CS/CS/HB 1363

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 120.80, F.S., relating to rulemaking;
4	exempting the adjustment of tolls under specified
5	provisions from provisions requiring a statement of
6	estimated regulatory costs and a requirement for
7	legislative ratification; amending s. 286.011, F.S.;
8	providing for the conduct of transportation agency public
9	meetings through the use of communications media
10	technology; amending s. 316.091, F.S.; requiring the
11	department to establish a pilot program to open certain
12	limited access highways and bridges to bicycles and other
13	human-powered vehicles; providing requirements for the
14	pilot program; amending s. 316.302, F.S.; exempting
15	operators of farm labor vehicles from certain safety
16	regulations under certain circumstances; amending s.
17	334.03, F.S.; revising definitions for purposes of the
18	Florida Transportation Code; amending s. 334.044, F.S.;
19	revising the powers and duties of the department relating
20	to jurisdictional responsibility and designating
21	facilities; amending s. 334.047, F.S.; repealing a
22	provision prohibiting the department from establishing a
23	maximum number of miles of urban principal arterial roads
24	within a district or county; amending s. 336.021, F.S.;
25	revising the date when imposition of the ninth-cent fuel
26	tax is to be levied; amending s. 336.025, F.S.; revising
27	the dates when impositions or rate changes of the local
28	option fuel tax are to be levied and when counties must
29	notify the Department of Revenue of such rates or rate
30	changes; revising the definition of "transportation
31	expenditures"; amending s. 337.111, F.S.; providing
32	additional forms of security for the cost of removal of
33	monuments or memorials or modifications to an installation
34	site at highway rest areas; removing a provision requiring
35	renewal of a bond; amending ss. 337.403 and 337.404, F.S.;
36	revising provisions for alleviation of interference with a
37	public road or publically owned rail corridor caused by a
38	utility facility; requiring the utility owner to initiate
39	and complete the work necessary within a certain time
40	period; providing for notice to the utility; revising
41	provisions for payment of costs; revising provisions for
42	completion of work when the utility owner does not perform
43	the work; amending s. 337.408, F.S.; revising provisions
44	for certain facilities installed within the right-of-way
45	limits of roads; requiring counties and municipalities to
46	indemnify the department from certain claims relating to
47	the installation, removal, or relocation of a noncompliant
48	bench or shelter; authorizing the department to direct a
49	county or municipality to remove or relocate a bus stop,
50	bench, transit shelter, waste disposal receptacle, public
51	pay telephone, or modular news rack that is not in
52	compliance with applicable laws or rules; directing the
53	department to remove or relocate such installation and
54	charge the cost to the county or municipality; authorizing
55	the department to deduct the cost from funding available
56	to the municipality or county from the department;
57	removing a provision for the replacement of an unusable
58	transit bus bench that was in service before a certain
59	date; revising the title of chapter 338, F.S.; repealing
60	s. 338.001, F.S., relating to provisions for the Florida
61	Intrastate Highway System Plan; amending s. 338.01, F.S.;
62	including authority of the department in provisions for
63	the establishment limited access facilities; amending s.
64	339.155, F.S.; revising provisions for statewide
65	transportation planning by the department; providing for
66	federally required transportation planning factors;
67	revising provisions for the Florida Transportation Plan;
68	removing certain reporting requirements; revising
69	requirements for public participation in the planning
70	process; amending s. 339.63, F.S.; providing for inclusion
71	of certain access facilities in the Strategic Intermodal
72	System and the Emerging Strategic Intermodal System;
73	amending s. 339.64, F.S.; revising provisions for
74	development of the Strategic Intermodal System Plan;
75	removing the Statewide Intermodal Transportation Advisory
76	Council; creating s. 339.65, F.S.; providing for the
77	department to plan and develop Strategic Intermodal System
78	highway corridors; providing for allocations of funds on a
79	specified basis; providing for corridor projects to be
80	included in the department's adopted work program and
81	changes to be a separate part of the tentative work
82	program; creating s. 479.075, F.S.; defining the terms
83	"sign" and "sign permit fee"; establishing limitations on
84	fees charged for sign permits; requiring a fee schedule to
85	be based on actual costs; providing for effect with
86	respect to any agreement, resolution, or ordinance;
87	requiring removal of a sign to adhere to specified
88	provisions; amending s. 479.106, F.S.; revising
89	requirements for an application for a permit to remove,
90	cut, or trim trees or vegetation around a sign; requiring
91	that the application include a vegetation management plan,
92	a mitigation contribution to a trust fund, or a
93	combination of both; providing certain evaluation
94	criteria; providing criteria for the use of herbicides;
95	providing a time limit within which the Department of
96	Transportation must act; providing that the permit is
97	valid for 5 years; providing for an extension of the
98	permit; reducing the number of nonconforming signs that
99	must be removed before a permit may be issued for certain
100	signs; providing criteria for view zones; requiring the
101	department to provide notice to the sign owner of
102	beautification projects or vegetation planting; amending
103	s. 479.16, F.S.; exempting signs erected under the local
104	tourist-oriented commerce signs pilot program from certain
105	permit requirements; exempting certain temporary signs for
106	farm operations from permit requirements; creating s.
107	479.263, F.S.; creating the tourist-oriented commerce
108	signs pilot program; exempting commercial signs that meet
109	certain criteria from permit requirements; providing for
110	future expiration of the pilot program; designating Edna
111	S. Hargrett-Thrower Avenue in Orange County; designating
112	SP4 Thomas Berry Corbin Memorial Highway and U.S. Navy BMC
113	Samuel Calhoun Chavous, Jr. Memorial Highway in Dixie
114	County; designating Marine Lance Corporal Brian R. Buesing
115	Memorial Highway, United States Army Sergeant Karl A.
116	Campbell Memorial Highway, and U.S. Army SPC James A. Page
117	Memorial Highway in Levy County; designating Veterans
118	Memorial Highway in Putnam County; designating Ben G.
119	Watts Highway in Washington County; designating Mardi Gras
120	Way, West Park Boulevard, and Pembroke Park Boulevard in
121	Broward County; designating Stark Memorial Drive and Duval
122	County Law Enforcement Memorial Overpass in Duval County;
123	designating Verna Bell Way in Nassau County; designating
124	Deputy Hal P. Croft and Deputy Ronald Jackson Memorial
125	Highway in Union County; designating Dr. Oscar Elias
126	Biscet Boulevard in Miami-Dade County; designating Alma
127	Lee Loy Bridge in Indian River County; amending ss. 24 and
128	45, ch. 2010-230, Laws of Florida; revising the
129	designation for Miss Lillie Williams Boulevard and Father
130	Gerard Jean-Juste Street in Miami-Dade County; directing
131	the Department of Transportation to erect suitable
132	markers; amending ss. 163.3180, 288.063, 311.07, 311.09,
133	316.2122, 316.515, 336.01, 338.222, 338.223, 338.2275,
134	338.228, 339.2819, 339.285, 341.8225, 479.01, 479.07, and
135	479.261, F.S., relating to transportation concurrency,
136	contracts, port facilities, Florida Seaport Transportation
137	and Economic Development Council, low-speed vehicles and
138	mini trucks, width and height limitations, the county road
139	system, turnpike projects, revenue bonds, Transportation
140	Regional Incentive Program, Enhanced Bridge Program for
141	Sustainable Transportation, high-speed rail projects,
142	outdoor advertising, sign permits, and the Logo sign
143	program, respectively; revising cross-references; amending
144	ss. 163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
145	341.053, and 403.7211, F.S., relating to comprehensive
146	plans, traffic infractions, standards for lanes, services
147	related to the financing of projects, concessions along
148	the turnpike, components of the Strategic Intermodal
149	System, Intermodal Development Program, and hazardous
150	waste facilities, respectively; revising references to
151	conform to the incorporation of the Florida Intrastate
152	Highway System into the Strategic Intermodal System and to
153	changes made by the act; providing an effective date.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1.  Subsection (17) is added to section 120.80,
158	Florida Statutes, to read:
159	120.80  Exceptions and special requirements; agencies.-
160	(17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
161	and 120.541 do not apply to the adjustment of tolls pursuant to
162	s. 338.165(3).
163	Section 2.  Subsection (9) is added to section 286.011,
164	Florida Statutes, to read:
165	286.011  Public meetings and records; public inspection;
166	criminal and civil penalties.-
167	(9)  Transportation and expressway authorities created
168	under chapter 343, chapter 348, or chapter 349 which are subject
169	to this section may conduct public meetings and workshops by
170	means of communications media technology, as provided in s.
171	120.54(5).
172	Section 3.  Subsection (4) of section 316.091, Florida
173	Statutes, is amended, present subsection (5) of that section is
174	renumbered as subsection (6), and a new subsection (5) is added
175	to that section, to read:
176	316.091  Limited access facilities; interstate highways;
177	use restricted.-
178	(4)  No person shall operate a bicycle or other human-
179	powered vehicle on the roadway or along the shoulder of a
180	limited access highway, including bridges, unless official signs
181	and a designated marked bicycle lane are present at the entrance
182	of the section of highway indicating that such use is permitted
183	pursuant to a pilot program of the Department of Transportation
184	an interstate highway.
185	(5)  The Department of Transportation shall establish a 2-
186	year pilot program, in three separate urban areas, in which it
187	shall erect signs and designated marked bicycle lanes indicating
188	highway approaches and bridge segments of limited access
189	highways as open to use by operators of bicycles and other
190	human-powered vehicles, under the following conditions:
191	(a)  The limited access highway approaches and bridge
192	segments chosen must cross a river, lake, bay, inlet, or surface
193	water, where no street or highway crossing the water body is
194	available for use within 2 miles of entrance to the limited
195	access facility, measured along the shortest public right-of-
196	way.
197	(b)  The Department of Transportation, with the concurrence
198	of the Federal Highway Administration on interstate facilities,
199	shall establish the three highway approaches and bridge segments
200	for the pilot project by October 1, 2011. In selecting the
201	highway approaches and bridge segments, the Department of
202	Transportation shall consider, without limitation, a minimum
203	size of population in the urban area within 5 miles of the
204	highway approach and bridge segment, the lack of bicycle access
205	by other means, cost, safety, and operational impacts.
206	(c)  The Department of Transportation shall begin the pilot
207	program by erecting signs and designating marked bicycle lanes
208	indicating highway approaches and bridge segments of limited
209	access highway, as qualified by the conditions described in this
210	subsection, as open to use by operators of bicycles and other
211	human-powered vehicles no later than January 1, 2012.
212	(d)  The Department of Transportation shall conduct the
213	pilot program for a minimum of 2 years following the
214	implementation date. The department may continue to provide
215	bicycle access on the highway approaches and bridge segments
216	chosen for the pilot program or initiate bicycle access on other
217	limited access facilities after the end of the program.
218	(e)  The Department of Transportation shall submit a report
219	of its findings and recommendations from the pilot program to
220	the Governor, the President of the Senate, and the Speaker of
221	the House of Representatives by September 1, 2014. The report
222	shall include, at a minimum, bicycle crash data occurring in
223	designated segments of the pilot program, usage by operators of
224	bicycles and other human-powered vehicles, enforcement issues,
225	operational impacts, and the cost of the pilot program.
226	Section 4.  Paragraph (b) of subsection (2) of section
227	316.302, Florida Statutes, is amended to read:
228	316.302  Commercial motor vehicles; safety regulations;
229	transporters and shippers of hazardous materials; enforcement.-
230	(2)
231	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
232	operates a commercial motor vehicle solely in intrastate
233	commerce not transporting any hazardous material in amounts that
234	require placarding pursuant to 49 C.F.R. part 172 may not drive:
235	1.  More than 12 hours following 10 consecutive hours off
236	duty; or
237	2.  For any period after the end of the 16th hour after
238	coming on duty following 10 consecutive hours off duty.
239
240	The provisions of This paragraph does do not apply to operators
241	of farm labor vehicles during a state of emergency declared by
242	the Governor or under s. 570.07(21) or to drivers of utility
243	service vehicles as defined in 49 C.F.R. s. 395.2.
244	Section 5.  Section 334.03, Florida Statutes, is amended to
245	read:
246	334.03  Definitions.-When used in the Florida
247	Transportation Code, the term:
248	(1)(37)  "511" or "511 services" means three-digit
249	telecommunications dialing to access interactive voice response
250	telephone traveler information services provided in the state as
251	defined by the Federal Communications Commission in FCC Order
252	No. 00-256, July 31, 2000.
253	(1)  "Arterial road" means a route providing service which
254	is relatively continuous and of relatively high traffic volume,
255	long average trip length, high operating speed, and high
256	mobility importance. In addition, every United States numbered
257	highway is an arterial road.
258	(2)(2)  "Bridge" means a structure, including supports,
259	erected over a depression or an obstruction, such as water or a
260	highway or railway, and having a track or passageway for
261	carrying traffic as defined in chapter 316 or other moving
262	loads.
263	(3)  "City street system" means all local roads within a
264	municipality that were under the jurisdiction of that
265	municipality on June 10, 1995; roads constructed by a
266	municipality for that municipality's street system; roads
267	completely within an area annexed by the municipality, unless
268	otherwise provided by mutual consent; and roads transferred to
269	the municipality's jurisdiction after June 10, 1995, by mutual
270	consent with another governmental entity, but not roads so
271	transferred from the municipality's jurisdiction, and all
272	collector roads inside that municipality, which are not in the
273	county road system.
274	(4)  "Collector road" means a route providing service which
275	is of relatively moderate average traffic volume, moderately
276	average trip length, and moderately average operating speed.
277	Such a route also collects and distributes traffic between local
278	roads or arterial roads and serves as a linkage between land
279	access and mobility needs.
280	(4)(5)  "Commissioners" means the governing body of a
281	county.
282	(5)(6)  "Consolidated metropolitan statistical area" means
283	two or more metropolitan statistical areas that are socially and
284	economically interrelated as defined by the United States Bureau
285	of the Census.
286	(6)(7)  "Controlled access facility" means a street or
287	highway to which the right of access is highly regulated by the
288	governmental entity having jurisdiction over the facility in
289	order to maximize the operational efficiency and safety of the
290	high-volume through traffic utilizing the facility. Owners or
291	occupants of abutting lands and other persons have a right of
292	access to or from such facility at such points only and in such
293	manner as may be determined by the governmental entity.
294	(7)(8)  "County road system" means all roads within a
295	county that were under the jurisdiction of that county on June
296	10, 1995; roads constructed by a county for that county's road
297	system; and roads transferred to the county's jurisdiction after
298	June 10, 1995, by mutual consent with another governmental
299	entity, but, except as otherwise provided by mutual consent, not
300	roads transferred from the county's jurisdiction by mutual
301	consent or roads that are completely within an area annexed by a
302	municipality collector roads in the unincorporated areas of a
303	county and all extensions of such collector roads into and
304	through any incorporated areas, all local roads in the
305	unincorporated areas, and all urban minor arterial roads not in
306	the State Highway System.
307	(8)(9)  "Department" means the Department of
308	Transportation.
309	(10)  "Florida Intrastate Highway System" means a system of
310	limited access and controlled access facilities on the State
311	Highway System which have the capacity to provide high-speed and
312	high-volume traffic movements in an efficient and safe manner.
313	(9)(11)  "Functional classification" means the assignment
314	of roads into systems according to the character of service they
315	provide in relation to the total road network using procedures
316	developed by the Federal Highway Administration. Basic
317	functional categories include arterial roads, collector roads,
318	and local roads which may be subdivided into principal, major,
319	or minor levels. Those levels may be additionally divided into
320	rural and urban categories.
321	(10)(12)  "Governmental entity" means a unit of government,
322	or any officially designated public agency or authority of a
323	unit of government, that has the responsibility for planning,
324	construction, operation, or maintenance or jurisdiction over
325	transportation facilities; the term includes the Federal
326	Government, the state government, a county, an incorporated
327	municipality, a metropolitan planning organization, an
328	expressway or transportation authority, a road and bridge
329	district, a special road and bridge district, and a regional
330	governmental unit.
331	(11)(38)  "Interactive voice response" means a software
332	application that accepts a combination of voice telephone input
333	and touch-tone keypad selection and provides appropriate
334	responses in the form of voice, fax, callback, e-mail, and other
335	media.
336	(12)(13)  "Limited access facility" means a street or
337	highway especially designed for through traffic, and over, from,
338	or to which owners or occupants of abutting land or other
339	persons have no right or easement of access, light, air, or view
340	by reason of the fact that their property abuts upon such
341	limited access facility or for any other reason. Such highways
342	or streets may be facilities from which trucks, buses, and other
343	commercial vehicles are excluded; or they may be facilities open
344	to use by all customary forms of street and highway traffic.
345	(13)(14)  "Local governmental entity" means a unit of
346	government with less than statewide jurisdiction, or any
347	officially designated public agency or authority of such a unit
348	of government, that has the responsibility for planning,
349	construction, operation, or maintenance of, or jurisdiction
350	over, a transportation facility; the term includes, but is not
351	limited to, a county, an incorporated municipality, a
352	metropolitan planning organization, an expressway or
353	transportation authority, a road and bridge district, a special
354	road and bridge district, and a regional governmental unit.
355	(15)  "Local road" means a route providing service which is
356	of relatively low average traffic volume, short average trip
357	length or minimal through-traffic movements, and high land
358	access for abutting property.
359	(14)(16)  "Metropolitan area" means a geographic region
360	comprising as a minimum the existing urbanized area and the
361	contiguous area projected to become urbanized within a 20-year
362	forecast period. The boundaries of a metropolitan area may be
363	designated so as to encompass a metropolitan statistical area or
364	a consolidated metropolitan statistical area. If a metropolitan
365	area, or any part thereof, is located within a nonattainment
366	area, the boundaries of the metropolitan area must be designated
367	so as to include the boundaries of the entire nonattainment
368	area, unless otherwise provided by agreement between the
369	applicable metropolitan planning organization and the Governor.
370	(15)(17)  "Metropolitan statistical area" means an area
371	that includes a municipality of 50,000 persons or more, or an
372	urbanized area of at least 50,000 persons as defined by the
373	United States Bureau of the Census, provided that the component
374	county or counties have a total population of at least 100,000.
375	(16)(18)  "Nonattainment area" means an area designated by
376	the United States Environmental Protection Agency, pursuant to
377	federal law, as exceeding national primary or secondary ambient
378	air quality standards for the pollutants carbon monoxide or
379	ozone.
380	(17)(19)  "Periodic maintenance" means activities that are
381	large in scope and require a major work effort to restore
382	deteriorated components of the transportation system to a safe
383	and serviceable condition, including, but not limited to, the
384	repair of large bridge structures, major repairs to bridges and
385	bridge systems, and the mineral sealing of lengthy sections of
386	roadway.
387	(18)(20)  "Person" means any person described in s. 1.01 or
388	any unit of government in or outside the state.
389	(19)(21)  "Right of access" means the right of ingress to a
390	highway from abutting land and egress from a highway to abutting
391	land.
392	(20)(22)  "Right-of-way" means land in which the state, the
393	department, a county, or a municipality owns the fee or has an
394	easement devoted to or required for use as a transportation
395	facility.
396	(21)(23)  "Road" means a way open to travel by the public,
397	including, but not limited to, a street, highway, or alley. The
398	term includes associated sidewalks, the roadbed, the right-of-
399	way, and all culverts, drains, sluices, ditches, water storage
400	areas, waterways, embankments, slopes, retaining walls, bridges,
401	tunnels, and viaducts necessary for the maintenance of travel
402	and all ferries used in connection therewith.
403	(22)(24)  "Routine maintenance" means minor repairs and
404	associated tasks necessary to maintain a safe and efficient
405	transportation system. The term includes: pavement patching;
406	shoulder repair; cleaning and repair of drainage ditches,
407	traffic signs, and structures; mowing; bridge inspection and
408	maintenance; pavement striping; litter cleanup; and other
409	similar activities.
410	(23)(25)  "State Highway System" means the following, which
411	shall be facilities to which access is regulated:
412	(a)  the interstate system and all other roads within the
413	state which were under the jurisdiction of the state on June 10,
414	1995, and roads constructed by an agency of the state for the
415	State Highway System, and roads transferred to the state's
416	jurisdiction after that date by mutual consent with another
417	governmental entity, but not roads so transferred from the
418	state's jurisdiction. Such facilities shall be facilities to
419	which access is regulated.;
420	(b)  All rural arterial routes and their extensions into
421	and through urban areas;
422	(c)  All urban principal arterial routes; and
423	(d)  The urban minor arterial mileage on the existing State
424	Highway System as of July 1, 1987, plus additional mileage to
425	comply with the 2-percent requirement as described below.
426
427	However, not less than 2 percent of the public road mileage of
428	each urbanized area on record as of June 30, 1986, shall be
429	included as minor arterials in the State Highway System.
430	Urbanized areas not meeting the foregoing minimum requirement
431	shall have transferred to the State Highway System additional
432	minor arterials of the highest significance in which case the
433	total minor arterials in the State Highway System from any
434	urbanized area shall not exceed 2.5 percent of that area's total
435	public urban road mileage.
436	(24)(26)  "State Park Road System" means roads embraced
437	within the boundaries of state parks and state roads leading to
438	state parks, other than roads of the State Highway System, the
439	county road systems, or the city street systems.
440	(25)(27)  "State road" means a street, road, highway, or
441	other way open to travel by the public generally and dedicated
442	to the public use according to law or by prescription and
443	designated by the department, as provided by law, as part of the
444	State Highway System.
445	(26)(28)  "Structure" means a bridge, viaduct, tunnel,
446	causeway, approach, ferry slip, culvert, toll plaza, gate, or
447	other similar facility used in connection with a transportation
448	facility.
449	(27)(29)  "Sufficiency rating" means the objective rating
450	of a road or section of a road for the purpose of determining
451	its capability to serve properly the actual or anticipated
452	volume of traffic using the road.
453	(28)(30)  "Transportation corridor" means any land area
454	designated by the state, a county, or a municipality which is
455	between two geographic points and which area is used or suitable
456	for the movement of people and goods by one or more modes of
457	transportation, including areas necessary for management of
458	access and securing applicable approvals and permits.
459	Transportation corridors shall contain, but are not limited to,
460	the following:
461	(a)  Existing publicly owned rights-of-way;
462	(b)  All property or property interests necessary for
463	future transportation facilities, including rights of access,
464	air, view, and light, whether public or private, for the purpose
465	of securing and utilizing future transportation rights-of-way,
466	including, but not limited to, any lands reasonably necessary
467	now or in the future for securing applicable approvals and
468	permits, borrow pits, drainage ditches, water retention areas,
469	rest areas, replacement access for landowners whose access could
470	be impaired due to the construction of a future facility, and
471	replacement rights-of-way for relocation of rail and utility
472	facilities.
473	(29)(31)  "Transportation facility" means any means for the
474	transportation of people or property from place to place which
475	is constructed, operated, or maintained in whole or in part from
476	public funds. The term includes the property or property rights,
477	both real and personal, which have been or may be established by
478	public bodies for the transportation of people or property from
479	place to place.
480	(30)(32)  "Urban area" means a geographic region comprising
481	as a minimum the area inside the United States Bureau of the
482	Census boundary of an urban place with a population of 5,000 or
483	more persons, expanded to include adjacent developed areas as
484	provided for by Federal Highway Administration regulations.
485	(33)  "Urban minor arterial road" means a route that
486	generally interconnects with and augments an urban principal
487	arterial road and provides service to trips of shorter length
488	and a lower level of travel mobility. The term includes all
489	arterials not classified as "principal" and contain facilities
490	that place more emphasis on land access than the higher system.
491	(31)(34)  "Urban place" means a geographic region composed
492	of one or more contiguous census tracts that have been found by
493	the United States Bureau of the Census to contain a population
494	density of at least 1,000 persons per square mile.
495	(35)  "Urban principal arterial road" means a route that
496	generally serves the major centers of activity of an urban area,
497	the highest traffic volume corridors, and the longest trip
498	purpose and carries a high proportion of the total urban area
499	travel on a minimum of mileage. Such roads are integrated, both
500	internally and between major rural connections.
501	(32)(36)  "Urbanized area" means a geographic region
502	comprising as a minimum the area inside an urban place of 50,000
503	or more persons, as designated by the United States Bureau of
504	the Census, expanded to include adjacent developed areas as
505	provided for by Federal Highway Administration regulations.
506	Urban areas with a population of fewer than 50,000 persons which
507	are located within the expanded boundary of an urbanized area
508	are not separately recognized.
509	Section 6.  Subsections (11) and (13) of section 334.044,
510	Florida Statutes, are amended to read:
511	334.044  Department; powers and duties.-The department
512	shall have the following general powers and duties:
513	(11)  To establish a numbering system for public roads, and
514	to functionally classify such roads, and to assign
515	jurisdictional responsibility.
516	(13)  To designate existing and to plan proposed
517	transportation facilities as part of the State Highway System,
518	and to construct, maintain, and operate such facilities.
519	Section 7.  Section 334.047, Florida Statutes, is amended
520	to read:
521	334.047  Prohibition.-Notwithstanding any other provision
522	of law to the contrary, the Department of Transportation may not
523	establish a cap on the number of miles in the State Highway
524	System or a maximum number of miles of urban principal arterial
525	roads, as defined in s. 334.03, within a district or county.
526	Section 8.  Subsection (5) of section 336.021, Florida
527	Statutes, is amended to read:
528	336.021  County transportation system; levy of ninth-cent
529	fuel tax on motor fuel and diesel fuel.-
530	(5)  All impositions of the tax shall be levied before
531	October 1 July 1 of each year to be effective January 1 of the
532	following year. However, levies of the tax which were in effect
533	on July 1, 2002, and which expire on August 31 of any year may
534	be reimposed at the current authorized rate to be effective
535	September 1 of the year of expiration. All impositions shall be
536	required to end on December 31 of a year. A decision to rescind
537	the tax shall not take effect on any date other than December 31
538	and shall require a minimum of 60 days' notice to the department
539	of such decision.
540	Section 9.  Paragraphs (a) and (b) of subsection (1),
541	paragraph (a) of subsection (5), and paragraphs (d) and (e) of
542	subsection (7) of section 336.025, Florida Statutes, are amended
543	to read:
544	336.025  County transportation system; levy of local option
545	fuel tax on motor fuel and diesel fuel.-
546	(1)(a)  In addition to other taxes allowed by law, there
547	may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
548	1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
549	fuel tax upon every gallon of motor fuel and diesel fuel sold in
550	a county and taxed under the provisions of part I or part II of
551	chapter 206.
552	1.  All impositions and rate changes of the tax shall be
553	levied before October 1 July 1 to be effective January 1 of the
554	following year for a period not to exceed 30 years, and the
555	applicable method of distribution shall be established pursuant
556	to subsection (3) or subsection (4). However, levies of the tax
557	which were in effect on July 1, 2002, and which expire on August
558	31 of any year may be reimposed at the current authorized rate
559	effective September 1 of the year of expiration. Upon
560	expiration, the tax may be relevied provided that a
561	redetermination of the method of distribution is made as
562	provided in this section.
563	2.  County and municipal governments shall utilize moneys
564	received pursuant to this paragraph only for transportation
565	expenditures.
566	3.  Any tax levied pursuant to this paragraph may be
567	extended on a majority vote of the governing body of the county.
568	A redetermination of the method of distribution shall be
569	established pursuant to subsection (3) or subsection (4), if,
570	after July 1, 1986, the tax is extended or the tax rate changed,
571	for the period of extension or for the additional tax.
572	(b)  In addition to other taxes allowed by law, there may
573	be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
574	cent, 4-cent, or 5-cent local option fuel tax upon every gallon
575	of motor fuel sold in a county and taxed under the provisions of
576	part I of chapter 206. The tax shall be levied by an ordinance
577	adopted by a majority plus one vote of the membership of the
578	governing body of the county or by referendum.
579	1.  All impositions and rate changes of the tax shall be
580	levied before October 1 July 1, to be effective January 1 of the
581	following year. However, levies of the tax which were in effect
582	on July 1, 2002, and which expire on August 31 of any year may
583	be reimposed at the current authorized rate effective September
584	1 of the year of expiration.
585	2.  The county may, prior to levy of the tax, establish by
586	interlocal agreement with one or more municipalities located
587	therein, representing a majority of the population of the
588	incorporated area within the county, a distribution formula for
589	dividing the entire proceeds of the tax among county government
590	and all eligible municipalities within the county. If no
591	interlocal agreement is adopted before the effective date of the
592	tax, tax revenues shall be distributed pursuant to the
593	provisions of subsection (4). If no interlocal agreement exists,
594	a new interlocal agreement may be established prior to June 1 of
595	any year pursuant to this subparagraph. However, any interlocal
596	agreement agreed to under this subparagraph after the initial
597	levy of the tax or change in the tax rate authorized in this
598	section shall under no circumstances materially or adversely
599	affect the rights of holders of outstanding bonds which are
600	backed by taxes authorized by this paragraph, and the amounts
601	distributed to the county government and each municipality shall
602	not be reduced below the amount necessary for the payment of
603	principal and interest and reserves for principal and interest
604	as required under the covenants of any bond resolution
605	outstanding on the date of establishment of the new interlocal
606	agreement.
607	3.  County and municipal governments shall use moneys
608	received pursuant to this paragraph for transportation
609	expenditures needed to meet the requirements of the capital
610	improvements element of an adopted comprehensive plan or for
611	expenditures needed to meet immediate local transportation
612	problems and for other transportation-related expenditures that
613	are critical for building comprehensive roadway networks by
614	local governments. For purposes of this paragraph, expenditures
615	for the construction of new roads, the reconstruction or
616	resurfacing of existing paved roads, or the paving of existing
617	graded roads shall be deemed to increase capacity and such
618	projects shall be included in the capital improvements element
619	of an adopted comprehensive plan. Expenditures for purposes of
620	this paragraph shall not include routine maintenance of roads.
621	(5)(a)  By October 1 July 1 of each year, the county shall
622	notify the Department of Revenue of the rate of the taxes levied
623	pursuant to paragraphs (1)(a) and (b), and of its decision to
624	rescind or change the rate of a tax, if applicable, and shall
625	provide the department with a certified copy of the interlocal
626	agreement established under subparagraph (1)(b)2. or
627	subparagraph (3)(a)1. with distribution proportions established
628	by such agreement or pursuant to subsection (4), if applicable.
629	A decision to rescind a tax shall not take effect on any date
630	other than December 31 and shall require a minimum of 60 days'
631	notice to the Department of Revenue of such decision.
632	(7)  For the purposes of this section, "transportation
633	expenditures" means expenditures by the local government from
634	local or state shared revenue sources, excluding expenditures of
635	bond proceeds, for the following programs:
636	(d)  Street lighting installation, operation, and
637	maintenance.
638	(e)  Traffic signs;, traffic engineering;, signalization
639	installation, operation, and maintenance; and pavement markings.
640	Section 10.  Subsection (4) of section 337.111, Florida
641	Statutes, is amended to read:
642	337.111  Contracting for monuments and memorials to
643	military veterans at rest areas.-The Department of
644	Transportation is authorized to enter into contract with any
645	not-for-profit group or organization that has been operating for
646	not less than 2 years for the installation of monuments and
647	memorials honoring Florida's military veterans at highway rest
648	areas around the state pursuant to the provisions of this
649	section.
650	(4)  The group or organization making the proposal shall
651	provide a 10-year bond, an annual renewable bond, an irrevocable
652	letter of credit, or other form of security as approved by the
653	department's comptroller, for the purpose of securing the cost
654	of removal of the monument and any modifications made to the
655	site as part of the placement of the monument should the
656	Department of Transportation determine it necessary to remove or
657	relocate the monument. Such removal or relocation shall be
658	approved by the committee described in subsection (1). Prior to
659	expiration, the bond shall be renewed for another 10-year period
660	if the memorial is to remain in place.
661	Section 11.  Section 337.403, Florida Statutes, is amended
662	to read:
663	337.403  Interference caused by Relocation of utility;
664	expenses.-
665	(1)  When a Any utility heretofore or hereafter placed
666	upon, under, over, or along any public road or publicly owned
667	rail corridor that is found by the authority to be unreasonably
668	interfering in any way with the convenient, safe, or continuous
669	use, or the maintenance, improvement, extension, or expansion,
670	of such public road or publicly owned rail corridor, the utility
671	owner shall, upon 30 days' written notice to the utility or its
672	agent by the authority, initiate the work necessary to alleviate
673	the interference be removed or relocated by such utility at its
674	own expense except as provided in paragraphs (a)-(f). The work
675	shall be completed within such time as stated in the notice or
676	such time as agreed to by the authority and the utility owner.
677	(a)  If the relocation of utility facilities, as referred
678	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
679	627 of the 84th Congress, is necessitated by the construction of
680	a project on the federal-aid interstate system, including
681	extensions thereof within urban areas, and the cost of the
682	project is eligible and approved for reimbursement by the
683	Federal Government to the extent of 90 percent or more under the
684	Federal Aid Highway Act, or any amendment thereof, then in that
685	event the utility owning or operating such facilities shall
686	perform any necessary work relocate the facilities upon notice
687	from order of the department, and the state shall pay the entire
688	expense properly attributable to such work relocation after
689	deducting therefrom any increase in the value of any the new
690	facility and any salvage value derived from any the old
691	facility.
692	(b)  When a joint agreement between the department and the
693	utility is executed for utility improvement, relocation, or
694	removal work to be accomplished as part of a contract for
695	construction of a transportation facility, the department may
696	participate in those utility work improvement, relocation, or
697	removal costs that exceed the department's official estimate of
698	the cost of the work by more than 10 percent. The amount of such
699	participation shall be limited to the difference between the
700	official estimate of all the work in the joint agreement plus 10
701	percent and the amount awarded for this work in the construction
702	contract for such work. The department may not participate in
703	any utility work improvement, relocation, or removal costs that
704	occur as a result of changes or additions during the course of
705	the contract.
706	(c)  When an agreement between the department and utility
707	is executed for utility improvement, relocation, or removal work
708	to be accomplished in advance of a contract for construction of
709	a transportation facility, the department may participate in the
710	cost of clearing and grubbing necessary to perform such work.
711	(d)  If the utility facility involved being removed or
712	relocated was initially installed to exclusively serve the
713	department, its tenants, or both, the department shall bear the
714	costs of the utility work removing or relocating that utility
715	facility. However, the department is not responsible for bearing
716	the cost of utility work related to removing or relocating any
717	subsequent additions to that facility for the purpose of serving
718	others.
719	(e)  If, under an agreement between a utility and the
720	authority entered into after July 1, 2009, the utility conveys,
721	subordinates, or relinquishes a compensable property right to
722	the authority for the purpose of accommodating the acquisition
723	or use of the right-of-way by the authority, without the
724	agreement expressly addressing future responsibility for the
725	cost of necessary utility work removing or relocating the
726	utility, the authority shall bear the cost of removal or
727	relocation. This paragraph does not impair or restrict, and may
728	not be used to interpret, the terms of any such agreement
729	entered into before July 1, 2009.
730	(f)  If the utility is an electric facility being relocated
731	underground in order to enhance vehicular, bicycle, and
732	pedestrian safety and in which ownership of the electric
733	facility to be placed underground has been transferred from a
734	private to a public utility within the past 5 years, the
735	department shall incur all costs of the necessary utility work
736	relocation.
737	(2)  If such utility work removal or relocation is
738	incidental to work to be done on such road or publicly owned
739	rail corridor, the notice shall be given at the same time the
740	contract for the work is advertised for bids, or no less than 30
741	days prior to the commencement of such work by the authority,
742	whichever is greater.
743	(3)  Whenever the notice from an order of the authority
744	requires such utility work removal or change in the location of
745	any utility from the right-of-way of a public road or publicly
746	owned rail corridor, and the owner thereof fails perform the
747	work to remove or change the same at his or her own expense to
748	conform to the order within the time stated in the notice or
749	such other time as agreed to by the authority and the utility
750	owner, the authority shall proceed to cause the utility work to
751	be performed to be removed. The expense thereby incurred shall
752	be paid out of any money available therefor, and such expense
753	shall, except as provided in subsection (1), be charged against
754	the owner and levied and collected and paid into the fund from
755	which the expense of such relocation was paid.
756	Section 12.  Subsection (1) of section 337.404, Florida
757	Statutes, is amended to read:
758	337.404  Removal or relocation of utility facilities;
759	notice and order; court review.-
760	(1)  Whenever it shall become necessary for the authority
761	to perform utility work remove or relocate any utility as
762	provided in s. 337.403 the preceding section, the owner of the
763	utility, or the owner's chief agent, shall be given notice that
764	the authority will perform of such work removal or relocation
765	and, after the work is complete, shall be given an order
766	requiring the payment of the cost thereof, and a shall be given
767	reasonable time, which shall not be less than 20 nor more than
768	30 days, in which to appear before the authority to contest the
769	reasonableness of the order. Should the owner or the owner's
770	representative not appear, the determination of the cost to the
771	owner shall be final. Authorities considered agencies for the
772	purposes of chapter 120 shall adjudicate removal or relocation
773	of utilities pursuant to chapter 120.
774	Section 13.  Subsections (1) and (4) of section 337.408,
775	Florida Statutes, are amended to read:
776	337.408  Regulation of bus stops, benches, transit
777	shelters, street light poles, waste disposal receptacles, and
778	modular news racks within rights-of-way.-
779	(1)  Benches or transit shelters, including advertising
780	displayed on benches or transit shelters, may be installed
781	within the right-of-way limits of any municipal, county, or
782	state road, except a limited access highway, provided that such
783	benches or transit shelters are for the comfort or convenience
784	of the general public or are at designated stops on official bus
785	routes and provided that written authorization has been given to
786	a qualified private supplier of such service by the municipal
787	government within whose incorporated limits such benches or
788	transit shelters are installed or by the county government
789	within whose unincorporated limits such benches or transit
790	shelters are installed. A municipality or county may authorize
791	the installation, without public bid, of benches and transit
792	shelters together with advertising displayed thereon within the
793	right-of-way limits of such roads. All installations shall be in
794	compliance with all applicable laws and rules, including,
795	without limitation, the Americans with Disabilities Act.
796	Municipalities or counties shall indemnify, defend, and hold
797	harmless the department from any suits, actions, proceedings,
798	claims, losses, costs, charges, expenses, damages, liabilities,
799	attorney fees, and court costs relating to the installation,
800	removal, or relocation of such installations. Any contract for
801	the installation of benches or transit shelters or advertising
802	on benches or transit shelters which was entered into before
803	April 8, 1992, without public bidding is ratified and affirmed.
804	Such benches or transit shelters may not interfere with right-
805	of-way preservation and maintenance. Any bench or transit
806	shelter located on a sidewalk within the right-of-way limits of
807	any road on the State Highway System or the county road system
808	shall be located so as to leave at least 36 inches of clearance
809	for pedestrians and persons in wheelchairs. Such clearance shall
810	be measured in a direction perpendicular to the centerline of
811	the road.
812	(4)  The department has the authority to direct the
813	immediate relocation or removal of any bus stop, bench, transit
814	shelter, waste disposal receptacle, public pay telephone, or
815	modular news rack that endangers life or property, or that is
816	otherwise not in compliance with applicable laws and rules,
817	except that transit bus benches that were placed in service
818	before April 1, 1992, are not required to comply with bench size
819	and advertising display size requirements established by the
820	department before March 1, 1992. If a municipality or county
821	fails to comply with the department's direction, the department
822	shall remove the noncompliant installation, charge the cost of
823	the removal to the municipality or county, and may deduct or
824	offset such cost from any other funding available to the
825	municipality or county from the department. Any transit bus
826	bench that was in service before April 1, 1992, may be replaced
827	with a bus bench of the same size or smaller, if the bench is
828	damaged or destroyed or otherwise becomes unusable. The
829	department may adopt rules relating to the regulation of bench
830	size and advertising display size requirements. If a
831	municipality or county within which a bench is to be located has
832	adopted an ordinance or other applicable regulation that
833	establishes bench size or advertising display sign requirements
834	different from requirements specified in department rule, the
835	local government requirement applies within the respective
836	municipality or county. Placement of any bench or advertising
837	display on the National Highway System under a local ordinance
838	or regulation adopted under this subsection is subject to
839	approval of the Federal Highway Administration.
840	Section 14.  Chapter 338, Florida Statutes, is retitled
841	"LIMITED ACCESS AND TOLL FACILITIES."
842	Section 15.  Section 338.001, Florida Statutes, is
843	repealed.
844	Section 16.  Subsections (1) through (6) of section 338.01,
845	Florida Statutes, are renumbered as subsections (2) through (7),
846	respectively, and a new subsection (1) is added to that section
847	to read:
848	338.01  Authority to establish and regulate limited access
849	facilities.-
850	(1)  The department is authorized to establish limited
851	access facilities as provided in s. 335.02. The primary function
852	of such limited access facilities is to allow high-speed and
853	high-volume traffic movements within the state. Access to
854	abutting land is subordinate to this function, and such access
855	must be prohibited or highly regulated.
856	Section 17.  Section 339.155, Florida Statutes, is amended
857	to read:
858	339.155  Transportation planning.-
859	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
860	develop and annually update a statewide transportation plan, to
861	be known as the Florida Transportation Plan. The plan shall be
862	designed so as to be easily read and understood by the general
863	public. The purpose of the Florida Transportation Plan is to
864	establish and define the state's long-range transportation goals
865	and objectives to be accomplished over a period of at least 20
866	years within the context of the State Comprehensive Plan, and
867	any other statutory mandates and authorizations and based upon
868	the prevailing principles of: preserving the existing
869	transportation infrastructure; enhancing Florida's economic
870	competitiveness; and improving travel choices to ensure
871	mobility. The Florida Transportation Plan shall consider the
872	needs of the entire state transportation system and examine the
873	use of all modes of transportation to effectively and
874	efficiently meet such needs.
875	(2)  SCOPE OF PLANNING PROCESS.-The department shall carry
876	out a transportation planning process in conformance with s.
877	334.046(1) and 23 U.S.C. s. 135. which provides for
878	consideration of projects and strategies that will:
879	(a)  Support the economic vitality of the United States,
880	Florida, and the metropolitan areas, especially by enabling
881	global competitiveness, productivity, and efficiency;
882	(b)  Increase the safety and security of the transportation
883	system for motorized and nonmotorized users;
884	(c)  Increase the accessibility and mobility options
885	available to people and for freight;
886	(d)  Protect and enhance the environment, promote energy
887	conservation, and improve quality of life;
888	(e)  Enhance the integration and connectivity of the
889	transportation system, across and between modes throughout
890	Florida, for people and freight;
891	(f)  Promote efficient system management and operation; and
892	(g)  Emphasize the preservation of the existing
893	transportation system.
894	(3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
895	Transportation Plan shall be a unified, concise planning
896	document that clearly defines the state's long-range
897	transportation goals and objectives and documents the
898	department's short-range objectives developed to further such
899	goals and objectives. The plan shall:
900	(a)  Include a glossary that clearly and succinctly defines
901	any and all phrases, words, or terms of art included in the
902	plan, with which the general public may be unfamiliar. and shall
903	consist of, at a minimum, the following components:
904	(b)(a)  Document A long-range component documenting the
905	goals and long-term objectives necessary to implement the
906	results of the department consistent with department's findings
907	from its examination of the criteria listed in subsection (2)
908	and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
909	must
910	(c)  Be developed in cooperation with the metropolitan
911	planning organizations and reconciled, to the maximum extent
912	feasible, with the long-range plans developed by metropolitan
913	planning organizations pursuant to s. 339.175. The plan must
914	also
915	(d)  Be developed in consultation with affected local
916	officials in nonmetropolitan areas and with any affected Indian
917	tribal governments. The plan must
918	(e)  Provide an examination of transportation issues likely
919	to arise during at least a 20-year period. The long-range
920	component shall
921	(f)  Be updated at least once every 5 years, or more often
922	as necessary, to reflect substantive changes to federal or state
923	law.
924	(b)  A short-range component documenting the short-term
925	objectives and strategies necessary to implement the goals and
926	long-term objectives contained in the long-range component. The
927	short-range component must define the relationship between the
928	long-range goals and the short-range objectives, specify those
929	objectives against which the department's achievement of such
930	goals will be measured, and identify transportation strategies
931	necessary to efficiently achieve the goals and objectives in the
932	plan. It must provide a policy framework within which the
933	department's legislative budget request, the strategic
934	information resource management plan, and the work program are
935	developed. The short-range component shall serve as the
936	department's annual agency strategic plan pursuant to s.
937	186.021. The short-range component shall be developed consistent
938	with available and forecasted state and federal funds. The
939	short-range component shall also be submitted to the Florida
940	Transportation Commission.
941	(4)  ANNUAL PERFORMANCE REPORT.-The department shall
942	develop an annual performance report evaluating the operation of
943	the department for the preceding fiscal year. The report shall
944	also include a summary of the financial operations of the
945	department and shall annually evaluate how well the adopted work
946	program meets the short-term objectives contained in the short-
947	range component of the Florida Transportation Plan. This
948	performance report shall be submitted to the Florida
949	Transportation Commission and the legislative appropriations and
950	transportation committees.
951	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.-
952	(a)  Upon request by local governmental entities, the
953	department may in its discretion develop and design
954	transportation corridors, arterial and collector streets,
955	vehicular parking areas, and other support facilities which are
956	consistent with the plans of the department for major
957	transportation facilities. The department may render to local
958	governmental entities or their planning agencies such technical
959	assistance and services as are necessary so that local plans and
960	facilities are coordinated with the plans and facilities of the
961	department.
962	(b)  Each regional planning council, as provided for in s.
963	186.504, or any successor agency thereto, shall develop, as an
964	element of its strategic regional policy plan, transportation
965	goals and policies. The transportation goals and policies must
966	be prioritized to comply with the prevailing principles provided
967	in subsection (2) and s. 334.046(1). The transportation goals
968	and policies shall be consistent, to the maximum extent
969	feasible, with the goals and policies of the metropolitan
970	planning organization and the Florida Transportation Plan. The
971	transportation goals and policies of the regional planning
972	council will be advisory only and shall be submitted to the
973	department and any affected metropolitan planning organization
974	for their consideration and comments. Metropolitan planning
975	organization plans and other local transportation plans shall be
976	developed consistent, to the maximum extent feasible, with the
977	regional transportation goals and policies. The regional
978	planning council shall review urbanized area transportation
979	plans and any other planning products stipulated in s. 339.175
980	and provide the department and respective metropolitan planning
981	organizations with written recommendations which the department
982	and the metropolitan planning organizations shall take under
983	advisement. Further, the regional planning councils shall
984	directly assist local governments which are not part of a
985	metropolitan area transportation planning process in the
986	development of the transportation element of their comprehensive
987	plans as required by s. 163.3177.
988	(c)  Regional transportation plans may be developed in
989	regional transportation areas in accordance with an interlocal
990	agreement entered into pursuant to s. 163.01 by two or more
991	contiguous metropolitan planning organizations; one or more
992	metropolitan planning organizations and one or more contiguous
993	counties, none of which is a member of a metropolitan planning
994	organization; a multicounty regional transportation authority
995	created by or pursuant to law; two or more contiguous counties
996	that are not members of a metropolitan planning organization; or
997	metropolitan planning organizations comprised of three or more
998	counties.
999	(d)  The interlocal agreement must, at a minimum, identify
1000	the entity that will coordinate the development of the regional
1001	transportation plan; delineate the boundaries of the regional
1002	transportation area; provide the duration of the agreement and
1003	specify how the agreement may be terminated, modified, or
1004	rescinded; describe the process by which the regional
1005	transportation plan will be developed; and provide how members
1006	of the entity will resolve disagreements regarding
1007	interpretation of the interlocal agreement or disputes relating
1008	to the development or content of the regional transportation
1009	plan. Such interlocal agreement shall become effective upon its
1010	recordation in the official public records of each county in the
1011	regional transportation area.
1012	(e)  The regional transportation plan developed pursuant to
1013	this section must, at a minimum, identify regionally significant
1014	transportation facilities located within a regional
1015	transportation area and contain a prioritized list of regionally
1016	significant projects. The level-of-service standards for
1017	facilities to be funded under this subsection shall be adopted
1018	by the appropriate local government in accordance with s.
1019	163.3180(10). The projects shall be adopted into the capital
1020	improvements schedule of the local government comprehensive plan
1021	pursuant to s. 163.3177(3).
1022	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1023	TRANSPORTATION PLANNING.-
1024	(a)  During the development of the long-range component of
1025	the Florida Transportation Plan and prior to substantive
1026	revisions, the department shall provide citizens, affected
1027	public agencies, representatives of transportation agency
1028	employees, other affected employee representatives, private
1029	providers of transportation, and other known interested parties
1030	with an opportunity to comment on the proposed plan or
1031	revisions. These opportunities shall include, at a minimum,
1032	publishing a notice in the Florida Administrative Weekly and
1033	within a newspaper of general circulation within the area of
1034	each department district office.
1035	(b)  During development of major transportation
1036	improvements, such as those increasing the capacity of a
1037	facility through the addition of new lanes or providing new
1038	access to a limited or controlled access facility or
1039	construction of a facility in a new location, the department
1040	shall hold one or more hearings prior to the selection of the
1041	facility to be provided; prior to the selection of the site or
1042	corridor of the proposed facility; and prior to the selection of
1043	and commitment to a specific design proposal for the proposed
1044	facility. Such public hearings shall be conducted so as to
1045	provide an opportunity for effective participation by interested
1046	persons in the process of transportation planning and site and
1047	route selection and in the specific location and design of
1048	transportation facilities. The various factors involved in the
1049	decision or decisions and any alternative proposals shall be
1050	clearly presented so that the persons attending the hearing may
1051	present their views relating to the decision or decisions which
1052	will be made.
1053	(c)  Opportunity for design hearings:
1054	1.  The department, prior to holding a design hearing,
1055	shall duly notify all affected property owners of record, as
1056	recorded in the property appraiser's office, by mail at least 20
1057	days prior to the date set for the hearing. The affected
1058	property owners shall be:
1059	a.  Those whose property lies in whole or in part within
1060	300 feet on either side of the centerline of the proposed
1061	facility.
1062	b.  Those whom the department determines will be
1063	substantially affected environmentally, economically, socially,
1064	or safetywise.
1065	2.  For each subsequent hearing, the department shall
1066	publish notice prior to the hearing date in a newspaper of
1067	general circulation for the area affected. These notices must be
1068	published twice, with the first notice appearing at least 15
1069	days, but no later than 30 days, before the hearing.
1070	3.  A copy of the notice of opportunity for the hearing
1071	must be furnished to the United States Department of
1072	Transportation and to the appropriate departments of the state
1073	government at the time of publication.
1074	4.  The opportunity for another hearing shall be afforded
1075	in any case when proposed locations or designs are so changed
1076	from those presented in the notices specified above or at a
1077	hearing as to have a substantially different social, economic,
1078	or environmental effect.
1079	5.  The opportunity for a hearing shall be afforded in each
1080	case in which the department is in doubt as to whether a hearing
1081	is required.
1082	Section 18.  Section 339.62, Florida Statutes, is amended
1083	to read:
1084	339.62  System components.-The Strategic Intermodal System
1085	shall consist of appropriate components of:
1086	(1)  Highway corridors The Florida Intrastate Highway
1087	System established under s. 339.65 s. 338.001.
1088	(2)  The National Highway System.
1089	(3)  Airport, seaport, and spaceport facilities.
1090	(4)  Rail lines and rail facilities.
1091	(5)  Selected intermodal facilities; passenger and freight
1092	terminals; and appropriate components of the State Highway
1093	System, county road system, city street system, inland
1094	waterways, and local public transit systems that serve as
1095	existing or planned connectors between the components listed in
1096	subsections (1)-(4).
1097	(6)  Other existing or planned corridors that serve a
1098	statewide or interregional purpose.
1099	Section 19.  Subsection (2) of section 339.63, Florida
1100	Statutes, is amended to read:
1101	339.63  System facilities designated; additions and
1102	deletions.-
1103	(2)  The Strategic Intermodal System and the Emerging
1104	Strategic Intermodal System include four three different types
1105	of facilities that each form one component of an interconnected
1106	transportation system which types include:
1107	(a)  Existing or planned hubs that are ports and terminals
1108	including airports, seaports, spaceports, passenger terminals,
1109	and rail terminals serving to move goods or people between
1110	Florida regions or between Florida and other markets in the
1111	United States and the rest of the world;
1112	(b)  Existing or planned corridors that are highways, rail
1113	lines, waterways, and other exclusive-use facilities connecting
1114	major markets within Florida or between Florida and other states
1115	or nations; and
1116	(c)  Existing or planned intermodal connectors that are
1117	highways, rail lines, waterways or local public transit systems
1118	serving as connectors between the components listed in
1119	paragraphs (a) and (b).
1120	(d)  Existing or planned military access facilities that
1121	are highways or rail lines linking Strategic Intermodal System
1122	corridors to the state's strategic military installations.
1123	Section 20.  Section 339.64, Florida Statutes, is amended
1124	to read:
1125	339.64  Strategic Intermodal System Plan.-
1126	(1)  The department shall develop, in cooperation with
1127	metropolitan planning organizations, regional planning councils,
1128	local governments, the Statewide Intermodal Transportation
1129	Advisory Council and other transportation providers, a Strategic
1130	Intermodal System Plan. The plan shall be consistent with the
1131	Florida Transportation Plan developed pursuant to s. 339.155 and
1132	shall be updated at least once every 5 years, subsequent to
1133	updates of the Florida Transportation Plan.
1134	(2)  In association with the continued development of the
1135	Strategic Intermodal System Plan, the Florida Transportation
1136	Commission, as part of its work program review process, shall
1137	conduct an annual assessment of the progress that the department
1138	and its transportation partners have made in realizing the goals
1139	of economic development, improved mobility, and increased
1140	intermodal connectivity of the Strategic Intermodal System. The
1141	Florida Transportation Commission shall coordinate with the
1142	department, the Statewide Intermodal Transportation Advisory
1143	Council, and other appropriate entities when developing this
1144	assessment. The Florida Transportation Commission shall deliver
1145	a report to the Governor and Legislature no later than 14 days
1146	after the regular session begins, with recommendations as
1147	necessary to fully implement the Strategic Intermodal System.
1148	(3)(a)  During the development of updates to the Strategic
1149	Intermodal System Plan, the department shall provide
1150	metropolitan planning organizations, regional planning councils,
1151	local governments, transportation providers, affected public
1152	agencies, and citizens with an opportunity to participate in and
1153	comment on the development of the update.
1154	(b)  The department also shall coordinate with federal,
1155	regional, and local partners the planning for the Strategic
1156	Highway Network and the Strategic Rail Corridor Network
1157	transportation facilities that either are included in the
1158	Strategic Intermodal System or that provide a direct connection
1159	between military installations and the Strategic Intermodal
1160	System. In addition, the department shall coordinate with
1161	regional and local partners to determine whether the road and
1162	other transportation infrastructure that connect military
1163	installations to the Strategic Intermodal System, the Strategic
1164	Highway Network, or the Strategic Rail Corridor is regionally
1165	significant and should be included in the Strategic Intermodal
1166	System Plan.
1167	(4)  The Strategic Intermodal System Plan shall include the
1168	following:
1169	(a)  A needs assessment.
1170	(b)  A project prioritization process.
1171	(c)  A map of facilities designated as Strategic Intermodal
1172	System facilities; facilities that are emerging in importance
1173	and that are likely to become part of the system in the future;
1174	and planned facilities that will meet the established criteria.
1175	(d)  A finance plan based on reasonable projections of
1176	anticipated revenues, including both 10-year and at least 20-
1177	year cost-feasible components.
1178	(e)  An assessment of the impacts of proposed improvements
1179	to Strategic Intermodal System corridors on military
1180	installations that are either located directly on the Strategic
1181	Intermodal System or located on the Strategic Highway Network or
1182	Strategic Rail Corridor Network.
1183	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.-
1184	(a)  The Statewide Intermodal Transportation Advisory
1185	Council is created to advise and make recommendations to the
1186	Legislature and the department on policies, planning, and
1187	funding of intermodal transportation projects. The council's
1188	responsibilities shall include:
1189	1.  Advising the department on the policies, planning, and
1190	implementation of strategies related to intermodal
1191	transportation.
1192	2.  Providing advice and recommendations to the Legislature
1193	on funding for projects to move goods and people in the most
1194	efficient and effective manner for the State of Florida.
1195	(b)  MEMBERSHIP.-Members of the Statewide Intermodal
1196	Transportation Advisory Council shall consist of the following:
1197	1.  Six intermodal industry representatives selected by the
1198	Governor as follows:
1199	a.  One representative from an airport involved in the
1200	movement of freight and people from their airport facility to
1201	another transportation mode.
1202	b.  One individual representing a fixed-route, local-
1203	government transit system.
1204	c.  One representative from an intercity bus company
1205	providing regularly scheduled bus travel as determined by
1206	federal regulations.
1207	d.  One representative from a spaceport.
1208	e.  One representative from intermodal trucking companies.
1209	f.  One representative having command responsibilities of a
1210	major military installation.
1211	2.  Three intermodal industry representatives selected by
1212	the President of the Senate as follows:
1213	a.  One representative from major-line railroads.
1214	b.  One representative from seaports listed in s. 311.09(1)
1215	from the Atlantic Coast.
1216	c.  One representative from an airport involved in the
1217	movement of freight and people from their airport facility to
1218	another transportation mode.
1219	3.  Three intermodal industry representatives selected by
1220	the Speaker of the House of Representatives as follows:
1221	a.  One representative from short-line railroads.
1222	b.  One representative from seaports listed in s. 311.09(1)
1223	from the Gulf Coast.
1224	c.  One representative from intermodal trucking companies.
1225	In no event may this representative be employed by the same
1226	company that employs the intermodal trucking company
1227	representative selected by the Governor.
1228	(c)  Initial appointments to the council must be made no
1229	later than 30 days after the effective date of this section.
1230	1.  The initial appointments made by the President of the
1231	Senate and the Speaker of the House of Representatives shall
1232	serve terms concurrent with those of the respective appointing
1233	officer. Beginning January 15, 2005, and for all subsequent
1234	appointments, council members appointed by the President of the
1235	Senate and the Speaker of the House of Representatives shall
1236	serve 2-year terms, concurrent with the term of the respective
1237	appointing officer.
1238	2.  The initial appointees, and all subsequent appointees,
1239	made by the Governor shall serve 2-year terms.
1240	3.  Vacancies on the council shall be filled in the same
1241	manner as the initial appointments.
1242	(d)  Each member of the council shall be allowed one vote.
1243	The council shall select a chair from among its membership.
1244	Meetings shall be held at the call of the chair, but not less
1245	frequently than quarterly. The members of the council shall be
1246	reimbursed for per diem and travel expenses as provided in s.
1247	112.061.
1248	(e)  The department shall provide administrative staff
1249	support and shall ensure that council meetings are
1250	electronically recorded. Such recordings and all documents
1251	received, prepared for, or used by the council in conducting its
1252	business shall be preserved pursuant to chapters 119 and 257.
1253	Section 21.  Section 339.65, Florida Statutes, is created
1254	to read:
1255	339.65  Strategic Intermodal System highway corridors.-
1256	(1)  The department shall plan and develop Strategic
1257	Intermodal System highway corridors, including limited and
1258	controlled access facilities, allowing for high-speed and high-
1259	volume traffic movements within the state. The primary function
1260	of these corridors is to provide such traffic movements. Access
1261	to abutting land is subordinate to this function, and such
1262	access must be prohibited or highly regulated.
1263	(2)  Strategic Intermodal System highway corridors shall
1264	include facilities from the following components of the State
1265	Highway System that meet the criteria adopted by the department
1266	pursuant to s. 339.63:
1267	(a)  Interstate highways.
1268	(b)  The Florida Turnpike System.
1269	(c)  Interregional and intercity limited access facilities.
1270	(d)  Existing interregional and intercity arterial highways
1271	previously upgraded or upgraded in the future to limited access
1272	or controlled access facility standards.
1273	(e)  New limited access facilities necessary to complete a
1274	balanced statewide system.
1275	(3)  The department shall adhere to the following policy
1276	guidelines in the development of Strategic Intermodal System
1277	highway corridors:
1278	(a)  Make capacity improvements to existing facilities
1279	where feasible to minimize costs and environmental impacts.
1280	(b)  Identify appropriate arterial highways in major
1281	transportation corridors for inclusion in a program to bring
1282	these facilities up to limited access or controlled access
1283	facility standards.
1284	(c)  Coordinate proposed projects with appropriate limited
1285	access projects undertaken by expressway authorities and local
1286	governmental entities.
1287	(d)  Maximize the use of limited access facility standards
1288	when constructing new arterial highways.
1289	(e)  Identify appropriate new limited access highways for
1290	inclusion as a part of the Florida Turnpike System.
1291	(f)  To the maximum extent feasible, ensure that proposed
1292	projects are consistent with approved local government
1293	comprehensive plans of the local jurisdictions in which such
1294	facilities are to be located and with the transportation
1295	improvement program of any metropolitan planning organization in
1296	which such facilities are to be located.
1297	(4)  The department shall develop and maintain a plan of
1298	Strategic Intermodal System highway corridor projects that are
1299	anticipated to be let to contract for construction within a time
1300	period of at least 20 years. The plan shall also identify when
1301	segments of the corridor will meet the standards and criteria
1302	developed pursuant to subsection (5).
1303	(5)  The department shall establish the standards and
1304	criteria for the functional characteristics and design of
1305	facilities proposed as part of Strategic Intermodal System
1306	highway corridors.
1307	(6)  For the purposes of developing the proposed Strategic
1308	Intermodal System highway corridors, beginning in fiscal year
1309	2003-2004 and for each fiscal year thereafter, the minimum
1310	amount allocated shall be based on the fiscal year 2003-2004
1311	allocation of $450 million adjusted annually by the change in
1312	the Consumer Price Index for the prior fiscal year compared to
1313	the Consumer Price Index for fiscal year 2003-2004.
1314	(7)  Any project to be constructed as part of a Strategic
1315	Intermodal System highway corridor shall be included in the
1316	department's adopted work program. Any Strategic Intermodal
1317	System highway corridor projects that are added to or deleted
1318	from the previous adopted work program, or any modification to
1319	Strategic Intermodal System highway corridor projects contained
1320	in the previous adopted work program, shall be specifically
1321	identified and submitted as a separate part of the tentative
1322	work program.
1323	Section 22.  Section 479.075, Florida Statutes, is created
1324	to read:
1325	479.075  Sign permit fee limitations.-
1326	(1)  As used in this section, the term:
1327	(a)  "Sign" means any sign, wall mural, or media tower as
1328	defined in s. 479.01 or as defined by a local government
1329	agreement, resolution, or ordinance.
1330	(b)  "Sign permit fee" means any payment required as a
1331	condition for building, erecting, inspecting, renewing,
1332	maintaining, operating, relocating, or reconstructing a sign or
1333	required pursuant to any agreement, ordinance, or resolution
1334	that includes any provision relating to the issuance of a sign
1335	permit or otherwise authorizing the building, erection,
1336	inspection, renewal, maintenance, operation, relocation, or
1337	reconstruction of a sign.
1338	(2)  A local government may establish by agreement,
1339	resolution, or ordinance a sign permit fee schedule and may
1340	assess fees for sign permits. The fee schedule must be based on
1341	the actual costs of administering its sign permitting program,
1342	but may not exceed $500 per sign per year.
1343	(3)  This section does not affect the validity of any other
1344	aspect of any agreement, resolution, or ordinance regarding
1345	signs or require the removal of any sign or repayment of any
1346	fees already paid. A local government that requires the removal
1347	of a sign as the result of the adoption of this section must
1348	adhere to the provision of s. 70.20(2).
1349	Section 23.  Section 479.106, Florida Statutes, is amended
1350	to read:
1351	479.106  Vegetation management.-
1352	(1)  The removal, cutting, or trimming of trees or
1353	vegetation on public right-of-way to make visible or to ensure
1354	future visibility of the facing of a proposed sign or previously
1355	permitted sign shall be performed only with the written
1356	permission of the department in accordance with the provisions
1357	of this section.
1358	(2)  Any person desiring to engage in the removal, cutting,
1359	or trimming of trees or vegetation for the purposes herein
1360	described shall apply for an appropriate permit by make written
1361	application to the department. The application for a permit
1362	shall include, at the election of the applicant, one of the
1363	following:
1364	(a)  A vegetation management plan consisting of a property
1365	sketch indicating the onsite location of the vegetation or
1366	individual trees to be removed, cut, or trimmed and describing
1367	the existing conditions and proposed work to be accomplished.
1368	(b)  Mitigation contribution to the Federal Grants Trust
1369	Fund pursuant to s. 589.277(2) using values of a wholesale plant
1370	nursery registered with the Division of Plant Industry of the
1371	Department of Agriculture and Consumer Services.
1372	(c)  A combination of both a vegetation management plan and
1373	mitigation contribution the applicant's plan for the removal,
1374	cutting, or trimming and for the management of any vegetation
1375	planted as part of a mitigation plan.
1376	(3)  In evaluating a vegetation management plan or
1377	mitigation contribution, the department As a condition of any
1378	removal of trees or vegetation, and where the department deems
1379	appropriate as a condition of any cutting or trimming, the
1380	department may require a vegetation management plan, approved by
1381	the department, which considers conservation and mitigation, or
1382	contribution to a plan of mitigation, for the replacement of
1383	such vegetation. Each plan or contribution shall reasonably
1384	evaluate the application as it relates relate to the vegetation
1385	being affected by the application, taking into consideration the
1386	condition of such vegetation, and, where appropriate, require a
1387	vegetation management plan to consider conservation and
1388	mitigation, or a contribution to a plan of mitigation, for the
1389	cutting or removal of such vegetation. The department may
1390	approve shall include plantings that which will allow reasonable
1391	visibility of sign facings while screening sign structural
1392	supports. Only herbicides approved by the Department of
1393	Agriculture and Consumer Services may be used in the removal of
1394	vegetation. The department shall act on the application for
1395	approval of vegetation management plans, or approval of
1396	mitigation contribution, within 30 days after receipt of such
1397	application. A permit issued in response to such application is
1398	valid for 5 years, may be renewed for an additional 5 years by
1399	payment of the applicable application fee, and is binding upon
1400	the department. The department may establish special mitigation
1401	programs for the beautification and aesthetic improvement of
1402	designated areas and permit individual applicants to contribute
1403	to such programs as a part or in lieu of other mitigation
1404	requirements.
1405	(4)  The department may establish an application fee not to
1406	exceed $25 for each individual application to defer the costs of
1407	processing such application and a fee not to exceed $200 to
1408	defer the costs of processing an application for multiple sites.
1409	(5)  The department may only grant a permit pursuant to s.
1410	479.07 for a new sign which requires the removal, cutting, or
1411	trimming of existing trees or vegetation on public right-of-way
1412	for the sign face to be visible from the highway when the sign
1413	owner has removed one at least two nonconforming sign signs of
1414	approximate comparable size and surrendered the permits for the
1415	nonconforming signs to the department for cancellation. For
1416	signs originally permitted after July 1, 1996, no permit for the
1417	removal, cutting, or trimming of trees or vegetation shall be
1418	granted where such trees or vegetation are part of a
1419	beautification project implemented prior to the date of the
1420	original sign permit application, when the beautification
1421	project is specifically identified in the department's
1422	construction plans, permitted landscape projects, or agreements.
1423	(6)  As a minimum, view zones shall be established along
1424	the public rights-of-way of interstate highways, expressways,
1425	federal-aid primary highways, and the State Highway System in
1426	the state, excluding privately or other publicly owned property,
1427	as follows:
1428	(a)  A view zone of 350 feet for posted speed limits of 35
1429	miles per hour or less.
1430	(b)  A view zone of 500 feet for posted speed limits of
1431	more than 35 miles per hour.
1432
1433	The established view zone shall be within the first 1,000 feet
1434	measured along the edge of the pavement in the direction of
1435	approaching traffic from a point on the edge of the pavement
1436	perpendicular to the edge of the sign facing nearest the highway
1437	and shall be continuous unless interrupted by vegetation that
1438	has established historical significance, is protected by state
1439	law, or has a circumference, measured at 4 and 1/2 feet above
1440	grade, equal to or greater than 70 percent of the circumference
1441	of the Florida Champion of the same species as listed in the
1442	Florida Register of Big Trees of the Florida Native Plant
1443	Society. The sign owner may designate the specific location of
1444	the view zone for each sign facing. In the absence of such
1445	designation, the established view zone shall be measured from
1446	the sign along the edge of the pavement in the direction of
1447	approaching traffic as provided in this subsection.
1448	(7)(6)  Beautification projects, trees, or other vegetation
1449	shall not be planted or located in the view zone of legally
1450	erected and permitted outdoor advertising signs which have been
1451	permitted prior to the date of the beautification project or
1452	other planting, where such planting will, at the time of
1453	planting or after future growth, screen such sign from view. The
1454	department shall provide written notice to the owner not less
1455	than 90 days before commencing a beautification project or other
1456	vegetation planting that may affect a sign, allowing such owner
1457	not less than 60 days to designate the specific location of the
1458	view zone of such affected sign. A sign owner is not required to
1459	prepare a vegetation management plan or secure a vegetation
1460	management permit for the implementation of beautification
1461	projects.
1462	(a)  View zones are established along the public rights-of-
1463	way of interstate highways, expressways, federal-aid primary
1464	highways, and the State Highway System in the state, excluding
1465	privately or other publicly owned property, as follows:
1466	1.  A view zone of 350 feet for posted speed limits of 35
1467	miles per hour or less.
1468	2.  A view zone of 500 feet for posted speed limits of over
1469	35 miles per hour.
1470	(b)  The established view zone shall be within the first
1471	1,000 feet measured along the edge of the pavement in the
1472	direction of approaching traffic from a point on the edge of the
1473	pavement perpendicular to the edge of the sign facing nearest
1474	the highway and shall be continuous unless interrupted by
1475	existing, naturally occurring vegetation. The department and the
1476	sign owner may enter into an agreement identifying the specific
1477	location of the view zone for each sign facing. In the absence
1478	of such agreement, the established view zone shall be measured
1479	from the sign along the edge of the pavement in the direction of
1480	approaching traffic as provided in this subsection.
1481	(a)(c)  If a sign owner alleges any governmental entity or
1482	other party has violated this subsection, the sign owner must
1483	provide 90 days' written notice to the governmental entity or
1484	other party allegedly violating this subsection. If the alleged
1485	violation is not cured by the governmental entity or other party
1486	within the 90-day period, the sign owner may file a claim in the
1487	circuit court where the sign is located. A copy of such
1488	complaint shall be served contemporaneously upon the
1489	governmental entity or other party. If the circuit court
1490	determines a violation of this subsection has occurred, the
1491	court shall award a claim for compensation equal to the lesser
1492	of the revenue from the sign lost during the time of screening
1493	or the fair market value of the sign, and the governmental
1494	entity or other party shall pay the award of compensation
1495	subject to available appeal. Any modification or removal of
1496	material within a beautification project or other planting by
1497	the governmental entity or other party to cure an alleged
1498	violation shall not require the issuance of a permit from the
1499	Department of Transportation provided not less than 48 hours'
1500	notice is provided to the department of the modification or
1501	removal of the material. A natural person, private corporation,
1502	or private partnership licensed under part II of chapter 481
1503	providing design services for beautification or other projects
1504	shall not be subject to a claim of compensation under this
1505	section when the initial project design meets the requirements
1506	of this section.
1507	(b)(d)  This subsection shall not apply to the provisions
1508	of any existing written agreement executed before July 1, 2006,
1509	between any local government and the owner of an outdoor
1510	advertising sign.
1511	(8)(7)  Any person engaging in removal, cutting, or
1512	trimming of trees or vegetation in violation of this section or
1513	benefiting from such actions shall be subject to an
1514	administrative penalty of up to $1,000 and required to mitigate
1515	for the unauthorized removal, cutting, or trimming in such
1516	manner and in such amount as may be required under the rules of
1517	the department.
1518	(9)(8)  The intent of this section is to create partnering
1519	relationships which will have the effect of improving the
1520	appearance of Florida's highways and creating a net increase in
1521	the vegetative habitat along the roads. Department rules shall
1522	encourage the use of plants which are low maintenance and native
1523	to the general region in which they are planted.
1524	Section 24.  Subsections (16) and (17) are added to section
1525	479.16, Florida Statutes, to read:
1526	479.16  Signs for which permits are not required.-The
1527	following signs are exempt from the requirement that a permit
1528	for a sign be obtained under the provisions of this chapter but
1529	are required to comply with the provisions of s. 479.11(4)-(8):
1530	(16)  Signs erected under the local tourist-oriented
1531	commerce program signs pilot program under s. 479.263.
1532	(17)  Signs not in excess of 32 square feet placed
1533	temporarily during harvest season of a farm operation for a
1534	period of no more than 4 months at a road junction with the
1535	State Highway System denoting only the distance or direction of
1536	the farm operation. The temporary farm operation harvest sign
1537	provision under this subsection may not be implemented if the
1538	Federal Government notifies the department that implementation
1539	will adversely affect the allocation of federal funds to the
1540	department.
1541	Section 25.  Section 479.263, Florida Statutes, is created
1542	to read:
1543	479.263  Tourist-oriented commerce signs pilot program.-The
1544	local tourist-oriented commerce signs pilot program is created
1545	in rural areas of critical economic concern as defined by s.
1546	288.0656(2)(d) and (e). Signs erected under this program do not
1547	require a permit under this chapter.
1548	(1)  A local tourist-oriented business that is a small
1549	business as defined in s. 288.703 may erect a sign that meets
1550	the following criteria:
1551	(a)  The signs are not more than 8 square feet in size or
1552	more than 4 feet in height.
1553	(b)  The signs are located only in rural areas along
1554	highways that are not limited access highways.
1555	(c)  The signs are located within 2 miles of the business
1556	location and not less than 500 feet apart.
1557	(d)  The advertising copy on the signs consists only of the
1558	name of the business or the principal or accessory merchandise
1559	or services sold or furnished on the premises of the business.
1560	(2)  A business placing such signs under this section:
1561	(a)  Must be a minimum of 4 miles from any other business
1562	placing signs under this program.
1563	(b)  May not participate in the logo sign program
1564	authorized under s. 479.261 or the tourist-oriented directional
1565	sign program authorized under s. 479.262.
1566	(3)  Businesses that are conducted in a building
1567	principally used as a residence are not eligible to participate.
1568	(4)  Each business utilizing this program shall notify the
1569	department in writing of its intent to do so prior to placing
1570	signs. The department shall maintain statistics of the
1571	businesses participating in the program. This program shall not
1572	take effect if the Federal Highway Administration advises the
1573	department in writing that implementation constitutes a loss of
1574	effective control of outdoor advertising.
1575	(5)  This section expires June 30, 2016.
1576	Section 26.  Edna S. Hargrett-Thrower Avenue designated;
1577	Department of Transportation to erect suitable markers.-
1578	(1)  That portion of Orange Blossom Trail between W. Gore
1579	Street and W. Church Street in Orange County is designated as
1580	"Edna S. Hargrett-Thrower Avenue."
1581	(2)  The Department of Transportation is directed to erect
1582	suitable markers designating Edna S. Hargrett-Thrower Avenue as
1583	described in subsection (1).
1584	Section 27.  SP4 Thomas Berry Corbin Memorial Highway
1585	designated; Department of Transportation to erect suitable
1586	markers.-
1587	(1)  That portion of U.S. Highway 19/27A/98/State Road 55
1588	between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1589	Road/Kate Green Road in Dixie County is designated as "SP4
1590	Thomas Berry Corbin Memorial Highway."
1591	(2)  The Department of Transportation is directed to erect
1592	suitable markers designating SP4 Thomas Berry Corbin Memorial
1593	Highway as described in subsection (1).
1594	Section 28.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1595	Memorial Highway designated; Department of Transportation to
1596	erect suitable markers.-
1597	(1)  That portion of U.S. Highway 19/98/State Road 55
1598	between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1599	170th Street in Dixie County is designated as "U.S. Navy BMC
1600	Samuel Calhoun Chavous, Jr. Memorial Highway."
1601	(2)  The Department of Transportation is directed to erect
1602	suitable markers designating U.S. Navy BMC Samuel Calhoun
1603	Chavous, Jr. Memorial Highway as described in subsection (1).
1604	Section 29.  Marine Lance Corporal Brian R. Buesing
1605	Memorial Highway designated; Department of Transportation to
1606	erect suitable markers.-
1607	(1)  That portion of State Road 24 between County Road 347
1608	and Bridge Number 340053 in Levy County is designated as "Marine
1609	Lance Corporal Brian R. Buesing Memorial Highway."
1610	(2)  The Department of Transportation is directed to erect
1611	suitable markers designating Marine Lance Corporal Brian R.
1612	Buesing Memorial Highway as described in subsection (1).
1613	Section 30.  United States Army Sergeant Karl A. Campbell
1614	Memorial Highway designated; Department of Transportation to
1615	erect suitable markers.-
1616	(1)  That portion of U.S. Highway 19/98/State Road 55/S.
1617	Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1618	County is designated as "United States Army Sergeant Karl A.
1619	Campbell Memorial Highway."
1620	(2)  The Department of Transportation is directed to erect
1621	suitable markers designating United States Army Sergeant Karl A.
1622	Campbell Memorial Highway as described in subsection (1).
1623	Section 31.  U.S. Army SPC James A. Page Memorial Highway
1624	designated; Department of Transportation to erect suitable
1625	markers.-
1626	(1)  That portion of U.S. Highway 27A/State Road
1627	500/Hathaway Avenue between State Road 24/Thrasher Drive and
1628	Town Court in Levy County is designated as "U.S. Army SPC James
1629	A. Page Memorial Highway."
1630	(2)  The Department of Transportation is directed to erect
1631	suitable markers designating U.S. Army SPC James A. Page
1632	Memorial Highway as described in subsection (1).
1633	Section 32.  Veterans Memorial Highway designated;
1634	Department of Transportation to erect suitable markers.-
1635	(1)  That portion of State Road 19 between U.S. Highway
1636	17/State Road 15 and Carriage Drive in the City of Palatka in
1637	Putnam County is designated as "Veterans Memorial Highway."
1638	(2)  The Department of Transportation is directed to erect
1639	suitable markers designating Veterans Memorial Highway as
1640	described in subsection (1).
1641	Section 33.  Ben G. Watts Highway designated; Department of
1642	Transportation to erect suitable markers.-
1643	(1)  That portion of U.S. Highway 90 in Washington County
1644	between the Jackson County line and the Holmes County line at
1645	the Holmes Creek Bridge is designated as "Ben G. Watts Highway."
1646	(2)  The Department of Transportation is directed to erect
1647	suitable markers designating Ben G. Watts Highway as described
1648	in subsection (1).
1649	Section 34.  Mardi Gras Way designated; Department of
1650	Transportation to erect suitable markers.-
1651	(1)  That portion of State Road 824 between Interstate 95
1652	and U.S. Highway 1 in Broward County is designated as "Mardi
1653	Gras Way."
1654	(2)  The Department of Transportation is directed to erect
1655	suitable markers designating Mardi Gras Way as described in
1656	subsection (1).
1657	Section 35.  West Park Boulevard designated; Department of
1658	Transportation to erect suitable markers.-
1659	(1)  That portion of State Road 7 between Pembroke Road and
1660	County Line Road in Broward County is designated as "West Park
1661	Boulevard."
1662	(2)  The Department of Transportation is directed to erect
1663	suitable markers designating West Park Boulevard as described in
1664	subsection (1).
1665	Section 36.  Pembroke Park Boulevard designated; Department
1666	of Transportation to erect suitable markers.-
1667	(1)  That portion of State Road 858/Hallandale Beach
1668	Boulevard between Interstate 95 and U.S. Highway 441/State Road
1669	7 in Broward County is designated as "Pembroke Park Boulevard."
1670	(2)  The Department of Transportation is directed to erect
1671	suitable markers designating Pembroke Park Boulevard as
1672	described in subsection (1).
1673	Section 37.  Stark Memorial Drive designated; Department of
1674	Transportation to erect suitable markers.-
1675	(1)  That portion of State Road 101/Mayport Road between
1676	State Road A1A and Wonderwood Connector in Duval County is
1677	designated as "Stark Memorial Drive."
1678	(2)  The Department of Transportation is directed to erect
1679	suitable markers designating Stark Memorial Drive as described
1680	in subsection (1).
1681	Section 38.  Duval County Law Enforcement Memorial Overpass
1682	designated; Department of Transportation to erect suitable
1683	markers.-
1684	(1)  The Interstate 295/State Road 9A overpass (Bridge Nos.
1685	720256 and 720347) over Interstate 10/State Road 8 in Duval
1686	County is designated as "Duval County Law Enforcement Memorial
1687	Overpass."
1688	(2)  The Department of Transportation is directed to erect
1689	suitable markers designating Duval County Law Enforcement
1690	Memorial Overpass as described in subsection (1).
1691	Section 39.  Verna Bell Way designated; Department of
1692	Transportation to erect suitable markers.-
1693	(1)  That portion of State Road 200 between Lime Street and
1694	Beech Street in the City of Fernandina Beach in Nassau County is
1695	designated as "Verna Bell Way."
1696	(2)  The Department of Transportation is directed to erect
1697	suitable markers designating Verna Bell Way as described in
1698	subsection (1).
1699	Section 40.  Deputy Hal P. Croft and Deputy Ronald Jackson
1700	Memorial Highway designated; Department of Transportation to
1701	erect suitable markers.-
1702	(1)  That portion of State Road 100 East between the
1703	Bradford County line and the Columbia County line in Union
1704	County is designated as "Deputy Hal P. Croft and Deputy Ronald
1705	Jackson Memorial Highway."
1706	(2)  The Department of Transportation is directed to erect
1707	suitable markers designating Deputy Hal P. Croft and Deputy
1708	Ronald Jackson Memorial Highway as described in subsection (1).
1709	Section 41.  Dr. Oscar Elias Biscet Boulevard designated;
1710	Department of Transportation to erect suitable markers.-
1711	(1)  That portion of Coral Way between S.W. 32nd Avenue and
1712	S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1713	Oscar Elias Biscet Boulevard."
1714	(2)  The Department of Transportation is directed to erect
1715	suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1716	described in subsection (1).
1717	Section 42.  Alma Lee Loy Bridge designated; Department of
1718	Transportation to erect suitable markers.-
1719	(1)  The bridge on State Road 656 in Indian River County
1720	between State Road A1A and Indian River Boulevard in Vero Beach
1721	is designated as "Alma Lee Loy Bridge."
1722	(2)  The Department of Transportation is directed to erect
1723	suitable markers designating Alma Lee Loy Bridge as described
1724	subsection (1).
1725	Section 43.  Section 24 of chapter 2010-230, Laws of
1726	Florida, is amended to read:
1727	Section 24.  Miss Lillie Williams Boulevard designated;
1728	Department of Transportation to erect suitable markers.-
1729	(1)  That portion of N.W. 79th Street between N.W. 6th
1730	Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1731	designated as "Miss Lillie Williams Boulevard."
1732	(2)  The Department of Transportation is directed to erect
1733	suitable markers designating Miss Lillie Williams Boulevard as
1734	described in subsection (1).
1735	Section 44.  Section 45 of chapter 2010-230, Laws of
1736	Florida, is amended to read:
1737	Section 45.  Father Gerard Jean-Juste Street designated;
1738	Department of Transportation to erect suitable markers.-
1739	(1)  That portion of N.W. 54th Street in Miami-Dade County
1740	between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1741	is designated "Father Gerard Jean-Juste Street."
1742	(2)  The Department of Transportation is directed to erect
1743	suitable markers designating Father Gerard Jean-Juste Street as
1744	described in subsection (1).
1745	Section 45.  Paragraph (a) of subsection (12) of section
1746	163.3180, Florida Statutes, is amended to read:
1747	163.3180  Concurrency.-
1748	(12)(a)  A development of regional impact may satisfy the
1749	transportation concurrency requirements of the local
1750	comprehensive plan, the local government's concurrency
1751	management system, and s. 380.06 by payment of a proportionate-
1752	share contribution for local and regionally significant traffic
1753	impacts, if:
1754	1.  The development of regional impact which, based on its
1755	location or mix of land uses, is designed to encourage
1756	pedestrian or other nonautomotive modes of transportation;
1757	2.  The proportionate-share contribution for local and
1758	regionally significant traffic impacts is sufficient to pay for
1759	one or more required mobility improvements that will benefit a
1760	regionally significant transportation facility;
1761	3.  The owner and developer of the development of regional
1762	impact pays or assures payment of the proportionate-share
1763	contribution; and
1764	4.  If the regionally significant transportation facility
1765	to be constructed or improved is under the maintenance authority
1766	of a governmental entity, as defined by s. 334.03(12), other
1767	than the local government with jurisdiction over the development
1768	of regional impact, the developer is required to enter into a
1769	binding and legally enforceable commitment to transfer funds to
1770	the governmental entity having maintenance authority or to
1771	otherwise assure construction or improvement of the facility.
1772
1773	The proportionate-share contribution may be applied to any
1774	transportation facility to satisfy the provisions of this
1775	subsection and the local comprehensive plan, but, for the
1776	purposes of this subsection, the amount of the proportionate-
1777	share contribution shall be calculated based upon the cumulative
1778	number of trips from the proposed development expected to reach
1779	roadways during the peak hour from the complete buildout of a
1780	stage or phase being approved, divided by the change in the peak
1781	hour maximum service volume of roadways resulting from
1782	construction of an improvement necessary to maintain the adopted
1783	level of service, multiplied by the construction cost, at the
1784	time of developer payment, of the improvement necessary to
1785	maintain the adopted level of service. For purposes of this
1786	subsection, "construction cost" includes all associated costs of
1787	the improvement. Proportionate-share mitigation shall be limited
1788	to ensure that a development of regional impact meeting the
1789	requirements of this subsection mitigates its impact on the
1790	transportation system but is not responsible for the additional
1791	cost of reducing or eliminating backlogs. This subsection also
1792	applies to Florida Quality Developments pursuant to s. 380.061
1793	and to detailed specific area plans implementing optional sector
1794	plans pursuant to s. 163.3245.
1795	Section 46.  Paragraph (k) of subsection (1) of section
1796	163.3187, Florida Statutes, is amended to read:
1797	163.3187  Amendment of adopted comprehensive plan.-
1798	(1)  Amendments to comprehensive plans adopted pursuant to
1799	this part may be made not more than two times during any
1800	calendar year, except:
1801	(k)  A local comprehensive plan amendment directly related
1802	to providing transportation improvements to enhance life safety
1803	on controlled access major arterial highways identified in the
1804	Strategic Intermodal System Florida Intrastate Highway System,
1805	in counties as defined in s. 125.011, where such roadways have a
1806	high incidence of traffic accidents resulting in serious injury
1807	or death. Any such amendment shall not include any amendment
1808	modifying the designation on a comprehensive development plan
1809	land use map nor any amendment modifying the allowable densities
1810	or intensities of any land.
1811	Section 47.  Subsection (3) of section 288.063, Florida
1812	Statutes, is amended to read:
1813	288.063  Contracts for transportation projects.-
1814	(3)  With respect to any contract executed pursuant to this
1815	section, the term "transportation project" means a
1816	transportation facility as defined in s. 334.03(31) which is
1817	necessary in the judgment of the Office of Tourism, Trade, and
1818	Economic Development to facilitate the economic development and
1819	growth of the state. Except for applications received prior to
1820	July 1, 1996, such transportation projects shall be approved
1821	only as a consideration to attract new employment opportunities
1822	to the state or expand or retain employment in existing
1823	companies operating within the state, or to allow for the
1824	construction or expansion of a state or federal correctional
1825	facility in a county with a population of 75,000 or less that
1826	creates new employment opportunities or expands or retains
1827	employment in the county. The Office of Tourism, Trade, and
1828	Economic Development shall institute procedures to ensure that
1829	small and minority businesses have equal access to funding
1830	provided under this section. Funding for approved transportation
1831	projects may include any expenses, other than administrative
1832	costs and equipment purchases specified in the contract,
1833	necessary for new, or improvement to existing, transportation
1834	facilities. Funds made available pursuant to this section may
1835	not be expended in connection with the relocation of a business
1836	from one community to another community in this state unless the
1837	Office of Tourism, Trade, and Economic Development determines
1838	that without such relocation the business will move outside this
1839	state or determines that the business has a compelling economic
1840	rationale for the relocation which creates additional jobs.
1841	Subject to appropriation for projects under this section, any
1842	appropriation greater than $10 million shall be allocated to
1843	each of the districts of the Department of Transportation to
1844	ensure equitable geographical distribution. Such allocated funds
1845	that remain uncommitted by the third quarter of the fiscal year
1846	shall be reallocated among the districts based on pending
1847	project requests.
1848	Section 48.  Paragraph (b) of subsection (3) of section
1849	311.07, Florida Statutes, is amended to read:
1850	311.07  Florida seaport transportation and economic
1851	development funding.-
1852	(3)
1853	(b)  Projects eligible for funding by grants under the
1854	program are limited to the following port facilities or port
1855	transportation projects:
1856	1.  Transportation facilities within the jurisdiction of
1857	the port.
1858	2.  The dredging or deepening of channels, turning basins,
1859	or harbors.
1860	3.  The construction or rehabilitation of wharves, docks,
1861	structures, jetties, piers, storage facilities, cruise
1862	terminals, automated people mover systems, or any facilities
1863	necessary or useful in connection with any of the foregoing.
1864	4.  The acquisition of vessel tracking systems, container
1865	cranes, or other mechanized equipment used in the movement of
1866	cargo or passengers in international commerce.
1867	5.  The acquisition of land to be used for port purposes.
1868	6.  The acquisition, improvement, enlargement, or extension
1869	of existing port facilities.
1870	7.  Environmental protection projects which are necessary
1871	because of requirements imposed by a state agency as a condition
1872	of a permit or other form of state approval; which are necessary
1873	for environmental mitigation required as a condition of a state,
1874	federal, or local environmental permit; which are necessary for
1875	the acquisition of spoil disposal sites and improvements to
1876	existing and future spoil sites; or which result from the
1877	funding of eligible projects listed in this paragraph.
1878	8.  Transportation facilities as defined in s. 334.03(31)
1879	which are not otherwise part of the Department of
1880	Transportation's adopted work program.
1881	9.  Seaport intermodal access projects identified in the 5-
1882	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1883	10.  Construction or rehabilitation of port facilities as
1884	defined in s. 315.02, excluding any park or recreational
1885	facilities, in ports listed in s. 311.09(1) with operating
1886	revenues of $5 million or less, provided that such projects
1887	create economic development opportunities, capital improvements,
1888	and positive financial returns to such ports.
1889	Section 49.  Subsection (7) of section 311.09, Florida
1890	Statutes, is amended to read:
1891	311.09  Florida Seaport Transportation and Economic
1892	Development Council.-
1893	(7)  The Department of Transportation shall review the list
1894	of projects approved by the council for consistency with the
1895	Florida Transportation Plan and the department's adopted work
1896	program. In evaluating the consistency of a project, the
1897	department shall determine whether the transportation impact of
1898	the proposed project is adequately handled by existing state-
1899	owned transportation facilities or by the construction of
1900	additional state-owned transportation facilities as identified
1901	in the Florida Transportation Plan and the department's adopted
1902	work program. In reviewing for consistency a transportation
1903	facility project as defined in s. 334.03(31) which is not
1904	otherwise part of the department's work program, the department
1905	shall evaluate whether the project is needed to provide for
1906	projected movement of cargo or passengers from the port to a
1907	state transportation facility or local road. If the project is
1908	needed to provide for projected movement of cargo or passengers,
1909	the project shall be approved for consistency as a consideration
1910	to facilitate the economic development and growth of the state
1911	in a timely manner. The Department of Transportation shall
1912	identify those projects which are inconsistent with the Florida
1913	Transportation Plan and the adopted work program and shall
1914	notify the council of projects found to be inconsistent.
1915	Section 50.  Section 316.2122, Florida Statutes, is amended
1916	to read:
1917	316.2122  Operation of a low-speed vehicle or mini truck on
1918	certain roadways.-The operation of a low-speed vehicle as
1919	defined in s. 320.01(42) or a mini truck as defined in s.
1920	320.01(45) on any road as defined in s. 334.03(15) or (33) is
1921	authorized with the following restrictions:
1922	(1)  A low-speed vehicle or mini truck may be operated only
1923	on streets where the posted speed limit is 35 miles per hour or
1924	less. This does not prohibit a low-speed vehicle or mini truck
1925	from crossing a road or street at an intersection where the road
1926	or street has a posted speed limit of more than 35 miles per
1927	hour.
1928	(2)  A low-speed vehicle must be equipped with headlamps,
1929	stop lamps, turn signal lamps, taillamps, reflex reflectors,
1930	parking brakes, rearview mirrors, windshields, seat belts, and
1931	vehicle identification numbers.
1932	(3)  A low-speed vehicle or mini truck must be registered
1933	and insured in accordance with s. 320.02 and titled pursuant to
1934	chapter 319.
1935	(4)  Any person operating a low-speed vehicle or mini truck
1936	must have in his or her possession a valid driver's license.
1937	(5)  A county or municipality may prohibit the operation of
1938	low-speed vehicles or mini trucks on any road under its
1939	jurisdiction if the governing body of the county or municipality
1940	determines that such prohibition is necessary in the interest of
1941	safety.
1942	(6)  The Department of Transportation may prohibit the
1943	operation of low-speed vehicles or mini trucks on any road under
1944	its jurisdiction if it determines that such prohibition is
1945	necessary in the interest of safety.
1946	Section 51.  Section 318.12, Florida Statutes, is amended
1947	to read:
1948	318.12  Purpose.-It is the legislative intent in the
1949	adoption of this chapter to decriminalize certain violations of
1950	chapter 316, the Florida Uniform Traffic Control Law; chapter
1951	320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1952	chapter 338, Limited Access Florida Intrastate Highway System
1953	and Toll Facilities; and chapter 1006, Support of Learning,
1954	thereby facilitating the implementation of a more uniform and
1955	expeditious system for the disposition of traffic infractions.
1956	Section 52.  Subsection (3) of section 335.02, Florida
1957	Statutes, is amended to read:
1958	335.02  Authority to designate transportation facilities
1959	and rights-of-way and establish lanes; procedure for
1960	redesignation and relocation; application of local regulations.-
1961	(3)  The department may establish standards for lanes on
1962	the State Highway System, including the Strategic Intermodal
1963	System highway corridors Florida Intrastate Highway System
1964	established pursuant to s. 339.65 338.001. In determining the
1965	number of lanes for any regional corridor or section of highway
1966	on the State Highway System to be funded by the department with
1967	state or federal funds, the department shall evaluate all
1968	alternatives and seek to achieve the highest degree of efficient
1969	mobility for corridor users. In conducting the analysis, the
1970	department must give consideration to the following factors
1971	consistent with sound engineering principles:
1972	(a)  Overall economic importance of the corridor as a trade
1973	or tourism corridor.
1974	(b)  Safety of corridor users, including the importance of
1975	the corridor for evacuation purposes.
1976	(c)  Cost-effectiveness of alternative methods of
1977	increasing the mobility of corridor users.
1978	(d)  Current and projected traffic volumes on the corridor.
1979	(e)  Multimodal alternatives.
1980	(f)  Use of intelligent transportation technology in
1981	increasing the efficiency of the corridor.
1982	(g)  Compliance with state and federal policies related to
1983	clean air, environmental impacts, growth management, livable
1984	communities, and energy conservation.
1985	(h)  Addition of special use lanes, such as exclusive truck
1986	lanes, high-occupancy-vehicle toll lanes, and exclusive
1987	interregional traffic lanes.
1988	(i)  Availability and cost of rights-of-way, including
1989	associated costs, and the most effective use of existing rights-
1990	of-way.
1991	(j)  Regional economic and transportation objectives, where
1992	articulated.
1993	(k)  The future land use plan element of local government
1994	comprehensive plans, as appropriate, including designated urban
1995	infill and redevelopment areas.
1996	(l)  The traffic circulation element, if applicable, of
1997	local government comprehensive plans, including designated
1998	transportation corridors and public transportation corridors.
1999	(m)  The approved metropolitan planning organization's
2000	long-range transportation plan, as appropriate.
2001
2002	This subsection does not preclude a number of lanes in excess of
2003	10 lanes, but an additional factor that must be considered
2004	before the department may determine that the number of lanes
2005	should be more than 10 is the capacity to accommodate in the
2006	future alternative forms of transportation within existing or
2007	potential rights-of-way.
2008	Section 53.  Section 336.01, Florida Statutes, is amended
2009	to read:
2010	336.01  Designation of county road system.-The county road
2011	system shall be as defined in s. 334.03(8).
2012	Section 54.  Subsection (2) of section 338.222, Florida
2013	Statutes, is amended to read:
2014	338.222  Department of Transportation sole governmental
2015	entity to acquire, construct, or operate turnpike projects;
2016	exception.-
2017	(2)  The department may contract with any local
2018	governmental entity as defined in s. 334.03(13)(14) for the
2019	design, right-of-way acquisition, or construction of any
2020	turnpike project which the Legislature has approved. Local
2021	governmental entities may negotiate with the department for the
2022	design, right-of-way acquisition, and construction of any
2023	section of the turnpike project within areas of their respective
2024	jurisdictions or within counties with which they have interlocal
2025	agreements.
2026	Section 55.  Paragraph (b) of subsection (1) of section
2027	338.223, Florida Statutes, is amended to read:
2028	338.223  Proposed turnpike projects.-
2029	(1)
2030	(b)  Any proposed turnpike project or improvement shall be
2031	developed in accordance with the Florida Transportation Plan and
2032	the work program pursuant to s. 339.135. Turnpike projects that
2033	add capacity, alter access, affect feeder roads, or affect the
2034	operation of the local transportation system shall be included
2035	in the transportation improvement plan of the affected
2036	metropolitan planning organization. If such turnpike project
2037	does not fall within the jurisdiction of a metropolitan planning
2038	organization, the department shall notify the affected county
2039	and provide for public hearings in accordance with s.
2040	339.155(5)(6)(c).
2041	Section 56.  Subsection (4) of section 338.227, Florida
2042	Statutes, is amended to read:
2043	338.227  Turnpike revenue bonds.-
2044	(4)  The Department of Transportation and the Department of
2045	Management Services shall create and implement an outreach
2046	program designed to enhance the participation of minority
2047	persons and minority business enterprises in all contracts
2048	entered into by their respective departments for services
2049	related to the financing of department projects for the
2050	Strategic Intermodal System Plan developed pursuant to s. 339.64
2051	Florida Intrastate Highway System Plan. These services shall
2052	include, but not be limited to, bond counsel and bond
2053	underwriters.
2054	Section 57.  Subsection (2) of section 338.2275, Florida
2055	Statutes, is amended to read:
2056	338.2275  Approved turnpike projects.-
2057	(2)  The department is authorized to use turnpike revenues,
2058	the State Transportation Trust Fund moneys allocated for
2059	turnpike projects pursuant to s. 339.65 s. 338.001, federal
2060	funds, and bond proceeds, and shall use the most cost-efficient
2061	combination of such funds, in developing a financial plan for
2062	funding turnpike projects. The department must submit a report
2063	of the estimated cost for each ongoing turnpike project and for
2064	each planned project to the Legislature 14 days before the
2065	convening of the regular legislative session. Verification of
2066	economic feasibility and statements of environmental feasibility
2067	for individual turnpike projects must be based on the entire
2068	project as approved. Statements of environmental feasibility are
2069	not required for those projects listed in s. 12, chapter 90-136,
2070	Laws of Florida, for which the Project Development and
2071	Environmental Reports were completed by July 1, 1990. All
2072	required environmental permits must be obtained before the
2073	department may advertise for bids for contracts for the
2074	construction of any turnpike project.
2075	Section 58.  Section 338.228, Florida Statutes, is amended
2076	to read:
2077	338.228  Bonds not debts or pledges of credit of state.-
2078	Turnpike revenue bonds issued under the provisions of ss.
2079	338.22-338.241 are not debts of the state or pledges of the
2080	faith and credit of the state. Such bonds are payable
2081	exclusively from revenues pledged for their payment. All such
2082	bonds shall contain a statement on their face that the state is
2083	not obligated to pay the same or the interest thereon, except
2084	from the revenues pledged for their payment, and that the faith
2085	and credit of the state is not pledged to the payment of the
2086	principal or interest of such bonds. The issuance of turnpike
2087	revenue bonds under the provisions of ss. 338.22-338.241 does
2088	not directly, indirectly, or contingently obligate the state to
2089	levy or to pledge any form of taxation whatsoever, or to make
2090	any appropriation for their payment. Except as provided in ss.
2091	338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2092	be used on any turnpike project or to pay the principal or
2093	interest of any bonds issued to finance or refinance any portion
2094	of the turnpike system, and all such bonds shall contain a
2095	statement on their face to this effect.
2096	Section 59.  Subsection (2) of section 338.234, Florida
2097	Statutes, is amended to read:
2098	338.234  Granting concessions or selling along the turnpike
2099	system; immunity from taxation.-
2100	(2)  The effectuation of the authorized purposes of the
2101	Strategic Intermodal System, created under ss. 339.61-339.65,
2102	Florida Intrastate Highway System and Florida Turnpike
2103	Enterprise, created under this chapter, is for the benefit of
2104	the people of the state, for the increase of their commerce and
2105	prosperity, and for the improvement of their health and living
2106	conditions; and, because the system and enterprise perform
2107	essential government functions in effectuating such purposes,
2108	neither the turnpike enterprise nor any nongovernment lessee or
2109	licensee renting, leasing, or licensing real property from the
2110	turnpike enterprise, pursuant to an agreement authorized by this
2111	section, are required to pay any commercial rental tax imposed
2112	under s. 212.031 on any capital improvements constructed,
2113	improved, acquired, installed, or used for such purposes.
2114	Section 60.  Subsections (1) and (3) of section 339.2819,
2115	Florida Statutes, are amended to read:
2116	339.2819  Transportation Regional Incentive Program.-
2117	(1)  There is created within the Department of
2118	Transportation a Transportation Regional Incentive Program for
2119	the purpose of providing funds to improve regionally significant
2120	transportation facilities in regional transportation areas
2121	created pursuant to s. 339.155(4)(5).
2122	(3)  The department shall allocate funding available for
2123	the Transportation Regional Incentive Program to the districts
2124	based on a factor derived from equal parts of population and
2125	motor fuel collections for eligible counties in regional
2126	transportation areas created pursuant to s. 339.155(4)(5).
2127	Section 61.  Subsection (6) of section 339.285, Florida
2128	Statutes, is amended to read:
2129	339.285  Enhanced Bridge Program for Sustainable
2130	Transportation.-
2131	(6)  Preference shall be given to bridge projects located
2132	on corridors that connect to the Strategic Intermodal System,
2133	created under s. 339.64, and that have been identified as
2134	regionally significant in accordance with s. 339.155(4)(5)(c),
2135	(d), and (e).
2136	Section 62.  Subsection (2) of section 341.053, Florida
2137	Statutes, is amended to read:
2138	341.053  Intermodal Development Program; administration;
2139	eligible projects; limitations.-
2140	(2)  In recognition of the department's role in the
2141	economic development of this state, the department shall develop
2142	a proposed intermodal development plan to connect Florida's
2143	airports, deepwater seaports, rail systems serving both
2144	passenger and freight, and major intermodal connectors to the
2145	Strategic Intermodal System highway corridors Florida Intrastate
2146	Highway System facilities as the primary system for the movement
2147	of people and freight in this state in order to make the
2148	intermodal development plan a fully integrated and
2149	interconnected system. The intermodal development plan must:
2150	(a)  Define and assess the state's freight intermodal
2151	network, including airports, seaports, rail lines and terminals,
2152	intercity bus lines and terminals, and connecting highways.
2153	(b)  Prioritize statewide infrastructure investments,
2154	including the acceleration of current projects, which are found
2155	by the Freight Stakeholders Task Force to be priority projects
2156	for the efficient movement of people and freight.
2157	(c)  Be developed in a manner that will assure maximum use
2158	of existing facilities and optimum integration and coordination
2159	of the various modes of transportation, including both
2160	government-owned and privately owned resources, in the most
2161	cost-effective manner possible.
2162	Section 63.  Subsection (2) of section 341.8225, Florida
2163	Statutes, is amended to read:
2164	341.8225  Department of Transportation sole governmental
2165	entity to acquire, construct, or operate high-speed rail
2166	projects; exception.-
2167	(2)  Local governmental entities, as defined in s.
2168	334.03(13)(14), may negotiate with the department for the
2169	design, right-of-way acquisition, and construction of any
2170	component of the high-speed rail system within areas of their
2171	respective jurisdictions or within counties with which they have
2172	interlocal agreements.
2173	Section 64.  Paragraph (a) of subsection (2) of section
2174	403.7211, Florida Statutes, is amended to read:
2175	403.7211  Hazardous waste facilities managing hazardous
2176	wastes generated offsite; federal facilities managing hazardous
2177	waste.-
2178	(2)  The department shall not issue any permit under s.
2179	403.722 for the construction, initial operation, or substantial
2180	modification of a facility for the disposal, storage, or
2181	treatment of hazardous waste generated offsite which is proposed
2182	to be located in any of the following locations:
2183	(a)  Any area where life-threatening concentrations of
2184	hazardous substances could accumulate at any residence or
2185	residential subdivision as the result of a catastrophic event at
2186	the proposed facility, unless each such residence or residential
2187	subdivision is served by at least one arterial road or urban
2188	minor arterial road, as determined under the procedures
2189	referenced in s. 334.03(9) defined in s. 334.03, which provides
2190	safe and direct egress by land to an area where such life-
2191	threatening concentrations of hazardous substances could not
2192	accumulate in a catastrophic event. Egress by any road leading
2193	from any residence or residential subdivision to any point
2194	located within 1,000 yards of the proposed facility is unsafe
2195	for the purposes of this paragraph. In determining whether
2196	egress proposed by the applicant is safe and direct, the
2197	department shall also consider, at a minimum, the following
2198	factors:
2199	1.  Natural barriers such as water bodies, and whether any
2200	road in the proposed evacuation route is impaired by a natural
2201	barrier such as a water body;
2202	2.  Potential exposure during egress and potential
2203	increases in the duration of exposure;
2204	3.  Whether any road in a proposed evacuation route passes
2205	in close proximity to the facility; and
2206	4.  Whether any portion of the evacuation route is
2207	inherently directed toward the facility.
2208
2209	For the purposes of this subsection, all distances shall be
2210	measured from the outer limit of the active hazardous waste
2211	management area. "Substantial modification" includes: any
2212	physical change in, change in the operations of, or addition to
2213	a facility which could increase the potential offsite impact, or
2214	risk of impact, from a release at that facility; and any change
2215	in permit conditions which is reasonably expected to lead to
2216	greater potential impacts or risks of impacts, from a release at
2217	that facility. "Substantial modification" does not include a
2218	change in operations, structures, or permit conditions which
2219	does not substantially increase either the potential impact
2220	from, or the risk of, a release. Physical or operational changes
2221	to a facility related solely to the management of nonhazardous
2222	waste at the facility shall not be considered a substantial
2223	modification. The department shall, by rule, adopt criteria to
2224	determine whether a facility has been substantially modified.
2225	"Initial operation" means the initial commencement of operations
2226	at the facility.
2227	Section 65.  Subsection (27) of section 479.01, Florida
2228	Statutes, is amended to read:
2229	479.01  Definitions.-As used in this chapter, the term:
2230	(27)  "Urban area" has the same meaning as defined in s.
2231	334.03(29).
2232	Section 66.  Subsection (1) of section 479.07, Florida
2233	Statutes, is amended to read:
2234	479.07  Sign permits.-
2235	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2236	person may not erect, operate, use, or maintain, or cause to be
2237	erected, operated, used, or maintained, any sign on the State
2238	Highway System outside an urban area, as defined in s.
2239	334.03(32), or on any portion of the interstate or federal-aid
2240	primary highway system without first obtaining a permit for the
2241	sign from the department and paying the annual fee as provided
2242	in this section. As used in this section, the term "on any
2243	portion of the State Highway System, interstate, or federal-aid
2244	primary system" means a sign located within the controlled area
2245	which is visible from any portion of the main-traveled way of
2246	such system.
2247	Section 67.  Subsection (5) of section 479.261, Florida
2248	Statutes, is amended to read:
2249	479.261  Logo sign program.-
2250	(5)  At a minimum, permit fees for businesses that
2251	participate in the program must be established in an amount
2252	sufficient to offset the total cost to the department for the
2253	program, including contract costs. The department shall provide
2254	the services in the most efficient and cost-effective manner
2255	through department staff or by contracting for some or all of
2256	the services. The department shall adopt rules that set
2257	reasonable rates based upon factors such as population, traffic
2258	volume, market demand, and costs for annual permit fees.
2259	However, annual permit fees for sign locations inside an urban
2260	area, as defined in s. 334.03(32), may not exceed $3,500, and
2261	annual permit fees for sign locations outside an urban area, as
2262	defined in s. 334.03(32), may not exceed $2,000. After
2263	recovering program costs, the proceeds from the annual permit
2264	fees shall be deposited into the State Transportation Trust Fund
2265	and used for transportation purposes.
2266	Section 68.  Paragraph (c) of subsection (5) of section
2267	316.515, Florida Statutes, is amended to read:
2268	316.515  Maximum width, height, length.-
2269	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2270	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2271	(c)  The width and height limitations of this section do
2272	not apply to farming or agricultural equipment, whether self-
2273	propelled, pulled, or hauled, when temporarily operated during
2274	daylight hours upon a public road that is not a limited access
2275	facility as defined in s. 334.03(13), and the width and height
2276	limitations may be exceeded by such equipment without a permit.
2277	To be eligible for this exemption, the equipment shall be
2278	operated within a radius of 50 miles of the real property owned,
2279	rented, or leased by the equipment owner. However, equipment
2280	being delivered by a dealer to a purchaser is not subject to the
2281	50-mile limitation. Farming or agricultural equipment greater
2282	than 174 inches in width must have one warning lamp mounted on
2283	each side of the equipment to denote the width and must have a
2284	slow-moving vehicle sign. Warning lamps required by this
2285	paragraph must be visible from the front and rear of the vehicle
2286	and must be visible from a distance of at least 1,000 feet.
2287	Section 69.  This act shall take effect July 1, 2011.

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