CS/HB 1363

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 316.302, F.S.; exempting operators of farm
4	labor vehicles from certain safety regulations under
5	certain circumstances; amending s. 316.3025, F.S.;
6	providing a civil penalty for violation of specified
7	federal requirements relating to a driver's physical
8	qualification to drive a commercial motor vehicle;
9	amending s. 334.03, F.S.; revising definitions for
10	purposes of the Florida Transportation Code; amending s.
11	334.044, F.S.; revising the powers and duties of the
12	department relating to jurisdictional responsibility and
13	designating facilities; amending s. 334.047, F.S.;
14	repealing a provision prohibiting the department from
15	establishing a maximum number of miles of urban principal
16	arterial roads within a district or county; amending s.
17	336.021, F.S.; revising the date when imposition of the
18	ninth-cent fuel tax is to be levied; amending s. 336.025,
19	F.S.; revising the dates when impositions or rate changes
20	of the local option fuel tax are to be levied and when
21	counties must notify the Department of Revenue of such
22	rates or rate changes; revising the definition of
23	"transportation expenditures"; amending s. 337.111, F.S.;
24	providing additional forms of security for the cost of
25	removal of monuments or memorials or modifications to an
26	installation site at highway rest areas; removing a
27	provision requiring renewal of a bond; amending ss.
28	337.403 and 337.404, F.S.; revising provisions for
29	alleviation of interference with a public road or
30	publically owned rail corridor caused by a utility
31	facility; requiring the utility owner to initiate and
32	complete the work necessary within a certain time period;
33	providing for notice to the utility; revising provisions
34	for payment of costs; revising provisions for completion
35	of work when the utility owner does not perform the work;
36	amending s. 337.408, F.S.; revising provisions for certain
37	facilities installed within the right-of-way limits of
38	roads; requiring counties and municipalities to indemnify
39	the department from certain claims relating to the
40	installation, removal, or relocation of a noncompliant
41	bench or shelter; authorizing the department to direct a
42	county or municipality to remove or relocate a bus stop,
43	bench, transit shelter, waste disposal receptacle, public
44	pay telephone, or modular news rack that is not in
45	compliance with applicable laws or rules; directing the
46	department to remove or relocate such installation and
47	charge the cost to the county or municipality; authorizing
48	the department to deduct the cost from funding available
49	to the municipality or county from the department;
50	removing a provision for the replacement of an unusable
51	transit bus bench that was in service before a certain
52	date; revising the title of chapter 338, F.S.; repealing
53	s. 338.001, F.S., relating to provisions for the Florida
54	Intrastate Highway System Plan; amending s. 338.01, F.S.;
55	including authority of the department in provisions for
56	the establishment limited access facilities; amending s.
57	339.155, F.S.; revising provisions for statewide
58	transportation planning by the department; providing for
59	federally required transportation planning factors;
60	revising provisions for the Florida Transportation Plan;
61	removing certain reporting requirements; revising
62	requirements for public participation in the planning
63	process; amending s. 339.63, F.S.; providing for inclusion
64	of certain access facilities in the Strategic Intermodal
65	System and the Emerging Strategic Intermodal System;
66	amending s. 339.64, F.S.; revising provisions for
67	development of the Strategic Intermodal System Plan;
68	removing the Statewide Intermodal Transportation Advisory
69	Council; creating s. 339.65, F.S.; providing for the
70	department to plan and develop Strategic Intermodal System
71	highway corridors; providing for allocations of funds on a
72	specified basis; providing for corridor projects to be
73	included in the department's adopted work program and
74	changes to be a separate part of the tentative work
75	program; creating s. 479.075, F.S.; defining the terms
76	"sign" and "sign permit fee"; establishing limitations on
77	fees charged for sign permits; requiring a fee schedule to
78	be based on actual costs; designating Edna S. Hargrett-
79	Thrower Avenue in Orange County; designating SP4 Thomas
80	Berry Corbin Memorial Highway and U.S. Navy BMC Samuel
81	Calhoun Chavous, Jr. Memorial Highway in Dixie County;
82	designating Marine Lance Corporal Brian R. Buesing
83	Memorial Highway, United States Army Sergeant Karl A.
84	Campbell Memorial Highway, and U.S. Army SPC James A. Page
85	Memorial Highway in Levy County; designating Veterans
86	Memorial Highway in Putnam County; designating Ben G.
87	Watts Highway in Washington County; designating Mardi Gras
88	Way, West Park Boulevard, and Pembroke Park Boulevard in
89	Broward County; designating Stark Memorial Drive and Duval
90	County Law Enforcement Memorial Overpass in Duval County;
91	designating Verna Bell Way in Nassau County; designating
92	Deputy Hal P. Croft and Deputy Ronald Jackson Memorial
93	Highway in Union County; designating Dr. Oscar Elias
94	Biscet Boulevard in Miami-Dade County; designating Alma
95	Lee Loy Bridge in Indian River County; amending ss. 24 and
96	45, ch. 2010-230, Laws of Florida; revising the
97	designation for Miss Lillie Williams Boulevard and Father
98	Gerard Jean-Juste Street in Miami-Dade County; directing
99	the Department of Transportation to erect suitable
100	markers; amending ss. 163.3180, 288.063, 311.07, 311.09,
101	316.2122, 336.01, 338.222, 338.223, 338.2275, 338.228,
102	339.2819, 339.285, 341.8225, 479.01, 479.07, and 479.261,
103	F.S., relating to transportation concurrency, contracts,
104	port facilities, Florida Seaport Transportation and
105	Economic Development Council, low-speed vehicles and mini
106	trucks, the county road system, turnpike projects, revenue
107	bonds, Transportation Regional Incentive Program, Enhanced
108	Bridge Program for Sustainable Transportation, high-speed
109	rail projects, outdoor advertising, sign permits, and the
110	Logo sign program, respectively; revising cross-
111	references; amending ss. 163.3187, 318.12, 335.02,
112	338.227, 338.234, 339.62, 341.053, and 403.7211, F.S.,
113	relating to comprehensive plans, traffic infractions,
114	standards for lanes, services related to the financing of
115	projects, concessions along the turnpike, components of
116	the Strategic Intermodal System, Intermodal Development
117	Program, and hazardous waste facilities, respectively;
118	revising references to conform to the incorporation of the
119	Florida Intrastate Highway System into the Strategic
120	Intermodal System and to changes made by the act;
121	providing an effective date.
122
123	Be It Enacted by the Legislature of the State of Florida:
124
125	Section 1.  Paragraph (b) of subsection (2) of section
126	316.302, Florida Statutes, is amended to read:
127	316.302  Commercial motor vehicles; safety regulations;
128	transporters and shippers of hazardous materials; enforcement.-
129	(2)
130	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
131	operates a commercial motor vehicle solely in intrastate
132	commerce not transporting any hazardous material in amounts that
133	require placarding pursuant to 49 C.F.R. part 172 may not drive:
134	1.  More than 12 hours following 10 consecutive hours off
135	duty; or
136	2.  For any period after the end of the 16th hour after
137	coming on duty following 10 consecutive hours off duty.
138
139	The provisions of This paragraph does do not apply to operators
140	of farm labor vehicles during a state of emergency declared by
141	the Governor or under s. 570.07(21) or to drivers of utility
142	service vehicles as defined in 49 C.F.R. s. 395.2.
143	Section 2.  Paragraph (b) of subsection (3) of section
144	316.3025, Florida Statutes, is amended to read:
145	316.3025  Penalties.-
146	(3)
147	(b)  A civil penalty of $100 may be assessed for:
148	1.  Each violation of the North American Uniform Driver
149	Out-of-Service Criteria;
150	2.  A violation of s. 316.302(2)(b) or (c);
151	3.  A violation of 49 C.F.R. s. 392.60; or
152	4.  A violation of 49 C.F.R. ss. 391.41 or 391.43; or
153	5.4.  A violation of the North American Standard Vehicle
154	Out-of-Service Criteria resulting from an inspection of a
155	commercial motor vehicle involved in a crash.
156	Section 3.  Section 334.03, Florida Statutes, is amended to
157	read:
158	334.03  Definitions.-When used in the Florida
159	Transportation Code, the term:
160	(1)(37)  "511" or "511 services" means three-digit
161	telecommunications dialing to access interactive voice response
162	telephone traveler information services provided in the state as
163	defined by the Federal Communications Commission in FCC Order
164	No. 00-256, July 31, 2000.
165	(1)  "Arterial road" means a route providing service which
166	is relatively continuous and of relatively high traffic volume,
167	long average trip length, high operating speed, and high
168	mobility importance. In addition, every United States numbered
169	highway is an arterial road.
170	(2)(2)  "Bridge" means a structure, including supports,
171	erected over a depression or an obstruction, such as water or a
172	highway or railway, and having a track or passageway for
173	carrying traffic as defined in chapter 316 or other moving
174	loads.
175	(3)  "City street system" means all local roads within a
176	municipality that were under the jurisdiction of that
177	municipality on June 10, 1995; roads constructed by a
178	municipality for that municipality's street system; roads
179	completely within an area annexed by the municipality, unless
180	otherwise provided by mutual consent; and roads transferred to
181	the municipality's jurisdiction after June 10, 1995, by mutual
182	consent with another governmental entity, but not roads so
183	transferred from the municipality's jurisdiction, and all
184	collector roads inside that municipality, which are not in the
185	county road system.
186	(4)  "Collector road" means a route providing service which
187	is of relatively moderate average traffic volume, moderately
188	average trip length, and moderately average operating speed.
189	Such a route also collects and distributes traffic between local
190	roads or arterial roads and serves as a linkage between land
191	access and mobility needs.
192	(4)(5)  "Commissioners" means the governing body of a
193	county.
194	(5)(6)  "Consolidated metropolitan statistical area" means
195	two or more metropolitan statistical areas that are socially and
196	economically interrelated as defined by the United States Bureau
197	of the Census.
198	(6)(7)  "Controlled access facility" means a street or
199	highway to which the right of access is highly regulated by the
200	governmental entity having jurisdiction over the facility in
201	order to maximize the operational efficiency and safety of the
202	high-volume through traffic utilizing the facility. Owners or
203	occupants of abutting lands and other persons have a right of
204	access to or from such facility at such points only and in such
205	manner as may be determined by the governmental entity.
206	(7)(8)  "County road system" means all roads within a
207	county that were under the jurisdiction of that county on June
208	10, 1995; roads constructed by a county for that county's road
209	system; and roads transferred to the county's jurisdiction after
210	June 10, 1995, by mutual consent with another governmental
211	entity, but, except as otherwise provided by mutual consent, not
212	roads transferred from the county's jurisdiction by mutual
213	consent or roads that are completely within an area annexed by a
214	municipality collector roads in the unincorporated areas of a
215	county and all extensions of such collector roads into and
216	through any incorporated areas, all local roads in the
217	unincorporated areas, and all urban minor arterial roads not in
218	the State Highway System.
219	(8)(9)  "Department" means the Department of
220	Transportation.
221	(10)  "Florida Intrastate Highway System" means a system of
222	limited access and controlled access facilities on the State
223	Highway System which have the capacity to provide high-speed and
224	high-volume traffic movements in an efficient and safe manner.
225	(9)(11)  "Functional classification" means the assignment
226	of roads into systems according to the character of service they
227	provide in relation to the total road network using procedures
228	developed by the Federal Highway Administration. Basic
229	functional categories include arterial roads, collector roads,
230	and local roads which may be subdivided into principal, major,
231	or minor levels. Those levels may be additionally divided into
232	rural and urban categories.
233	(10)(12)  "Governmental entity" means a unit of government,
234	or any officially designated public agency or authority of a
235	unit of government, that has the responsibility for planning,
236	construction, operation, or maintenance or jurisdiction over
237	transportation facilities; the term includes the Federal
238	Government, the state government, a county, an incorporated
239	municipality, a metropolitan planning organization, an
240	expressway or transportation authority, a road and bridge
241	district, a special road and bridge district, and a regional
242	governmental unit.
243	(11)(38)  "Interactive voice response" means a software
244	application that accepts a combination of voice telephone input
245	and touch-tone keypad selection and provides appropriate
246	responses in the form of voice, fax, callback, e-mail, and other
247	media.
248	(12)(13)  "Limited access facility" means a street or
249	highway especially designed for through traffic, and over, from,
250	or to which owners or occupants of abutting land or other
251	persons have no right or easement of access, light, air, or view
252	by reason of the fact that their property abuts upon such
253	limited access facility or for any other reason. Such highways
254	or streets may be facilities from which trucks, buses, and other
255	commercial vehicles are excluded; or they may be facilities open
256	to use by all customary forms of street and highway traffic.
257	(13)(14)  "Local governmental entity" means a unit of
258	government with less than statewide jurisdiction, or any
259	officially designated public agency or authority of such a unit
260	of government, that has the responsibility for planning,
261	construction, operation, or maintenance of, or jurisdiction
262	over, a transportation facility; the term includes, but is not
263	limited to, a county, an incorporated municipality, a
264	metropolitan planning organization, an expressway or
265	transportation authority, a road and bridge district, a special
266	road and bridge district, and a regional governmental unit.
267	(15)  "Local road" means a route providing service which is
268	of relatively low average traffic volume, short average trip
269	length or minimal through-traffic movements, and high land
270	access for abutting property.
271	(14)(16)  "Metropolitan area" means a geographic region
272	comprising as a minimum the existing urbanized area and the
273	contiguous area projected to become urbanized within a 20-year
274	forecast period. The boundaries of a metropolitan area may be
275	designated so as to encompass a metropolitan statistical area or
276	a consolidated metropolitan statistical area. If a metropolitan
277	area, or any part thereof, is located within a nonattainment
278	area, the boundaries of the metropolitan area must be designated
279	so as to include the boundaries of the entire nonattainment
280	area, unless otherwise provided by agreement between the
281	applicable metropolitan planning organization and the Governor.
282	(15)(17)  "Metropolitan statistical area" means an area
283	that includes a municipality of 50,000 persons or more, or an
284	urbanized area of at least 50,000 persons as defined by the
285	United States Bureau of the Census, provided that the component
286	county or counties have a total population of at least 100,000.
287	(16)(18)  "Nonattainment area" means an area designated by
288	the United States Environmental Protection Agency, pursuant to
289	federal law, as exceeding national primary or secondary ambient
290	air quality standards for the pollutants carbon monoxide or
291	ozone.
292	(17)(19)  "Periodic maintenance" means activities that are
293	large in scope and require a major work effort to restore
294	deteriorated components of the transportation system to a safe
295	and serviceable condition, including, but not limited to, the
296	repair of large bridge structures, major repairs to bridges and
297	bridge systems, and the mineral sealing of lengthy sections of
298	roadway.
299	(18)(20)  "Person" means any person described in s. 1.01 or
300	any unit of government in or outside the state.
301	(19)(21)  "Right of access" means the right of ingress to a
302	highway from abutting land and egress from a highway to abutting
303	land.
304	(20)(22)  "Right-of-way" means land in which the state, the
305	department, a county, or a municipality owns the fee or has an
306	easement devoted to or required for use as a transportation
307	facility.
308	(21)(23)  "Road" means a way open to travel by the public,
309	including, but not limited to, a street, highway, or alley. The
310	term includes associated sidewalks, the roadbed, the right-of-
311	way, and all culverts, drains, sluices, ditches, water storage
312	areas, waterways, embankments, slopes, retaining walls, bridges,
313	tunnels, and viaducts necessary for the maintenance of travel
314	and all ferries used in connection therewith.
315	(22)(24)  "Routine maintenance" means minor repairs and
316	associated tasks necessary to maintain a safe and efficient
317	transportation system. The term includes: pavement patching;
318	shoulder repair; cleaning and repair of drainage ditches,
319	traffic signs, and structures; mowing; bridge inspection and
320	maintenance; pavement striping; litter cleanup; and other
321	similar activities.
322	(23)(25)  "State Highway System" means the following, which
323	shall be facilities to which access is regulated:
324	(a)  the interstate system and all other roads within the
325	state which were under the jurisdiction of the state on June 10,
326	1995, and roads constructed by an agency of the state for the
327	State Highway System, and roads transferred to the state's
328	jurisdiction after that date by mutual consent with another
329	governmental entity, but not roads so transferred from the
330	state's jurisdiction. Such facilities shall be facilities to
331	which access is regulated.;
332	(b)  All rural arterial routes and their extensions into
333	and through urban areas;
334	(c)  All urban principal arterial routes; and
335	(d)  The urban minor arterial mileage on the existing State
336	Highway System as of July 1, 1987, plus additional mileage to
337	comply with the 2-percent requirement as described below.
338
339	However, not less than 2 percent of the public road mileage of
340	each urbanized area on record as of June 30, 1986, shall be
341	included as minor arterials in the State Highway System.
342	Urbanized areas not meeting the foregoing minimum requirement
343	shall have transferred to the State Highway System additional
344	minor arterials of the highest significance in which case the
345	total minor arterials in the State Highway System from any
346	urbanized area shall not exceed 2.5 percent of that area's total
347	public urban road mileage.
348	(24)(26)  "State Park Road System" means roads embraced
349	within the boundaries of state parks and state roads leading to
350	state parks, other than roads of the State Highway System, the
351	county road systems, or the city street systems.
352	(25)(27)  "State road" means a street, road, highway, or
353	other way open to travel by the public generally and dedicated
354	to the public use according to law or by prescription and
355	designated by the department, as provided by law, as part of the
356	State Highway System.
357	(26)(28)  "Structure" means a bridge, viaduct, tunnel,
358	causeway, approach, ferry slip, culvert, toll plaza, gate, or
359	other similar facility used in connection with a transportation
360	facility.
361	(27)(29)  "Sufficiency rating" means the objective rating
362	of a road or section of a road for the purpose of determining
363	its capability to serve properly the actual or anticipated
364	volume of traffic using the road.
365	(28)(30)  "Transportation corridor" means any land area
366	designated by the state, a county, or a municipality which is
367	between two geographic points and which area is used or suitable
368	for the movement of people and goods by one or more modes of
369	transportation, including areas necessary for management of
370	access and securing applicable approvals and permits.
371	Transportation corridors shall contain, but are not limited to,
372	the following:
373	(a)  Existing publicly owned rights-of-way;
374	(b)  All property or property interests necessary for
375	future transportation facilities, including rights of access,
376	air, view, and light, whether public or private, for the purpose
377	of securing and utilizing future transportation rights-of-way,
378	including, but not limited to, any lands reasonably necessary
379	now or in the future for securing applicable approvals and
380	permits, borrow pits, drainage ditches, water retention areas,
381	rest areas, replacement access for landowners whose access could
382	be impaired due to the construction of a future facility, and
383	replacement rights-of-way for relocation of rail and utility
384	facilities.
385	(29)(31)  "Transportation facility" means any means for the
386	transportation of people or property from place to place which
387	is constructed, operated, or maintained in whole or in part from
388	public funds. The term includes the property or property rights,
389	both real and personal, which have been or may be established by
390	public bodies for the transportation of people or property from
391	place to place.
392	(30)(32)  "Urban area" means a geographic region comprising
393	as a minimum the area inside the United States Bureau of the
394	Census boundary of an urban place with a population of 5,000 or
395	more persons, expanded to include adjacent developed areas as
396	provided for by Federal Highway Administration regulations.
397	(33)  "Urban minor arterial road" means a route that
398	generally interconnects with and augments an urban principal
399	arterial road and provides service to trips of shorter length
400	and a lower level of travel mobility. The term includes all
401	arterials not classified as "principal" and contain facilities
402	that place more emphasis on land access than the higher system.
403	(31)(34)  "Urban place" means a geographic region composed
404	of one or more contiguous census tracts that have been found by
405	the United States Bureau of the Census to contain a population
406	density of at least 1,000 persons per square mile.
407	(35)  "Urban principal arterial road" means a route that
408	generally serves the major centers of activity of an urban area,
409	the highest traffic volume corridors, and the longest trip
410	purpose and carries a high proportion of the total urban area
411	travel on a minimum of mileage. Such roads are integrated, both
412	internally and between major rural connections.
413	(32)(36)  "Urbanized area" means a geographic region
414	comprising as a minimum the area inside an urban place of 50,000
415	or more persons, as designated by the United States Bureau of
416	the Census, expanded to include adjacent developed areas as
417	provided for by Federal Highway Administration regulations.
418	Urban areas with a population of fewer than 50,000 persons which
419	are located within the expanded boundary of an urbanized area
420	are not separately recognized.
421	Section 4.  Subsections (11) and (13) of section 334.044,
422	Florida Statutes, are amended to read:
423	334.044  Department; powers and duties.-The department
424	shall have the following general powers and duties:
425	(11)  To establish a numbering system for public roads, and
426	to functionally classify such roads, and to assign
427	jurisdictional responsibility.
428	(13)  To designate existing and to plan proposed
429	transportation facilities as part of the State Highway System,
430	and to construct, maintain, and operate such facilities.
431	Section 5.  Section 334.047, Florida Statutes, is amended
432	to read:
433	334.047  Prohibition.-Notwithstanding any other provision
434	of law to the contrary, the Department of Transportation may not
435	establish a cap on the number of miles in the State Highway
436	System or a maximum number of miles of urban principal arterial
437	roads, as defined in s. 334.03, within a district or county.
438	Section 6.  Subsection (5) of section 336.021, Florida
439	Statutes, is amended to read:
440	336.021  County transportation system; levy of ninth-cent
441	fuel tax on motor fuel and diesel fuel.-
442	(5)  All impositions of the tax shall be levied before
443	October 1 July 1 of each year to be effective January 1 of the
444	following year. However, levies of the tax which were in effect
445	on July 1, 2002, and which expire on August 31 of any year may
446	be reimposed at the current authorized rate to be effective
447	September 1 of the year of expiration. All impositions shall be
448	required to end on December 31 of a year. A decision to rescind
449	the tax shall not take effect on any date other than December 31
450	and shall require a minimum of 60 days' notice to the department
451	of such decision.
452	Section 7.  Paragraphs (a) and (b) of subsection (1),
453	paragraph (a) of subsection (5), and paragraphs (d) and (e) of
454	subsection (7) of section 336.025, Florida Statutes, are amended
455	to read:
456	336.025  County transportation system; levy of local option
457	fuel tax on motor fuel and diesel fuel.-
458	(1)(a)  In addition to other taxes allowed by law, there
459	may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
460	1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
461	fuel tax upon every gallon of motor fuel and diesel fuel sold in
462	a county and taxed under the provisions of part I or part II of
463	chapter 206.
464	1.  All impositions and rate changes of the tax shall be
465	levied before October 1 July 1 to be effective January 1 of the
466	following year for a period not to exceed 30 years, and the
467	applicable method of distribution shall be established pursuant
468	to subsection (3) or subsection (4). However, levies of the tax
469	which were in effect on July 1, 2002, and which expire on August
470	31 of any year may be reimposed at the current authorized rate
471	effective September 1 of the year of expiration. Upon
472	expiration, the tax may be relevied provided that a
473	redetermination of the method of distribution is made as
474	provided in this section.
475	2.  County and municipal governments shall utilize moneys
476	received pursuant to this paragraph only for transportation
477	expenditures.
478	3.  Any tax levied pursuant to this paragraph may be
479	extended on a majority vote of the governing body of the county.
480	A redetermination of the method of distribution shall be
481	established pursuant to subsection (3) or subsection (4), if,
482	after July 1, 1986, the tax is extended or the tax rate changed,
483	for the period of extension or for the additional tax.
484	(b)  In addition to other taxes allowed by law, there may
485	be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
486	cent, 4-cent, or 5-cent local option fuel tax upon every gallon
487	of motor fuel sold in a county and taxed under the provisions of
488	part I of chapter 206. The tax shall be levied by an ordinance
489	adopted by a majority plus one vote of the membership of the
490	governing body of the county or by referendum.
491	1.  All impositions and rate changes of the tax shall be
492	levied before October 1 July 1, to be effective January 1 of the
493	following year. However, levies of the tax which were in effect
494	on July 1, 2002, and which expire on August 31 of any year may
495	be reimposed at the current authorized rate effective September
496	1 of the year of expiration.
497	2.  The county may, prior to levy of the tax, establish by
498	interlocal agreement with one or more municipalities located
499	therein, representing a majority of the population of the
500	incorporated area within the county, a distribution formula for
501	dividing the entire proceeds of the tax among county government
502	and all eligible municipalities within the county. If no
503	interlocal agreement is adopted before the effective date of the
504	tax, tax revenues shall be distributed pursuant to the
505	provisions of subsection (4). If no interlocal agreement exists,
506	a new interlocal agreement may be established prior to June 1 of
507	any year pursuant to this subparagraph. However, any interlocal
508	agreement agreed to under this subparagraph after the initial
509	levy of the tax or change in the tax rate authorized in this
510	section shall under no circumstances materially or adversely
511	affect the rights of holders of outstanding bonds which are
512	backed by taxes authorized by this paragraph, and the amounts
513	distributed to the county government and each municipality shall
514	not be reduced below the amount necessary for the payment of
515	principal and interest and reserves for principal and interest
516	as required under the covenants of any bond resolution
517	outstanding on the date of establishment of the new interlocal
518	agreement.
519	3.  County and municipal governments shall use moneys
520	received pursuant to this paragraph for transportation
521	expenditures needed to meet the requirements of the capital
522	improvements element of an adopted comprehensive plan or for
523	expenditures needed to meet immediate local transportation
524	problems and for other transportation-related expenditures that
525	are critical for building comprehensive roadway networks by
526	local governments. For purposes of this paragraph, expenditures
527	for the construction of new roads, the reconstruction or
528	resurfacing of existing paved roads, or the paving of existing
529	graded roads shall be deemed to increase capacity and such
530	projects shall be included in the capital improvements element
531	of an adopted comprehensive plan. Expenditures for purposes of
532	this paragraph shall not include routine maintenance of roads.
533	(5)(a)  By October 1 July 1 of each year, the county shall
534	notify the Department of Revenue of the rate of the taxes levied
535	pursuant to paragraphs (1)(a) and (b), and of its decision to
536	rescind or change the rate of a tax, if applicable, and shall
537	provide the department with a certified copy of the interlocal
538	agreement established under subparagraph (1)(b)2. or
539	subparagraph (3)(a)1. with distribution proportions established
540	by such agreement or pursuant to subsection (4), if applicable.
541	A decision to rescind a tax shall not take effect on any date
542	other than December 31 and shall require a minimum of 60 days'
543	notice to the Department of Revenue of such decision.
544	(7)  For the purposes of this section, "transportation
545	expenditures" means expenditures by the local government from
546	local or state shared revenue sources, excluding expenditures of
547	bond proceeds, for the following programs:
548	(d)  Street lighting installation, operation, and
549	maintenance.
550	(e)  Traffic signs;, traffic engineering;, signalization
551	installation, operation, and maintenance; and pavement markings.
552	Section 8.  Subsection (4) of section 337.111, Florida
553	Statutes, is amended to read:
554	337.111  Contracting for monuments and memorials to
555	military veterans at rest areas.-The Department of
556	Transportation is authorized to enter into contract with any
557	not-for-profit group or organization that has been operating for
558	not less than 2 years for the installation of monuments and
559	memorials honoring Florida's military veterans at highway rest
560	areas around the state pursuant to the provisions of this
561	section.
562	(4)  The group or organization making the proposal shall
563	provide a 10-year bond, an annual renewable bond, an irrevocable
564	letter of credit, or other form of security as approved by the
565	department's comptroller, for the purpose of securing the cost
566	of removal of the monument and any modifications made to the
567	site as part of the placement of the monument should the
568	Department of Transportation determine it necessary to remove or
569	relocate the monument. Such removal or relocation shall be
570	approved by the committee described in subsection (1). Prior to
571	expiration, the bond shall be renewed for another 10-year period
572	if the memorial is to remain in place.
573	Section 9.  Section 337.403, Florida Statutes, is amended
574	to read:
575	337.403  Interference caused by Relocation of utility;
576	expenses.-
577	(1)  When a Any utility heretofore or hereafter placed
578	upon, under, over, or along any public road or publicly owned
579	rail corridor that is found by the authority to be unreasonably
580	interfering in any way with the convenient, safe, or continuous
581	use, or the maintenance, improvement, extension, or expansion,
582	of such public road or publicly owned rail corridor, the utility
583	owner shall, upon 30 days' written notice to the utility or its
584	agent by the authority, initiate the work necessary to alleviate
585	the interference be removed or relocated by such utility at its
586	own expense except as provided in paragraphs (a)-(f). The work
587	shall be completed within such time as stated in the notice or
588	such time as agreed to by the authority and the utility owner.
589	(a)  If the relocation of utility facilities, as referred
590	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
591	627 of the 84th Congress, is necessitated by the construction of
592	a project on the federal-aid interstate system, including
593	extensions thereof within urban areas, and the cost of the
594	project is eligible and approved for reimbursement by the
595	Federal Government to the extent of 90 percent or more under the
596	Federal Aid Highway Act, or any amendment thereof, then in that
597	event the utility owning or operating such facilities shall
598	perform any necessary work relocate the facilities upon notice
599	from order of the department, and the state shall pay the entire
600	expense properly attributable to such work relocation after
601	deducting therefrom any increase in the value of any the new
602	facility and any salvage value derived from any the old
603	facility.
604	(b)  When a joint agreement between the department and the
605	utility is executed for utility improvement, relocation, or
606	removal work to be accomplished as part of a contract for
607	construction of a transportation facility, the department may
608	participate in those utility work improvement, relocation, or
609	removal costs that exceed the department's official estimate of
610	the cost of the work by more than 10 percent. The amount of such
611	participation shall be limited to the difference between the
612	official estimate of all the work in the joint agreement plus 10
613	percent and the amount awarded for this work in the construction
614	contract for such work. The department may not participate in
615	any utility work improvement, relocation, or removal costs that
616	occur as a result of changes or additions during the course of
617	the contract.
618	(c)  When an agreement between the department and utility
619	is executed for utility improvement, relocation, or removal work
620	to be accomplished in advance of a contract for construction of
621	a transportation facility, the department may participate in the
622	cost of clearing and grubbing necessary to perform such work.
623	(d)  If the utility facility involved being removed or
624	relocated was initially installed to exclusively serve the
625	department, its tenants, or both, the department shall bear the
626	costs of the utility work removing or relocating that utility
627	facility. However, the department is not responsible for bearing
628	the cost of utility work related to removing or relocating any
629	subsequent additions to that facility for the purpose of serving
630	others.
631	(e)  If, under an agreement between a utility and the
632	authority entered into after July 1, 2009, the utility conveys,
633	subordinates, or relinquishes a compensable property right to
634	the authority for the purpose of accommodating the acquisition
635	or use of the right-of-way by the authority, without the
636	agreement expressly addressing future responsibility for the
637	cost of necessary utility work removing or relocating the
638	utility, the authority shall bear the cost of removal or
639	relocation. This paragraph does not impair or restrict, and may
640	not be used to interpret, the terms of any such agreement
641	entered into before July 1, 2009.
642	(f)  If the utility is an electric facility being relocated
643	underground in order to enhance vehicular, bicycle, and
644	pedestrian safety and in which ownership of the electric
645	facility to be placed underground has been transferred from a
646	private to a public utility within the past 5 years, the
647	department shall incur all costs of the necessary utility work
648	relocation.
649	(2)  If such utility work removal or relocation is
650	incidental to work to be done on such road or publicly owned
651	rail corridor, the notice shall be given at the same time the
652	contract for the work is advertised for bids, or no less than 30
653	days prior to the commencement of such work by the authority,
654	whichever is greater.
655	(3)  Whenever the notice from an order of the authority
656	requires such utility work removal or change in the location of
657	any utility from the right-of-way of a public road or publicly
658	owned rail corridor, and the owner thereof fails perform the
659	work to remove or change the same at his or her own expense to
660	conform to the order within the time stated in the notice or
661	such other time as agreed to by the authority and the utility
662	owner, the authority shall proceed to cause the utility work to
663	be performed to be removed. The expense thereby incurred shall
664	be paid out of any money available therefor, and such expense
665	shall, except as provided in subsection (1), be charged against
666	the owner and levied and collected and paid into the fund from
667	which the expense of such relocation was paid.
668	Section 10.  Subsection (1) of section 337.404, Florida
669	Statutes, is amended to read:
670	337.404  Removal or relocation of utility facilities;
671	notice and order; court review.-
672	(1)  Whenever it shall become necessary for the authority
673	to perform utility work remove or relocate any utility as
674	provided in s. 337.403 the preceding section, the owner of the
675	utility, or the owner's chief agent, shall be given notice that
676	the authority will perform of such work removal or relocation
677	and, after the work is complete, shall be given an order
678	requiring the payment of the cost thereof, and a shall be given
679	reasonable time, which shall not be less than 20 nor more than
680	30 days, in which to appear before the authority to contest the
681	reasonableness of the order. Should the owner or the owner's
682	representative not appear, the determination of the cost to the
683	owner shall be final. Authorities considered agencies for the
684	purposes of chapter 120 shall adjudicate removal or relocation
685	of utilities pursuant to chapter 120.
686	Section 11.  Subsections (1) and (4) of section 337.408,
687	Florida Statutes, are amended to read:
688	337.408  Regulation of bus stops, benches, transit
689	shelters, street light poles, waste disposal receptacles, and
690	modular news racks within rights-of-way.-
691	(1)  Benches or transit shelters, including advertising
692	displayed on benches or transit shelters, may be installed
693	within the right-of-way limits of any municipal, county, or
694	state road, except a limited access highway, provided that such
695	benches or transit shelters are for the comfort or convenience
696	of the general public or are at designated stops on official bus
697	routes and provided that written authorization has been given to
698	a qualified private supplier of such service by the municipal
699	government within whose incorporated limits such benches or
700	transit shelters are installed or by the county government
701	within whose unincorporated limits such benches or transit
702	shelters are installed. A municipality or county may authorize
703	the installation, without public bid, of benches and transit
704	shelters together with advertising displayed thereon within the
705	right-of-way limits of such roads. All installations shall be in
706	compliance with all applicable laws and rules, including,
707	without limitation, the Americans with Disabilities Act.
708	Municipalities or counties shall indemnify, defend, and hold
709	harmless the department from any suits, actions, proceedings,
710	claims, losses, costs, charges, expenses, damages, liabilities,
711	attorney fees, and court costs relating to the installation,
712	removal, or relocation of such installations. Any contract for
713	the installation of benches or transit shelters or advertising
714	on benches or transit shelters which was entered into before
715	April 8, 1992, without public bidding is ratified and affirmed.
716	Such benches or transit shelters may not interfere with right-
717	of-way preservation and maintenance. Any bench or transit
718	shelter located on a sidewalk within the right-of-way limits of
719	any road on the State Highway System or the county road system
720	shall be located so as to leave at least 36 inches of clearance
721	for pedestrians and persons in wheelchairs. Such clearance shall
722	be measured in a direction perpendicular to the centerline of
723	the road.
724	(4)  The department has the authority to direct the
725	immediate relocation or removal of any bus stop, bench, transit
726	shelter, waste disposal receptacle, public pay telephone, or
727	modular news rack that endangers life or property, or that is
728	otherwise not in compliance with applicable laws and rules,
729	except that transit bus benches that were placed in service
730	before April 1, 1992, are not required to comply with bench size
731	and advertising display size requirements established by the
732	department before March 1, 1992. If a municipality or county
733	fails to comply with the department's direction, the department
734	shall remove the noncompliant installation, charge the cost of
735	the removal to the municipality or county, and may deduct or
736	offset such cost from any other funding available to the
737	municipality or county from the department. Any transit bus
738	bench that was in service before April 1, 1992, may be replaced
739	with a bus bench of the same size or smaller, if the bench is
740	damaged or destroyed or otherwise becomes unusable. The
741	department may adopt rules relating to the regulation of bench
742	size and advertising display size requirements. If a
743	municipality or county within which a bench is to be located has
744	adopted an ordinance or other applicable regulation that
745	establishes bench size or advertising display sign requirements
746	different from requirements specified in department rule, the
747	local government requirement applies within the respective
748	municipality or county. Placement of any bench or advertising
749	display on the National Highway System under a local ordinance
750	or regulation adopted under this subsection is subject to
751	approval of the Federal Highway Administration.
752	Section 12.  Chapter 338, Florida Statutes, is retitled
753	"LIMITED ACCESS AND TOLL FACILITIES."
754	Section 13.  Section 338.001, Florida Statutes, is
755	repealed.
756	Section 14.  Subsections (1) through (6) of section 338.01,
757	Florida Statutes, are renumbered as subsections (2) through (7),
758	respectively, and a new subsection (1) is added to that section
759	to read:
760	338.01  Authority to establish and regulate limited access
761	facilities.-
762	(1)  The department is authorized to establish limited
763	access facilities as provided in s. 335.02. The primary function
764	of such limited access facilities is to allow high-speed and
765	high-volume traffic movements within the state. Access to
766	abutting land is subordinate to this function, and such access
767	must be prohibited or highly regulated.
768	Section 15.  Section 339.155, Florida Statutes, is amended
769	to read:
770	339.155  Transportation planning.-
771	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
772	develop and annually update a statewide transportation plan, to
773	be known as the Florida Transportation Plan. The plan shall be
774	designed so as to be easily read and understood by the general
775	public. The purpose of the Florida Transportation Plan is to
776	establish and define the state's long-range transportation goals
777	and objectives to be accomplished over a period of at least 20
778	years within the context of the State Comprehensive Plan, and
779	any other statutory mandates and authorizations and based upon
780	the prevailing principles of: preserving the existing
781	transportation infrastructure; enhancing Florida's economic
782	competitiveness; and improving travel choices to ensure
783	mobility. The Florida Transportation Plan shall consider the
784	needs of the entire state transportation system and examine the
785	use of all modes of transportation to effectively and
786	efficiently meet such needs.
787	(2)  SCOPE OF PLANNING PROCESS.-The department shall carry
788	out a transportation planning process in conformance with s.
789	334.046(1) and 23 U.S.C. s. 135. which provides for
790	consideration of projects and strategies that will:
791	(a)  Support the economic vitality of the United States,
792	Florida, and the metropolitan areas, especially by enabling
793	global competitiveness, productivity, and efficiency;
794	(b)  Increase the safety and security of the transportation
795	system for motorized and nonmotorized users;
796	(c)  Increase the accessibility and mobility options
797	available to people and for freight;
798	(d)  Protect and enhance the environment, promote energy
799	conservation, and improve quality of life;
800	(e)  Enhance the integration and connectivity of the
801	transportation system, across and between modes throughout
802	Florida, for people and freight;
803	(f)  Promote efficient system management and operation; and
804	(g)  Emphasize the preservation of the existing
805	transportation system.
806	(3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
807	Transportation Plan shall be a unified, concise planning
808	document that clearly defines the state's long-range
809	transportation goals and objectives and documents the
810	department's short-range objectives developed to further such
811	goals and objectives. The plan shall:
812	(a)  Include a glossary that clearly and succinctly defines
813	any and all phrases, words, or terms of art included in the
814	plan, with which the general public may be unfamiliar. and shall
815	consist of, at a minimum, the following components:
816	(b)(a)  Document A long-range component documenting the
817	goals and long-term objectives necessary to implement the
818	results of the department consistent with department's findings
819	from its examination of the criteria listed in subsection (2)
820	and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
821	must
822	(c)  Be developed in cooperation with the metropolitan
823	planning organizations and reconciled, to the maximum extent
824	feasible, with the long-range plans developed by metropolitan
825	planning organizations pursuant to s. 339.175. The plan must
826	also
827	(d)  Be developed in consultation with affected local
828	officials in nonmetropolitan areas and with any affected Indian
829	tribal governments. The plan must
830	(e)  Provide an examination of transportation issues likely
831	to arise during at least a 20-year period. The long-range
832	component shall
833	(f)  Be updated at least once every 5 years, or more often
834	as necessary, to reflect substantive changes to federal or state
835	law.
836	(b)  A short-range component documenting the short-term
837	objectives and strategies necessary to implement the goals and
838	long-term objectives contained in the long-range component. The
839	short-range component must define the relationship between the
840	long-range goals and the short-range objectives, specify those
841	objectives against which the department's achievement of such
842	goals will be measured, and identify transportation strategies
843	necessary to efficiently achieve the goals and objectives in the
844	plan. It must provide a policy framework within which the
845	department's legislative budget request, the strategic
846	information resource management plan, and the work program are
847	developed. The short-range component shall serve as the
848	department's annual agency strategic plan pursuant to s.
849	186.021. The short-range component shall be developed consistent
850	with available and forecasted state and federal funds. The
851	short-range component shall also be submitted to the Florida
852	Transportation Commission.
853	(4)  ANNUAL PERFORMANCE REPORT.-The department shall
854	develop an annual performance report evaluating the operation of
855	the department for the preceding fiscal year. The report shall
856	also include a summary of the financial operations of the
857	department and shall annually evaluate how well the adopted work
858	program meets the short-term objectives contained in the short-
859	range component of the Florida Transportation Plan. This
860	performance report shall be submitted to the Florida
861	Transportation Commission and the legislative appropriations and
862	transportation committees.
863	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.-
864	(a)  Upon request by local governmental entities, the
865	department may in its discretion develop and design
866	transportation corridors, arterial and collector streets,
867	vehicular parking areas, and other support facilities which are
868	consistent with the plans of the department for major
869	transportation facilities. The department may render to local
870	governmental entities or their planning agencies such technical
871	assistance and services as are necessary so that local plans and
872	facilities are coordinated with the plans and facilities of the
873	department.
874	(b)  Each regional planning council, as provided for in s.
875	186.504, or any successor agency thereto, shall develop, as an
876	element of its strategic regional policy plan, transportation
877	goals and policies. The transportation goals and policies must
878	be prioritized to comply with the prevailing principles provided
879	in subsection (2) and s. 334.046(1). The transportation goals
880	and policies shall be consistent, to the maximum extent
881	feasible, with the goals and policies of the metropolitan
882	planning organization and the Florida Transportation Plan. The
883	transportation goals and policies of the regional planning
884	council will be advisory only and shall be submitted to the
885	department and any affected metropolitan planning organization
886	for their consideration and comments. Metropolitan planning
887	organization plans and other local transportation plans shall be
888	developed consistent, to the maximum extent feasible, with the
889	regional transportation goals and policies. The regional
890	planning council shall review urbanized area transportation
891	plans and any other planning products stipulated in s. 339.175
892	and provide the department and respective metropolitan planning
893	organizations with written recommendations which the department
894	and the metropolitan planning organizations shall take under
895	advisement. Further, the regional planning councils shall
896	directly assist local governments which are not part of a
897	metropolitan area transportation planning process in the
898	development of the transportation element of their comprehensive
899	plans as required by s. 163.3177.
900	(c)  Regional transportation plans may be developed in
901	regional transportation areas in accordance with an interlocal
902	agreement entered into pursuant to s. 163.01 by two or more
903	contiguous metropolitan planning organizations; one or more
904	metropolitan planning organizations and one or more contiguous
905	counties, none of which is a member of a metropolitan planning
906	organization; a multicounty regional transportation authority
907	created by or pursuant to law; two or more contiguous counties
908	that are not members of a metropolitan planning organization; or
909	metropolitan planning organizations comprised of three or more
910	counties.
911	(d)  The interlocal agreement must, at a minimum, identify
912	the entity that will coordinate the development of the regional
913	transportation plan; delineate the boundaries of the regional
914	transportation area; provide the duration of the agreement and
915	specify how the agreement may be terminated, modified, or
916	rescinded; describe the process by which the regional
917	transportation plan will be developed; and provide how members
918	of the entity will resolve disagreements regarding
919	interpretation of the interlocal agreement or disputes relating
920	to the development or content of the regional transportation
921	plan. Such interlocal agreement shall become effective upon its
922	recordation in the official public records of each county in the
923	regional transportation area.
924	(e)  The regional transportation plan developed pursuant to
925	this section must, at a minimum, identify regionally significant
926	transportation facilities located within a regional
927	transportation area and contain a prioritized list of regionally
928	significant projects. The level-of-service standards for
929	facilities to be funded under this subsection shall be adopted
930	by the appropriate local government in accordance with s.
931	163.3180(10). The projects shall be adopted into the capital
932	improvements schedule of the local government comprehensive plan
933	pursuant to s. 163.3177(3).
934	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
935	TRANSPORTATION PLANNING.-
936	(a)  During the development of the long-range component of
937	the Florida Transportation Plan and prior to substantive
938	revisions, the department shall provide citizens, affected
939	public agencies, representatives of transportation agency
940	employees, other affected employee representatives, private
941	providers of transportation, and other known interested parties
942	with an opportunity to comment on the proposed plan or
943	revisions. These opportunities shall include, at a minimum,
944	publishing a notice in the Florida Administrative Weekly and
945	within a newspaper of general circulation within the area of
946	each department district office.
947	(b)  During development of major transportation
948	improvements, such as those increasing the capacity of a
949	facility through the addition of new lanes or providing new
950	access to a limited or controlled access facility or
951	construction of a facility in a new location, the department
952	shall hold one or more hearings prior to the selection of the
953	facility to be provided; prior to the selection of the site or
954	corridor of the proposed facility; and prior to the selection of
955	and commitment to a specific design proposal for the proposed
956	facility. Such public hearings shall be conducted so as to
957	provide an opportunity for effective participation by interested
958	persons in the process of transportation planning and site and
959	route selection and in the specific location and design of
960	transportation facilities. The various factors involved in the
961	decision or decisions and any alternative proposals shall be
962	clearly presented so that the persons attending the hearing may
963	present their views relating to the decision or decisions which
964	will be made.
965	(c)  Opportunity for design hearings:
966	1.  The department, prior to holding a design hearing,
967	shall duly notify all affected property owners of record, as
968	recorded in the property appraiser's office, by mail at least 20
969	days prior to the date set for the hearing. The affected
970	property owners shall be:
971	a.  Those whose property lies in whole or in part within
972	300 feet on either side of the centerline of the proposed
973	facility.
974	b.  Those whom the department determines will be
975	substantially affected environmentally, economically, socially,
976	or safetywise.
977	2.  For each subsequent hearing, the department shall
978	publish notice prior to the hearing date in a newspaper of
979	general circulation for the area affected. These notices must be
980	published twice, with the first notice appearing at least 15
981	days, but no later than 30 days, before the hearing.
982	3.  A copy of the notice of opportunity for the hearing
983	must be furnished to the United States Department of
984	Transportation and to the appropriate departments of the state
985	government at the time of publication.
986	4.  The opportunity for another hearing shall be afforded
987	in any case when proposed locations or designs are so changed
988	from those presented in the notices specified above or at a
989	hearing as to have a substantially different social, economic,
990	or environmental effect.
991	5.  The opportunity for a hearing shall be afforded in each
992	case in which the department is in doubt as to whether a hearing
993	is required.
994	Section 16.  Section 339.62, Florida Statutes, is amended
995	to read:
996	339.62  System components.-The Strategic Intermodal System
997	shall consist of appropriate components of:
998	(1)  Highway corridors The Florida Intrastate Highway
999	System established under s. 339.65 s. 338.001.
1000	(2)  The National Highway System.
1001	(3)  Airport, seaport, and spaceport facilities.
1002	(4)  Rail lines and rail facilities.
1003	(5)  Selected intermodal facilities; passenger and freight
1004	terminals; and appropriate components of the State Highway
1005	System, county road system, city street system, inland
1006	waterways, and local public transit systems that serve as
1007	existing or planned connectors between the components listed in
1008	subsections (1)-(4).
1009	(6)  Other existing or planned corridors that serve a
1010	statewide or interregional purpose.
1011	Section 17.  Subsection (2) of section 339.63, Florida
1012	Statutes, is amended to read:
1013	339.63  System facilities designated; additions and
1014	deletions.-
1015	(2)  The Strategic Intermodal System and the Emerging
1016	Strategic Intermodal System include four three different types
1017	of facilities that each form one component of an interconnected
1018	transportation system which types include:
1019	(a)  Existing or planned hubs that are ports and terminals
1020	including airports, seaports, spaceports, passenger terminals,
1021	and rail terminals serving to move goods or people between
1022	Florida regions or between Florida and other markets in the
1023	United States and the rest of the world;
1024	(b)  Existing or planned corridors that are highways, rail
1025	lines, waterways, and other exclusive-use facilities connecting
1026	major markets within Florida or between Florida and other states
1027	or nations; and
1028	(c)  Existing or planned intermodal connectors that are
1029	highways, rail lines, waterways or local public transit systems
1030	serving as connectors between the components listed in
1031	paragraphs (a) and (b).
1032	(d)  Existing or planned military access facilities that
1033	are highways or rail lines linking Strategic Intermodal System
1034	corridors to the state's strategic military installations.
1035	Section 18.  Section 339.64, Florida Statutes, is amended
1036	to read:
1037	339.64  Strategic Intermodal System Plan.-
1038	(1)  The department shall develop, in cooperation with
1039	metropolitan planning organizations, regional planning councils,
1040	local governments, the Statewide Intermodal Transportation
1041	Advisory Council and other transportation providers, a Strategic
1042	Intermodal System Plan. The plan shall be consistent with the
1043	Florida Transportation Plan developed pursuant to s. 339.155 and
1044	shall be updated at least once every 5 years, subsequent to
1045	updates of the Florida Transportation Plan.
1046	(2)  In association with the continued development of the
1047	Strategic Intermodal System Plan, the Florida Transportation
1048	Commission, as part of its work program review process, shall
1049	conduct an annual assessment of the progress that the department
1050	and its transportation partners have made in realizing the goals
1051	of economic development, improved mobility, and increased
1052	intermodal connectivity of the Strategic Intermodal System. The
1053	Florida Transportation Commission shall coordinate with the
1054	department, the Statewide Intermodal Transportation Advisory
1055	Council, and other appropriate entities when developing this
1056	assessment. The Florida Transportation Commission shall deliver
1057	a report to the Governor and Legislature no later than 14 days
1058	after the regular session begins, with recommendations as
1059	necessary to fully implement the Strategic Intermodal System.
1060	(3)(a)  During the development of updates to the Strategic
1061	Intermodal System Plan, the department shall provide
1062	metropolitan planning organizations, regional planning councils,
1063	local governments, transportation providers, affected public
1064	agencies, and citizens with an opportunity to participate in and
1065	comment on the development of the update.
1066	(b)  The department also shall coordinate with federal,
1067	regional, and local partners the planning for the Strategic
1068	Highway Network and the Strategic Rail Corridor Network
1069	transportation facilities that either are included in the
1070	Strategic Intermodal System or that provide a direct connection
1071	between military installations and the Strategic Intermodal
1072	System. In addition, the department shall coordinate with
1073	regional and local partners to determine whether the road and
1074	other transportation infrastructure that connect military
1075	installations to the Strategic Intermodal System, the Strategic
1076	Highway Network, or the Strategic Rail Corridor is regionally
1077	significant and should be included in the Strategic Intermodal
1078	System Plan.
1079	(4)  The Strategic Intermodal System Plan shall include the
1080	following:
1081	(a)  A needs assessment.
1082	(b)  A project prioritization process.
1083	(c)  A map of facilities designated as Strategic Intermodal
1084	System facilities; facilities that are emerging in importance
1085	and that are likely to become part of the system in the future;
1086	and planned facilities that will meet the established criteria.
1087	(d)  A finance plan based on reasonable projections of
1088	anticipated revenues, including both 10-year and at least 20-
1089	year cost-feasible components.
1090	(e)  An assessment of the impacts of proposed improvements
1091	to Strategic Intermodal System corridors on military
1092	installations that are either located directly on the Strategic
1093	Intermodal System or located on the Strategic Highway Network or
1094	Strategic Rail Corridor Network.
1095	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.-
1096	(a)  The Statewide Intermodal Transportation Advisory
1097	Council is created to advise and make recommendations to the
1098	Legislature and the department on policies, planning, and
1099	funding of intermodal transportation projects. The council's
1100	responsibilities shall include:
1101	1.  Advising the department on the policies, planning, and
1102	implementation of strategies related to intermodal
1103	transportation.
1104	2.  Providing advice and recommendations to the Legislature
1105	on funding for projects to move goods and people in the most
1106	efficient and effective manner for the State of Florida.
1107	(b)  MEMBERSHIP.-Members of the Statewide Intermodal
1108	Transportation Advisory Council shall consist of the following:
1109	1.  Six intermodal industry representatives selected by the
1110	Governor as follows:
1111	a.  One representative from an airport involved in the
1112	movement of freight and people from their airport facility to
1113	another transportation mode.
1114	b.  One individual representing a fixed-route, local-
1115	government transit system.
1116	c.  One representative from an intercity bus company
1117	providing regularly scheduled bus travel as determined by
1118	federal regulations.
1119	d.  One representative from a spaceport.
1120	e.  One representative from intermodal trucking companies.
1121	f.  One representative having command responsibilities of a
1122	major military installation.
1123	2.  Three intermodal industry representatives selected by
1124	the President of the Senate as follows:
1125	a.  One representative from major-line railroads.
1126	b.  One representative from seaports listed in s. 311.09(1)
1127	from the Atlantic Coast.
1128	c.  One representative from an airport involved in the
1129	movement of freight and people from their airport facility to
1130	another transportation mode.
1131	3.  Three intermodal industry representatives selected by
1132	the Speaker of the House of Representatives as follows:
1133	a.  One representative from short-line railroads.
1134	b.  One representative from seaports listed in s. 311.09(1)
1135	from the Gulf Coast.
1136	c.  One representative from intermodal trucking companies.
1137	In no event may this representative be employed by the same
1138	company that employs the intermodal trucking company
1139	representative selected by the Governor.
1140	(c)  Initial appointments to the council must be made no
1141	later than 30 days after the effective date of this section.
1142	1.  The initial appointments made by the President of the
1143	Senate and the Speaker of the House of Representatives shall
1144	serve terms concurrent with those of the respective appointing
1145	officer. Beginning January 15, 2005, and for all subsequent
1146	appointments, council members appointed by the President of the
1147	Senate and the Speaker of the House of Representatives shall
1148	serve 2-year terms, concurrent with the term of the respective
1149	appointing officer.
1150	2.  The initial appointees, and all subsequent appointees,
1151	made by the Governor shall serve 2-year terms.
1152	3.  Vacancies on the council shall be filled in the same
1153	manner as the initial appointments.
1154	(d)  Each member of the council shall be allowed one vote.
1155	The council shall select a chair from among its membership.
1156	Meetings shall be held at the call of the chair, but not less
1157	frequently than quarterly. The members of the council shall be
1158	reimbursed for per diem and travel expenses as provided in s.
1159	112.061.
1160	(e)  The department shall provide administrative staff
1161	support and shall ensure that council meetings are
1162	electronically recorded. Such recordings and all documents
1163	received, prepared for, or used by the council in conducting its
1164	business shall be preserved pursuant to chapters 119 and 257.
1165	Section 19.  Section 339.65, Florida Statutes, is created
1166	to read:
1167	339.65  Strategic Intermodal System highway corridors.-
1168	(1)  The department shall plan and develop Strategic
1169	Intermodal System highway corridors, including limited and
1170	controlled access facilities, allowing for high-speed and high-
1171	volume traffic movements within the state. The primary function
1172	of these corridors is to provide such traffic movements. Access
1173	to abutting land is subordinate to this function, and such
1174	access must be prohibited or highly regulated.
1175	(2)  Strategic Intermodal System highway corridors shall
1176	include facilities from the following components of the State
1177	Highway System that meet the criteria adopted by the department
1178	pursuant to s. 339.63:
1179	(a)  Interstate highways.
1180	(b)  The Florida Turnpike System.
1181	(c)  Interregional and intercity limited access facilities.
1182	(d)  Existing interregional and intercity arterial highways
1183	previously upgraded or upgraded in the future to limited access
1184	or controlled access facility standards.
1185	(e)  New limited access facilities necessary to complete a
1186	balanced statewide system.
1187	(3)  The department shall adhere to the following policy
1188	guidelines in the development of Strategic Intermodal System
1189	highway corridors:
1190	(a)  Make capacity improvements to existing facilities
1191	where feasible to minimize costs and environmental impacts.
1192	(b)  Identify appropriate arterial highways in major
1193	transportation corridors for inclusion in a program to bring
1194	these facilities up to limited access or controlled access
1195	facility standards.
1196	(c)  Coordinate proposed projects with appropriate limited
1197	access projects undertaken by expressway authorities and local
1198	governmental entities.
1199	(d)  Maximize the use of limited access facility standards
1200	when constructing new arterial highways.
1201	(e)  Identify appropriate new limited access highways for
1202	inclusion as a part of the Florida Turnpike System.
1203	(f)  To the maximum extent feasible, ensure that proposed
1204	projects are consistent with approved local government
1205	comprehensive plans of the local jurisdictions in which such
1206	facilities are to be located and with the transportation
1207	improvement program of any metropolitan planning organization in
1208	which such facilities are to be located.
1209	(4)  The department shall develop and maintain a plan of
1210	Strategic Intermodal System highway corridor projects that are
1211	anticipated to be let to contract for construction within a time
1212	period of at least 20 years. The plan shall also identify when
1213	segments of the corridor will meet the standards and criteria
1214	developed pursuant to subsection (5).
1215	(5)  The department shall establish the standards and
1216	criteria for the functional characteristics and design of
1217	facilities proposed as part of Strategic Intermodal System
1218	highway corridors.
1219	(6)  For the purposes of developing the proposed Strategic
1220	Intermodal System highway corridors, beginning in fiscal year
1221	2003-2004 and for each fiscal year thereafter, the minimum
1222	amount allocated shall be based on the fiscal year 2003-2004
1223	allocation of $450 million adjusted annually by the change in
1224	the Consumer Price Index for the prior fiscal year compared to
1225	the Consumer Price Index for fiscal year 2003-2004.
1226	(7)  Any project to be constructed as part of a Strategic
1227	Intermodal System highway corridor shall be included in the
1228	department's adopted work program. Any Strategic Intermodal
1229	System highway corridor projects that are added to or deleted
1230	from the previous adopted work program, or any modification to
1231	Strategic Intermodal System highway corridor projects contained
1232	in the previous adopted work program, shall be specifically
1233	identified and submitted as a separate part of the tentative
1234	work program.
1235	Section 20.  Section 479.075, Florida Statutes, is created
1236	to read:
1237	479.075  Sign permit fee limitations.-
1238	(1)  As used in this section, the term:
1239	(a)  "Sign" means any sign, wall mural, or media tower as
1240	defined in s. 479.01 or as defined by a local government
1241	agreement, resolution, or ordinance.
1242	(b)  "Sign permit fee" means any payment required as a
1243	condition for building, erecting, inspecting, renewing,
1244	maintaining, operating, relocating, or reconstructing a sign or
1245	required pursuant to any agreement, ordinance, or resolution
1246	that includes any provision relating to the issuance of a sign
1247	permit or otherwise authorizing the building, erection,
1248	inspection, renewal, maintenance, operation, relocation, or
1249	reconstruction of a sign.
1250	(2)  A local government may establish by agreement,
1251	resolution, or ordinance a sign permit fee schedule and may
1252	assess fees for sign permits. The fee schedule must be based on
1253	the actual costs of administering its sign permitting program,
1254	but may not exceed $500 per sign per year.
1255	Section 21.  Edna S. Hargrett-Thrower Avenue designated;
1256	Department of Transportation to erect suitable markers.-
1257	(1)  That portion of Orange Blossom Trail between W. Gore
1258	Street and W. Church Street in Orange County is designated as
1259	"Edna S. Hargrett-Thrower Avenue."
1260	(2)  The Department of Transportation is directed to erect
1261	suitable markers designating Edna S. Hargrett-Thrower Avenue as
1262	described in subsection (1).
1263	Section 22.  SP4 Thomas Berry Corbin Memorial Highway
1264	designated; Department of Transportation to erect suitable
1265	markers.-
1266	(1)  That portion of U.S. Highway 19/27A/98/State Road 55
1267	between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1268	Road/Kate Green Road in Dixie County is designated as "SP4
1269	Thomas Berry Corbin Memorial Highway."
1270	(2)  The Department of Transportation is directed to erect
1271	suitable markers designating SP4 Thomas Berry Corbin Memorial
1272	Highway as described in subsection (1).
1273	Section 23.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1274	Memorial Highway designated; Department of Transportation to
1275	erect suitable markers.-
1276	(1)  That portion of U.S. Highway 19/98/State Road 55
1277	between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1278	170th Street in Dixie County is designated as "U.S. Navy BMC
1279	Samuel Calhoun Chavous, Jr. Memorial Highway."
1280	(2)  The Department of Transportation is directed to erect
1281	suitable markers designating U.S. Navy BMC Samuel Calhoun
1282	Chavous, Jr. Memorial Highway as described in subsection (1).
1283	Section 24.  Marine Lance Corporal Brian R. Buesing
1284	Memorial Highway designated; Department of Transportation to
1285	erect suitable markers.-
1286	(1)  That portion of State Road 24 between County Road 347
1287	and Bridge Number 340053 in Levy County is designated as "Marine
1288	Lance Corporal Brian R. Buesing Memorial Highway."
1289	(2)  The Department of Transportation is directed to erect
1290	suitable markers designating Marine Lance Corporal Brian R.
1291	Buesing Memorial Highway as described in subsection (1).
1292	Section 25.  United States Army Sergeant Karl A. Campbell
1293	Memorial Highway designated; Department of Transportation to
1294	erect suitable markers.-
1295	(1)  That portion of U.S. Highway 19/98/State Road 55/S.
1296	Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1297	County is designated as "United States Army Sergeant Karl A.
1298	Campbell Memorial Highway."
1299	(2)  The Department of Transportation is directed to erect
1300	suitable markers designating United States Army Sergeant Karl A.
1301	Campbell Memorial Highway as described in subsection (1).
1302	Section 26.  U.S. Army SPC James A. Page Memorial Highway
1303	designated; Department of Transportation to erect suitable
1304	markers.-
1305	(1)  That portion of U.S. Highway 27A/State Road
1306	500/Hathaway Avenue between State Road 24/Thrasher Drive and
1307	Town Court in Levy County is designated as "U.S. Army SPC James
1308	A. Page Memorial Highway."
1309	(2)  The Department of Transportation is directed to erect
1310	suitable markers designating U.S. Army SPC James A. Page
1311	Memorial Highway as described in subsection (1).
1312	Section 27.  Veterans Memorial Highway designated;
1313	Department of Transportation to erect suitable markers.-
1314	(1)  That portion of State Road 19 between U.S. Highway
1315	17/State Road 15 and Carriage Drive in the City of Palatka in
1316	Putnam County is designated as "Veterans Memorial Highway."
1317	(2)  The Department of Transportation is directed to erect
1318	suitable markers designating Veterans Memorial Highway as
1319	described in subsection (1).
1320	Section 28.  Ben G. Watts Highway designated; Department of
1321	Transportation to erect suitable markers.-
1322	(1)  That portion of U.S. Highway 90 in Washington County
1323	between the Jackson County line and the Holmes County line at
1324	the Holmes Creek Bridge is designated as "Ben G. Watts Highway."
1325	(2)  The Department of Transportation is directed to erect
1326	suitable markers designating Ben G. Watts Highway as described
1327	in subsection (1).
1328	Section 29.  Mardi Gras Way designated; Department of
1329	Transportation to erect suitable markers.-
1330	(1)  That portion of State Road 824 between Interstate 95
1331	and U.S. Highway 1 in Broward County is designated as "Mardi
1332	Gras Way."
1333	(2)  The Department of Transportation is directed to erect
1334	suitable markers designating Mardi Gras Way as described in
1335	subsection (1).
1336	Section 30.  West Park Boulevard designated; Department of
1337	Transportation to erect suitable markers.-
1338	(1)  That portion of State Road 7 between Pembroke Road and
1339	County Line Road in Broward County is designated as "West Park
1340	Boulevard."
1341	(2)  The Department of Transportation is directed to erect
1342	suitable markers designating West Park Boulevard as described in
1343	subsection (1).
1344	Section 31.  Pembroke Park Boulevard designated; Department
1345	of Transportation to erect suitable markers.-
1346	(1)  That portion of State Road 858/Hallandale Beach
1347	Boulevard between Interstate 95 and U.S. Highway 441/State Road
1348	7 in Broward County is designated as "Pembroke Park Boulevard."
1349	(2)  The Department of Transportation is directed to erect
1350	suitable markers designating Pembroke Park Boulevard as
1351	described in subsection (1).
1352	Section 32.  Stark Memorial Drive designated; Department of
1353	Transportation to erect suitable markers.-
1354	(1)  That portion of State Road 101/Mayport Road between
1355	State Road A1A and Wonderwood Connector in Duval County is
1356	designated as "Stark Memorial Drive."
1357	(2)  The Department of Transportation is directed to erect
1358	suitable markers designating Stark Memorial Drive as described
1359	in subsection (1).
1360	Section 33.  Duval County Law Enforcement Memorial Overpass
1361	designated; Department of Transportation to erect suitable
1362	markers.-
1363	(1)  The Interstate 295/State Road 9A overpass (Bridge Nos.
1364	720256 and 720347) over Interstate 10/State Road 8 in Duval
1365	County is designated as "Duval County Law Enforcement Memorial
1366	Overpass."
1367	(2)  The Department of Transportation is directed to erect
1368	suitable markers designating Duval County Law Enforcement
1369	Memorial Overpass as described in subsection (1).
1370	Section 34.  Verna Bell Way designated; Department of
1371	Transportation to erect suitable markers.-
1372	(1)  That portion of State Road 200 between Lime Street and
1373	Beech Street in the City of Fernandina Beach in Nassau County is
1374	designated as "Verna Bell Way."
1375	(2)  The Department of Transportation is directed to erect
1376	suitable markers designating Verna Bell Way as described in
1377	subsection (1).
1378	Section 35.  Deputy Hal P. Croft and Deputy Ronald Jackson
1379	Memorial Highway designated; Department of Transportation to
1380	erect suitable markers.-
1381	(1)  That portion of State Road 100 East between the
1382	Bradford County line and the Columbia County line in Union
1383	County is designated as "Deputy Hal P. Croft and Deputy Ronald
1384	Jackson Memorial Highway."
1385	(2)  The Department of Transportation is directed to erect
1386	suitable markers designating Deputy Hal P. Croft and Deputy
1387	Ronald Jackson Memorial Highway as described in subsection (1).
1388	Section 36.  Dr. Oscar Elias Biscet Boulevard designated;
1389	Department of Transportation to erect suitable markers.-
1390	(1)  That portion of Coral Way between S.W. 32nd Avenue and
1391	S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1392	Oscar Elias Biscet Boulevard."
1393	(2)  The Department of Transportation is directed to erect
1394	suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1395	described in subsection (1).
1396	Section 37.  Alma Lee Loy Bridge designated; Department of
1397	Transportation to erect suitable markers.-
1398	(1)  The bridge on State Road 656 in Indian River County
1399	between State Road A1A and Indian River Boulevard in Vero Beach
1400	is designated as "Alma Lee Loy Bridge."
1401	(2)  The Department of Transportation is directed to erect
1402	suitable markers designating Alma Lee Loy Bridge as described
1403	subsection (1).
1404	Section 38.  Section 24 of chapter 2010-230, Laws of
1405	Florida, is amended to read:
1406	Section 24.  Miss Lillie Williams Boulevard designated;
1407	Department of Transportation to erect suitable markers.-
1408	(1)  That portion of N.W. 79th Street between N.W. 6th
1409	Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1410	designated as "Miss Lillie Williams Boulevard."
1411	(2)  The Department of Transportation is directed to erect
1412	suitable markers designating Miss Lillie Williams Boulevard as
1413	described in subsection (1).
1414	Section 39.  Section 45 of chapter 2010-230, Laws of
1415	Florida, is amended to read:
1416	Section 45.  Father Gerard Jean-Juste Street designated;
1417	Department of Transportation to erect suitable markers.-
1418	(1)  That portion of N.W. 54th Street in Miami-Dade County
1419	between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1420	is designated "Father Gerard Jean-Juste Street."
1421	(2)  The Department of Transportation is directed to erect
1422	suitable markers designating Father Gerard Jean-Juste Street as
1423	described in subsection (1).
1424	Section 40.  Paragraph (a) of subsection (12) of section
1425	163.3180, Florida Statutes, is amended to read:
1426	163.3180  Concurrency.-
1427	(12)(a)  A development of regional impact may satisfy the
1428	transportation concurrency requirements of the local
1429	comprehensive plan, the local government's concurrency
1430	management system, and s. 380.06 by payment of a proportionate-
1431	share contribution for local and regionally significant traffic
1432	impacts, if:
1433	1.  The development of regional impact which, based on its
1434	location or mix of land uses, is designed to encourage
1435	pedestrian or other nonautomotive modes of transportation;
1436	2.  The proportionate-share contribution for local and
1437	regionally significant traffic impacts is sufficient to pay for
1438	one or more required mobility improvements that will benefit a
1439	regionally significant transportation facility;
1440	3.  The owner and developer of the development of regional
1441	impact pays or assures payment of the proportionate-share
1442	contribution; and
1443	4.  If the regionally significant transportation facility
1444	to be constructed or improved is under the maintenance authority
1445	of a governmental entity, as defined by s. 334.03(12), other
1446	than the local government with jurisdiction over the development
1447	of regional impact, the developer is required to enter into a
1448	binding and legally enforceable commitment to transfer funds to
1449	the governmental entity having maintenance authority or to
1450	otherwise assure construction or improvement of the facility.
1451
1452	The proportionate-share contribution may be applied to any
1453	transportation facility to satisfy the provisions of this
1454	subsection and the local comprehensive plan, but, for the
1455	purposes of this subsection, the amount of the proportionate-
1456	share contribution shall be calculated based upon the cumulative
1457	number of trips from the proposed development expected to reach
1458	roadways during the peak hour from the complete buildout of a
1459	stage or phase being approved, divided by the change in the peak
1460	hour maximum service volume of roadways resulting from
1461	construction of an improvement necessary to maintain the adopted
1462	level of service, multiplied by the construction cost, at the
1463	time of developer payment, of the improvement necessary to
1464	maintain the adopted level of service. For purposes of this
1465	subsection, "construction cost" includes all associated costs of
1466	the improvement. Proportionate-share mitigation shall be limited
1467	to ensure that a development of regional impact meeting the
1468	requirements of this subsection mitigates its impact on the
1469	transportation system but is not responsible for the additional
1470	cost of reducing or eliminating backlogs. This subsection also
1471	applies to Florida Quality Developments pursuant to s. 380.061
1472	and to detailed specific area plans implementing optional sector
1473	plans pursuant to s. 163.3245.
1474	Section 41.  Paragraph (k) of subsection (1) of section
1475	163.3187, Florida Statutes, is amended to read:
1476	163.3187  Amendment of adopted comprehensive plan.-
1477	(1)  Amendments to comprehensive plans adopted pursuant to
1478	this part may be made not more than two times during any
1479	calendar year, except:
1480	(k)  A local comprehensive plan amendment directly related
1481	to providing transportation improvements to enhance life safety
1482	on controlled access major arterial highways identified in the
1483	Strategic Intermodal System Florida Intrastate Highway System,
1484	in counties as defined in s. 125.011, where such roadways have a
1485	high incidence of traffic accidents resulting in serious injury
1486	or death. Any such amendment shall not include any amendment
1487	modifying the designation on a comprehensive development plan
1488	land use map nor any amendment modifying the allowable densities
1489	or intensities of any land.
1490	Section 42.  Subsection (3) of section 288.063, Florida
1491	Statutes, is amended to read:
1492	288.063  Contracts for transportation projects.-
1493	(3)  With respect to any contract executed pursuant to this
1494	section, the term "transportation project" means a
1495	transportation facility as defined in s. 334.03(31) which is
1496	necessary in the judgment of the Office of Tourism, Trade, and
1497	Economic Development to facilitate the economic development and
1498	growth of the state. Except for applications received prior to
1499	July 1, 1996, such transportation projects shall be approved
1500	only as a consideration to attract new employment opportunities
1501	to the state or expand or retain employment in existing
1502	companies operating within the state, or to allow for the
1503	construction or expansion of a state or federal correctional
1504	facility in a county with a population of 75,000 or less that
1505	creates new employment opportunities or expands or retains
1506	employment in the county. The Office of Tourism, Trade, and
1507	Economic Development shall institute procedures to ensure that
1508	small and minority businesses have equal access to funding
1509	provided under this section. Funding for approved transportation
1510	projects may include any expenses, other than administrative
1511	costs and equipment purchases specified in the contract,
1512	necessary for new, or improvement to existing, transportation
1513	facilities. Funds made available pursuant to this section may
1514	not be expended in connection with the relocation of a business
1515	from one community to another community in this state unless the
1516	Office of Tourism, Trade, and Economic Development determines
1517	that without such relocation the business will move outside this
1518	state or determines that the business has a compelling economic
1519	rationale for the relocation which creates additional jobs.
1520	Subject to appropriation for projects under this section, any
1521	appropriation greater than $10 million shall be allocated to
1522	each of the districts of the Department of Transportation to
1523	ensure equitable geographical distribution. Such allocated funds
1524	that remain uncommitted by the third quarter of the fiscal year
1525	shall be reallocated among the districts based on pending
1526	project requests.
1527	Section 43.  Paragraph (b) of subsection (3) of section
1528	311.07, Florida Statutes, is amended to read:
1529	311.07  Florida seaport transportation and economic
1530	development funding.-
1531	(3)
1532	(b)  Projects eligible for funding by grants under the
1533	program are limited to the following port facilities or port
1534	transportation projects:
1535	1.  Transportation facilities within the jurisdiction of
1536	the port.
1537	2.  The dredging or deepening of channels, turning basins,
1538	or harbors.
1539	3.  The construction or rehabilitation of wharves, docks,
1540	structures, jetties, piers, storage facilities, cruise
1541	terminals, automated people mover systems, or any facilities
1542	necessary or useful in connection with any of the foregoing.
1543	4.  The acquisition of vessel tracking systems, container
1544	cranes, or other mechanized equipment used in the movement of
1545	cargo or passengers in international commerce.
1546	5.  The acquisition of land to be used for port purposes.
1547	6.  The acquisition, improvement, enlargement, or extension
1548	of existing port facilities.
1549	7.  Environmental protection projects which are necessary
1550	because of requirements imposed by a state agency as a condition
1551	of a permit or other form of state approval; which are necessary
1552	for environmental mitigation required as a condition of a state,
1553	federal, or local environmental permit; which are necessary for
1554	the acquisition of spoil disposal sites and improvements to
1555	existing and future spoil sites; or which result from the
1556	funding of eligible projects listed in this paragraph.
1557	8.  Transportation facilities as defined in s. 334.03(31)
1558	which are not otherwise part of the Department of
1559	Transportation's adopted work program.
1560	9.  Seaport intermodal access projects identified in the 5-
1561	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1562	10.  Construction or rehabilitation of port facilities as
1563	defined in s. 315.02, excluding any park or recreational
1564	facilities, in ports listed in s. 311.09(1) with operating
1565	revenues of $5 million or less, provided that such projects
1566	create economic development opportunities, capital improvements,
1567	and positive financial returns to such ports.
1568	Section 44.  Subsection (7) of section 311.09, Florida
1569	Statutes, is amended to read:
1570	311.09  Florida Seaport Transportation and Economic
1571	Development Council.-
1572	(7)  The Department of Transportation shall review the list
1573	of projects approved by the council for consistency with the
1574	Florida Transportation Plan and the department's adopted work
1575	program. In evaluating the consistency of a project, the
1576	department shall determine whether the transportation impact of
1577	the proposed project is adequately handled by existing state-
1578	owned transportation facilities or by the construction of
1579	additional state-owned transportation facilities as identified
1580	in the Florida Transportation Plan and the department's adopted
1581	work program. In reviewing for consistency a transportation
1582	facility project as defined in s. 334.03(31) which is not
1583	otherwise part of the department's work program, the department
1584	shall evaluate whether the project is needed to provide for
1585	projected movement of cargo or passengers from the port to a
1586	state transportation facility or local road. If the project is
1587	needed to provide for projected movement of cargo or passengers,
1588	the project shall be approved for consistency as a consideration
1589	to facilitate the economic development and growth of the state
1590	in a timely manner. The Department of Transportation shall
1591	identify those projects which are inconsistent with the Florida
1592	Transportation Plan and the adopted work program and shall
1593	notify the council of projects found to be inconsistent.
1594	Section 45.  Section 316.2122, Florida Statutes, is amended
1595	to read:
1596	316.2122  Operation of a low-speed vehicle or mini truck on
1597	certain roadways.-The operation of a low-speed vehicle as
1598	defined in s. 320.01(42) or a mini truck as defined in s.
1599	320.01(45) on any road as defined in s. 334.03(15) or (33) is
1600	authorized with the following restrictions:
1601	(1)  A low-speed vehicle or mini truck may be operated only
1602	on streets where the posted speed limit is 35 miles per hour or
1603	less. This does not prohibit a low-speed vehicle or mini truck
1604	from crossing a road or street at an intersection where the road
1605	or street has a posted speed limit of more than 35 miles per
1606	hour.
1607	(2)  A low-speed vehicle must be equipped with headlamps,
1608	stop lamps, turn signal lamps, taillamps, reflex reflectors,
1609	parking brakes, rearview mirrors, windshields, seat belts, and
1610	vehicle identification numbers.
1611	(3)  A low-speed vehicle or mini truck must be registered
1612	and insured in accordance with s. 320.02 and titled pursuant to
1613	chapter 319.
1614	(4)  Any person operating a low-speed vehicle or mini truck
1615	must have in his or her possession a valid driver's license.
1616	(5)  A county or municipality may prohibit the operation of
1617	low-speed vehicles or mini trucks on any road under its
1618	jurisdiction if the governing body of the county or municipality
1619	determines that such prohibition is necessary in the interest of
1620	safety.
1621	(6)  The Department of Transportation may prohibit the
1622	operation of low-speed vehicles or mini trucks on any road under
1623	its jurisdiction if it determines that such prohibition is
1624	necessary in the interest of safety.
1625	Section 46.  Section 318.12, Florida Statutes, is amended
1626	to read:
1627	318.12  Purpose.-It is the legislative intent in the
1628	adoption of this chapter to decriminalize certain violations of
1629	chapter 316, the Florida Uniform Traffic Control Law; chapter
1630	320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1631	chapter 338, Limited Access Florida Intrastate Highway System
1632	and Toll Facilities; and chapter 1006, Support of Learning,
1633	thereby facilitating the implementation of a more uniform and
1634	expeditious system for the disposition of traffic infractions.
1635	Section 47.  Subsection (3) of section 335.02, Florida
1636	Statutes, is amended to read:
1637	335.02  Authority to designate transportation facilities
1638	and rights-of-way and establish lanes; procedure for
1639	redesignation and relocation; application of local regulations.-
1640	(3)  The department may establish standards for lanes on
1641	the State Highway System, including the Strategic Intermodal
1642	System highway corridors Florida Intrastate Highway System
1643	established pursuant to s. 339.65 338.001. In determining the
1644	number of lanes for any regional corridor or section of highway
1645	on the State Highway System to be funded by the department with
1646	state or federal funds, the department shall evaluate all
1647	alternatives and seek to achieve the highest degree of efficient
1648	mobility for corridor users. In conducting the analysis, the
1649	department must give consideration to the following factors
1650	consistent with sound engineering principles:
1651	(a)  Overall economic importance of the corridor as a trade
1652	or tourism corridor.
1653	(b)  Safety of corridor users, including the importance of
1654	the corridor for evacuation purposes.
1655	(c)  Cost-effectiveness of alternative methods of
1656	increasing the mobility of corridor users.
1657	(d)  Current and projected traffic volumes on the corridor.
1658	(e)  Multimodal alternatives.
1659	(f)  Use of intelligent transportation technology in
1660	increasing the efficiency of the corridor.
1661	(g)  Compliance with state and federal policies related to
1662	clean air, environmental impacts, growth management, livable
1663	communities, and energy conservation.
1664	(h)  Addition of special use lanes, such as exclusive truck
1665	lanes, high-occupancy-vehicle toll lanes, and exclusive
1666	interregional traffic lanes.
1667	(i)  Availability and cost of rights-of-way, including
1668	associated costs, and the most effective use of existing rights-
1669	of-way.
1670	(j)  Regional economic and transportation objectives, where
1671	articulated.
1672	(k)  The future land use plan element of local government
1673	comprehensive plans, as appropriate, including designated urban
1674	infill and redevelopment areas.
1675	(l)  The traffic circulation element, if applicable, of
1676	local government comprehensive plans, including designated
1677	transportation corridors and public transportation corridors.
1678	(m)  The approved metropolitan planning organization's
1679	long-range transportation plan, as appropriate.
1680
1681	This subsection does not preclude a number of lanes in excess of
1682	10 lanes, but an additional factor that must be considered
1683	before the department may determine that the number of lanes
1684	should be more than 10 is the capacity to accommodate in the
1685	future alternative forms of transportation within existing or
1686	potential rights-of-way.
1687	Section 48.  Section 336.01, Florida Statutes, is amended
1688	to read:
1689	336.01  Designation of county road system.-The county road
1690	system shall be as defined in s. 334.03(8).
1691	Section 49.  Subsection (2) of section 338.222, Florida
1692	Statutes, is amended to read:
1693	338.222  Department of Transportation sole governmental
1694	entity to acquire, construct, or operate turnpike projects;
1695	exception.-
1696	(2)  The department may contract with any local
1697	governmental entity as defined in s. 334.03(13)(14) for the
1698	design, right-of-way acquisition, or construction of any
1699	turnpike project which the Legislature has approved. Local
1700	governmental entities may negotiate with the department for the
1701	design, right-of-way acquisition, and construction of any
1702	section of the turnpike project within areas of their respective
1703	jurisdictions or within counties with which they have interlocal
1704	agreements.
1705	Section 50.  Paragraph (b) of subsection (1) of section
1706	338.223, Florida Statutes, is amended to read:
1707	338.223  Proposed turnpike projects.-
1708	(1)
1709	(b)  Any proposed turnpike project or improvement shall be
1710	developed in accordance with the Florida Transportation Plan and
1711	the work program pursuant to s. 339.135. Turnpike projects that
1712	add capacity, alter access, affect feeder roads, or affect the
1713	operation of the local transportation system shall be included
1714	in the transportation improvement plan of the affected
1715	metropolitan planning organization. If such turnpike project
1716	does not fall within the jurisdiction of a metropolitan planning
1717	organization, the department shall notify the affected county
1718	and provide for public hearings in accordance with s.
1719	339.155(5)(6)(c).
1720	Section 51.  Subsection (4) of section 338.227, Florida
1721	Statutes, is amended to read:
1722	338.227  Turnpike revenue bonds.-
1723	(4)  The Department of Transportation and the Department of
1724	Management Services shall create and implement an outreach
1725	program designed to enhance the participation of minority
1726	persons and minority business enterprises in all contracts
1727	entered into by their respective departments for services
1728	related to the financing of department projects for the
1729	Strategic Intermodal System Plan developed pursuant to s. 339.64
1730	Florida Intrastate Highway System Plan. These services shall
1731	include, but not be limited to, bond counsel and bond
1732	underwriters.
1733	Section 52.  Subsection (2) of section 338.2275, Florida
1734	Statutes, is amended to read:
1735	338.2275  Approved turnpike projects.-
1736	(2)  The department is authorized to use turnpike revenues,
1737	the State Transportation Trust Fund moneys allocated for
1738	turnpike projects pursuant to s. 339.65 s. 338.001, federal
1739	funds, and bond proceeds, and shall use the most cost-efficient
1740	combination of such funds, in developing a financial plan for
1741	funding turnpike projects. The department must submit a report
1742	of the estimated cost for each ongoing turnpike project and for
1743	each planned project to the Legislature 14 days before the
1744	convening of the regular legislative session. Verification of
1745	economic feasibility and statements of environmental feasibility
1746	for individual turnpike projects must be based on the entire
1747	project as approved. Statements of environmental feasibility are
1748	not required for those projects listed in s. 12, chapter 90-136,
1749	Laws of Florida, for which the Project Development and
1750	Environmental Reports were completed by July 1, 1990. All
1751	required environmental permits must be obtained before the
1752	department may advertise for bids for contracts for the
1753	construction of any turnpike project.
1754	Section 53.  Section 338.228, Florida Statutes, is amended
1755	to read:
1756	338.228  Bonds not debts or pledges of credit of state.-
1757	Turnpike revenue bonds issued under the provisions of ss.
1758	338.22-338.241 are not debts of the state or pledges of the
1759	faith and credit of the state. Such bonds are payable
1760	exclusively from revenues pledged for their payment. All such
1761	bonds shall contain a statement on their face that the state is
1762	not obligated to pay the same or the interest thereon, except
1763	from the revenues pledged for their payment, and that the faith
1764	and credit of the state is not pledged to the payment of the
1765	principal or interest of such bonds. The issuance of turnpike
1766	revenue bonds under the provisions of ss. 338.22-338.241 does
1767	not directly, indirectly, or contingently obligate the state to
1768	levy or to pledge any form of taxation whatsoever, or to make
1769	any appropriation for their payment. Except as provided in ss.
1770	338.001, 338.223, and 338.2275, and 339.65, no state funds shall
1771	be used on any turnpike project or to pay the principal or
1772	interest of any bonds issued to finance or refinance any portion
1773	of the turnpike system, and all such bonds shall contain a
1774	statement on their face to this effect.
1775	Section 54.  Subsection (2) of section 338.234, Florida
1776	Statutes, is amended to read:
1777	338.234  Granting concessions or selling along the turnpike
1778	system; immunity from taxation.-
1779	(2)  The effectuation of the authorized purposes of the
1780	Strategic Intermodal System, created under ss. 339.61-339.65,
1781	Florida Intrastate Highway System and Florida Turnpike
1782	Enterprise, created under this chapter, is for the benefit of
1783	the people of the state, for the increase of their commerce and
1784	prosperity, and for the improvement of their health and living
1785	conditions; and, because the system and enterprise perform
1786	essential government functions in effectuating such purposes,
1787	neither the turnpike enterprise nor any nongovernment lessee or
1788	licensee renting, leasing, or licensing real property from the
1789	turnpike enterprise, pursuant to an agreement authorized by this
1790	section, are required to pay any commercial rental tax imposed
1791	under s. 212.031 on any capital improvements constructed,
1792	improved, acquired, installed, or used for such purposes.
1793	Section 55.  Subsections (1) and (3) of section 339.2819,
1794	Florida Statutes, are amended to read:
1795	339.2819  Transportation Regional Incentive Program.-
1796	(1)  There is created within the Department of
1797	Transportation a Transportation Regional Incentive Program for
1798	the purpose of providing funds to improve regionally significant
1799	transportation facilities in regional transportation areas
1800	created pursuant to s. 339.155(4)(5).
1801	(3)  The department shall allocate funding available for
1802	the Transportation Regional Incentive Program to the districts
1803	based on a factor derived from equal parts of population and
1804	motor fuel collections for eligible counties in regional
1805	transportation areas created pursuant to s. 339.155(4)(5).
1806	Section 56.  Subsection (6) of section 339.285, Florida
1807	Statutes, is amended to read:
1808	339.285  Enhanced Bridge Program for Sustainable
1809	Transportation.-
1810	(6)  Preference shall be given to bridge projects located
1811	on corridors that connect to the Strategic Intermodal System,
1812	created under s. 339.64, and that have been identified as
1813	regionally significant in accordance with s. 339.155(4)(5)(c),
1814	(d), and (e).
1815	Section 57.  Subsection (2) of section 341.053, Florida
1816	Statutes, is amended to read:
1817	341.053  Intermodal Development Program; administration;
1818	eligible projects; limitations.-
1819	(2)  In recognition of the department's role in the
1820	economic development of this state, the department shall develop
1821	a proposed intermodal development plan to connect Florida's
1822	airports, deepwater seaports, rail systems serving both
1823	passenger and freight, and major intermodal connectors to the
1824	Strategic Intermodal System highway corridors Florida Intrastate
1825	Highway System facilities as the primary system for the movement
1826	of people and freight in this state in order to make the
1827	intermodal development plan a fully integrated and
1828	interconnected system. The intermodal development plan must:
1829	(a)  Define and assess the state's freight intermodal
1830	network, including airports, seaports, rail lines and terminals,
1831	intercity bus lines and terminals, and connecting highways.
1832	(b)  Prioritize statewide infrastructure investments,
1833	including the acceleration of current projects, which are found
1834	by the Freight Stakeholders Task Force to be priority projects
1835	for the efficient movement of people and freight.
1836	(c)  Be developed in a manner that will assure maximum use
1837	of existing facilities and optimum integration and coordination
1838	of the various modes of transportation, including both
1839	government-owned and privately owned resources, in the most
1840	cost-effective manner possible.
1841	Section 58.  Subsection (2) of section 341.8225, Florida
1842	Statutes, is amended to read:
1843	341.8225  Department of Transportation sole governmental
1844	entity to acquire, construct, or operate high-speed rail
1845	projects; exception.-
1846	(2)  Local governmental entities, as defined in s.
1847	334.03(13)(14), may negotiate with the department for the
1848	design, right-of-way acquisition, and construction of any
1849	component of the high-speed rail system within areas of their
1850	respective jurisdictions or within counties with which they have
1851	interlocal agreements.
1852	Section 59.  Paragraph (a) of subsection (2) of section
1853	403.7211, Florida Statutes, is amended to read:
1854	403.7211  Hazardous waste facilities managing hazardous
1855	wastes generated offsite; federal facilities managing hazardous
1856	waste.-
1857	(2)  The department shall not issue any permit under s.
1858	403.722 for the construction, initial operation, or substantial
1859	modification of a facility for the disposal, storage, or
1860	treatment of hazardous waste generated offsite which is proposed
1861	to be located in any of the following locations:
1862	(a)  Any area where life-threatening concentrations of
1863	hazardous substances could accumulate at any residence or
1864	residential subdivision as the result of a catastrophic event at
1865	the proposed facility, unless each such residence or residential
1866	subdivision is served by at least one arterial road or urban
1867	minor arterial road, as determined under the procedures
1868	referenced in s. 334.03(9) defined in s. 334.03, which provides
1869	safe and direct egress by land to an area where such life-
1870	threatening concentrations of hazardous substances could not
1871	accumulate in a catastrophic event. Egress by any road leading
1872	from any residence or residential subdivision to any point
1873	located within 1,000 yards of the proposed facility is unsafe
1874	for the purposes of this paragraph. In determining whether
1875	egress proposed by the applicant is safe and direct, the
1876	department shall also consider, at a minimum, the following
1877	factors:
1878	1.  Natural barriers such as water bodies, and whether any
1879	road in the proposed evacuation route is impaired by a natural
1880	barrier such as a water body;
1881	2.  Potential exposure during egress and potential
1882	increases in the duration of exposure;
1883	3.  Whether any road in a proposed evacuation route passes
1884	in close proximity to the facility; and
1885	4.  Whether any portion of the evacuation route is
1886	inherently directed toward the facility.
1887
1888	For the purposes of this subsection, all distances shall be
1889	measured from the outer limit of the active hazardous waste
1890	management area. "Substantial modification" includes: any
1891	physical change in, change in the operations of, or addition to
1892	a facility which could increase the potential offsite impact, or
1893	risk of impact, from a release at that facility; and any change
1894	in permit conditions which is reasonably expected to lead to
1895	greater potential impacts or risks of impacts, from a release at
1896	that facility. "Substantial modification" does not include a
1897	change in operations, structures, or permit conditions which
1898	does not substantially increase either the potential impact
1899	from, or the risk of, a release. Physical or operational changes
1900	to a facility related solely to the management of nonhazardous
1901	waste at the facility shall not be considered a substantial
1902	modification. The department shall, by rule, adopt criteria to
1903	determine whether a facility has been substantially modified.
1904	"Initial operation" means the initial commencement of operations
1905	at the facility.
1906	Section 60.  Subsection (27) of section 479.01, Florida
1907	Statutes, is amended to read:
1908	479.01  Definitions.-As used in this chapter, the term:
1909	(27)  "Urban area" has the same meaning as defined in s.
1910	334.03(29).
1911	Section 61.  Subsection (1) of section 479.07, Florida
1912	Statutes, is amended to read:
1913	479.07  Sign permits.-
1914	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1915	person may not erect, operate, use, or maintain, or cause to be
1916	erected, operated, used, or maintained, any sign on the State
1917	Highway System outside an urban area, as defined in s.
1918	334.03(32), or on any portion of the interstate or federal-aid
1919	primary highway system without first obtaining a permit for the
1920	sign from the department and paying the annual fee as provided
1921	in this section. As used in this section, the term "on any
1922	portion of the State Highway System, interstate, or federal-aid
1923	primary system" means a sign located within the controlled area
1924	which is visible from any portion of the main-traveled way of
1925	such system.
1926	Section 62.  Subsection (5) of section 479.261, Florida
1927	Statutes, is amended to read:
1928	479.261  Logo sign program.-
1929	(5)  At a minimum, permit fees for businesses that
1930	participate in the program must be established in an amount
1931	sufficient to offset the total cost to the department for the
1932	program, including contract costs. The department shall provide
1933	the services in the most efficient and cost-effective manner
1934	through department staff or by contracting for some or all of
1935	the services. The department shall adopt rules that set
1936	reasonable rates based upon factors such as population, traffic
1937	volume, market demand, and costs for annual permit fees.
1938	However, annual permit fees for sign locations inside an urban
1939	area, as defined in s. 334.03(32), may not exceed $3,500, and
1940	annual permit fees for sign locations outside an urban area, as
1941	defined in s. 334.03(32), may not exceed $2,000. After
1942	recovering program costs, the proceeds from the annual permit
1943	fees shall be deposited into the State Transportation Trust Fund
1944	and used for transportation purposes.
1945	Section 63.  This act shall take effect July 1, 2011.

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