Florida Senate - 2011                                    SB 1180
       
       
       
       By Senator Latvala
       
       
       
       
       16-01518A-11                                          20111180__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; providing that the Florida Statewide Passenger
    4         Rail Commission has the primary and exclusive
    5         authority to monitor certain designated functions
    6         related to passenger rail systems; removing from the
    7         Florida Transportation Commission the responsibility
    8         and duty to monitor the efficiency, productivity, and
    9         management of all publicly funded passenger rail
   10         systems in the state; amending s. 316.3025, F.S.;
   11         providing a uniform civil penalty for failure to
   12         possess a current, prescribed form of medical
   13         examiner’s certificate reflecting a driver’s physical
   14         qualification to drive a commercial motor vehicle;
   15         amending s. 334.03, F.S.; revising and repealing
   16         obsolete definitions in the Florida Transportation
   17         Code; amending s. 334.044, F.S.; revising the duties
   18         and powers of the Department of Transportation;
   19         amending s. 334.047, F.S.; repealing an obsolete
   20         provision prohibiting the department from establishing
   21         a maximum number of miles of urban principal arterial
   22         roads within a district or county;
   23         amending s. 336.021, F.S.; revising the date when
   24         imposition of the ninth-cent fuel tax will be levied;
   25         amending s. 336.025, F.S.; revising the date when
   26         imposition or rate charges of the local option fuel
   27         tax shall be levied; amending s. 337.111, F.S.;
   28         providing additional forms of security for the cost of
   29         removal of monuments or memorials or modifications to
   30         an installation site at highway rest areas; repealing
   31         s. 338.001, F.S., relating to the Florida Interstate
   32         Highway System Plan; amending s. 338.01, F.S.;
   33         clarifying provisions governing the designation and
   34         function of limited access facilities; amending s.
   35         338.227, F.S.; replacing a reference to the Florida
   36         Intrastate Highway System Plan with a reference to the
   37         Strategic Intermodal System Plan to provide for the
   38         participation of minority businesses in certain
   39         contracts related to the plan; amending ss. 338.2275
   40         and 338.228, F.S., relating to turnpike projects;
   41         revising cross-references; amending s. 338.234, F.S.;
   42         replacing a reference to the Florida Intrastate
   43         Highway System with a reference to the Strategic
   44         Intermodal System to exempt certain lessees from
   45         payment of commercial rental tax; amending s. 339.62,
   46         F.S.; replacing a reference to the Florida Intrastate
   47         Highway System with a reference to highway corridors
   48         to clarify the components of the Strategic Intermodal
   49         System; amending s. 339.63, F.S.; adding military
   50         access facilities to the types of facilities included
   51         in to the Strategic Intermodal System and the Emerging
   52         Strategic Intermodal System; amending s. 339.64, F.S.;
   53         deleting provisions creating the Statewide Intermodal
   54         Transportation Advisory Council; creating s. 339.65,
   55         F.S.; requiring the department to plan and develop for
   56         Strategic Intermodal System highway corridors to aid
   57         traffic movement around the state; requiring the
   58         department to follow specified policy guidelines when
   59         developing the corridors; directing the department to
   60         establish standards and criteria for functional
   61         designs of the highway system; providing for an
   62         appropriation for developing the corridor; requiring
   63         strategic highway projects to be a part of the
   64         department’s adopted work program; amending s.
   65         339.155, F.S.; providing a reference to federally
   66         required transportation planning factors; clarifying
   67         provisions relating to the Florida Transportation
   68         Plan; deleting certain duplicative performance
   69         reporting requirements: amending s. 341.840, F.S.;
   70         replacing references to the “Florida High Speed Rail
   71         Authority” with references to the “Florida Rail
   72         Enterprise” for purposes of a tax exemption; amending
   73         ss. 163.3180, 288.063, 311.07, 311.09, 316.2122,
   74         316.515, 336.01, 338.222, 341.8225, 479.01, 479.07,
   75         and 479.261, F.S.; conforming cross-references to
   76         changes made by the act; providing an effective date.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Paragraph (b) of subsection (3) of section
   81  20.23, Florida Statutes, is amended to read:
   82         20.23 Department of Transportation.—There is created a
   83  Department of Transportation which shall be a decentralized
   84  agency.
   85         (3) There is created the Florida Statewide Passenger Rail
   86  Commission.
   87         (b) The commission shall have the primary and exclusive
   88  functions of:
   89         1. Monitoring the efficiency, productivity, and management
   90  of all publicly funded passenger rail systems in the state,
   91  including, but not limited to, any authority created under
   92  chapter 343, chapter 349, or chapter 163 if the authority
   93  receives public funds for providing the provision of passenger
   94  rail service. The commission shall advise each monitored
   95  authority of its findings and recommendations. The commission
   96  shall also conduct periodic reviews of each monitored
   97  authority’s passenger rail and associated transit operations and
   98  budget, acquisition of property, management of revenue and bond
   99  proceeds, and compliance with applicable laws and generally
  100  accepted accounting principles. The commission may seek the
  101  assistance of the Auditor General in conducting such reviews and
  102  shall report the findings of such reviews to the Legislature.
  103  This paragraph does not preclude the Florida Transportation
  104  Commission from conducting its performance and work program
  105  monitoring responsibilities.
  106         2. Advising the department on policies and strategies used
  107  in planning, designing, building, operating, financing, and
  108  maintaining a coordinated statewide system of passenger rail
  109  services.
  110         3. Evaluating passenger rail policies and providing advice
  111  and recommendations to the Legislature on passenger rail
  112  operations in the state.
  113         Section 2. Paragraph (b) of subsection (3) of section
  114  316.3025, Florida Statutes, is amended to read:
  115         316.3025 Penalties.—
  116         (3)
  117         (b) A civil penalty of $100 may be assessed for:
  118         1. Each violation of the North American Uniform Driver Out
  119  of-Service Criteria;
  120         2. A violation of s. 316.302(2)(b) or (c);
  121         3. A violation of 49 C.F.R. s. 392.60; or
  122         4. A violation of 49 C.F.R. s. 391.41 or s. 391.43; or
  123         5.4. A violation of the North American Standard Vehicle
  124  Out-of-Service Criteria resulting from an inspection of a
  125  commercial motor vehicle involved in a crash.
  126         Section 3. Section 334.03, Florida Statutes, is amended to
  127  read:
  128         334.03 Definitions.—When used in the Florida Transportation
  129  Code, the term:
  130         (1) “Arterial road” means a route providing service which
  131  is relatively continuous and of relatively high traffic volume,
  132  long average trip length, high operating speed, and high
  133  mobility importance. In addition, every United States numbered
  134  highway is an arterial road.
  135         (1)(2) “Bridge” means a structure, including supports,
  136  erected over a depression or an obstruction, such as water or a
  137  highway or railway, and having a track or passageway for
  138  carrying traffic as defined in chapter 316 or other moving
  139  loads.
  140         (2)(3) “City street system” means all local roads within a
  141  municipality which were under the jurisdiction of the
  142  municipality on June 10, 1995; roads constructed by a
  143  municipality for the municipality’s street system; roads
  144  completely within an area annexed by a municipality, unless
  145  otherwise provided by mutual consent; and roads transferred to
  146  the municipality’s jurisdiction after June 10, 1995, by mutual
  147  consent with another governmental entity, but not including
  148  roads transferred from the municipality’s jurisdiction, and all
  149  collector roads inside that municipality, which are not in the
  150  county road system.
  151         (4) “Collector road” means a route providing service which
  152  is of relatively moderate average traffic volume, moderately
  153  average trip length, and moderately average operating speed.
  154  Such a route also collects and distributes traffic between local
  155  roads or arterial roads and serves as a linkage between land
  156  access and mobility needs.
  157         (3)(5) “Commissioners” means the governing body of a
  158  county.
  159         (4)(6) “Consolidated metropolitan statistical area” means
  160  two or more metropolitan statistical areas that are socially and
  161  economically interrelated as defined by the United States Bureau
  162  of the Census.
  163         (5)(7) “Controlled access facility” means a street or
  164  highway to which the right of access is highly regulated by the
  165  governmental entity having jurisdiction over the facility in
  166  order to maximize the operational efficiency and safety of the
  167  high-volume through traffic utilizing the facility. Owners or
  168  occupants of abutting lands and other persons have a right of
  169  access to or from such facility at such points only and in such
  170  manner as may be determined by the governmental entity.
  171         (6)(8) “County road system” means all roads within a county
  172  which were under the jurisdiction of that county on June 10,
  173  1995; roads constructed by a county for the county’s road
  174  system; and roads transferred to the county’s jurisdiction after
  175  June 10, 1995, by mutual consent with another governmental
  176  entity. The term does not include roads transferred from the
  177  county’s jurisdiction by mutual consent or roads that are
  178  completely within an area annexed by a municipality, except as
  179  otherwise provided by mutual consent collector roads in the
  180  unincorporated areas of a county and all extensions of such
  181  collector roads into and through any incorporated areas, all
  182  local roads in the unincorporated areas, and all urban minor
  183  arterial roads not in the State Highway System.
  184         (7)(9) “Department” means the Department of Transportation.
  185         (10) “Florida Intrastate Highway System” means a system of
  186  limited access and controlled access facilities on the State
  187  Highway System which have the capacity to provide high-speed and
  188  high-volume traffic movements in an efficient and safe manner.
  189         (8)(11) “Functional classification” means the assignment of
  190  roads into systems according to the character of service they
  191  provide in relation to the total road network, using procedures
  192  developed by the Federal Highway Administration. Basic
  193  functional categories include arterial roads, collector roads,
  194  and local roads which may be subdivided into principal, major,
  195  or minor levels. Those levels may be additionally divided into
  196  rural and urban categories.
  197         (9)(12) “Governmental entity” means a unit of government,
  198  or any officially designated public agency or authority of a
  199  unit of government, that has the responsibility for planning,
  200  construction, operation, or maintenance or jurisdiction over
  201  transportation facilities; the term includes the Federal
  202  Government, the state government, a county, an incorporated
  203  municipality, a metropolitan planning organization, an
  204  expressway or transportation authority, a road and bridge
  205  district, a special road and bridge district, and a regional
  206  governmental unit.
  207         (10)(13) “Limited access facility” means a street or
  208  highway especially designed for through traffic, and over, from,
  209  or to which owners or occupants of abutting land or other
  210  persons have no right or easement of access, light, air, or view
  211  by reason of the fact that their property abuts upon such
  212  limited access facility or for any other reason. Such highways
  213  or streets may be facilities from which trucks, buses, and other
  214  commercial vehicles are excluded; or they may be facilities open
  215  to use by all customary forms of street and highway traffic.
  216         (11)(14) “Local governmental entity” means a unit of
  217  government with less than statewide jurisdiction, or any
  218  officially designated public agency or authority of such a unit
  219  of government, that has the responsibility for planning,
  220  construction, operation, or maintenance of, or jurisdiction
  221  over, a transportation facility; the term includes, but is not
  222  limited to, a county, an incorporated municipality, a
  223  metropolitan planning organization, an expressway or
  224  transportation authority, a road and bridge district, a special
  225  road and bridge district, and a regional governmental unit.
  226         (15) “Local road” means a route providing service which is
  227  of relatively low average traffic volume, short average trip
  228  length or minimal through-traffic movements, and high land
  229  access for abutting property.
  230         (12)(16) “Metropolitan area” means a geographic region
  231  comprising as a minimum the existing urbanized area and the
  232  contiguous area projected to become urbanized within a 20-year
  233  forecast period. The boundaries of a metropolitan area may be
  234  designated so as to encompass a metropolitan statistical area or
  235  a consolidated metropolitan statistical area. If a metropolitan
  236  area, or any part thereof, is located within a nonattainment
  237  area, the boundaries of the metropolitan area must be designated
  238  so as to include the boundaries of the entire nonattainment
  239  area, unless otherwise provided by agreement between the
  240  applicable metropolitan planning organization and the Governor.
  241         (13)(17) “Metropolitan statistical area” means an area that
  242  includes a municipality of 50,000 persons or more, or an
  243  urbanized area of at least 50,000 persons as defined by the
  244  United States Bureau of the Census, provided that the component
  245  county or counties have a total population of at least 100,000.
  246         (14)(18) “Nonattainment area” means an area designated by
  247  the United States Environmental Protection Agency, pursuant to
  248  federal law, as exceeding national primary or secondary ambient
  249  air quality standards for the pollutants carbon monoxide or
  250  ozone.
  251         (15)(19) “Periodic maintenance” means activities that are
  252  large in scope and require a major work effort to restore
  253  deteriorated components of the transportation system to a safe
  254  and serviceable condition, including, but not limited to, the
  255  repair of large bridge structures, major repairs to bridges and
  256  bridge systems, and the mineral sealing of lengthy sections of
  257  roadway.
  258         (16)(20) “Person” means any person described in s. 1.01 or
  259  any unit of government in or outside the state.
  260         (17)(21) “Right of access” means the right of ingress to a
  261  highway from abutting land and egress from a highway to abutting
  262  land.
  263         (18)(22) “Right-of-way” means land in which the state, the
  264  department, a county, or a municipality owns the fee or has an
  265  easement devoted to or required for use as a transportation
  266  facility.
  267         (19)(23) “Road” means a way open to travel by the public,
  268  including, but not limited to, a street, highway, or alley. The
  269  term includes associated sidewalks, the roadbed, the right-of
  270  way, and all culverts, drains, sluices, ditches, water storage
  271  areas, waterways, embankments, slopes, retaining walls, bridges,
  272  tunnels, and viaducts necessary for the maintenance of travel
  273  and all ferries used in connection therewith.
  274         (20)(24) “Routine maintenance” means minor repairs and
  275  associated tasks necessary to maintain a safe and efficient
  276  transportation system. The term includes: pavement patching;
  277  shoulder repair; cleaning and repair of drainage ditches,
  278  traffic signs, and structures; mowing; bridge inspection and
  279  maintenance; pavement striping; litter cleanup; and other
  280  similar activities.
  281         (21)(25) “State Highway System” means the following, which
  282  shall be facilities to which access is regulated:
  283         (a) the interstate system and all other roads within the
  284  state which were under the jurisdiction of the state on June 10,
  285  1995, and roads constructed by an agency of the state for the
  286  State Highway System, plus roads transferred to the state’s
  287  jurisdiction after that date by mutual consent with another
  288  governmental entity, but not including roads so transferred from
  289  the state’s jurisdiction. These facilities shall be facilities
  290  to which access is regulated.;
  291         (b) All rural arterial routes and their extensions into and
  292  through urban areas;
  293         (c) All urban principal arterial routes; and
  294         (d) The urban minor arterial mileage on the existing State
  295  Highway System as of July 1, 1987, plus additional mileage to
  296  comply with the 2-percent requirement as described below.
  297  
  298  However, not less than 2 percent of the public road mileage of
  299  each urbanized area on record as of June 30, 1986, shall be
  300  included as minor arterials in the State Highway System.
  301  Urbanized areas not meeting the foregoing minimum requirement
  302  shall have transferred to the State Highway System additional
  303  minor arterials of the highest significance in which case the
  304  total minor arterials in the State Highway System from any
  305  urbanized area shall not exceed 2.5 percent of that area’s total
  306  public urban road mileage.
  307         (22)(26) “State Park Road System” means roads embraced
  308  within the boundaries of state parks and state roads leading to
  309  state parks, other than roads of the State Highway System, the
  310  county road systems, or the city street systems.
  311         (23)(27) “State road” means a street, road, highway, or
  312  other way open to travel by the public generally and dedicated
  313  to the public use according to law or by prescription and
  314  designated by the department, as provided by law, as part of the
  315  State Highway System.
  316         (24)(28) “Structure” means a bridge, viaduct, tunnel,
  317  causeway, approach, ferry slip, culvert, toll plaza, gate, or
  318  other similar facility used in connection with a transportation
  319  facility.
  320         (25)(29) “Sufficiency rating” means the objective rating of
  321  a road or section of a road for the purpose of determining its
  322  capability to serve properly the actual or anticipated volume of
  323  traffic using the road.
  324         (26)(30) “Transportation corridor” means any land area
  325  designated by the state, a county, or a municipality which is
  326  between two geographic points and which area is used or suitable
  327  for the movement of people and goods by one or more modes of
  328  transportation, including areas necessary for management of
  329  access and securing applicable approvals and permits.
  330  Transportation corridors shall contain, but are not limited to,
  331  the following:
  332         (a) Existing publicly owned rights-of-way;
  333         (b) All property or property interests necessary for future
  334  transportation facilities, including rights of access, air,
  335  view, and light, whether public or private, for the purpose of
  336  securing and utilizing future transportation rights-of-way,
  337  including, but not limited to, any lands reasonably necessary
  338  now or in the future for securing applicable approvals and
  339  permits, borrow pits, drainage ditches, water retention areas,
  340  rest areas, replacement access for landowners whose access could
  341  be impaired due to the construction of a future facility, and
  342  replacement rights-of-way for relocation of rail and utility
  343  facilities.
  344         (27)(31) “Transportation facility” means any means for the
  345  transportation of people or property from place to place which
  346  is constructed, operated, or maintained in whole or in part from
  347  public funds. The term includes the property or property rights,
  348  both real and personal, which have been or may be established by
  349  public bodies for the transportation of people or property from
  350  place to place.
  351         (28)(32) “Urban area” means a geographic region comprising
  352  as a minimum the area inside the United States Bureau of the
  353  Census boundary of an urban place with a population of 5,000 or
  354  more persons, expanded to include adjacent developed areas as
  355  provided for by Federal Highway Administration regulations.
  356         (33) “Urban minor arterial road” means a route that
  357  generally interconnects with and augments an urban principal
  358  arterial road and provides service to trips of shorter length
  359  and a lower level of travel mobility. The term includes all
  360  arterials not classified as “principal” and contain facilities
  361  that place more emphasis on land access than the higher system.
  362         (29)(34) “Urban place” means a geographic region composed
  363  of one or more contiguous census tracts that have been found by
  364  the United States Bureau of the Census to contain a population
  365  density of at least 1,000 persons per square mile.
  366         (35) “Urban principal arterial road” means a route that
  367  generally serves the major centers of activity of an urban area,
  368  the highest traffic volume corridors, and the longest trip
  369  purpose and carries a high proportion of the total urban area
  370  travel on a minimum of mileage. Such roads are integrated, both
  371  internally and between major rural connections.
  372         (30)(36) “Urbanized area” means a geographic region
  373  comprising as a minimum the area inside an urban place of 50,000
  374  or more persons, as designated by the United States Bureau of
  375  the Census, expanded to include adjacent developed areas as
  376  provided for by Federal Highway Administration regulations.
  377  Urban areas with a population of fewer than 50,000 persons which
  378  are located within the expanded boundary of an urbanized area
  379  are not separately recognized.
  380         (31)(37) “511” or “511 services” means three-digit
  381  telecommunications dialing to access interactive voice response
  382  telephone traveler information services provided in the state as
  383  defined by the Federal Communications Commission in FCC Order
  384  No. 00-256, July 31, 2000.
  385         (32)(38) “Interactive voice response” means a software
  386  application that accepts a combination of voice telephone input
  387  and touch-tone keypad selection and provides appropriate
  388  responses in the form of voice, fax, callback, e-mail, and other
  389  media.
  390         Section 4. Subsections (11) and (13) of section 334.044,
  391  Florida Statutes, are amended to read:
  392         334.044 Department; powers and duties.—The department shall
  393  have the following general powers and duties:
  394         (11) To establish a numbering system for public roads, and
  395  to functionally classify such roads, and to assign
  396  jurisdictional responsibility.
  397         (13) To designate existing and to plan proposed
  398  transportation facilities as part of the State Highway System,
  399  and to construct, maintain, and operate such facilities.
  400         Section 5. Section 334.047, Florida Statutes, is amended to
  401  read:
  402         334.047 Prohibition.—Notwithstanding any other provision of
  403  law to the contrary, the Department of Transportation may not
  404  establish a cap on the number of miles in the State Highway
  405  System or a maximum number of miles of urban principal arterial
  406  roads, as defined in s. 334.03, within a district or county.
  407         Section 6. Subsection (5) of section 336.021, Florida
  408  Statutes, is amended to read:
  409         336.021 County transportation system; levy of ninth-cent
  410  fuel tax on motor fuel and diesel fuel.—
  411         (5) All impositions of the tax shall be levied before
  412  October 1 July 1 of each year to be effective January 1 of the
  413  following year. However, levies of the tax which were in effect
  414  on July 1, 2002, and which expire on August 31 of any year may
  415  be reimposed at the current authorized rate to be effective
  416  September 1 of the year of expiration. All impositions shall be
  417  required to end on December 31 of a year. A decision to rescind
  418  the tax shall not take effect on any date other than December 31
  419  and shall require a minimum of 60 days’ notice to the department
  420  of such decision.
  421         Section 7. Paragraphs (a) and (b) of subsection (1) of
  422  section 336.025, Florida Statutes, are amended to read:
  423         336.025 County transportation system; levy of local option
  424  fuel tax on motor fuel and diesel fuel.—
  425         (1)(a) In addition to other taxes allowed by law, there may
  426  be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
  427  cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
  428  fuel tax upon every gallon of motor fuel and diesel fuel sold in
  429  a county and taxed under the provisions of part I or part II of
  430  chapter 206.
  431         1. All impositions and rate changes of the tax shall be
  432  levied before October 1 July 1 to be effective January 1 of the
  433  following year for a period not to exceed 30 years, and the
  434  applicable method of distribution shall be established pursuant
  435  to subsection (3) or subsection (4). However, levies of the tax
  436  which were in effect on July 1, 2002, and which expire on August
  437  31 of any year may be reimposed at the current authorized rate
  438  effective September 1 of the year of expiration. Upon
  439  expiration, the tax may be relevied provided that a
  440  redetermination of the method of distribution is made as
  441  provided in this section.
  442         2. County and municipal governments shall utilize moneys
  443  received pursuant to this paragraph only for transportation
  444  expenditures.
  445         3. Any tax levied pursuant to this paragraph may be
  446  extended on a majority vote of the governing body of the county.
  447  A redetermination of the method of distribution shall be
  448  established pursuant to subsection (3) or subsection (4), if,
  449  after July 1, 1986, the tax is extended or the tax rate changed,
  450  for the period of extension or for the additional tax.
  451         (b) In addition to other taxes allowed by law, there may be
  452  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  453  4-cent, or 5-cent local option fuel tax upon every gallon of
  454  motor fuel sold in a county and taxed under the provisions of
  455  part I of chapter 206. The tax shall be levied by an ordinance
  456  adopted by a majority plus one vote of the membership of the
  457  governing body of the county or by referendum.
  458         1. All impositions and rate changes of the tax shall be
  459  levied before October 1 July 1, to be effective January 1 of the
  460  following year. However, levies of the tax which were in effect
  461  on July 1, 2002, and which expire on August 31 of any year may
  462  be reimposed at the current authorized rate effective September
  463  1 of the year of expiration.
  464         2. The county may, prior to levy of the tax, establish by
  465  interlocal agreement with one or more municipalities located
  466  therein, representing a majority of the population of the
  467  incorporated area within the county, a distribution formula for
  468  dividing the entire proceeds of the tax among county government
  469  and all eligible municipalities within the county. If no
  470  interlocal agreement is adopted before the effective date of the
  471  tax, tax revenues shall be distributed pursuant to the
  472  provisions of subsection (4). If no interlocal agreement exists,
  473  a new interlocal agreement may be established prior to June 1 of
  474  any year pursuant to this subparagraph. However, any interlocal
  475  agreement agreed to under this subparagraph after the initial
  476  levy of the tax or change in the tax rate authorized in this
  477  section shall under no circumstances materially or adversely
  478  affect the rights of holders of outstanding bonds which are
  479  backed by taxes authorized by this paragraph, and the amounts
  480  distributed to the county government and each municipality shall
  481  not be reduced below the amount necessary for the payment of
  482  principal and interest and reserves for principal and interest
  483  as required under the covenants of any bond resolution
  484  outstanding on the date of establishment of the new interlocal
  485  agreement.
  486         3. County and municipal governments shall use moneys
  487  received pursuant to this paragraph for transportation
  488  expenditures needed to meet the requirements of the capital
  489  improvements element of an adopted comprehensive plan or for
  490  expenditures needed to meet immediate local transportation
  491  problems and for other transportation-related expenditures that
  492  are critical for building comprehensive roadway networks by
  493  local governments. For purposes of this paragraph, expenditures
  494  for the construction of new roads, the reconstruction or
  495  resurfacing of existing paved roads, or the paving of existing
  496  graded roads shall be deemed to increase capacity and such
  497  projects shall be included in the capital improvements element
  498  of an adopted comprehensive plan. Expenditures for purposes of
  499  this paragraph shall not include routine maintenance of roads.
  500         Section 8. Subsection (4) of section 337.111, Florida
  501  Statutes, is amended to read:
  502         337.111 Contracting for monuments and memorials to military
  503  veterans at rest areas.—The Department of Transportation is
  504  authorized to enter into contract with any not-for-profit group
  505  or organization that has been operating for not less than 2
  506  years for the installation of monuments and memorials honoring
  507  Florida’s military veterans at highway rest areas around the
  508  state pursuant to the provisions of this section.
  509         (4) The group or organization making the proposal shall
  510  provide a 10-year bond, an annual renewable bond, an irrevocable
  511  letter of credit, or other form of security as approved by the
  512  department’s comptroller, for the purpose of securing the cost
  513  of removal of the monument and any modifications made to the
  514  site as part of the placement of the monument should the
  515  Department of Transportation determine it necessary to remove or
  516  relocate the monument. Such removal or relocation shall be
  517  approved by the committee described in subsection (1). Prior to
  518  expiration, the bond shall be renewed for another 10-year period
  519  if the memorial is to remain in place.
  520         Section 9. Section 338.001, Florida Statutes, is repealed.
  521         Section 10. Present subsections (1) through (6) of section
  522  338.01, Florida Statutes, are renumbered as subsections (2)
  523  through (7), respectively, and new subsection (1) is added to
  524  that section, to read:
  525         338.01 Authority to establish and regulate limited access
  526  facilities.—
  527         (1) The department is authorized to establish limited
  528  access facilities as provided in s. 335.02. The primary function
  529  of these limited access facilities is to allow high-speed and
  530  high-volume traffic movements within the state. Access to
  531  abutting land is subordinate to this function, and such access
  532  must be prohibited or highly regulated.
  533         Section 11. Subsection (4) of section 338.227, Florida
  534  Statutes, is amended to read:
  535         338.227 Turnpike revenue bonds.—
  536         (4) The Department of Transportation and the Department of
  537  Management Services shall create and implement an outreach
  538  program designed to enhance the participation of minority
  539  persons and minority business enterprises in all contracts
  540  entered into by their respective departments for services
  541  related to the financing of department projects for the
  542  Strategic Intermodal System Plan developed pursuant to s. 339.64
  543  Florida Intrastate Highway System Plan. These services shall
  544  include, but not be limited to, bond counsel and bond
  545  underwriters.
  546         Section 12. Subsection (2) of section 338.2275, Florida
  547  Statutes, is amended to read:
  548         338.2275 Approved turnpike projects.—
  549         (2) The department is authorized to use turnpike revenues,
  550  the State Transportation Trust Fund moneys allocated for
  551  turnpike projects pursuant to s. 339.65 s. 338.001, federal
  552  funds, and bond proceeds, and shall use the most cost-efficient
  553  combination of such funds, in developing a financial plan for
  554  funding turnpike projects. The department must submit a report
  555  of the estimated cost for each ongoing turnpike project and for
  556  each planned project to the Legislature 14 days before the
  557  convening of the regular legislative session. Verification of
  558  economic feasibility and statements of environmental feasibility
  559  for individual turnpike projects must be based on the entire
  560  project as approved. Statements of environmental feasibility are
  561  not required for those projects listed in s. 12, chapter 90-136,
  562  Laws of Florida, for which the Project Development and
  563  Environmental Reports were completed by July 1, 1990. All
  564  required environmental permits must be obtained before the
  565  department may advertise for bids for contracts for the
  566  construction of any turnpike project.
  567         Section 13. Section 338.228, Florida Statutes, is amended
  568  to read:
  569         338.228 Bonds not debts or pledges of credit of state.
  570  Turnpike revenue bonds issued under the provisions of ss.
  571  338.22-338.241 are not debts of the state or pledges of the
  572  faith and credit of the state. Such bonds are payable
  573  exclusively from revenues pledged for their payment. All such
  574  bonds shall contain a statement on their face that the state is
  575  not obligated to pay the same or the interest thereon, except
  576  from the revenues pledged for their payment, and that the faith
  577  and credit of the state is not pledged to the payment of the
  578  principal or interest of such bonds. The issuance of turnpike
  579  revenue bonds under the provisions of ss. 338.22-338.241 does
  580  not directly, indirectly, or contingently obligate the state to
  581  levy or to pledge any form of taxation whatsoever, or to make
  582  any appropriation for their payment. Except as provided in ss.
  583  338.001, 338.223, and 338.2275, and 339.65, no state funds may
  584  not shall be used on any turnpike project or to pay the
  585  principal or interest of any bonds issued to finance or
  586  refinance any portion of the turnpike system, and all such bonds
  587  shall contain a statement on their face to this effect.
  588         Section 14. Subsection (2) of section 338.234, Florida
  589  Statutes, is amended to read:
  590         338.234 Granting concessions or selling along the turnpike
  591  system; immunity from taxation.—
  592         (2) The effectuation of the authorized purposes of the
  593  Strategic Intermodal System, created under ss. 339.61-339.65,
  594  Florida Intrastate Highway System and Florida Turnpike
  595  Enterprise, created under this chapter, is for the benefit of
  596  the people of the state, for the increase of their commerce and
  597  prosperity, and for the improvement of their health and living
  598  conditions; and, because the system and enterprise perform
  599  essential government functions in effectuating such purposes,
  600  neither the turnpike enterprise nor any nongovernment lessee or
  601  licensee renting, leasing, or licensing real property from the
  602  turnpike enterprise, pursuant to an agreement authorized by this
  603  section, are required to pay any commercial rental tax imposed
  604  under s. 212.031 on any capital improvements constructed,
  605  improved, acquired, installed, or used for such purposes.
  606         Section 15. Section 339.62, Florida Statutes, is amended to
  607  read:
  608         339.62 System components.—The Strategic Intermodal System
  609  shall consist of appropriate components of:
  610         (1) Highway corridors The Florida Intrastate Highway System
  611  established under s. 339.65 s. 338.001.
  612         (2) The National Highway System.
  613         (3) Airport, seaport, and spaceport facilities.
  614         (4) Rail lines and rail facilities.
  615         (5) Selected intermodal facilities; passenger and freight
  616  terminals; and appropriate components of the State Highway
  617  System, county road system, city street system, inland
  618  waterways, and local public transit systems that serve as
  619  existing or planned connectors between the components listed in
  620  subsections (1)-(4).
  621         (6) Other existing or planned corridors that serve a
  622  statewide or interregional purpose.
  623         Section 16. Subsection (2) of section 339.63, Florida
  624  Statutes, is amended to read:
  625         339.63 System facilities designated; additions and
  626  deletions.—
  627         (2) The Strategic Intermodal System and the Emerging
  628  Strategic Intermodal System include four three different types
  629  of facilities that each form one component of an interconnected
  630  transportation system which types include:
  631         (a) Existing or planned hubs that are ports and terminals
  632  including airports, seaports, spaceports, passenger terminals,
  633  and rail terminals serving to move goods or people between
  634  Florida regions or between Florida and other markets in the
  635  United States and the rest of the world;
  636         (b) Existing or planned corridors that are highways, rail
  637  lines, waterways, and other exclusive-use facilities connecting
  638  major markets within Florida or between Florida and other states
  639  or nations; and
  640         (c) Existing or planned intermodal connectors that are
  641  highways, rail lines, waterways or local public transit systems
  642  serving as connectors between the components listed in
  643  paragraphs (a) and (b); and
  644         (d) Existing or planned military access facilities that are
  645  highways or rail lines linking Strategic Intermodal System
  646  corridors to the state’s strategic military installations.
  647         Section 17. Section 339.64, Florida Statutes, is amended to
  648  read:
  649         339.64 Strategic Intermodal System Plan.—
  650         (1) The department shall develop, in cooperation with
  651  metropolitan planning organizations, regional planning councils,
  652  local governments, the Statewide Intermodal Transportation
  653  Advisory Council and other transportation providers, a Strategic
  654  Intermodal System Plan. The plan shall be consistent with the
  655  Florida Transportation Plan developed pursuant to s. 339.155 and
  656  shall be updated at least once every 5 years, subsequent to
  657  updates of the Florida Transportation Plan.
  658         (2) In association with the continued development of the
  659  Strategic Intermodal System Plan, the Florida Transportation
  660  Commission, as part of its work program review process, shall
  661  conduct an annual assessment of the progress that the department
  662  and its transportation partners have made in realizing the goals
  663  of economic development, improved mobility, and increased
  664  intermodal connectivity of the Strategic Intermodal System. The
  665  Florida Transportation Commission shall coordinate with the
  666  department, the Statewide Intermodal Transportation Advisory
  667  Council, and other appropriate entities when developing this
  668  assessment. The Florida Transportation Commission shall deliver
  669  a report to the Governor and Legislature no later than 14 days
  670  after the regular session begins, with recommendations as
  671  necessary to fully implement the Strategic Intermodal System.
  672         (3)(a) During the development of updates to the Strategic
  673  Intermodal System Plan, the department shall provide
  674  metropolitan planning organizations, regional planning councils,
  675  local governments, transportation providers, affected public
  676  agencies, and citizens with an opportunity to participate in and
  677  comment on the development of the update.
  678         (b) The department also shall coordinate with federal,
  679  regional, and local partners the planning for the Strategic
  680  Highway Network and the Strategic Rail Corridor Network
  681  transportation facilities that either are included in the
  682  Strategic Intermodal System or that provide a direct connection
  683  between military installations and the Strategic Intermodal
  684  System. In addition, the department shall coordinate with
  685  regional and local partners to determine whether the road and
  686  other transportation infrastructure that connect military
  687  installations to the Strategic Intermodal System, the Strategic
  688  Highway Network, or the Strategic Rail Corridor is regionally
  689  significant and should be included in the Strategic Intermodal
  690  System Plan.
  691         (4) The Strategic Intermodal System Plan shall include the
  692  following:
  693         (a) A needs assessment.
  694         (b) A project prioritization process.
  695         (c) A map of facilities designated as Strategic Intermodal
  696  System facilities; facilities that are emerging in importance
  697  and that are likely to become part of the system in the future;
  698  and planned facilities that will meet the established criteria.
  699         (d) A finance plan based on reasonable projections of
  700  anticipated revenues, including both 10-year and at least 20
  701  year cost-feasible components.
  702         (e) An assessment of the impacts of proposed improvements
  703  to Strategic Intermodal System corridors on military
  704  installations that are either located directly on the Strategic
  705  Intermodal System or located on the Strategic Highway Network or
  706  Strategic Rail Corridor Network.
  707         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
  708         (a) The Statewide Intermodal Transportation Advisory
  709  Council is created to advise and make recommendations to the
  710  Legislature and the department on policies, planning, and
  711  funding of intermodal transportation projects. The council’s
  712  responsibilities shall include:
  713         1. Advising the department on the policies, planning, and
  714  implementation of strategies related to intermodal
  715  transportation.
  716         2. Providing advice and recommendations to the Legislature
  717  on funding for projects to move goods and people in the most
  718  efficient and effective manner for the State of Florida.
  719         (b) MEMBERSHIP.—Members of the Statewide Intermodal
  720  Transportation Advisory Council shall consist of the following:
  721         1. Six intermodal industry representatives selected by the
  722  Governor as follows:
  723         a. One representative from an airport involved in the
  724  movement of freight and people from their airport facility to
  725  another transportation mode.
  726         b. One individual representing a fixed-route, local
  727  government transit system.
  728         c. One representative from an intercity bus company
  729  providing regularly scheduled bus travel as determined by
  730  federal regulations.
  731         d. One representative from a spaceport.
  732         e. One representative from intermodal trucking companies.
  733         f. One representative having command responsibilities of a
  734  major military installation.
  735         2. Three intermodal industry representatives selected by
  736  the President of the Senate as follows:
  737         a. One representative from major-line railroads.
  738         b. One representative from seaports listed in s. 311.09(1)
  739  from the Atlantic Coast.
  740         c. One representative from an airport involved in the
  741  movement of freight and people from their airport facility to
  742  another transportation mode.
  743         3. Three intermodal industry representatives selected by
  744  the Speaker of the House of Representatives as follows:
  745         a. One representative from short-line railroads.
  746         b. One representative from seaports listed in s. 311.09(1)
  747  from the Gulf Coast.
  748         c. One representative from intermodal trucking companies.
  749  In no event may this representative be employed by the same
  750  company that employs the intermodal trucking company
  751  representative selected by the Governor.
  752         (c) Initial appointments to the council must be made no
  753  later than 30 days after the effective date of this section.
  754         1. The initial appointments made by the President of the
  755  Senate and the Speaker of the House of Representatives shall
  756  serve terms concurrent with those of the respective appointing
  757  officer. Beginning January 15, 2005, and for all subsequent
  758  appointments, council members appointed by the President of the
  759  Senate and the Speaker of the House of Representatives shall
  760  serve 2-year terms, concurrent with the term of the respective
  761  appointing officer.
  762         2. The initial appointees, and all subsequent appointees,
  763  made by the Governor shall serve 2-year terms.
  764         3. Vacancies on the council shall be filled in the same
  765  manner as the initial appointments.
  766         (d) Each member of the council shall be allowed one vote.
  767  The council shall select a chair from among its membership.
  768  Meetings shall be held at the call of the chair, but not less
  769  frequently than quarterly. The members of the council shall be
  770  reimbursed for per diem and travel expenses as provided in s.
  771  112.061.
  772         (e) The department shall provide administrative staff
  773  support and shall ensure that council meetings are
  774  electronically recorded. Such recordings and all documents
  775  received, prepared for, or used by the council in conducting its
  776  business shall be preserved pursuant to chapters 119 and 257.
  777         Section 18. Section 339.65, Florida Statutes, is created to
  778  read:
  779         339.65Strategic Intermodal System highway corridors.—
  780         (1) The department shall plan and develop Strategic
  781  Intermodal System highway corridors, including limited and
  782  controlled access facilities, allowing for high-speed and high
  783  volume traffic movements within the state. The primary function
  784  of these corridors is to provide for such traffic movements.
  785  Access to abutting land is subordinate to this function, and
  786  such access must be prohibited or highly regulated.
  787         (2) Strategic Intermodal System highway corridors shall
  788  include facilities from the following components of the State
  789  Highway System which meet the criteria adopted by the department
  790  pursuant to s. 339.63:
  791         (a) Interstate highways.
  792         (b) The Florida Turnpike System.
  793         (c) Interregional and intercity limited access facilities.
  794         (d) Existing interregional and intercity arterial highways
  795  previously upgraded or upgraded in the future to limited access
  796  or controlled access facility standards.
  797         (e) New limited access facilities necessary to complete a
  798  balanced statewide system.
  799         (3) The department shall adhere to the following policy
  800  guidelines in the development of Strategic Intermodal System
  801  highway corridors:
  802         (a) Make capacity improvements to existing facilities where
  803  feasible to minimize costs and environmental impacts.
  804         (b) Identify appropriate arterial highways in major
  805  transportation corridors for inclusion in a program to bring
  806  these facilities up to limited access or controlled access
  807  facility standards.
  808         (c) Coordinate proposed projects with appropriate limited
  809  access projects undertaken by expressway authorities and local
  810  governmental entities.
  811         (d) Maximize the use of limited access facility standards
  812  when constructing new arterial highways.
  813         (e) Identify appropriate new limited access highways for
  814  inclusion as a part of the Florida Turnpike System.
  815         (f) To the maximum extent feasible, ensure that proposed
  816  projects are consistent with approved local government
  817  comprehensive plans of the local jurisdictions in which such
  818  facilities are to be located and with the transportation
  819  improvement program of any metropolitan planning organization in
  820  which such facilities are to be located.
  821         (4) The department shall develop and maintain a plan of
  822  Strategic Intermodal System highway corridor projects that are
  823  anticipated to be let to contract for construction within a time
  824  period of at least 20 years. The plan shall also identify when
  825  segments of the corridor will meet the standards and criteria
  826  developed pursuant to subsection (5).
  827         (5) The department shall establish the standards and
  828  criteria for the functional characteristics and design of
  829  facilities proposed as part of Strategic Intermodal System
  830  highway corridors.
  831         (6) For the purposes of developing the proposed Strategic
  832  Intermodal System highway corridors, the minimum amount
  833  allocated each fiscal year shall be based on the 2003-2004
  834  fiscal year allocation of $450 million, adjusted annually by the
  835  change in the Consumer Price Index for the prior fiscal year
  836  compared to the Consumer Price Index for the 2003-2004 fiscal
  837  year.
  838         (7) Any project to be constructed as part of a Strategic
  839  Intermodal System highway corridor shall be included in the
  840  department’s adopted work program. Any Strategic Intermodal
  841  System highway corridor projects that are added to or deleted
  842  from the previous adopted work program, or any modification to
  843  Strategic Intermodal System highway corridor projects contained
  844  in the previous adopted work program, shall be specifically
  845  identified and submitted as a separate part of the tentative
  846  work program.
  847         Section 19. Section 339.155, Florida Statutes, is amended
  848  to read:
  849         339.155 Transportation planning.—
  850         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
  851  develop and annually update a statewide transportation plan, to
  852  be known as the Florida Transportation Plan. The plan shall be
  853  designed so as to be easily read and understood by the general
  854  public. The purpose of the Florida Transportation Plan is to
  855  establish and define the state’s long-range transportation goals
  856  and objectives to be accomplished over a period of at least 20
  857  years within the context of the State Comprehensive Plan, and
  858  any other statutory mandates and authorizations and based upon
  859  the prevailing principles of: preserving the existing
  860  transportation infrastructure; enhancing Florida’s economic
  861  competitiveness; and improving travel choices to ensure
  862  mobility. The Florida Transportation Plan shall consider the
  863  needs of the entire state transportation system and examine the
  864  use of all modes of transportation to effectively and
  865  efficiently meet such needs.
  866         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
  867  out a transportation planning process in conformance with s.
  868  334.046(1) and 23 U.S.C. s. 135 which provides for consideration
  869  of projects and strategies that will:
  870         (a) Support the economic vitality of the United States,
  871  Florida, and the metropolitan areas, especially by enabling
  872  global competitiveness, productivity, and efficiency;
  873         (b) Increase the safety and security of the transportation
  874  system for motorized and nonmotorized users;
  875         (c) Increase the accessibility and mobility options
  876  available to people and for freight;
  877         (d) Protect and enhance the environment, promote energy
  878  conservation, and improve quality of life;
  879         (e) Enhance the integration and connectivity of the
  880  transportation system, across and between modes throughout
  881  Florida, for people and freight;
  882         (f) Promote efficient system management and operation; and
  883         (g) Emphasize the preservation of the existing
  884  transportation system.
  885         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
  886  Transportation Plan shall be a unified, concise planning
  887  document that clearly defines the state’s long-range
  888  transportation goals and objectives and documents the
  889  department’s short-range objectives developed to further such
  890  goals and objectives. The plan shall:
  891         (a) Include a glossary that clearly and succinctly defines
  892  any and all phrases, words, or terms of art included in the
  893  plan, with which the general public may be unfamiliar. and shall
  894  consist of, at a minimum, the following components:
  895         (b)(a)Document A long-range component documenting the
  896  goals and long-term objectives necessary to implement the
  897  results of the department consistent with department’s findings
  898  from its examination of the criteria listed in subsection (2)
  899  and s. 334.046(1) and s. 23 U.S.C. s. 135. The long-range
  900  component must
  901         (c) Be developed in cooperation with the metropolitan
  902  planning organizations and reconciled, to the maximum extent
  903  feasible, with the long-range plans developed by metropolitan
  904  planning organizations pursuant to s. 339.175. The plan must
  905  also
  906         (d) Be developed in consultation with affected local
  907  officials in nonmetropolitan areas and with any affected Indian
  908  tribal governments. The plan must provide
  909         (e) Provide an examination of transportation issues likely
  910  to arise during at least a 20-year period. The long-range
  911  component shall
  912         (f) Be updated at least once every 5 years, or more often
  913  as necessary, to reflect substantive changes to federal or state
  914  law.
  915         (b) A short-range component documenting the short-term
  916  objectives and strategies necessary to implement the goals and
  917  long-term objectives contained in the long-range component. The
  918  short-range component must define the relationship between the
  919  long-range goals and the short-range objectives, specify those
  920  objectives against which the department’s achievement of such
  921  goals will be measured, and identify transportation strategies
  922  necessary to efficiently achieve the goals and objectives in the
  923  plan. It must provide a policy framework within which the
  924  department’s legislative budget request, the strategic
  925  information resource management plan, and the work program are
  926  developed. The short-range component shall serve as the
  927  department’s annual agency strategic plan pursuant to s.
  928  186.021. The short-range component shall be developed consistent
  929  with available and forecasted state and federal funds. The
  930  short-range component shall also be submitted to the Florida
  931  Transportation Commission.
  932         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
  933  an annual performance report evaluating the operation of the
  934  department for the preceding fiscal year. The report shall also
  935  include a summary of the financial operations of the department
  936  and shall annually evaluate how well the adopted work program
  937  meets the short-term objectives contained in the short-range
  938  component of the Florida Transportation Plan. This performance
  939  report shall be submitted to the Florida Transportation
  940  Commission and the legislative appropriations and transportation
  941  committees.
  942         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
  943         (a) Upon request by local governmental entities, the
  944  department may in its discretion develop and design
  945  transportation corridors, arterial and collector streets,
  946  vehicular parking areas, and other support facilities which are
  947  consistent with the plans of the department for major
  948  transportation facilities. The department may render to local
  949  governmental entities or their planning agencies such technical
  950  assistance and services as are necessary so that local plans and
  951  facilities are coordinated with the plans and facilities of the
  952  department.
  953         (b) Each regional planning council, as provided for in s.
  954  186.504, or any successor agency thereto, shall develop, as an
  955  element of its strategic regional policy plan, transportation
  956  goals and policies. The transportation goals and policies must
  957  be prioritized to comply with the prevailing principles provided
  958  in subsection (2) and s. 334.046(1). The transportation goals
  959  and policies shall be consistent, to the maximum extent
  960  feasible, with the goals and policies of the metropolitan
  961  planning organization and the Florida Transportation Plan. The
  962  transportation goals and policies of the regional planning
  963  council will be advisory only and shall be submitted to the
  964  department and any affected metropolitan planning organization
  965  for their consideration and comments. Metropolitan planning
  966  organization plans and other local transportation plans shall be
  967  developed consistent, to the maximum extent feasible, with the
  968  regional transportation goals and policies. The regional
  969  planning council shall review urbanized area transportation
  970  plans and any other planning products stipulated in s. 339.175
  971  and provide the department and respective metropolitan planning
  972  organizations with written recommendations which the department
  973  and the metropolitan planning organizations shall take under
  974  advisement. Further, the regional planning councils shall
  975  directly assist local governments which are not part of a
  976  metropolitan area transportation planning process in the
  977  development of the transportation element of their comprehensive
  978  plans as required by s. 163.3177.
  979         (c) Regional transportation plans may be developed in
  980  regional transportation areas in accordance with an interlocal
  981  agreement entered into pursuant to s. 163.01 by two or more
  982  contiguous metropolitan planning organizations; one or more
  983  metropolitan planning organizations and one or more contiguous
  984  counties, none of which is a member of a metropolitan planning
  985  organization; a multicounty regional transportation authority
  986  created by or pursuant to law; two or more contiguous counties
  987  that are not members of a metropolitan planning organization; or
  988  metropolitan planning organizations comprised of three or more
  989  counties.
  990         (d) The interlocal agreement must, at a minimum, identify
  991  the entity that will coordinate the development of the regional
  992  transportation plan; delineate the boundaries of the regional
  993  transportation area; provide the duration of the agreement and
  994  specify how the agreement may be terminated, modified, or
  995  rescinded; describe the process by which the regional
  996  transportation plan will be developed; and provide how members
  997  of the entity will resolve disagreements regarding
  998  interpretation of the interlocal agreement or disputes relating
  999  to the development or content of the regional transportation
 1000  plan. Such interlocal agreement shall become effective upon its
 1001  recordation in the official public records of each county in the
 1002  regional transportation area.
 1003         (e) The regional transportation plan developed pursuant to
 1004  this section must, at a minimum, identify regionally significant
 1005  transportation facilities located within a regional
 1006  transportation area and contain a prioritized list of regionally
 1007  significant projects. The level-of-service standards for
 1008  facilities to be funded under this subsection shall be adopted
 1009  by the appropriate local government in accordance with s.
 1010  163.3180(10). The projects shall be adopted into the capital
 1011  improvements schedule of the local government comprehensive plan
 1012  pursuant to s. 163.3177(3).
 1013         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
 1014  TRANSPORTATION PLANNING.—
 1015         (a) During the development of the long-range component of
 1016  the Florida Transportation Plan and prior to substantive
 1017  revisions, the department shall provide citizens, affected
 1018  public agencies, representatives of transportation agency
 1019  employees, other affected employee representatives, private
 1020  providers of transportation, and other known interested parties
 1021  with an opportunity to comment on the proposed plan or
 1022  revisions. These opportunities shall include, at a minimum,
 1023  publishing a notice in the Florida Administrative Weekly and
 1024  within a newspaper of general circulation within the area of
 1025  each department district office.
 1026         (b) During development of major transportation
 1027  improvements, such as those increasing the capacity of a
 1028  facility through the addition of new lanes or providing new
 1029  access to a limited or controlled access facility or
 1030  construction of a facility in a new location, the department
 1031  shall hold one or more hearings prior to the selection of the
 1032  facility to be provided; prior to the selection of the site or
 1033  corridor of the proposed facility; and prior to the selection of
 1034  and commitment to a specific design proposal for the proposed
 1035  facility. Such public hearings shall be conducted so as to
 1036  provide an opportunity for effective participation by interested
 1037  persons in the process of transportation planning and site and
 1038  route selection and in the specific location and design of
 1039  transportation facilities. The various factors involved in the
 1040  decision or decisions and any alternative proposals shall be
 1041  clearly presented so that the persons attending the hearing may
 1042  present their views relating to the decision or decisions which
 1043  will be made.
 1044         (c) Opportunity for design hearings:
 1045         1. The department, prior to holding a design hearing, shall
 1046  duly notify all affected property owners of record, as recorded
 1047  in the property appraiser’s office, by mail at least 20 days
 1048  prior to the date set for the hearing. The affected property
 1049  owners shall be:
 1050         a. Those whose property lies in whole or in part within 300
 1051  feet on either side of the centerline of the proposed facility.
 1052         b. Those whom the department determines will be
 1053  substantially affected environmentally, economically, socially,
 1054  or safetywise.
 1055         2. For each subsequent hearing, the department shall
 1056  publish notice prior to the hearing date in a newspaper of
 1057  general circulation for the area affected. These notices must be
 1058  published twice, with the first notice appearing at least 15
 1059  days, but no later than 30 days, before the hearing.
 1060         3. A copy of the notice of opportunity for the hearing must
 1061  be furnished to the United States Department of Transportation
 1062  and to the appropriate departments of the state government at
 1063  the time of publication.
 1064         4. The opportunity for another hearing shall be afforded in
 1065  any case when proposed locations or designs are so changed from
 1066  those presented in the notices specified above or at a hearing
 1067  as to have a substantially different social, economic, or
 1068  environmental effect.
 1069         5. The opportunity for a hearing shall be afforded in each
 1070  case in which the department is in doubt as to whether a hearing
 1071  is required.
 1072         Section 20. Section 341.840, Florida Statutes, is amended
 1073  to read:
 1074         341.840 Tax exemption.—
 1075         (1) The exercise of the powers granted by this act will be
 1076  in all respects for the benefit of the people of this state, for
 1077  the increase of their commerce, welfare, and prosperity, and for
 1078  the improvement of their health and living conditions. The
 1079  design, construction, operation, maintenance, and financing of a
 1080  high-speed rail system by the enterprise authority, its agent,
 1081  or the owner or lessee thereof, as herein authorized,
 1082  constitutes the performance of an essential public function.
 1083         (2)(a) For the purposes of this section, the term
 1084  “enterprise” “authority” does not include agents of the
 1085  enterprise authority other than contractors who qualify as such
 1086  pursuant to subsection (7).
 1087         (b) For the purposes of this section, any item or property
 1088  that is within the definition of “associated development” in s.
 1089  341.8203(1) is shall not be considered to be part of the high
 1090  speed rail system as defined in s. 341.8203(6).
 1091         (3)(a) Purchases or leases of tangible personal property or
 1092  real property by the enterprise authority, excluding agents of
 1093  the enterprise authority, are exempt from taxes imposed by
 1094  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 1095  tangible personal property that is incorporated into the high
 1096  speed rail system as a component part thereof, as determined by
 1097  the enterprise authority, by agents of the enterprise authority
 1098  or the owner of the high-speed rail system are exempt from sales
 1099  or use taxes imposed by chapter 212. Leases, rentals, or
 1100  licenses to use real property granted to agents of the
 1101  enterprise authority or the owner of the high-speed rail system
 1102  are exempt from taxes imposed by s. 212.031 if the real property
 1103  becomes part of such system. The exemptions granted in this
 1104  subsection do not apply to sales, leases, or licenses by the
 1105  enterprise authority, agents of the enterprise authority, or the
 1106  owner of the high-speed rail system.
 1107         (b) The exemption granted in paragraph (a) to purchases or
 1108  leases of tangible personal property by agents of the enterprise
 1109  authority or by the owner of the high-speed rail system applies
 1110  only to property that becomes a component part of such system.
 1111  It does not apply to items, including, but not limited to,
 1112  cranes, bulldozers, forklifts, other machinery and equipment,
 1113  tools and supplies, or other items of tangible personal property
 1114  used in the construction, operation, or maintenance of the high
 1115  speed rail system when such items are not incorporated into the
 1116  high-speed rail system as a component part thereof.
 1117         (4) Any bonds or other security, and all notes, mortgages,
 1118  security agreements, letters of credit, or other instruments
 1119  that arise out of or are given to secure the repayment of bonds
 1120  or other security, issued by the enterprise authority, or on
 1121  behalf of the enterprise authority, their transfer, and the
 1122  income therefrom, including any profit made on the sale thereof,
 1123  shall at all times be free from taxation of every kind by the
 1124  state, the counties, and the municipalities and other political
 1125  subdivisions in the state. This subsection, however, does not
 1126  exempt from taxation or assessment the leasehold interest of a
 1127  lessee in any project or any other property or interest owned by
 1128  the lessee. The exemption granted by this subsection is not
 1129  applicable to any tax imposed by chapter 220 on interest income
 1130  or profits on the sale of debt obligations owned by
 1131  corporations.
 1132         (5) When property of the enterprise authority is leased to
 1133  another person or entity, the property shall be exempt from ad
 1134  valorem taxation only if the use by the lessee qualifies the
 1135  property for exemption under s. 196.199.
 1136         (6) A leasehold interest held by the enterprise authority
 1137  is not subject to intangible tax. However, if a leasehold
 1138  interest held by the enterprise authority is subleased to a
 1139  nongovernmental lessee, such subleasehold interest shall be
 1140  deemed to be an interest described in s. 199.023(1)(d), Florida
 1141  Statutes 2005, and is subject to the intangible tax.
 1142         (7)(a) In order to be considered an agent of the enterprise
 1143  authority for purposes of the exemption from sales and use tax
 1144  granted by subsection (3) for tangible personal property
 1145  incorporated into the high-speed rail system, a contractor of
 1146  the enterprise authority that purchases or fabricates such
 1147  tangible personal property must be certified by the authority as
 1148  provided in this subsection.
 1149         (b)1. A contractor must apply for a renewal of the
 1150  exemption not later than December 1 of each calendar year.
 1151         2. A contractor must apply to the enterprise authority on
 1152  the application form adopted by the enterprise authority, which
 1153  shall develop the form in consultation with the Department of
 1154  Revenue.
 1155         3. The enterprise authority shall review each submitted
 1156  application and determine whether it is complete. The enterprise
 1157  authority shall notify the applicant of any deficiencies in the
 1158  application within 30 days. Upon receipt of a completed
 1159  application, the enterprise authority shall evaluate the
 1160  application for exemption under this subsection and issue a
 1161  certification that the contractor is qualified to act as an
 1162  agent of the enterprise authority for purposes of this section
 1163  or a denial of such certification within 30 days. The enterprise
 1164  authority shall provide the Department of Revenue with a copy of
 1165  each certification issued upon approval of an application. Upon
 1166  receipt of a certification from the authority, the Department of
 1167  Revenue shall issue an exemption permit to the contractor.
 1168         (c)1. The contractor may extend a copy of its exemption
 1169  permit to its vendors in lieu of paying sales tax on purchases
 1170  of tangible personal property qualifying for exemption under
 1171  this section. Possession of a copy of the exemption permit
 1172  relieves the seller of the responsibility of collecting tax on
 1173  the sale, and the Department of Revenue shall look solely to the
 1174  contractor for recovery of tax upon a determination that the
 1175  contractor was not entitled to the exemption.
 1176         2. The contractor may extend a copy of its exemption permit
 1177  to real property subcontractors supplying and installing
 1178  tangible personal property that is exempt under subsection (3).
 1179  Any such subcontractor is authorized to extend a copy of the
 1180  permit to the subcontractor’s vendors in order to purchase
 1181  qualifying tangible personal property tax-exempt. If the
 1182  subcontractor uses the exemption permit to purchase tangible
 1183  personal property that is determined not to qualify for
 1184  exemption under subsection (3), the Department of Revenue may
 1185  assess and collect any tax, penalties, and interest that are due
 1186  from either the contractor holding the exemption permit or the
 1187  subcontractor that extended the exemption permit to the seller.
 1188         (d) Any contractor authorized to act as an agent of the
 1189  enterprise authority under this section shall maintain the
 1190  necessary books and records to document the exempt status of
 1191  purchases and fabrication costs made or incurred under the
 1192  permit. In addition, an authorized contractor extending its
 1193  exemption permit to its subcontractors shall maintain a copy of
 1194  the subcontractor’s books, records, and invoices indicating all
 1195  purchases made by the subcontractor under the authorized
 1196  contractor’s permit. If, in an audit conducted by the Department
 1197  of Revenue, it is determined that tangible personal property
 1198  purchased or fabricated claiming exemption under this section
 1199  does not meet the criteria for exemption, the amount of taxes
 1200  not paid at the time of purchase or fabrication shall be
 1201  immediately due and payable to the Department of Revenue,
 1202  together with the appropriate interest and penalty, computed
 1203  from the date of purchase, in the manner prescribed by chapter
 1204  212.
 1205         (e) If a contractor fails to apply for a high-speed rail
 1206  system exemption permit, or if a contractor initially determined
 1207  by the enterprise authority to not qualify for exemption is
 1208  subsequently determined to be eligible, the contractor shall
 1209  receive the benefit of the exemption in this subsection through
 1210  a refund of previously paid taxes for transactions that
 1211  otherwise would have been exempt. A refund may not be made for
 1212  such taxes without the issuance of a certification by the
 1213  enterprise authority that the contractor was authorized to make
 1214  purchases tax-exempt and a determination by the Department of
 1215  Revenue that the purchases qualified for the exemption.
 1216         (f) The enterprise authority may adopt rules governing the
 1217  application process for exemption of a contractor as an
 1218  authorized agent of the enterprise authority.
 1219         (g) The Department of Revenue may adopt rules governing the
 1220  issuance and form of high-speed rail system exemption permits,
 1221  the audit of contractors and subcontractors using such permits,
 1222  the recapture of taxes on nonqualified purchases, and the manner
 1223  and form of refund applications.
 1224         Section 21. Paragraph (a) of subsection (12) of section
 1225  163.3180, Florida Statutes, is amended to read:
 1226         163.3180 Concurrency.—
 1227         (12)(a) A development of regional impact may satisfy the
 1228  transportation concurrency requirements of the local
 1229  comprehensive plan, the local government’s concurrency
 1230  management system, and s. 380.06 by payment of a proportionate
 1231  share contribution for local and regionally significant traffic
 1232  impacts, if:
 1233         1. The development of regional impact which, based on its
 1234  location or mix of land uses, is designed to encourage
 1235  pedestrian or other nonautomotive modes of transportation;
 1236         2. The proportionate-share contribution for local and
 1237  regionally significant traffic impacts is sufficient to pay for
 1238  one or more required mobility improvements that will benefit a
 1239  regionally significant transportation facility;
 1240         3. The owner and developer of the development of regional
 1241  impact pays or assures payment of the proportionate-share
 1242  contribution; and
 1243         4. If the regionally significant transportation facility to
 1244  be constructed or improved is under the maintenance authority of
 1245  a governmental entity, as defined by s. 334.03(9) s. 334.03(12),
 1246  other than the local government with jurisdiction over the
 1247  development of regional impact, the developer is required to
 1248  enter into a binding and legally enforceable commitment to
 1249  transfer funds to the governmental entity having maintenance
 1250  authority or to otherwise assure construction or improvement of
 1251  the facility.
 1252  
 1253  The proportionate-share contribution may be applied to any
 1254  transportation facility to satisfy the provisions of this
 1255  subsection and the local comprehensive plan, but, for the
 1256  purposes of this subsection, the amount of the proportionate
 1257  share contribution shall be calculated based upon the cumulative
 1258  number of trips from the proposed development expected to reach
 1259  roadways during the peak hour from the complete buildout of a
 1260  stage or phase being approved, divided by the change in the peak
 1261  hour maximum service volume of roadways resulting from
 1262  construction of an improvement necessary to maintain the adopted
 1263  level of service, multiplied by the construction cost, at the
 1264  time of developer payment, of the improvement necessary to
 1265  maintain the adopted level of service. For purposes of this
 1266  subsection, “construction cost” includes all associated costs of
 1267  the improvement. Proportionate-share mitigation shall be limited
 1268  to ensure that a development of regional impact meeting the
 1269  requirements of this subsection mitigates its impact on the
 1270  transportation system but is not responsible for the additional
 1271  cost of reducing or eliminating backlogs. This subsection also
 1272  applies to Florida Quality Developments pursuant to s. 380.061
 1273  and to detailed specific area plans implementing optional sector
 1274  plans pursuant to s. 163.3245.
 1275         Section 22. Subsection (3) of section 288.063, Florida
 1276  Statutes, is amended to read:
 1277         288.063 Contracts for transportation projects.—
 1278         (3) With respect to any contract executed pursuant to this
 1279  section, the term “transportation project” means a
 1280  transportation facility as defined in s. 334.03(27) s.
 1281  334.03(31) which is necessary in the judgment of the Office of
 1282  Tourism, Trade, and Economic Development to facilitate the
 1283  economic development and growth of the state. Except for
 1284  applications received prior to July 1, 1996, such transportation
 1285  projects shall be approved only as a consideration to attract
 1286  new employment opportunities to the state or expand or retain
 1287  employment in existing companies operating within the state, or
 1288  to allow for the construction or expansion of a state or federal
 1289  correctional facility in a county with a population of 75,000 or
 1290  less that creates new employment opportunities or expands or
 1291  retains employment in the county. The Office of Tourism, Trade,
 1292  and Economic Development shall institute procedures to ensure
 1293  that small and minority businesses have equal access to funding
 1294  provided under this section. Funding for approved transportation
 1295  projects may include any expenses, other than administrative
 1296  costs and equipment purchases specified in the contract,
 1297  necessary for new, or improvement to existing, transportation
 1298  facilities. Funds made available pursuant to this section may
 1299  not be expended in connection with the relocation of a business
 1300  from one community to another community in this state unless the
 1301  Office of Tourism, Trade, and Economic Development determines
 1302  that without such relocation the business will move outside this
 1303  state or determines that the business has a compelling economic
 1304  rationale for the relocation which creates additional jobs.
 1305  Subject to appropriation for projects under this section, any
 1306  appropriation greater than $10 million shall be allocated to
 1307  each of the districts of the Department of Transportation to
 1308  ensure equitable geographical distribution. Such allocated funds
 1309  that remain uncommitted by the third quarter of the fiscal year
 1310  shall be reallocated among the districts based on pending
 1311  project requests.
 1312         Section 23. Paragraph (b) of subsection (3) of section
 1313  311.07, Florida Statutes, is amended to read:
 1314         311.07 Florida seaport transportation and economic
 1315  development funding.—
 1316         (3)
 1317         (b) Projects eligible for funding by grants under the
 1318  program are limited to the following port facilities or port
 1319  transportation projects:
 1320         1. Transportation facilities within the jurisdiction of the
 1321  port.
 1322         2. The dredging or deepening of channels, turning basins,
 1323  or harbors.
 1324         3. The construction or rehabilitation of wharves, docks,
 1325  structures, jetties, piers, storage facilities, cruise
 1326  terminals, automated people mover systems, or any facilities
 1327  necessary or useful in connection with any of the foregoing.
 1328         4. The acquisition of vessel tracking systems, container
 1329  cranes, or other mechanized equipment used in the movement of
 1330  cargo or passengers in international commerce.
 1331         5. The acquisition of land to be used for port purposes.
 1332         6. The acquisition, improvement, enlargement, or extension
 1333  of existing port facilities.
 1334         7. Environmental protection projects which are necessary
 1335  because of requirements imposed by a state agency as a condition
 1336  of a permit or other form of state approval; which are necessary
 1337  for environmental mitigation required as a condition of a state,
 1338  federal, or local environmental permit; which are necessary for
 1339  the acquisition of spoil disposal sites and improvements to
 1340  existing and future spoil sites; or which result from the
 1341  funding of eligible projects listed in this paragraph.
 1342         8. Transportation facilities as defined in s. 334.03(27) s.
 1343  334.03(31) which are not otherwise part of the Department of
 1344  Transportation’s adopted work program.
 1345         9. Seaport intermodal access projects identified in the 5
 1346  year Florida Seaport Mission Plan as provided in s. 311.09(3).
 1347         10. Construction or rehabilitation of port facilities as
 1348  defined in s. 315.02, excluding any park or recreational
 1349  facilities, in ports listed in s. 311.09(1) with operating
 1350  revenues of $5 million or less, provided that such projects
 1351  create economic development opportunities, capital improvements,
 1352  and positive financial returns to such ports.
 1353         Section 24. Subsection (7) of section 311.09, Florida
 1354  Statutes, is amended to read:
 1355         311.09 Florida Seaport Transportation and Economic
 1356  Development Council.—
 1357         (7) The Department of Transportation shall review the list
 1358  of projects approved by the council for consistency with the
 1359  Florida Transportation Plan and the department’s adopted work
 1360  program. In evaluating the consistency of a project, the
 1361  department shall determine whether the transportation impact of
 1362  the proposed project is adequately handled by existing state
 1363  owned transportation facilities or by the construction of
 1364  additional state-owned transportation facilities as identified
 1365  in the Florida Transportation Plan and the department’s adopted
 1366  work program. In reviewing for consistency a transportation
 1367  facility project as defined in s. 334.03(27) s. 334.03(31) which
 1368  is not otherwise part of the department’s work program, the
 1369  department shall evaluate whether the project is needed to
 1370  provide for projected movement of cargo or passengers from the
 1371  port to a state transportation facility or local road. If the
 1372  project is needed to provide for projected movement of cargo or
 1373  passengers, the project shall be approved for consistency as a
 1374  consideration to facilitate the economic development and growth
 1375  of the state in a timely manner. The Department of
 1376  Transportation shall identify those projects which are
 1377  inconsistent with the Florida Transportation Plan and the
 1378  adopted work program and shall notify the council of projects
 1379  found to be inconsistent.
 1380         Section 25. Section 316.2122, Florida Statutes, is amended
 1381  to read:
 1382         316.2122 Operation of a low-speed vehicle or mini truck on
 1383  certain roadways.—The operation of a low-speed vehicle as
 1384  defined in s. 320.01(42) or a mini truck as defined in s.
 1385  320.01(45) on any road as defined in s. 334.03(15) or (33) is
 1386  authorized with the following restrictions:
 1387         (1) A low-speed vehicle or mini truck may be operated only
 1388  on streets where the posted speed limit is 35 miles per hour or
 1389  less. This does not prohibit a low-speed vehicle or mini truck
 1390  from crossing a road or street at an intersection where the road
 1391  or street has a posted speed limit of more than 35 miles per
 1392  hour.
 1393         (2) A low-speed vehicle must be equipped with headlamps,
 1394  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 1395  parking brakes, rearview mirrors, windshields, seat belts, and
 1396  vehicle identification numbers.
 1397         (3) A low-speed vehicle or mini truck must be registered
 1398  and insured in accordance with s. 320.02 and titled pursuant to
 1399  chapter 319.
 1400         (4) Any person operating a low-speed vehicle or mini truck
 1401  must have in his or her possession a valid driver’s license.
 1402         (5) A county or municipality may prohibit the operation of
 1403  low-speed vehicles or mini trucks on any road under its
 1404  jurisdiction if the governing body of the county or municipality
 1405  determines that such prohibition is necessary in the interest of
 1406  safety.
 1407         (6) The Department of Transportation may prohibit the
 1408  operation of low-speed vehicles or mini trucks on any road under
 1409  its jurisdiction if it determines that such prohibition is
 1410  necessary in the interest of safety.
 1411         Section 26. Paragraph (c) of subsection (5) of section
 1412  316.515, Florida Statutes, is amended to read:
 1413         316.515 Maximum width, height, length.—
 1414         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
 1415  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
 1416         (c) The width and height limitations of this section do not
 1417  apply to farming or agricultural equipment, whether self
 1418  propelled, pulled, or hauled, when temporarily operated during
 1419  daylight hours upon a public road that is not a limited access
 1420  facility as defined in s. 334.03(10) s. 334.03(13), and the
 1421  width and height limitations may be exceeded by such equipment
 1422  without a permit. To be eligible for this exemption, the
 1423  equipment shall be operated within a radius of 50 miles of the
 1424  real property owned, rented, or leased by the equipment owner.
 1425  However, equipment being delivered by a dealer to a purchaser is
 1426  not subject to the 50-mile limitation. Farming or agricultural
 1427  equipment greater than 174 inches in width must have one warning
 1428  lamp mounted on each side of the equipment to denote the width
 1429  and must have a slow-moving vehicle sign. Warning lamps required
 1430  by this paragraph must be visible from the front and rear of the
 1431  vehicle and must be visible from a distance of at least 1,000
 1432  feet.
 1433         Section 27. Section 336.01, Florida Statutes, is amended to
 1434  read:
 1435         336.01 Designation of county road system.—The county road
 1436  system shall be as defined in s. 334.03(6) s. 334.03(8).
 1437         Section 28. Section 338.222, Florida Statutes, is amended
 1438  to read:
 1439         338.222 Department of Transportation sole governmental
 1440  entity to acquire, construct, or operate turnpike projects;
 1441  exception.—
 1442         (1) No governmental entity other than the department may
 1443  acquire, construct, maintain, or operate the turnpike system
 1444  subsequent to the enactment of this law, except upon specific
 1445  authorization of the Legislature.
 1446         (2) The department may contract with any local governmental
 1447  entity as defined in s. 334.03(11) s. 334.03(14) for the design,
 1448  right-of-way acquisition, or construction of any turnpike
 1449  project which the Legislature has approved. Local governmental
 1450  entities may negotiate with the department for the design,
 1451  right-of-way acquisition, and construction of any section of the
 1452  turnpike project within areas of their respective jurisdictions
 1453  or within counties with which they have interlocal agreements.
 1454         Section 29. Section 341.8225, Florida Statutes, is amended
 1455  to read:
 1456         341.8225 Department of Transportation sole governmental
 1457  entity to acquire, construct, or operate high-speed rail
 1458  projects; exception.—
 1459         (1) No governmental entity other than the department may
 1460  acquire, construct, maintain, or operate the high-speed rail
 1461  system except upon specific authorization of the Legislature.
 1462         (2) Local governmental entities, as defined in s.
 1463  334.03(11) s. 334.03(14), may negotiate with the department for
 1464  the design, right-of-way acquisition, and construction of any
 1465  component of the high-speed rail system within areas of their
 1466  respective jurisdictions or within counties with which they have
 1467  interlocal agreements.
 1468         Section 30. Subsection (27) of section 479.01, Florida
 1469  Statutes, is amended to read:
 1470         479.01 Definitions.—As used in this chapter, the term:
 1471         (27) “Urban area” has the same meaning as defined in s.
 1472  334.03(28) s. 334.03(29).
 1473         Section 31. Subsection (1) of section 479.07, Florida
 1474  Statutes, is amended to read:
 1475         479.07 Sign permits.—
 1476         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
 1477  person may not erect, operate, use, or maintain, or cause to be
 1478  erected, operated, used, or maintained, any sign on the State
 1479  Highway System outside an urban area, as defined in s.
 1480  334.03(28) s. 334.03(32), or on any portion of the interstate or
 1481  federal-aid primary highway system without first obtaining a
 1482  permit for the sign from the department and paying the annual
 1483  fee as provided in this section. As used in this section, the
 1484  term “on any portion of the State Highway System, interstate, or
 1485  federal-aid primary system” means a sign located within the
 1486  controlled area which is visible from any portion of the main
 1487  traveled way of such system.
 1488         Section 32. Subsection (5) of section 479.261, Florida
 1489  Statutes, is amended to read:
 1490         479.261 Logo sign program.—
 1491         (5) At a minimum, permit fees for businesses that
 1492  participate in the program must be established in an amount
 1493  sufficient to offset the total cost to the department for the
 1494  program, including contract costs. The department shall provide
 1495  the services in the most efficient and cost-effective manner
 1496  through department staff or by contracting for some or all of
 1497  the services. The department shall adopt rules that set
 1498  reasonable rates based upon factors such as population, traffic
 1499  volume, market demand, and costs for annual permit fees.
 1500  However, annual permit fees for sign locations inside an urban
 1501  area, as defined in s. 334.03(28) s. 334.03(32), may not exceed
 1502  $3,500, and annual permit fees for sign locations outside an
 1503  urban area, as defined in s. 334.03(28) s. 334.03(32), may not
 1504  exceed $2,000. After recovering program costs, the proceeds from
 1505  the annual permit fees shall be deposited into the State
 1506  Transportation Trust Fund and used for transportation purposes.
 1507         Section 33. This act shall take effect July 1, 2011.