Florida Senate - 2014                       CS for CS for SB 218
       By the Committees on Appropriations; and Transportation; and
       Senator Grimsley
       576-02577-14                                           2014218c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.2397, F.S.; expanding the types of vehicles that
    4         may show or display an amber light; amending s.
    5         337.403, F.S.; providing an exception for payment of
    6         certain utility work necessitated by a project on the
    7         State Highway System for municipally owned utilities
    8         or county-owned utilities located in rural areas of
    9         critical economic concern and authorizing the
   10         Department of Transportation to pay for such costs
   11         under certain circumstances; creating s. 339.041,
   12         F.S.; providing legislative intent; describing the
   13         types of department property eligible for factoring
   14         future revenues received by the department from leases
   15         for communication facilities on department property;
   16         authorizing the department to enter into agreements
   17         with investors to purchase the revenue streams from
   18         department leases of wireless communication facilities
   19         on such property pursuant to an invitation to
   20         negotiate; prohibiting the department from pledging
   21         state credit; allowing the department to make certain
   22         covenants; providing for the appropriation and payment
   23         of moneys received from such agreements to investors;
   24         requiring the proceeds from such leases to be used for
   25         capital expenditures; amending s. 339.2818, F.S.;
   26         subject to the appropriation of specified additional
   27         funding, authorizing a municipality within a rural
   28         area of critical economic concern or a rural area of
   29         critical economic concern community to compete for
   30         certain funding; providing criteria; amending s.
   31         479.16, F.S.; exempting certain signs from the
   32         provisions of ch. 479, F.S.; exempting from permitting
   33         certain signs placed by tourist-oriented businesses,
   34         certain farm signs placed during harvest seasons,
   35         certain acknowledgement signs on publicly funded
   36         school premises, and certain displays on specific
   37         sports facilities; providing that certain provisions
   38         relating to the regulation of signs may not be
   39         implemented or continued if such actions will
   40         adversely impact the allocation of federal funds to
   41         the Department of Transportation; directing the
   42         department to notify a sign owner that the sign must
   43         be removed if federal funds are adversely impacted;
   44         authorizing the department to remove the sign and
   45         assess costs to the sign owner under certain
   46         circumstances; amending s. 479.262, F.S.; clarifying
   47         provisions relating to the tourist-oriented
   48         directional sign program; limiting the placement of
   49         such signs to intersections on certain rural roads;
   50         prohibiting such signs in urban areas or at
   51         interchanges on freeways or expressways; providing an
   52         effective date.
   54  Be It Enacted by the Legislature of the State of Florida:
   56         Section 1. Subsection (4) of section 316.2397, Florida
   57  Statutes, is amended to read:
   58         316.2397 Certain lights prohibited; exceptions.—
   59         (4) Road or street maintenance equipment, road or street
   60  maintenance vehicles, road service vehicles, refuse collection
   61  vehicles, petroleum tankers, and mail carrier vehicles may show
   62  or display amber lights when in operation or a hazard exists. A
   63  commercial motor vehicle or trailer designed to transport
   64  unprocessed logs or pulpwood may show or display an amber light
   65  affixed to the rearmost point of the vehicle or trailer.
   66         Section 2. Subsection (1) of section 337.403, Florida
   67  Statutes, is amended to read:
   68         337.403 Interference caused by relocation of utility;
   69  expenses.—
   70         (1) If a utility that is placed upon, under, over, or along
   71  any public road or publicly owned rail corridor is found by the
   72  authority to be unreasonably interfering in any way with the
   73  convenient, safe, or continuous use, or the maintenance,
   74  improvement, extension, or expansion, of such public road or
   75  publicly owned rail corridor, the utility owner shall, upon 30
   76  days’ written notice to the utility or its agent by the
   77  authority, initiate the work necessary to alleviate the
   78  interference at its own expense except as provided in paragraphs
   79  (a)-(h) (a)-(g). The work must be completed within such
   80  reasonable time as stated in the notice or such time as agreed
   81  to by the authority and the utility owner.
   82         (a) If the relocation of utility facilities, as referred to
   83  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
   84  84-627 627 of the 84th Congress, is necessitated by the
   85  construction of a project on the federal-aid interstate system,
   86  including extensions thereof within urban areas, and the cost of
   87  the project is eligible and approved for reimbursement by the
   88  Federal Government to the extent of 90 percent or more under the
   89  Federal Aid Highway Act, or any amendment thereof, then in that
   90  event the utility owning or operating such facilities shall
   91  perform any necessary work upon notice from the department, and
   92  the state shall pay the entire expense properly attributable to
   93  such work after deducting therefrom any increase in the value of
   94  a new facility and any salvage value derived from an old
   95  facility.
   96         (b) When a joint agreement between the department and the
   97  utility is executed for utility work to be accomplished as part
   98  of a contract for construction of a transportation facility, the
   99  department may participate in those utility work costs that
  100  exceed the department’s official estimate of the cost of the
  101  work by more than 10 percent. The amount of such participation
  102  is shall be limited to the difference between the official
  103  estimate of all the work in the joint agreement plus 10 percent
  104  and the amount awarded for this work in the construction
  105  contract for such work. The department may not participate in
  106  any utility work costs that occur as a result of changes or
  107  additions during the course of the contract.
  108         (c) When an agreement between the department and utility is
  109  executed for utility work to be accomplished in advance of a
  110  contract for construction of a transportation facility, the
  111  department may participate in the cost of clearing and grubbing
  112  necessary to perform such work.
  113         (d) If the utility facility was initially installed to
  114  exclusively serve the authority or its tenants, or both, the
  115  authority shall bear the costs of the utility work. However, the
  116  authority is not responsible for the cost of utility work
  117  related to any subsequent additions to that facility for the
  118  purpose of serving others.
  119         (e) If, under an agreement between a utility and the
  120  authority entered into after July 1, 2009, the utility conveys,
  121  subordinates, or relinquishes a compensable property right to
  122  the authority for the purpose of accommodating the acquisition
  123  or use of the right-of-way by the authority, without the
  124  agreement expressly addressing future responsibility for the
  125  cost of necessary utility work, the authority shall bear the
  126  cost of removal or relocation. This paragraph does not impair or
  127  restrict, and may not be used to interpret, the terms of any
  128  such agreement entered into before July 1, 2009.
  129         (f) If the utility is an electric facility being relocated
  130  underground in order to enhance vehicular, bicycle, and
  131  pedestrian safety and in which ownership of the electric
  132  facility to be placed underground has been transferred from a
  133  private to a public utility within the past 5 years, the
  134  department shall incur all costs of the necessary utility work.
  135         (g) An authority may bear the costs of utility work
  136  required to eliminate an unreasonable interference when the
  137  utility is not able to establish that it has a compensable
  138  property right in the particular property where the utility is
  139  located if:
  140         1. The utility was physically located on the particular
  141  property before the authority acquired rights in the property;
  142         2. The utility demonstrates that it has a compensable
  143  property right in all adjacent properties along the alignment of
  144  the utility; and
  145         3. The information available to the authority does not
  146  establish the relative priorities of the authority’s and the
  147  utility’s interests in the particular property.
  148         (h)If a municipally owned utility or county-owned utility
  149  is located in a rural area of critical economic concern, as
  150  defined in s. 288.0656(2), and the department determines that
  151  the utility is unable, and will not be able within the next 10
  152  years, to pay for the cost of utility work necessitated by a
  153  department project on the State Highway System, the department
  154  may pay, in whole or in part, the cost of such utility work
  155  performed by the department or its contractor.
  156         Section 3. Section 339.041, Florida Statutes, is created to
  157  read:
  158         339.041Factoring of revenues from leases for wireless
  159  communication facilities.—
  160         (1)The Legislature finds that efforts to increase funding
  161  for capital expenditures for the transportation system are
  162  necessary for the protection of the public safety and general
  163  welfare and for the preservation of transportation facilities in
  164  this state. It is, therefore, the intent of the Legislature:
  165         (a) To create a mechanism for factoring future revenues
  166  received by the department from leases for wireless
  167  communication facilities on department property on a nonrecourse
  168  basis;
  169         (b)To fund fixed capital expenditures for the statewide
  170  transportation system from proceeds generated through this
  171  mechanism; and
  172         (c)To maximize revenues from factoring by ensuring that
  173  such revenues are exempt from income taxation under federal law
  174  in order to increase funds available for capital expenditures.
  175         (2) For the purposes of factoring revenues under this
  176  section, department property includes real property located
  177  within the department’s limited access rights-of-way, property
  178  located outside the current operating right-of-way limits which
  179  is not needed to support current transportation facilities,
  180  other property owned by the Board of Trustees of the Internal
  181  Improvement Trust Fund and leased by the department, space on
  182  department telecommunications facilities, and space on
  183  department structures.
  184         (3) The department may solicit investors willing to enter
  185  into agreements to purchase the revenue stream from one or more
  186  existing department leases for wireless communication facilities
  187  on property owned or controlled by the department through the
  188  issuance of an invitation to negotiate. Such agreements shall be
  189  structured as tax-exempt financings for federal income tax
  190  purposes in order to result in the largest possible payout.
  191         (4) The department may not pledge the credit, the general
  192  revenues, or the taxing power of the state or of any political
  193  subdivision of the state. The obligations of the department and
  194  investors under the agreement do not constitute a general
  195  obligation of the state or a pledge of the full faith and credit
  196  or taxing power of the state. The agreement is payable from and
  197  secured solely by payments received from department leases for
  198  wireless communication facilities on property owned or
  199  controlled by the department, and neither the state nor any of
  200  its agencies has any liability beyond such payments.
  201         (5) The department may make any covenant or representation
  202  necessary or desirable in connection with the agreement,
  203  including a commitment by the department to take whatever
  204  actions are necessary on behalf of investors to enforce the
  205  department’s rights to payments on property leased for wireless
  206  communications facilities. However, the department may not
  207  guarantee that revenues actually received in a future year will
  208  be those anticipated in its leases for wireless communication
  209  facilities. The department may agree to use its best efforts to
  210  ensure that anticipated future-year revenues are protected. Any
  211  risk that actual revenues received from department leases for
  212  wireless communications facilities will be lower than
  213  anticipated shall be borne exclusively by investors.
  214         (6) Subject to annual appropriation, the investors shall
  215  collect the lease payments on a schedule and in a manner
  216  established in the agreements entered into pursuant to this
  217  section between the department and the investors. The agreements
  218  may provide for lease payments to be made directly to investors
  219  by lessees if the lease agreements entered into by the
  220  department and the lessees pursuant to s. 365.172(12)(f) allow
  221  direct payment.
  222         (7) Proceeds received by the department from leases for
  223  wireless communication facilities shall be deposited in the
  224  State Transportation Trust Fund created under s. 206.46 and used
  225  for fixed capital expenditures for the statewide transportation
  226  system.
  227         Section 4. Subsection (7) is added to section 339.2818,
  228  Florida Statutes, to read:
  229         339.2818 Small County Outreach Program.—
  230         (7) Subject to a specific appropriation in addition to
  231  funds annually appropriated for projects under this section, a
  232  municipality within a rural area of critical economic concern or
  233  a rural area of critical economic concern community designated
  234  under s. 288.0656(7)(a) may compete for the additional project
  235  funding using the criteria listed in subsection (4) at up to 100
  236  percent of project costs, excluding capacity improvement
  237  projects.
  238         Section 5. Section 479.16, Florida Statutes, is amended to
  239  read:
  240         479.16 Signs for which permits are not required.—Signs
  241  placed on benches, transit shelters, modular news racks, street
  242  light poles, public pay telephones, and waste receptacles within
  243  the right-of-way, as provided under s. 337.408, are exempt from
  244  this chapter. The following signs are exempt from the
  245  requirement that a permit for a sign be obtained under the
  246  provisions of this chapter but must are required to comply with
  247  the provisions of s. 479.11(4)-(8):
  248         (1) Signs erected on the premises of an establishment,
  249  which signs consist primarily of the name of the establishment
  250  or which identify the principal or accessory merchandise,
  251  services, activities, or entertainment sold, produced,
  252  manufactured, or furnished on the premises of the establishment
  253  and which comply with the lighting restrictions imposed under
  254  department rule adopted pursuant to s. 479.11(5), or signs owned
  255  by a municipality or a county located on the premises of such
  256  municipality or such county which display information regarding
  257  government services, activities, events, or entertainment. For
  258  purposes of this section, the following types of messages shall
  259  not be considered information regarding government services,
  260  activities, events, or entertainment:
  261         (a) Messages that which specifically reference any
  262  commercial enterprise.
  263         (b) Messages that which reference a commercial sponsor of
  264  any event.
  265         (c) Personal messages.
  266         (d) Political campaign messages.
  268  If a sign located on the premises of an establishment consists
  269  principally of brand name or trade name advertising and the
  270  merchandise or service is only incidental to the principal
  271  activity, or if the owner of the establishment receives rental
  272  income from the sign, then the sign is not exempt under this
  273  subsection.
  274         (2) Signs erected, used, or maintained on a farm by the
  275  owner or lessee of such farm and relating solely to farm
  276  produce, merchandise, service, or entertainment sold, produced,
  277  manufactured, or furnished on such farm.
  278         (3) Signs posted or displayed on real property by the owner
  279  or by the authority of the owner, stating that the real property
  280  is for sale or rent. However, if the sign contains any message
  281  not pertaining to the sale or rental of the that real property,
  282  then it is not exempt under this section.
  283         (4) Official notices or advertisements posted or displayed
  284  on private property by or under the direction of any public or
  285  court officer in the performance of her or his official or
  286  directed duties, or by trustees under deeds of trust or deeds of
  287  assignment or other similar instruments.
  288         (5) Danger or precautionary signs relating to the premises
  289  on which they are located; forest fire warning signs erected
  290  under the authority of the Florida Forest Service of the
  291  Department of Agriculture and Consumer Services; and signs,
  292  notices, or symbols erected by the United States Government
  293  under the direction of the United States Forestry Service.
  294         (6) Notices of any railroad, bridge, ferry, or other
  295  transportation or transmission company necessary for the
  296  direction or safety of the public.
  297         (7) Signs, notices, or symbols for the information of
  298  aviators as to location, directions, and landings and conditions
  299  affecting safety in aviation erected or authorized by the
  300  department.
  301         (8) Signs or notices measuring up to 8 square feet in area
  302  which are erected or maintained upon property and state stating
  303  only the name of the owner, lessee, or occupant of the premises
  304  and not exceeding 8 square feet in area.
  305         (9) Historical markers erected by duly constituted and
  306  authorized public authorities.
  307         (10) Official traffic control signs and markers erected,
  308  caused to be erected, or approved by the department.
  309         (11) Signs erected upon property warning the public against
  310  hunting and fishing or trespassing thereon.
  311         (12) Signs not in excess of up to 8 square feet which that
  312  are owned by and relate to the facilities and activities of
  313  churches, civic organizations, fraternal organizations,
  314  charitable organizations, or units or agencies of government.
  315         (13) Except that signs placed on benches, transit shelters,
  316  and waste receptacles as provided for in s. 337.408 are exempt
  317  from all provisions of this chapter.
  318         (13)(14) Signs relating exclusively to political campaigns.
  319         (14)(15) Signs measuring up to not in excess of 16 square
  320  feet placed at a road junction with the State Highway System
  321  denoting only the distance or direction of a residence or farm
  322  operation, or, outside an incorporated in a rural area where a
  323  hardship is created because a small business is not visible from
  324  the road junction with the State Highway System, one sign
  325  measuring up to not in excess of 16 square feet, denoting only
  326  the name of the business and the distance and direction to the
  327  business. The small-business-sign provision of this subsection
  328  does not apply to charter counties and may not be implemented if
  329  the Federal Government notifies the department that
  330  implementation will adversely affect the allocation of federal
  331  funds to the department.
  332         (15)Signs placed by a local tourist-oriented business
  333  located within a rural area of critical economic concern as
  334  defined under s. 288.0656(2) which are:
  335         (a)Not more than 8 square feet in size or more than 4 feet
  336  in height;
  337         (b) Located only in rural areas on a facility that does not
  338  meet the definition of a limited access facility as defined by
  339  department rule;
  340         (c)Located within 2 miles of the business location and at
  341  least 500 feet apart;
  342         (d)Located only in two directions leading to the business;
  343  and
  344         (e)Not located within the road right-of-way.
  346  A business placing such signs must be at least 4 miles from any
  347  other business using this exemption and may not participate in
  348  any other directional signage program by the department.
  349         (16)Signs measuring up to 32 square feet denoting only the
  350  distance or direction of a farm operation which are erected at a
  351  road junction with the State Highway System, but only during the
  352  harvest season of the farm operation for a period not to exceed
  353  4 months.
  354         (17)Acknowledgement signs erected upon publicly funded
  355  school premises which relate to a specific public school club,
  356  team, or event which are placed at least 1,000 feet from any
  357  other acknowledgement sign on the same side of the roadway. The
  358  sponsor information on an acknowledgement sign may constitute no
  359  more than 100 square feet of the sign. For purposes of this
  360  subsection, the term “acknowledgement sign” means a sign that is
  361  intended to inform the traveling public that a public school
  362  club, team, or event has been sponsored by a person, firm, or
  363  other entity.
  364         (18)Displays erected upon a sports facility the content of
  365  which is directly related to the facility’s activities or where
  366  products or services offered on the sports facility property are
  367  present. Displays must be mounted flush to the surface of the
  368  sports facility and must rely upon the building facade for
  369  structural support. For purposes of this subsection, the term
  370  “sports facility” means an athletic complex, athletic arena, or
  371  athletic stadium, including physically connected parking
  372  facilities, which is open to the public and has a permanent
  373  installed seating capacity of 15,000 people or more.
  375  The exemptions in subsections (14)-(18) may not be implemented
  376  or continued if the Federal Government notifies the department
  377  that implementation or continuation will adversely impact the
  378  allocation of federal funds to the department. If the exemptions
  379  in subsections (14)-(18) are not implemented or continued due to
  380  notification from the Federal Government that the allocation of
  381  federal funds to the department will be adversely impacted, the
  382  department shall provide notice to the sign owner that the sign
  383  must be removed within 30 days. If the sign is not removed
  384  within 30 days after receipt of the notice by the sign owner,
  385  the department may remove the sign, and the costs incurred in
  386  connection with the sign removal shall be assessed against and
  387  collected from the sign owner.
  388         Section 6. Section 479.262, Florida Statutes, is amended to
  389  read:
  390         479.262 Tourist-oriented directional sign program.—
  391         (1) A tourist-oriented directional sign program to provide
  392  directions to rural tourist-oriented businesses, services, and
  393  activities may be established for intersections on rural and
  394  conventional state, county, or municipal roads only in rural
  395  counties identified by criteria and population in s. 288.0656
  396  when approved and permitted by county or local government
  397  entities within their respective jurisdictional areas at
  398  intersections on rural and conventional state, county, or
  399  municipal roads. A county or local government that which issues
  400  permits for a tourist-oriented directional sign program is shall
  401  be responsible for sign construction, maintenance, and program
  402  operation in compliance with subsection (3) for roads on the
  403  state highway system and may establish permit fees sufficient to
  404  offset associated costs. A tourist-oriented directional sign may
  405  not be used on roads in urban areas or at interchanges on
  406  freeways or expressways.
  407         (2) This section does not create a proprietary or
  408  compensable interest in any tourist-oriented directional sign
  409  site or location for any permittee on any rural and conventional
  410  state, county, or municipal road roads. The department or the
  411  permitting entity may terminate permits or change locations of
  412  tourist-oriented directional sign sites as determined necessary
  413  for construction or improvement of transportation facilities or
  414  for improved traffic control or safety.
  415         (3) Tourist-oriented directional signs installed on the
  416  state highway system must shall comply with the requirements of
  417  the federal Manual on Uniform Traffic Control Devices and rules
  418  established by the department. The department may adopt rules to
  419  establish requirements for participant qualification,
  420  construction standards, location of sign sites, and other
  421  criteria necessary to implement this program.
  422         Section 7. This act shall take effect July 1, 2014.