protects public safety but does not impair the
   94  rights of free speech, except to the extent necessary to protect
   95  public safety. The permitting process must authorize or deny a
   96  permit within 2 business days. A permit application denial by a
   97  county or municipality shall be in writing and be based on a
   98  finding that the proposed activity:
   99         1. Increases the likelihood of traffic accidents;
  100         2. Violates traffic laws, rules, or ordinances;
  101         3. Makes the sidewalk impassable for pedestrians; or
  102         4. Significantly increases the likelihood of harm to
  103  motorists and passersby.
  104         (b)If the county or municipality approves the permit, it
  105  must issue to the applicant a document specifying:
  106         1. The name and address of the person to whom the permit is
  107  granted;
  108         2. The name of the company the person represents, if any;
  109  and
  110         3. The expiration date of the permit.
  111         (c) The permitholder must keep the permit on his or her
  112  person at all times when engaging in activity authorized by the
  113  permit.
  114         (d) The cost of the permit may not exceed an amount that is
  115  reasonably necessary to administer the permitting process.
  116  However, a permit may not be denied to any applicant for lack of
  117  financial means, as attested to by a signed affidavit.
  118         (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
  119  section, counties and municipalities have original jurisdiction
  120  over non-limited access state roads, and local roads, streets,
  121  and highways within their physical jurisdiction. Counties and
  122  municipalities may increase the restrictions of the permit
  123  program if those restrictions are narrowly tailored to serve an
  124  important public purpose. A county or municipality may opt out
  125  of the permit program by a majority vote of the members of the
  126  county or municipal governing body. This section does not
  127  preempt any existing ordinances.
  128         (5) EXCEPTIONS.—This section does not:
  129         (a) Restrict a person from passively standing or sitting on
  130  a public sidewalk and holding a sign if that person does not
  131  obstruct the flow of vehicle or pedestrian traffic.
  132         (b) Apply to any art festival, parade, fair, or other
  133  special event permitted by the appropriate county or
  134  municipality where the streets are blocked off from the normal
  135  flow of traffic.
  136         (c) Apply to:
  137         1. Law enforcement officers carrying out their duties;
  138         2.Emergency vehicles responding to an emergency or
  139  possible emergency;
  140         3.Mail-delivery vehicles;
  141         4.Service vehicles performing work adjacent to the
  142  roadway; and
  143         5.Any commercial vehicle that is used solely for the
  144  purpose of collecting solid waste or recyclable or recovered
  145  materials and that is stopped for the sole purpose of collecting
  146  solid waste or recyclable or recovered materials.
  147         (6) VIOLATIONS.—Any person who violates the provisions of
  148  this section, upon conviction, shall be cited for a pedestrian
  149  violation, punishable as provided in chapter 318. An additional
  150  $10 shall be added to the fine levied under chapter 318. Moneys
  151  collected from this additional $10 fine shall be deposited into
  152  the Grants and Donations Trust Fund of the Department of
  153  Children and Family Services and used by the State Office on
  154  Homelessness to supplement grants made under s. 420.622(4) and
  155  (5).
  156         (7) ENFORCEMENT.—The Department of Highway Safety and Motor
  157  Vehicles and other law enforcement agencies are authorized and
  158  directed to enforce this section.
  159         Section 39. Section 316.2047, Florida Statutes, is created
  160  to read:
  161         316.2047Panhandling.—
  162         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
  163  panhandling, soliciting, or demanding money, gifts, or donations
  164  may interfere with the safe ingress and egress of human and
  165  vehicular traffic into public buildings, public areas, and
  166  public transportation areas, thereby constituting a threat to
  167  the public health, welfare, and safety of the citizenry. The
  168  Legislature also finds that aggressive and fraudulent
  169  panhandling are threats to public safety and personal security.
  170         (2) DEFINITIONS.—As used in this section, the term:
  171         (a) “Aggressive panhandling” means to knowingly request
  172  money, gifts, or donations:
  173         1. By unwanted touching, detaining, impeding, or
  174  intimidation;
  175         2. Under circumstances that warrant justifiable and
  176  reasonable alarm or immediate concern for the safety of persons
  177  or property in the vicinity;
  178         3. By following the solicited person after that person has
  179  made a negative response; or
  180         4. By using obscene or abusive language or gestures that
  181  are reasonably likely to intimidate or cause fear of bodily
  182  harm.
  183         (b) “False or misleading representation” means, without
  184  limitation:
  185         1. Stating that the donation is needed to meet a specific
  186  need, when the solicitor already has sufficient funds to meet
  187  that need and does not disclose that fact;
  188         2.Stating that the solicitor is from out of town and
  189  stranded, when such is not true;
  190         3. Wearing a military uniform or other indication of
  191  military service when the solicitor is not a present or former
  192  member of the service indicated;
  193         4. Wearing or displaying an indication of physical
  194  disability, when the solicitor does not suffer the disability
  195  indicated;
  196         5. Using any makeup or device to simulate any deformity; or
  197         6. Stating that the solicitor is homeless, when he or she
  198  is not.
  199         (c) “Fraudulent panhandling” means to knowingly make any
  200  false or misleading representation in the course of soliciting a
  201  donation.
  202         (d) “Panhandling” means to:
  203         1. Solicit, request, or beg for an immediate donation of
  204  money or something else of value; or
  205         2. Offer an individual an item of little or no monetary
  206  value in exchange for money or another gratuity under
  207  circumstances that would cause a reasonable individual to
  208  understand that the transaction is only a donation.
  209         (3)PROHIBITED ACTIVITY.—It is unlawful to:
  210         (a)Engage in aggressive panhandling.
  211         (b)Engage in panhandling:
  212         1. Within 20 feet of a bus stop;
  213         2. Within 20 feet of an automated teller machine or the
  214  entrance to a bank;
  215         3. While blocking the entrance to a building or motor
  216  vehicle; or
  217         4. In a parking garage owned or operated by a county, a
  218  municipality, or an agency of the state or the Federal
  219  Government.
  220         (c) Engage in fraudulent panhandling.
  221         (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
  222  municipalities may increase the restrictions on panhandling if
  223  those restrictions are nondiscriminatory and narrowly tailored
  224  to serve an important public purpose. A county or municipality
  225  may opt out of the provisions of this section by a majority vote
  226  of the members of the county or municipal governing body. This
  227  section does not preempt any existing ordinances that are
  228  consistent with this section.
  229         (5) VIOLATIONS; PENALTIES.—Any person who violates the
  230  provisions of this section, upon conviction, shall be cited for
  231  a pedestrian violation, punishable as provided in chapter 318.
  232  An additional $10 shall be added to the fine levied under
  233  chapter 318. Moneys collected from this additional $10 fine
  234  shall be deposited into the Grants and Donations Trust Fund of
  235  the Department of Children and Family Services and used by the
  236  State Office on Homelessness to supplement grants made under s.
  237  420.622(4) and (5).
  238         (6) ENFORCEMENT.—The Department of Highway Safety and Motor
  239  Vehicles and other law enforcement agencies are authorized and
  240  directed to enforce this section.
  241         Section 40. Paragraph (c) of subsection (2) of section
  242  316.302, Florida Statutes, is amended to read:
  243         316.302 Commercial motor vehicles; safety regulations;
  244  transporters and shippers of hazardous materials; enforcement.—
  245         (2)
  246         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  247  operates a commercial motor vehicle solely in intrastate
  248  commerce not transporting any hazardous material in amounts that
  249  require placarding pursuant to 49 C.F.R. part 172 may not drive
  250  after having been on duty more than 70 hours in any period of 7
  251  consecutive days or more than 80 hours in any period of 8
  252  consecutive days if the motor carrier operates every day of the
  253  week. Thirty-four consecutive hours off duty shall constitute
  254  the end of any such period of 7 or 8 consecutive days. This
  255  weekly limit does not apply to a person who operates a
  256  commercial motor vehicle solely within this state while
  257  transporting, during harvest periods, any unprocessed
  258  agricultural products or unprocessed food or fiber that is
  259  subject to seasonal harvesting from place of harvest to the
  260  first place of processing or storage or from place of harvest
  261  directly to market or while transporting livestock, livestock
  262  feed, or farm supplies directly related to growing or harvesting
  263  agricultural products. Upon request of the Department of
  264  Transportation, motor carriers shall furnish time records or
  265  other written verification to that department so that the
  266  Department of Transportation can determine compliance with this
  267  subsection. These time records must be furnished to the
  268  Department of Transportation within 2 days after receipt of that
  269  department’s request. Falsification of such information is
  270  subject to a civil penalty not to exceed $100. The provisions of
  271  this paragraph do not apply to operators of farm labor vehicles
  272  operated during a state of emergency declared by the Governor or
  273  operated pursuant to s. 570.07(21), and do not apply to drivers
  274  of utility service vehicles as defined in 49 C.F.R. s. 395.2.
  275         Section 41. Subsection (26) of section 334.044, Florida
  276  Statutes, is amended to read:
  277         334.044 Department; powers and duties.—The department shall
  278  have the following general powers and duties:
  279         (26) To provide for the enhancement of environmental
  280  benefits, including air and water quality; to prevent roadside
  281  erosion; to conserve the natural roadside growth and scenery;
  282  and to provide for the implementation and maintenance of
  283  roadside conservation, enhancement, and stabilization programs.
  284  No more less than 1.5 percent of the amount contracted for
  285  construction projects that add capacity to the existing system
  286  shall be allocated by the department for the purchase of plant
  287  materials, if such amount does not exceed $1 million per
  288  project. with, To the greatest extent practical, a minimum of 50
  289  percent of these funds shall be allocated for large plant
  290  materials and the remaining funds for other plant materials. All
  291  such plant materials shall be purchased from Florida commercial
  292  nursery stock in this state on a uniform competitive bid basis.
  293  The department will develop grades and standards for landscaping
  294  materials purchased through this process. To accomplish these
  295  activities, the department may contract with nonprofit
  296  organizations having the primary purpose of developing youth
  297  employment opportunities.
  298         Section 42. Section 337.406, Florida Statutes, is amended
  299  to read:
  300         337.406 Unlawful use of state transportation facility
  301  right-of-way; penalties.—
  302         (1) Except when leased as provided in s. 337.25(5) or
  303  otherwise authorized by the rules of the department, it is
  304  unlawful to make any use of any limited access highway the
  305  right-of-way of any state transportation facility, including
  306  appendages thereto, outside of an incorporated municipality in
  307  any manner that interferes with the safe and efficient movement
  308  of people and property from place to place on the transportation
  309  facility. Failure to prohibit the use of right-of-way in this
  310  manner will endanger the health, safety, and general welfare of
  311  the public by causing distractions to motorists, unsafe
  312  pedestrian movement within travel lanes, sudden stoppage or
  313  slowdown of traffic, rapid lane changing and other dangerous
  314  traffic movement, increased vehicular accidents, and motorist
  315  injuries and fatalities. Such prohibited uses include, but are
  316  not limited to, the free distribution or sale, or display or
  317  solicitation for free distribution or sale, of any merchandise,
  318  goods, property or services; the solicitation for charitable
  319  purposes; the servicing or repairing of any vehicle, except the
  320  rendering of emergency service; the storage of vehicles being
  321  serviced or repaired on abutting property or elsewhere; and the
  322  display of advertising of any sort, except that any portion of a
  323  state transportation facility may be used for an art festival,
  324  parade, fair, or other special event if permitted by the
  325  appropriate local governmental entity. Counties and
  326  municipalities shall regulate the use of transportation
  327  facilities within their jurisdiction, except limited access
  328  highways, pursuant to s. 316.2046. The Department of
  329  Transportation shall regulate the use of rest areas and welcome
  330  centers as limited public forums that are provided to the public
  331  for safety rest stops. Accordingly, the uses within these rest
  332  areas and welcome centers may be limited. Local government
  333  entities may issue permits of limited duration for the temporary
  334  use of the right-of-way of a state transportation facility for
  335  any of these prohibited uses if it is determined that the use
  336  will not interfere with the safe and efficient movement of
  337  traffic and the use will cause no danger to the public. The
  338  permitting authority granted in this subsection shall be
  339  exercised by the municipality within incorporated municipalities
  340  and by the county outside an incorporated municipality. Before a
  341  road on the State Highway System may be temporarily closed for a
  342  special event, the local governmental entity which permits the
  343  special event to take place must determine that the temporary
  344  closure of the road is necessary and must obtain the prior
  345  written approval for the temporary road closure from the
  346  department. Nothing in this subsection shall be construed to
  347  authorize such activities on any limited access highway. Local
  348  governmental entities may, within their respective
  349  jurisdictions, initiate enforcement action by the appropriate
  350  code enforcement authority or law enforcement authority for a
  351  violation of this section.
  352         (2) Persons holding valid peddlers’ licenses issued by
  353  appropriate governmental entities may make sales from vehicles
  354  standing on the right-of-way to occupants of abutting property
  355  only.
  356         (2)(3) The Department of Highway Safety and Motor Vehicles
  357  and other law enforcement agencies are authorized and directed
  358  to enforce this statute.
  359         (3)(4) Camping is prohibited on any portion of the right
  360  of-way of the State Highway System that is within 100 feet of a
  361  bridge, causeway, overpass, or ramp.
  362         (4)(5) The violation of any provision of this section or
  363  any rule promulgated by the department pursuant to this section
  364  constitutes a misdemeanor of the second degree, punishable as
  365  provided in s. 775.082 or s. 775.083, and each day a violation
  366  continues to exist constitutes a separate offense.
  367         Section 43. Subsections (1) and (4) of section 337.408,
  368  Florida Statutes, are amended to read:
  369         337.408 Regulation of bus stop benches, transit shelters,
  370  street light poles, waste disposal receptacles, and modular news
  371  racks within rights-of-way.—
  372         (1) Benches or transit shelters, including advertising
  373  displayed on benches or transit shelters, may be installed
  374  within the right-of-way limits of any municipal, county, or
  375  state road, except a limited access highway, provided that such
  376  benches or transit shelters are for the comfort or convenience
  377  of the general public or are at designated stops on official bus
  378  routes and provided that written authorization has been given to
  379  a qualified private supplier of such service by the municipal
  380  government within whose incorporated limits such benches or
  381  transit shelters are installed or by the county government
  382  within whose unincorporated limits such benches or transit
  383  shelters are installed. A municipality or county may authorize
  384  the installation, without public bid, of benches and transit
  385  shelters together with advertising displayed thereon within the
  386  right-of-way limits of such roads. All installations shall be in
  387  compliance with all applicable laws and rules including, without
  388  limitation, the Americans with Disabilities Act. Municipalities
  389  and counties shall indemnify, defend, and hold harmless the
  390  department from any suits, actions, proceedings, claims, losses,
  391  costs, charges, expenses, damages, liabilities, attorney fees,
  392  and court costs relating to the installation, removal, or
  393  relocation of such installations. Any contract for the
  394  installation of benches or transit shelters or advertising on
  395  benches or transit shelters which was entered into before April
  396  8, 1992, without public bidding is ratified and affirmed. Such
  397  benches or transit shelters may not interfere with right-of-way
  398  preservation and maintenance. Any bench or transit shelter
  399  located on a sidewalk within the right-of-way limits of any road
  400  on the State Highway System or the county road system shall be
  401  located so as to leave at least 36 inches of clearance for
  402  pedestrians and persons in wheelchairs. Such clearance shall be
  403  measured in a direction perpendicular to the centerline of the
  404  road.
  405         (4) The department has the authority to direct the
  406  immediate relocation or removal of any bus stop bench, transit
  407  shelter, waste disposal receptacle, public pay telephone, or
  408  modular news rack that endangers life or property, or that is
  409  otherwise not in compliance with applicable laws and rules,
  410  except that transit bus benches that were placed in service
  411  before April 1, 1992, are not required to comply with bench size
  412  and advertising display size requirements established by the
  413  department before March 1, 1992. If a municipality or county
  414  fails to comply with the department’s direction, the department
  415  shall remove the noncompliant installation, charge the cost of
  416  the removal to the municipality or county, and may deduct or
  417  offset such cost from any other funding available to the
  418  municipality or county from the department. Any transit bus
  419  bench that was in service before April 1, 1992, may be replaced
  420  with a bus bench of the same size or smaller, if the bench is
  421  damaged or destroyed or otherwise becomes unusable. The
  422  department may adopt rules relating to the regulation of bench
  423  size and advertising display size requirements. If a
  424  municipality or county within which a bench is to be located has
  425  adopted an ordinance or other applicable regulation that
  426  establishes bench size or advertising display sign requirements
  427  different from requirements specified in department rule, the
  428  local government requirement applies within the respective
  429  municipality or county. Placement of any bench or advertising
  430  display on the National Highway System under a local ordinance
  431  or regulation adopted under this subsection is subject to
  432  approval of the Federal Highway Administration.
  433         Section 44. Section 373.413, Florida Statutes, is amended
  434  to read:
  435         373.413 Permits for construction or alteration.—
  436         (1) Except for the exemptions set forth herein, the
  437  governing board or the department may require such permits and
  438  impose such reasonable conditions as are necessary to assure
  439  that the construction or alteration of any stormwater management
  440  system, dam, impoundment, reservoir, appurtenant work, or works
  441  will comply with the provisions of this part and applicable
  442  rules promulgated thereto and will not be harmful to the water
  443  resources of the district. The department or the governing board
  444  may delineate areas within the district wherein permits may be
  445  required.
  446         (2) A person proposing to construct or alter a stormwater
  447  management system, dam, impoundment, reservoir, appurtenant
  448  work, or works subject to such permit shall apply to the
  449  governing board or department for a permit authorizing such
  450  construction or alteration. The application shall contain the
  451  following:
  452         (a) Name and address of the applicant.
  453         (b) Name and address of the owner or owners of the land
  454  upon which the works are to be constructed and a legal
  455  description of such land.
  456         (c) Location of the work.
  457         (d) Sketches of construction pending tentative approval.
  458         (e) Name and address of the person who prepared the plans
  459  and specifications of construction.
  460         (f) Name and address of the person who will construct the
  461  proposed work.
  462         (g) General purpose of the proposed work.
  463         (h) Such other information as the governing board or
  464  department may require.
  465         (3) After receipt of an application for a permit, the
  466  governing board or department shall publish notice of the
  467  application by sending a notice to any persons who have filed a
  468  written request for notification of any pending applications
  469  affecting the particular designated area. Such notice may be
  470  sent by regular mail. The notice shall contain the name and
  471  address of the applicant; a brief description of the proposed
  472  activity, including any mitigation; the location of the proposed
  473  activity, including whether it is located within an Outstanding
  474  Florida Water or aquatic preserve; a map identifying the
  475  location of the proposed activity subject to the application; a
  476  depiction of the proposed activity subject to the application; a
  477  name or number identifying the application and the office where
  478  the application can be inspected; and any other information
  479  required by rule.
  480         (4) In addition to the notice required by subsection (3),
  481  the governing board or department may publish, or require an
  482  applicant to publish at the applicant’s expense, in a newspaper
  483  of general circulation within the affected area, a notice of
  484  receipt of the application and a notice of intended agency
  485  action. This subsection does not limit the discretionary
  486  authority of the department or the governing board of a water
  487  management district to publish, or to require an applicant to
  488  publish at the applicant’s expense, any notice under this
  489  chapter. The governing board or department shall also provide
  490  notice of this intended agency action to the applicant and to
  491  persons who have requested a copy of the intended agency action
  492  for that specific application.
  493         (5) The governing board or department may charge a
  494  subscription fee to any person who has filed a written request
  495  for notification of any pending applications to cover the cost
  496  of duplication and mailing charges.
  497         (6)It is the intent of the Legislature that the governing
  498  board or department exercise flexibility in the permitting of
  499  stormwater management systems associated with the construction
  500  or alteration of systems serving state transportation projects
  501  and facilities. Because of the unique limitations of linear
  502  facilities, the governing board or department shall balance the
  503  expenditure of public funds for stormwater treatment for state
  504  transportation projects and facilities and the treatment
  505  objectives to be achieved.In consideration thereof, the
  506  governing board or department shall allow alternatives to on
  507  site treatment, including but not limited to regional stormwater
  508  treatment systems. The Department of Transportation shall not be
  509  responsible for the abatement of pollutants and flows entering
  510  its stormwater management systems from offsite; however, this
  511  subsection does not prohibit the Department of Transportation
  512  from receiving and managing such pollutants and flows when it is
  513  found to be cost-effective and prudent. Further, in association
  514  with right-of-way acquisition for state transportation projects,
  515  the Department of Transportation is responsible for providing
  516  stormwater treatment and attenuation for additional right-of
  517  way, but shall not be responsible for modifying permits of
  518  adjacent lands when it is not the permittee. Further, in
  519  association with right-of-way acquisition for state
  520  transportation projects, the Department of Transportation is
  521  responsible for providing stormwater treatment and attenuation
  522  for additional right-of-way, but shall not be responsible for
  523  modifying permits of adjacent lands when it is not the
  524  permittee. To accomplish this, the governing board or department
  525  shall adopt rules for these activities.
  526         Section 45. Subsections (1), (2), (3), (4), and (5) of
  527  section 373.4137, Florida Statutes, are amended to read:
  528         373.4137 Mitigation requirements for specified
  529  transportation projects.—
  530         (1) The Legislature finds that environmental mitigation for
  531  the impact of transportation projects proposed by the Department
  532  of Transportation or a transportation authority established
  533  pursuant to chapter 348 or chapter 349 can be more effectively
  534  achieved by regional, long-range mitigation planning rather than
  535  on a project-by-project basis. It is the intent of the
  536  Legislature that mitigation to offset the adverse effects of
  537  these transportation projects be funded by the Department of
  538  Transportation and be carried out by the water management
  539  districts, including the use of mitigation banks and any other
  540  mitigation options that satisfy state and federal requirements
  541  established pursuant to this part.
  542         (2) Environmental impact inventories for transportation
  543  projects proposed by the Department of Transportation or a
  544  transportation authority established pursuant to chapter 348 or
  545  chapter 349 shall be developed as follows:
  546         (a) By July 1 of each year, the Department of
  547  Transportation or a transportation authority established
  548  pursuant to chapter 348 or chapter 349 which chooses to
  549  participate in this program shall submit to the water management
  550  districts a list copy of its projects in the adopted work
  551  program and an environmental impact inventory of habitats
  552  addressed in the rules adopted pursuant to this part and s. 404
  553  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
  554  by its plan of construction for transportation projects in the
  555  next 3 years of the tentative work program. The Department of
  556  Transportation or a transportation authority established
  557  pursuant to chapter 348 or chapter 349 may also include in its
  558  environmental impact inventory the habitat impacts of any future
  559  transportation project. The Department of Transportation and
  560  each transportation authority established pursuant to chapter
  561  348 or chapter 349 may fund any mitigation activities for future
  562  projects using current year funds.
  563         (b) The environmental impact inventory shall include a
  564  description of these habitat impacts, including their location,
  565  acreage, and type; state water quality classification of
  566  impacted wetlands and other surface waters; any other state or
  567  regional designations for these habitats; and a list survey of
  568  threatened species, endangered species, and species of special
  569  concern affected by the proposed project.
  570         (3)(a) To fund development and implementation of the
  571  mitigation plan for the projected impacts identified in the
  572  environmental impact inventory described in subsection (2), the
  573  Department of Transportation shall identify funds quarterly in
  574  an escrow account within the State Transportation Trust Fund for
  575  the environmental mitigation phase of projects budgeted by the
  576  Department of Transportation for the current fiscal year. The
  577  escrow account shall be maintained by the Department of
  578  Transportation for the benefit of the water management
  579  districts. Any interest earnings from the escrow account shall
  580  remain with the Department of Transportation.
  581         (b) Each transportation authority established pursuant to
  582  chapter 348 or chapter 349 that chooses to participate in this
  583  program shall create an escrow account within its financial
  584  structure and deposit funds in the account to pay for the
  585  environmental mitigation phase of projects budgeted for the
  586  current fiscal year. The escrow account shall be maintained by
  587  the authority for the benefit of the water management districts.
  588  Any interest earnings from the escrow account shall remain with
  589  the authority.
  590         (c) Except for current mitigation projects in the
  591  monitoring and maintenance phase and except as allowed by
  592  paragraph (d), the water management districts may request a
  593  transfer of funds from an escrow account no sooner than 30 days
  594  prior to the date the funds are needed to pay for activities
  595  associated with development or implementation of the approved
  596  mitigation plan described in subsection (4) for the current
  597  fiscal year, including, but not limited to, design, engineering,
  598  production, and staff support. Actual conceptual plan
  599  preparation costs incurred before plan approval may be submitted
  600  to the Department of Transportation or the appropriate
  601  transportation authority each year with the plan. The conceptual
  602  plan preparation costs of each water management district will be
  603  paid from mitigation funds associated with the environmental
  604  impact inventory for the current year. The amount transferred to
  605  the escrow accounts each year by the Department of
  606  Transportation and participating transportation authorities
  607  established pursuant to chapter 348 or chapter 349 shall
  608  correspond to a cost per acre of $75,000 multiplied by the
  609  projected acres of impact identified in the environmental impact
  610  inventory described in subsection (2). However, the $75,000 cost
  611  per acre does not constitute an admission against interest by
  612  the state or its subdivisions nor is the cost admissible as
  613  evidence of full compensation for any property acquired by
  614  eminent domain or through inverse condemnation. Each July 1, the
  615  cost per acre shall be adjusted by the percentage change in the
  616  average of the Consumer Price Index issued by the United States
  617  Department of Labor for the most recent 12-month period ending
  618  September 30, compared to the base year average, which is the
  619  average for the 12-month period ending September 30, 1996. Each
  620  quarter, the projected acreage of impact shall be reconciled
  621  with the acreage of impact of projects as permitted, including
  622  permit modifications, pursuant to this part and s. 404 of the
  623  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
  624  of funds shall be adjusted accordingly to reflect the acreage of
  625  impacts as permitted. The Department of Transportation and
  626  participating transportation authorities established pursuant to
  627  chapter 348 or chapter 349 are authorized to transfer such funds
  628  from the escrow accounts to the water management districts to
  629  carry out the mitigation programs. Environmental mitigation
  630  funds that are identified or maintained in an escrow account for
  631  the benefit of a water management district may be released if
  632  the associated transportation project is excluded in whole or
  633  part from the mitigation plan. For a mitigation project that is
  634  in the maintenance and monitoring phase, the water management
  635  district may request and receive a one-time payment based on the
  636  project’s expected future maintenance and monitoring costs. Upon
  637  disbursement of the final maintenance and monitoring payment,
  638  the obligation of the department or the participating
  639  transportation authority is satisfied, the water management
  640  district has the continuing responsibility for the mitigation
  641  project, and the escrow account for the project established by
  642  the Department of Transportation or the participating
  643  transportation authority may be closed. Any interest earned on
  644  these disbursed funds shall remain with the water management
  645  district and must be used as authorized under this section.
  646         (d) Beginning in the 2005-2006 fiscal year, each water
  647  management district shall be paid a lump-sum amount of $75,000
  648  per acre, adjusted as provided under paragraph (c), for
  649  federally funded transportation projects that are included on
  650  the environmental impact inventory and that have an approved
  651  mitigation plan. Beginning in the 2009-2010 fiscal year, each
  652  water management district shall be paid a lump-sum amount of
  653  $75,000 per acre, adjusted as provided under paragraph (c), for
  654  federally funded and nonfederally funded transportation projects
  655  that have an approved mitigation plan. All mitigation costs,
  656  including, but not limited to, the costs of preparing conceptual
  657  plans and the costs of design, construction, staff support,
  658  future maintenance, and monitoring the mitigated acres shall be
  659  funded through these lump-sum amounts.
  660         (4) Prior to March 1 of each year, each water management
  661  district, in consultation with the Department of Environmental
  662  Protection, the United States Army Corps of Engineers, the
  663  Department of Transportation, participating transportation
  664  authorities established pursuant to chapter 348 or chapter 349,
  665  and other appropriate federal, state, and local governments, and
  666  other interested parties, including entities operating
  667  mitigation banks, shall develop a plan for the primary purpose
  668  of complying with the mitigation requirements adopted pursuant
  669  to this part and 33 U.S.C. s. 1344. In developing such plans,
  670  the districts shall utilize sound ecosystem management practices
  671  to address significant water resource needs and shall focus on
  672  activities of the Department of Environmental Protection and the
  673  water management districts, such as surface water improvement
  674  and management (SWIM) projects and lands identified for
  675  potential acquisition for preservation, restoration or
  676  enhancement, and the control of invasive and exotic plants in
  677  wetlands and other surface waters, to the extent that such
  678  activities comply with the mitigation requirements adopted under
  679  this part and 33 U.S.C. s. 1344. In determining the activities
  680  to be included in such plans, the districts shall also consider
  681  the purchase of credits from public or private mitigation banks
  682  permitted under s. 373.4136 and associated federal authorization
  683  and shall include such purchase as a part of the mitigation plan
  684  when such purchase would offset the impact of the transportation
  685  project, provide equal benefits to the water resources than
  686  other mitigation options being considered, and provide the most
  687  cost-effective mitigation option. The mitigation plan shall be
  688  submitted to the water management district governing board, or
  689  its designee, for review and approval. At least 14 days prior to
  690  approval, the water management district shall provide a copy of
  691  the draft mitigation plan to any person who has requested a
  692  copy.
  693         (a) For each transportation project with a funding request
  694  for the next fiscal year, the mitigation plan must include a
  695  brief explanation of why a mitigation bank was or was not chosen
  696  as a mitigation option, including an estimation of identifiable
  697  costs of the mitigation bank and nonbank options to the extent
  698  practicable.
  699         (b) Specific projects may be excluded from the mitigation
  700  plan, in whole or in part, and are shall not be subject to this
  701  section upon the election agreement of the Department of
  702  Transportation, or a transportation authority, if applicable, or
  703  and the appropriate water management district that the inclusion
  704  of such projects would hamper the efficiency or timeliness of
  705  the mitigation planning and permitting process. The water
  706  management district may choose to exclude a project in whole or
  707  in part if the district is unable to identify mitigation that
  708  would offset impacts of the project.
  709         (5) The water management district shall ensure be
  710  responsible for ensuring that mitigation requirements pursuant
  711  to 33 U.S.C. s. 1344 are met for the impacts identified in the
  712  environmental impact inventory described in subsection (2), by
  713  implementation of the approved plan described in subsection (4)
  714  to the extent funding is provided by the Department of
  715  Transportation, or a transportation authority established
  716  pursuant to chapter 348 or chapter 349, if applicable. During
  717  the federal permitting process, the water management district
  718  may deviate from the approved mitigation plan in order to comply
  719  with federal permitting requirements.
  720         Section 46. Paragraph (c) of subsection (1) of section
  721  374.976, Florida Statutes, is amended to read:
  722         374.976 Authority to address impacts of waterway
  723  development projects.—
  724         (1) Each inland navigation district is empowered and
  725  authorized to undertake programs intended to alleviate the
  726  problems associated with its waterway or waterways, including,
  727  but not limited to, the following:
  728         (c) The district is authorized to aid and cooperate with
  729  the Federal Government; state; member counties; nonmember
  730  counties that contain any part of the intracoastal waterway
  731  within their boundaries; navigation districts; the seaports of
  732  Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
  733  Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
  734  Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
  735  Fernandina; and local governments within the district in
  736  planning and carrying out public navigation, local and regional
  737  anchorage management, beach renourishment, public recreation,
  738  inlet management, environmental education, and boating safety
  739  projects, directly related to the waterways. The district is
  740  also authorized to enter into cooperative agreements with the
  741  United States Army Corps of Engineers, state, and member
  742  counties, and to covenant in any such cooperative agreement to
  743  pay part of the costs of acquisition, planning, development,
  744  construction, reconstruction, extension, improvement, operation,
  745  and maintenance of such projects.
  746         Section 47. Subsection (9) of section 403.021, Florida
  747  Statutes, is amended to read:
  748         403.021 Legislative declaration; public policy.—
  749         (9)(a) The Legislature finds and declares that it is
  750  essential to preserve and maintain authorized water depth in the
  751  existing navigation channels, port harbors, turning basins, and
  752  harbor berths of this state in order to provide for the
  753  continued safe navigation of deepwater shipping commerce. The
  754  department shall recognize that maintenance of authorized water
  755  depths consistent with port master plans developed pursuant to
  756  s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
  757  necessary activity that is in the public interest; and it shall
  758  develop a regulatory process that shall enable the ports of this
  759  state to conduct such activities in an environmentally sound,
  760  safe, expeditious, and cost-efficient manner. It is the further
  761  intent of the Legislature that the permitting and enforcement of
  762  dredging, dredged-material management, and other related
  763  activities for Florida’s deepwater ports pursuant to this
  764  chapter and chapters 161, 253, and 373 shall be consolidated
  765  within the department’s Division of Water Resource Management
  766  and, with the concurrence of the affected deepwater port or
  767  ports, may be administered by a district office of the
  768  department or delegated to an approved local environmental
  769  program.
  770         (b) The provisions of paragraph (a) apply only to the port
  771  waters, dredged-material management sites, port harbors,
  772  navigation channels, turning basins, and harbor berths used for
  773  deepwater commercial navigation in the ports of Jacksonville,
  774  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  775  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  776  Petersburg, Pensacola, Fernandina, and Key West.
  777         Section 48. Subsection (26) of section 403.061, Florida
  778  Statutes, is amended to read:
  779         403.061 Department; powers and duties.—The department shall
  780  have the power and the duty to control and prohibit pollution of
  781  air and water in accordance with the law and rules adopted and
  782  promulgated by it and, for this purpose, to:
  783         (26)(a) Develop standards and criteria for waters used for
  784  deepwater shipping which standards and criteria consider
  785  existing water quality; appropriate mixing zones and other
  786  requirements for maintenance dredging in previously constructed
  787  deepwater navigation channels, port harbors, turning basins, or
  788  harbor berths; and appropriate mixing zones for disposal of
  789  spoil material from dredging and, where necessary, develop a
  790  separate classification for such waters. Such classification,
  791  standards, and criteria shall recognize that the present
  792  dedicated use of these waters is for deepwater commercial
  793  navigation.
  794         (b) The provisions of paragraph (a) apply only to the port
  795  waters, spoil disposal sites, port harbors, navigation channels,
  796  turning basins, and harbor berths used for deepwater commercial
  797  navigation in the ports of Jacksonville, Tampa, Port Everglades,
  798  Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
  799  Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
  800  Florida Power Corporation’s Crystal River Canal, Boca Grande,
  801  Green Cove Springs, and Pensacola.
  802  
  803         The department shall implement such programs in conjunction
  804  with its other powers and duties and shall place special
  805  emphasis on reducing and eliminating contamination that presents
  806  a threat to humans, animals or plants, or to the environment.
  807         Section 49. Subsection (3) of section 403.813, Florida
  808  Statutes, is amended to read:
  809         403.813 Permits issued at district centers; exceptions.—
  810         (3) For maintenance dredging conducted under this section
  811  by the seaports of Jacksonville, Port Canaveral, Port Citrus,
  812  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  813  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  814  West, and Fernandina or by inland navigation districts:
  815         (a) A mixing zone for turbidity is granted within a 150
  816  meter radius from the point of dredging while dredging is
  817  ongoing, except that the mixing zone may not extend into areas
  818  supporting wetland communities, submerged aquatic vegetation, or
  819  hardbottom communities.
  820         (b) The discharge of the return water from the site used
  821  for the disposal of dredged material shall be allowed only if
  822  such discharge does not result in a violation of water quality
  823  standards in the receiving waters. The return-water discharge
  824  into receiving waters shall be granted a mixing zone for
  825  turbidity within a 150-meter radius from the point of discharge
  826  during and immediately after the dredging, except that the
  827  mixing zone may not extend into areas supporting wetland
  828  communities, submerged aquatic vegetation, or hardbottom
  829  communities.
  830         (c) The state may not exact a charge for material that this
  831  subsection allows a public port or an inland navigation district
  832  to remove.
  833         (d) The use of flocculants at the site used for disposal of
  834  the dredged material is allowed if the use, including supporting
  835  documentation, is coordinated in advance with the department and
  836  the department has determined that the use is not harmful to
  837  water resources.
  838         (e) This subsection does not prohibit maintenance dredging
  839  of areas where the loss of original design function and
  840  constructed configuration has been caused by a storm event,
  841  provided that the dredging is performed as soon as practical
  842  after the storm event. Maintenance dredging that commences
  843  within 3 years after the storm event shall be presumed to
  844  satisfy this provision. If more than 3 years are needed to
  845  commence the maintenance dredging after the storm event, a
  846  request for a specific time extension to perform the maintenance
  847  dredging shall be submitted to the department, prior to the end
  848  of the 3-year period, accompanied by a statement, including
  849  supporting documentation, demonstrating that contractors are not
  850  available or that additional time is needed to obtain
  851  authorization for the maintenance dredging from the United
  852  States Army Corps of Engineers.
  853         Section 50. Section 403.816, Florida Statutes, is amended
  854  to read:
  855         403.816 Permits for maintenance dredging of deepwater ports
  856  and beach restoration projects.—
  857         (1) The department shall establish a permit system under
  858  this chapter and chapter 253 which provides for the performance,
  859  for up to 25 years from the issuance of the original permit, of
  860  maintenance dredging of permitted navigation channels, port
  861  harbors, turning basins, harbor berths, and beach restoration
  862  projects approved pursuant to chapter 161. However, permits
  863  issued for dredging river channels which are not a part of a
  864  deepwater port shall be valid for no more than five years. No
  865  charge shall be exacted by the state for material removed during
  866  such maintenance dredging by a public port authority.
  867         (2) The provisions of s. 253.77 do not apply to a permit
  868  for maintenance dredging and spoil site approval when there is
  869  no change in the size or location of the spoil disposal site and
  870  when the applicant provides documentation to the department that
  871  the appropriate lease, easement, or consent of use for the
  872  project site issued pursuant to chapter 253 is recorded in the
  873  county where the project is located.
  874         (3) The provisions of this section relating to ports apply
  875  only to the port waters, spoil disposal sites, port harbors,
  876  navigation channels, turning basins, and harbor berths used for
  877  deepwater commercial navigation in the ports of Jacksonville,
  878  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
  879  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
  880  Petersburg, Port Bartow, Florida Power Corporation’s Crystal
  881  River Canal, Boca Grande, Green Cove Springs, and Pensacola.
  882  
  883  
  884  ================= T I T L E  A M E N D M E N T ================
  885         And the title is amended as follows:
  886         Delete line 76
  887  and insert:
  888         changes made by the act; amending s. 310.002, F.S.;
  889  redefining the term “port” to include Port Citrus; amending s.
  890  311.09, F.S.; including a representative of Port Citrus as a
  891  member of the Florida Seaport Transportation and Economic
  892  Development Council; amending s. 316.075, F.S.; providing for
  893  minimum yellow light change interval times for traffic control
  894  devices; amending s. 316.0083, F.S.; prohibiting the issuance of
  895  a traffic citation for certain traffic light violations unless
  896  the light meets specified requirements; repealing s. 316.2045,
  897  F.S., relating to obstruction of public streets, highways, and
  898  roads; creating s. 316.2046, F.S., relating to obstruction of
  899  public streets, highways, and roads; providing legislative
  900  findings; defining the term “solicit”; requiring a permit in
  901  order to obstruct the use of any public street, highway, or road
  902  when that obstruction may endanger the safe movement of vehicles
  903  or pedestrians; requiring each county or municipality to adopt a
  904  permitting process that protects public safety but does not
  905  impair the rights of free speech; providing criteria for the
  906  permitting process; limiting the cost of the permit to the
  907  amount required to administer the permitting process;
  908  prohibiting the denial of a permit due to lack of funds, as
  909  attested to by a signed affidavit; providing for jurisdiction
  910  over non-limited access state roads, and local roads, streets,
  911  and highways for counties and municipalities; providing
  912  exceptions; providing that a violation of the act is a
  913  pedestrian violation, punishable under ch. 318, F.S.; providing
  914  for an additional fine; providing for the disposition of moneys
  915  collected; providing for enforcement by the Department of
  916  Highway Safety and Motor Vehicles and other law enforcement
  917  agencies; creating s. 316.2047, F.S., relating to panhandling;
  918  providing legislative findings; defining terms; prohibiting
  919  aggressive panhandling, panhandling under certain circumstances,
  920  and fraudulent panhandling; authorizing counties and
  921  municipalities to increase the restrictions on panhandling under
  922  certain conditions; providing that a violation of the act is a
  923  pedestrian violation, punishable under ch. 318, F.S.; providing
  924  for an additional fine; providing for the disposition of moneys
  925  collected; providing for enforcement by the Department of
  926  Highway Safety and Motor Vehicles and other law enforcement
  927  agencies; amending s. 316.302, F.S.; providing that certain
  928  restrictions on the number of consecutive hours that a
  929  commercial motor vehicle may operate do not apply to a farm
  930  labor vehicle operated during a state of emergency or during an
  931  emergency pertaining to agriculture; amending s. 334.044, F.S.;
  932  revising the types of transportation projects for which
  933  landscaping materials must be purchased; limiting the amount of
  934  funds that may be allocated for such purchases; amending s.
  935  337.406, F.S.; removing the Department of Transportation’s
  936  authority to provide exceptions to the unlawful use of the
  937  right-of-way of any state transportation facility; broadening
  938  provisions to prohibit the unlawful use of any limited access
  939  highway; removing an exception to prohibited uses provided for
  940  art festivals, parades, fairs, or other special events; removing
  941  a local government’s authority to issue certain permits;
  942  authorizing counties and municipalities to regulate the use of
  943  transportation facilities within their respective jurisdictions,
  944  with the exception of limited access highways; authorizing the
  945  Department of Transportation to regulate the use of welcome
  946  centers and rest stops; removing provisions authorizing valid
  947  peddler licensees to make sales from vehicles standing on the
  948  rights-of-way of welcome centers and rest stops; amending s.
  949  337.408,F.S., revising requirements for the installation of bus
  950  stop benches, transit shelters, street light poles, waste
  951  disposal receptacles, and modular news racks within the public
  952  rights-of-way; requiring compliance with the Americans With
  953  Disabilities Act; providing responsibilities for removal of
  954  noncompliant installations; amending s. 373.413, F.S.; providing
  955  legislative intent regarding flexibility in the permitting of
  956  stormwater management systems; requiring the cost of stormwater
  957  treatment for a transportation project to be balanced with
  958  benefits to the public; absolving the Department of
  959  Transportation of responsibility for the abatement of pollutants
  960  entering its stormwater facilities from offsite sources and from
  961  updating permits for adjacent lands impacted by right-of-way
  962  acquisition; authorizing the water management districts and the
  963  department to adopt rules; amending s. 373.4137, F.S.; revising
  964  mitigation requirements for transportation projects to include
  965  other nonspecified mitigation options; providing for the release
  966  of escrowed mitigation funds under certain circumstances;
  967  providing for the exclusion of projects from a mitigation plan
  968  upon the election of one or more agencies rather than the
  969  agreement of all parties; amending s. 374.976, F.S.; conforming
  970  provisions to include Port Citrus in provisions relating to the
  971  authority of inland navigation districts; amending s. 403.021,
  972  F.S.; conforming provisions to include Port Citrus in
  973  legislative declarations relating to environmental control;
  974  amending s. 403.061, F.S.; conforming provisions to include Port
  975  Citrus in provisions relating to powers of the Department of
  976  Environmental Protection; amending s. 403.813, F.S.; conforming
  977  provisions to include Port Citrus in provisions relating to
  978  permits issued at Department of Environmental Protection
  979  district centers; amending s. 403.816, F.S.; conforming
  980  provisions to include Port Citrus in provisions relating to
  981  certain maintenance projects at deepwater ports and beach
  982  restoration projects; providing an effective date.
  983  
  984         WHEREAS, the state has a significant and substantial
  985  interest in vehicular and pedestrian safety and the free flow of
  986  traffic, and
  987         WHEREAS, studies have shown that Florida is one of the most
  988  dangerous states in the country for pedestrians, and
  989         WHEREAS, while the streets may have been the natural and
  990  proper places for the public dissemination of information prior
  991  to the advent of the automobile, the streets, highways, and
  992  roads of this state are now used primarily for transportation,
  993  and
  994         WHEREAS, obstructing the flow of pedestrian traffic on a
  995  sidewalk can cause pedestrians to enter into the roadway and is
  996  a serious threat to public safety, and
  997         WHEREAS, the current permitting provisions curtail behavior
  998  only on sidewalks and streets, which is a danger to public
  999  safety, and
 1000         WHEREAS, the provisions of this act directed toward
 1001  ordinary panhandling are designed to promote public safety,
 1002  including minimizing panhandling in transit systems or in areas
 1003  where panhandling is likely to intimidate persons who are
 1004  solicited, and
 1005         WHEREAS, aggressive panhandling may obstruct the free flow
 1006  of traffic when carried out in or adjacent to a roadway, may
 1007  intimidate citizens who may choose to avoid certain public areas
 1008  or give money to panhandlers in order to avoid an escalation of
 1009  aggressive behavior, and generally threatens public safety and
 1010  diminishes the quality of life for residents and tourists alike,
 1011  and
 1012         WHEREAS, an important public purpose is served when the
 1013  public safety is protected in keeping with rights granted by the
 1014  First Amendment to the United States Constitution, NOW,
 1015  THEREFORE,
 1016  
 1017