Florida Senate - 2014                CS for CS for CS for SB 218
       By the Committees on Transportation; Appropriations; and
       Transportation; and Senator Grimsley
       596-03267-14                                           2014218c3
    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         335.06, F.S.; authorizing the Department of
    6         Transportation to improve and maintain roads that
    7         provide access to property within the state park
    8         system if they are part of a county road system or
    9         city street system; requiring that the appropriate
   10         county or municipality maintain such a road if the
   11         department does not maintain it; amending s. 337.403,
   12         F.S.; providing an exception for payment of certain
   13         utility work necessitated by a project on the State
   14         Highway System for municipally owned utilities or
   15         county-owned utilities located in rural areas of
   16         critical economic concern; authorizing the Department
   17         of Transportation to pay for such costs under certain
   18         circumstances; creating s. 339.041, F.S.; providing
   19         legislative intent; describing the types of department
   20         property eligible for factoring future revenues
   21         received by the department from leases for
   22         communication facilities on department property;
   23         authorizing the department to enter into agreements
   24         with investors to purchase the revenue streams from
   25         department leases of wireless communication facilities
   26         on such property pursuant to an invitation to
   27         negotiate; prohibiting the department from pledging
   28         state credit; allowing the department to make certain
   29         covenants; providing for the appropriation and payment
   30         of moneys received from such agreements to investors;
   31         requiring the proceeds from such leases to be used for
   32         capital expenditures; amending s. 339.2818, F.S.;
   33         subject to the appropriation of specified additional
   34         funding, authorizing a municipality within a rural
   35         area of critical economic concern or a rural area of
   36         critical economic concern community to compete for
   37         certain funding; providing criteria; amending s.
   38         479.16, F.S.; exempting certain signs from the
   39         provisions of ch. 479, F.S.; exempting from permitting
   40         certain signs placed by tourist-oriented businesses,
   41         certain farm signs placed during harvest seasons,
   42         certain acknowledgment signs on publicly funded school
   43         premises, and certain displays on specific sports
   44         facilities; providing that certain provisions relating
   45         to the regulation of signs may not be implemented or
   46         continued if such actions will adversely impact the
   47         allocation of federal funds to the Department of
   48         Transportation; directing the department to notify a
   49         sign owner that the sign must be removed within a
   50         certain timeframe if federal funds are adversely
   51         impacted; authorizing the department to remove the
   52         sign and assess costs against the sign owner under
   53         certain circumstances; amending s. 479.262, F.S.;
   54         clarifying provisions relating to the tourist-oriented
   55         directional sign program; limiting the placement of
   56         such signs to intersections on certain rural roads;
   57         prohibiting such signs in urban areas or at
   58         interchanges on freeways or expressways; providing an
   59         effective date.
   61  Be It Enacted by the Legislature of the State of Florida:
   63         Section 1. Subsection (4) of section 316.2397, Florida
   64  Statutes, is amended to read:
   65         316.2397 Certain lights prohibited; exceptions.—
   66         (4) Road or street maintenance equipment, road or street
   67  maintenance vehicles, road service vehicles, refuse collection
   68  vehicles, petroleum tankers, and mail carrier vehicles may show
   69  or display amber lights when in operation or a hazard exists. A
   70  commercial motor vehicle or trailer designed to transport
   71  unprocessed logs or pulpwood may show or display an amber light
   72  affixed to the rearmost point of the vehicle or trailer.
   73         Section 2. Section 335.06, Florida Statutes, is amended to
   74  read:
   75         335.06 Access roads to the state park system.—Any road that
   76  which provides access to property within the state park system
   77  shall be maintained by the department if the road is a part of
   78  the State Highway System; however, if such road is part of a
   79  county road system or city street system, the department may
   80  improve and maintain it. If the department does not maintain a
   81  county or city road that provides access to the state park
   82  system, the road or shall be maintained by the appropriate
   83  county or municipality if the road is a part of the county road
   84  system or the city street system.
   85         Section 3. Subsection (1) of section 337.403, Florida
   86  Statutes, is amended to read:
   87         337.403 Interference caused by relocation of utility;
   88  expenses.—
   89         (1) If a utility that is placed upon, under, over, or along
   90  any public road or publicly owned rail corridor is found by the
   91  authority to be unreasonably interfering in any way with the
   92  convenient, safe, or continuous use, or the maintenance,
   93  improvement, extension, or expansion, of such public road or
   94  publicly owned rail corridor, the utility owner shall, upon 30
   95  days’ written notice to the utility or its agent by the
   96  authority, initiate the work necessary to alleviate the
   97  interference at its own expense except as provided in paragraphs
   98  (a)-(h) (a)-(g). The work must be completed within such
   99  reasonable time as stated in the notice or such time as agreed
  100  to by the authority and the utility owner.
  101         (a) If the relocation of utility facilities, as referred to
  102  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  103  84-627 627 of the 84th Congress, is necessitated by the
  104  construction of a project on the federal-aid interstate system,
  105  including extensions thereof within urban areas, and the cost of
  106  the project is eligible and approved for reimbursement by the
  107  Federal Government to the extent of 90 percent or more under the
  108  Federal Aid Highway Act, or any amendment thereof, then in that
  109  event the utility owning or operating such facilities shall
  110  perform any necessary work upon notice from the department, and
  111  the state shall pay the entire expense properly attributable to
  112  such work after deducting therefrom any increase in the value of
  113  a new facility and any salvage value derived from an old
  114  facility.
  115         (b) When a joint agreement between the department and the
  116  utility is executed for utility work to be accomplished as part
  117  of a contract for construction of a transportation facility, the
  118  department may participate in those utility work costs that
  119  exceed the department’s official estimate of the cost of the
  120  work by more than 10 percent. The amount of such participation
  121  is shall be limited to the difference between the official
  122  estimate of all the work in the joint agreement plus 10 percent
  123  and the amount awarded for this work in the construction
  124  contract for such work. The department may not participate in
  125  any utility work costs that occur as a result of changes or
  126  additions during the course of the contract.
  127         (c) When an agreement between the department and utility is
  128  executed for utility work to be accomplished in advance of a
  129  contract for construction of a transportation facility, the
  130  department may participate in the cost of clearing and grubbing
  131  necessary to perform such work.
  132         (d) If the utility facility was initially installed to
  133  exclusively serve the authority or its tenants, or both, the
  134  authority shall bear the costs of the utility work. However, the
  135  authority is not responsible for the cost of utility work
  136  related to any subsequent additions to that facility for the
  137  purpose of serving others.
  138         (e) If, under an agreement between a utility and the
  139  authority entered into after July 1, 2009, the utility conveys,
  140  subordinates, or relinquishes a compensable property right to
  141  the authority for the purpose of accommodating the acquisition
  142  or use of the right-of-way by the authority, without the
  143  agreement expressly addressing future responsibility for the
  144  cost of necessary utility work, the authority shall bear the
  145  cost of removal or relocation. This paragraph does not impair or
  146  restrict, and may not be used to interpret, the terms of any
  147  such agreement entered into before July 1, 2009.
  148         (f) If the utility is an electric facility being relocated
  149  underground in order to enhance vehicular, bicycle, and
  150  pedestrian safety and in which ownership of the electric
  151  facility to be placed underground has been transferred from a
  152  private to a public utility within the past 5 years, the
  153  department shall incur all costs of the necessary utility work.
  154         (g) An authority may bear the costs of utility work
  155  required to eliminate an unreasonable interference when the
  156  utility is not able to establish that it has a compensable
  157  property right in the particular property where the utility is
  158  located if:
  159         1. The utility was physically located on the particular
  160  property before the authority acquired rights in the property;
  161         2. The utility demonstrates that it has a compensable
  162  property right in all adjacent properties along the alignment of
  163  the utility; and
  164         3. The information available to the authority does not
  165  establish the relative priorities of the authority’s and the
  166  utility’s interests in the particular property.
  167         (h)If a municipally owned utility or county-owned utility
  168  is located in a rural area of critical economic concern, as
  169  defined in s. 288.0656(2), and the department determines that
  170  the utility is unable, and will not be able within the next 10
  171  years, to pay for the cost of utility work necessitated by a
  172  department project on the State Highway System, the department
  173  may pay, in whole or in part, the cost of such utility work
  174  performed by the department or its contractor.
  175         Section 4. Section 339.041, Florida Statutes, is created to
  176  read:
  177         339.041Factoring of revenues from leases for wireless
  178  communication facilities.—
  179         (1)The Legislature finds that efforts to increase funding
  180  for capital expenditures for the transportation system are
  181  necessary for the protection of the public safety and general
  182  welfare and for the preservation of transportation facilities in
  183  this state. It is, therefore, the intent of the Legislature:
  184         (a) To create a mechanism for factoring future revenues
  185  received by the department from leases for wireless
  186  communication facilities on department property on a nonrecourse
  187  basis;
  188         (b)To fund fixed capital expenditures for the statewide
  189  transportation system from proceeds generated through this
  190  mechanism; and
  191         (c)To maximize revenues from factoring by ensuring that
  192  such revenues are exempt from income taxation under federal law
  193  in order to increase funds available for capital expenditures.
  194         (2) For the purposes of factoring revenues under this
  195  section, department property includes real property located
  196  within the department’s limited access rights-of-way, property
  197  located outside the current operating right-of-way limits which
  198  is not needed to support current transportation facilities,
  199  other property owned by the Board of Trustees of the Internal
  200  Improvement Trust Fund and leased by the department, space on
  201  department telecommunications facilities, and space on
  202  department structures.
  203         (3) The department may solicit investors willing to enter
  204  into agreements to purchase the revenue stream from one or more
  205  existing department leases for wireless communication facilities
  206  on property owned or controlled by the department through the
  207  issuance of an invitation to negotiate. Such agreements shall be
  208  structured as tax-exempt financings for federal income tax
  209  purposes in order to result in the largest possible payout.
  210         (4) The department may not pledge the credit, the general
  211  revenues, or the taxing power of the state or of any political
  212  subdivision of the state. The obligations of the department and
  213  investors under the agreement do not constitute a general
  214  obligation of the state or a pledge of the full faith and credit
  215  or taxing power of the state. The agreement is payable from and
  216  secured solely by payments received from department leases for
  217  wireless communication facilities on property owned or
  218  controlled by the department, and neither the state nor any of
  219  its agencies has any liability beyond such payments.
  220         (5) The department may make any covenant or representation
  221  necessary or desirable in connection with the agreement,
  222  including a commitment by the department to take whatever
  223  actions are necessary on behalf of investors to enforce the
  224  department’s rights to payments on property leased for wireless
  225  communications facilities. However, the department may not
  226  guarantee that revenues actually received in a future year will
  227  be those anticipated in its leases for wireless communication
  228  facilities. The department may agree to use its best efforts to
  229  ensure that anticipated future-year revenues are protected. Any
  230  risk that actual revenues received from department leases for
  231  wireless communications facilities will be lower than
  232  anticipated shall be borne exclusively by investors.
  233         (6) Subject to annual appropriation, the investors shall
  234  collect the lease payments on a schedule and in a manner
  235  established in the agreements entered into pursuant to this
  236  section between the department and the investors. The agreements
  237  may provide for lease payments to be made directly to investors
  238  by lessees if the lease agreements entered into by the
  239  department and the lessees pursuant to s. 365.172(12)(f) allow
  240  direct payment.
  241         (7) Proceeds received by the department from leases for
  242  wireless communication facilities shall be deposited in the
  243  State Transportation Trust Fund created under s. 206.46 and used
  244  for fixed capital expenditures for the statewide transportation
  245  system.
  246         Section 5. Subsection (7) is added to section 339.2818,
  247  Florida Statutes, to read:
  248         339.2818 Small County Outreach Program.—
  249         (7) Subject to a specific appropriation in addition to
  250  funds annually appropriated for projects under this section, a
  251  municipality within a rural area of critical economic concern or
  252  a rural area of critical economic concern community designated
  253  under s. 288.0656(7)(a) may compete for the additional project
  254  funding using the criteria listed in subsection (4) at up to 100
  255  percent of project costs, excluding capacity improvement
  256  projects.
  257         Section 6. Section 479.16, Florida Statutes, is amended to
  258  read:
  259         479.16 Signs for which permits are not required.—Signs
  260  placed on benches, transit shelters, modular news racks, street
  261  light poles, public pay telephones, and waste disposal
  262  receptacles within the right-of-way, as provided under s.
  263  337.408, are exempt from this chapter. The following signs are
  264  exempt from the requirement that a permit for a sign be obtained
  265  under the provisions of this chapter but must are required to
  266  comply with the provisions of s. 479.11(4)-(8):
  267         (1) Signs erected on the premises of an establishment,
  268  which signs consist primarily of the name of the establishment
  269  or which identify the principal or accessory merchandise,
  270  services, activities, or entertainment sold, produced,
  271  manufactured, or furnished on the premises of the establishment
  272  and which comply with the lighting restrictions imposed under
  273  department rule adopted pursuant to s. 479.11(5), or signs owned
  274  by a municipality or a county located on the premises of such
  275  municipality or such county which display information regarding
  276  government services, activities, events, or entertainment. For
  277  purposes of this section, the following types of messages shall
  278  not be considered information regarding government services,
  279  activities, events, or entertainment:
  280         (a) Messages that which specifically reference any
  281  commercial enterprise.
  282         (b) Messages that which reference a commercial sponsor of
  283  any event.
  284         (c) Personal messages.
  285         (d) Political campaign messages.
  287  If a sign located on the premises of an establishment consists
  288  principally of brand name or trade name advertising and the
  289  merchandise or service is only incidental to the principal
  290  activity, or if the owner of the establishment receives rental
  291  income from the sign, then the sign is not exempt under this
  292  subsection.
  293         (2) Signs erected, used, or maintained on a farm by the
  294  owner or lessee of such farm and relating solely to farm
  295  produce, merchandise, service, or entertainment sold, produced,
  296  manufactured, or furnished on such farm.
  297         (3) Signs posted or displayed on real property by the owner
  298  or by the authority of the owner, stating that the real property
  299  is for sale or rent. However, if the sign contains any message
  300  not pertaining to the sale or rental of the that real property,
  301  then it is not exempt under this section.
  302         (4) Official notices or advertisements posted or displayed
  303  on private property by or under the direction of any public or
  304  court officer in the performance of her or his official or
  305  directed duties, or by trustees under deeds of trust or deeds of
  306  assignment or other similar instruments.
  307         (5) Danger or precautionary signs relating to the premises
  308  on which they are located; forest fire warning signs erected
  309  under the authority of the Florida Forest Service of the
  310  Department of Agriculture and Consumer Services; and signs,
  311  notices, or symbols erected by the United States Government
  312  under the direction of the United States Forestry Service.
  313         (6) Notices of any railroad, bridge, ferry, or other
  314  transportation or transmission company necessary for the
  315  direction or safety of the public.
  316         (7) Signs, notices, or symbols for the information of
  317  aviators as to location, directions, and landings and conditions
  318  affecting safety in aviation erected or authorized by the
  319  department.
  320         (8) Signs or notices measuring up to 8 square feet in area
  321  which are erected or maintained upon property and state stating
  322  only the name of the owner, lessee, or occupant of the premises
  323  and not exceeding 8 square feet in area.
  324         (9) Historical markers erected by duly constituted and
  325  authorized public authorities.
  326         (10) Official traffic control signs and markers erected,
  327  caused to be erected, or approved by the department.
  328         (11) Signs erected upon property warning the public against
  329  hunting and fishing or trespassing thereon.
  330         (12) Signs not in excess of up to 8 square feet which that
  331  are owned by and relate to the facilities and activities of
  332  churches, civic organizations, fraternal organizations,
  333  charitable organizations, or units or agencies of government.
  334         (13) Except that signs placed on benches, transit shelters,
  335  and waste receptacles as provided for in s. 337.408 are exempt
  336  from all provisions of this chapter.
  337         (13)(14) Signs relating exclusively to political campaigns.
  338         (14)(15) Signs measuring up to not in excess of 16 square
  339  feet placed at a road junction with the State Highway System
  340  denoting only the distance or direction of a residence or farm
  341  operation, or, outside an incorporated in a rural area where a
  342  hardship is created because a small business is not visible from
  343  the road junction with the State Highway System, one sign
  344  measuring up to not in excess of 16 square feet, denoting only
  345  the name of the business and the distance and direction to the
  346  business. The small-business-sign provision of this subsection
  347  does not apply to charter counties and may not be implemented if
  348  the Federal Government notifies the department that
  349  implementation will adversely affect the allocation of federal
  350  funds to the department.
  351         (15)Signs placed by a local tourist-oriented business
  352  located within a rural area of critical economic concern as
  353  defined in s. 288.0656(2) which are:
  354         (a)Not more than 8 square feet in size or not more than 4
  355  feet in height;
  356         (b) Located only in rural areas on a facility that does not
  357  meet the definition of a limited access facility as defined by
  358  department rule;
  359         (c)Located within 2 miles of the business location and at
  360  least 500 feet apart;
  361         (d)Located only in two directions leading to the business;
  362  and
  363         (e)Not located within the road right-of-way.
  365  A business placing such signs must be at least 4 miles from any
  366  other business using this exemption and may not participate in
  367  any other directional signage program by the department.
  368         (16)Signs measuring up to 32 square feet denoting only the
  369  distance or direction of a farm operation which are erected at a
  370  road junction with the State Highway System, but only during the
  371  harvest season of the farm operation for a period not to exceed
  372  4 months.
  373         (17)Acknowledgment signs erected upon publicly funded
  374  school premises which relate to a specific public school club,
  375  team, or event which are placed at least 1,000 feet from any
  376  other acknowledgment signs on the same side of the roadway. The
  377  sponsor information on an acknowledgment sign may constitute no
  378  more than 100 square feet of the sign. For purposes of this
  379  subsection, the term “acknowledgment sign” means a sign that is
  380  intended to inform the traveling public that a public school
  381  club, team, or event has been sponsored by a person, firm, or
  382  other entity.
  383         (18)Displays erected upon a sports facility the content of
  384  which is directly related to the facility’s activities or where
  385  products or services offered on the sports facility property are
  386  present. Displays must be mounted flush to the surface of the
  387  sports facility and must rely upon the building facade for
  388  structural support. For purposes of this subsection, the term
  389  “sports facility” means an athletic complex, athletic arena, or
  390  athletic stadium, including physically connected parking
  391  facilities, which is open to the public and has a permanently
  392  installed seating capacity of 15,000 people or more.
  394  The exemptions in subsections (14)-(18) may not be implemented
  395  or continued if the Federal Government notifies the department
  396  that implementation or continuation will adversely impact the
  397  allocation of federal funds to the department. If the exemptions
  398  in subsections (14)-(18) are not implemented or continued due to
  399  notification from the Federal Government that the allocation of
  400  federal funds to the department will be adversely impacted, the
  401  department shall provide notice to the sign owner that the sign
  402  must be removed within 30 days. If the sign is not removed
  403  within 30 days after receipt of the notice by the sign owner,
  404  the department may remove the sign, and the costs incurred in
  405  connection with the sign removal shall be assessed against and
  406  collected from the sign owner.
  407         Section 7. Section 479.262, Florida Statutes, is amended to
  408  read:
  409         479.262 Tourist-oriented directional sign program.—
  410         (1) A tourist-oriented directional sign program to provide
  411  directions to rural tourist-oriented businesses, services, and
  412  activities may be established for intersections on rural and
  413  conventional state, county, or municipal roads only in rural
  414  counties identified by criteria and population in s. 288.0656
  415  when approved and permitted by county or local government
  416  entities within their respective jurisdictional areas at
  417  intersections on rural and conventional state, county, or
  418  municipal roads. A county or local government that which issues
  419  permits for a tourist-oriented directional sign program is shall
  420  be responsible for sign construction, maintenance, and program
  421  operation in compliance with subsection (3) for roads on the
  422  state highway system and may establish permit fees sufficient to
  423  offset associated costs. A tourist-oriented directional sign may
  424  not be used on roads in urban areas or at interchanges on
  425  freeways or expressways.
  426         (2) This section does not create a proprietary or
  427  compensable interest in any tourist-oriented directional sign
  428  site or location for any permittee on any rural and conventional
  429  state, county, or municipal road roads. The department or the
  430  permitting entity may terminate permits or change locations of
  431  tourist-oriented directional sign sites as determined necessary
  432  for construction or improvement of transportation facilities or
  433  for improved traffic control or safety.
  434         (3) Tourist-oriented directional signs installed on the
  435  state highway system must shall comply with the requirements of
  436  the federal Manual on Uniform Traffic Control Devices and rules
  437  established by the department. The department may adopt rules to
  438  establish requirements for participant qualification,
  439  construction standards, location of sign sites, and other
  440  criteria necessary to implement this program.
  441         Section 8. This act shall take effect July 1, 2014.