CS for CS for CS for SB 218                     Second Engrossed
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 125.42,
    3         F.S.; requiring utility and television lines to be
    4         removed from county roads and highways at no cost to
    5         the county if the county finds the lines to be
    6         unreasonably interfering with the widening, repair, or
    7         reconstruction of any such road; providing certain
    8         exceptions; amending s. 316.2397, F.S.; expanding the
    9         types of vehicles that may show or display an amber
   10         light; amending s. 335.06, F.S.; authorizing the
   11         Department of Transportation to improve and maintain
   12         roads that provide access to property within the state
   13         park system if they are part of a county road system
   14         or city street system; requiring that the appropriate
   15         county or municipality maintain such a road if the
   16         department does not maintain it; amending s. 335.065,
   17         F.S.; authorizing the department to use appropriated
   18         funds for the establishment of a statewide system of
   19         interconnected multiuse trails; prioritizing projects
   20         for funding; requiring funded projects to be included
   21         in the department’s work program; providing that the
   22         department is not responsible for or obligated to
   23         provide funds for the operation and maintenance of any
   24         such project; amending s. 337.403, F.S.; providing an
   25         exception for payment of certain utility work
   26         necessitated by a project on the State Highway System
   27         for municipally owned utilities or county-owned
   28         utilities located in rural areas of critical economic
   29         concern; authorizing the Department of Transportation
   30         to pay for such costs under certain circumstances;
   31         revising certain exceptions; providing an exception
   32         for certain rail service projects; creating s.
   33         339.041, F.S.; providing legislative intent;
   34         describing the types of department property eligible
   35         for factoring future revenues received by the
   36         department from leases for communication facilities on
   37         department property; authorizing the department to
   38         enter into agreements with investors to purchase the
   39         revenue streams from department leases of wireless
   40         communication facilities on such property pursuant to
   41         an invitation to negotiate; prohibiting the department
   42         from pledging state credit; allowing the department to
   43         make certain covenants; providing for the
   44         appropriation and payment of moneys received from such
   45         agreements to investors; requiring the proceeds from
   46         such leases to be used for capital expenditures;
   47         amending s. 339.2818, F.S.; subject to the
   48         appropriation of specified additional funding,
   49         authorizing a municipality within a rural area of
   50         critical economic concern or a rural area of critical
   51         economic concern community to compete for certain
   52         funding; providing criteria; amending ss. 348.53 and
   53         348.54, F.S.; revising the powers of the Tampa
   54         Hillsborough County Expressway Authority; creating s.
   55         341.103, F.S.; authorizing the director of a
   56         transportation system or his or her designee to
   57         dispose of personal property found on a public
   58         transportation system; providing procedures for
   59         disposal; amending s. 479.16, F.S.; exempting certain
   60         signs from the provisions of ch. 479, F.S.; exempting
   61         from permitting certain signs placed by tourist
   62         oriented businesses, certain farm signs placed during
   63         harvest seasons, certain acknowledgment signs on
   64         publicly funded school premises, and certain displays
   65         on specific sports facilities; providing that certain
   66         provisions relating to the regulation of signs may not
   67         be implemented or continued if such actions will
   68         adversely impact the allocation of federal funds to
   69         the Department of Transportation; directing the
   70         department to notify a sign owner that the sign must
   71         be removed within a certain timeframe if federal funds
   72         are adversely impacted; authorizing the department to
   73         remove the sign and assess costs against the sign
   74         owner under certain circumstances; amending s.
   75         479.262, F.S.; clarifying provisions relating to the
   76         tourist-oriented directional sign program; limiting
   77         the placement of such signs to intersections on
   78         certain rural roads; prohibiting such signs in urban
   79         areas or at interchanges on freeways or expressways;
   80         providing an effective date.
   82  Be It Enacted by the Legislature of the State of Florida:
   84         Section 1. Subsection (5) of section 125.42, Florida
   85  Statutes, is amended to read:
   86         125.42 Water, sewage, gas, power, telephone, other utility,
   87  and television lines along county roads and highways.—
   88         (5) In the event of widening, repair, or reconstruction of
   89  any such road, the licensee shall move or remove such water,
   90  sewage, gas, power, telephone, and other utility lines and
   91  television lines at no cost to the county should they be found
   92  by the county to be unreasonably interfering, except as provided
   93  in s. 337.403(1)(d)-(i) s. 337.403(1)(e).
   94         Section 2. Subsection (4) of section 316.2397, Florida
   95  Statutes, is amended to read:
   96         316.2397 Certain lights prohibited; exceptions.—
   97         (4) Road or street maintenance equipment, road or street
   98  maintenance vehicles, road service vehicles, refuse collection
   99  vehicles, petroleum tankers, and mail carrier vehicles may show
  100  or display amber lights when in operation or a hazard exists. A
  101  commercial motor vehicle or trailer designed to transport
  102  unprocessed logs or pulpwood may show or display an amber light
  103  affixed to the rearmost point of the vehicle or trailer.
  104         Section 3. Section 335.06, Florida Statutes, is amended to
  105  read:
  106         335.06 Access roads to the state park system.—Any road that
  107  which provides access to property within the state park system
  108  shall be maintained by the department if the road is a part of
  109  the State Highway System; however, if such road is part of a
  110  county road system or city street system, the department may
  111  improve and maintain it. If the department does not maintain a
  112  county or city road that provides access to the state park
  113  system, the road or shall be maintained by the appropriate
  114  county or municipality if the road is a part of the county road
  115  system or the city street system.
  116         Section 4. Subsections (4) and (5) are added to section
  117  335.065, Florida Statutes, to read:
  118         335.065 Bicycle and pedestrian ways along state roads and
  119  transportation facilities.—
  120         (4) The department may use appropriated funds to support
  121  the establishment of a statewide system of interconnected
  122  multiuse trails and to pay the cost of planning, land
  123  acquisition, design, and construction of such trails and related
  124  facilities. The department shall give funding priority to
  125  projects that:
  126         (a) Are identified by the Florida Greenways and Trails
  127  Council as a priority within the Florida Greenways and Trails
  128  System under chapter 260.
  129         (b) Support the transportation needs of bicyclists and
  130  pedestrians.
  131         (c) Have national, statewide, or regional importance.
  132         (d) Facilitate an interconnected system of trails by
  133  completing gaps between existing trails.
  134         (5) A project funded under subsection (4) shall:
  135         (a) Be included in the department’s work program developed
  136  in accordance with s. 339.135.
  137         (b) Be operated and maintained by an entity other than the
  138  department upon completion of construction. The department is
  139  not obligated to provide funds for the operation and maintenance
  140  of the project.
  141         Section 5. Subsection (1) of section 337.403, Florida
  142  Statutes, is amended to read:
  143         337.403 Interference caused by relocation of utility;
  144  expenses.—
  145         (1) If a utility that is placed upon, under, over, or along
  146  any public road or publicly owned rail corridor is found by the
  147  authority to be unreasonably interfering in any way with the
  148  convenient, safe, or continuous use, or the maintenance,
  149  improvement, extension, or expansion, of such public road or
  150  publicly owned rail corridor, the utility owner shall, upon 30
  151  days’ written notice to the utility or its agent by the
  152  authority, initiate the work necessary to alleviate the
  153  interference at its own expense except as provided in paragraphs
  154  (a)-(i) (a)-(g). The work must be completed within such
  155  reasonable time as stated in the notice or such time as agreed
  156  to by the authority and the utility owner.
  157         (a) If the relocation of utility facilities, as referred to
  158  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  159  84-627 627 of the 84th Congress, is necessitated by the
  160  construction of a project on the federal-aid interstate system,
  161  including extensions thereof within urban areas, and the cost of
  162  the project is eligible and approved for reimbursement by the
  163  Federal Government to the extent of 90 percent or more under the
  164  Federal Aid Highway Act, or any amendment thereof, then in that
  165  event the utility owning or operating such facilities shall
  166  perform any necessary work upon notice from the department, and
  167  the state shall pay the entire expense properly attributable to
  168  such work after deducting therefrom any increase in the value of
  169  a new facility and any salvage value derived from an old
  170  facility.
  171         (b) When a joint agreement between the department and the
  172  utility is executed for utility work to be accomplished as part
  173  of a contract for construction of a transportation facility, the
  174  department may participate in those utility work costs that
  175  exceed the department’s official estimate of the cost of the
  176  work by more than 10 percent. The amount of such participation
  177  is shall be limited to the difference between the official
  178  estimate of all the work in the joint agreement plus 10 percent
  179  and the amount awarded for this work in the construction
  180  contract for such work. The department may not participate in
  181  any utility work costs that occur as a result of changes or
  182  additions during the course of the contract.
  183         (c) When an agreement between the department and utility is
  184  executed for utility work to be accomplished in advance of a
  185  contract for construction of a transportation facility, the
  186  department may participate in the cost of clearing and grubbing
  187  necessary to perform such work.
  188         (d) If the utility facility was initially installed to
  189  exclusively serve the authority or its tenants, or both, the
  190  authority shall bear the costs of the utility work. However, the
  191  authority is not responsible for the cost of utility work
  192  related to any subsequent additions to that facility for the
  193  purpose of serving others. For a county or municipality, if such
  194  utility facility was installed in the right-of-way as a means to
  195  serve a county or municipal facility on a parcel of property
  196  adjacent to the right-of-way and if the intended use of the
  197  county or municipal facility is for a use other than
  198  transportation purposes, the obligation of the county or
  199  municipality to bear the costs of the utility work shall extend
  200  only to utility work on the parcel of property on which the
  201  facility of the county or municipality originally served by the
  202  utility facility is located.
  203         (e) If, under an agreement between a utility and the
  204  authority entered into after July 1, 2009, the utility conveys,
  205  subordinates, or relinquishes a compensable property right to
  206  the authority for the purpose of accommodating the acquisition
  207  or use of the right-of-way by the authority, without the
  208  agreement expressly addressing future responsibility for the
  209  cost of necessary utility work, the authority shall bear the
  210  cost of removal or relocation. This paragraph does not impair or
  211  restrict, and may not be used to interpret, the terms of any
  212  such agreement entered into before July 1, 2009.
  213         (f) If the utility is an electric facility being relocated
  214  underground in order to enhance vehicular, bicycle, and
  215  pedestrian safety and in which ownership of the electric
  216  facility to be placed underground has been transferred from a
  217  private to a public utility within the past 5 years, the
  218  department shall incur all costs of the necessary utility work.
  219         (g) An authority may bear the costs of utility work
  220  required to eliminate an unreasonable interference when the
  221  utility is not able to establish that it has a compensable
  222  property right in the particular property where the utility is
  223  located if:
  224         1. The utility was physically located on the particular
  225  property before the authority acquired rights in the property;
  226         2. The utility demonstrates that it has a compensable
  227  property right in all adjacent properties along the alignment of
  228  the utility or, after due diligence, certifies that the utility
  229  does not have evidence to prove or disprove that it has a
  230  compensable property right in the particular property where the
  231  utility is located; and
  232         3. The information available to the authority does not
  233  establish the relative priorities of the authority’s and the
  234  utility’s interests in the particular property.
  235         (h) If a municipally owned utility or county-owned utility
  236  is located in a rural area of critical economic concern, as
  237  defined in s. 288.0656(2), and the department determines that
  238  the utility is unable, and will not be able within the next 10
  239  years, to pay for the cost of utility work necessitated by a
  240  department project on the State Highway System, the department
  241  may pay, in whole or in part, the cost of such utility work
  242  performed by the department or its contractor.
  243         (i) If the relocation of utility facilities is necessitated
  244  by the construction of a commuter rail service project or an
  245  intercity passenger rail service project and the cost of the
  246  project is eligible and approved for reimbursement by the
  247  Federal Government, then in that event the utility owning or
  248  operating such facilities located by permit on a department
  249  owned rail corridor shall perform any necessary utility
  250  relocation work upon notice from the department, and the
  251  department shall pay the expense properly attributable to such
  252  utility relocation work in the same proportion as federal funds
  253  are expended on the commuter rail service project or an
  254  intercity passenger rail service project after deducting
  255  therefrom any increase in the value of a new facility and any
  256  salvage value derived from an old facility. In no event shall
  257  the state be required to use state dollars for such utility
  258  relocation work. This paragraph does not apply to any phase of
  259  the Central Florida Commuter Rail project, known as SunRail.
  260         Section 6. Section 339.041, Florida Statutes, is created to
  261  read:
  262         339.041Factoring of revenues from leases for wireless
  263  communication facilities.—
  264         (1)The Legislature finds that efforts to increase funding
  265  for capital expenditures for the transportation system are
  266  necessary for the protection of the public safety and general
  267  welfare and for the preservation of transportation facilities in
  268  this state. It is, therefore, the intent of the Legislature:
  269         (a) To create a mechanism for factoring future revenues
  270  received by the department from leases for wireless
  271  communication facilities on department property on a nonrecourse
  272  basis;
  273         (b)To fund fixed capital expenditures for the statewide
  274  transportation system from proceeds generated through this
  275  mechanism; and
  276         (c)To maximize revenues from factoring by ensuring that
  277  such revenues are exempt from income taxation under federal law
  278  in order to increase funds available for capital expenditures.
  279         (2) For the purposes of factoring revenues under this
  280  section, department property includes real property located
  281  within the department’s limited access rights-of-way, property
  282  located outside the current operating right-of-way limits which
  283  is not needed to support current transportation facilities,
  284  other property owned by the Board of Trustees of the Internal
  285  Improvement Trust Fund and leased by the department, space on
  286  department telecommunications facilities, and space on
  287  department structures.
  288         (3) The department may solicit investors willing to enter
  289  into agreements to purchase the revenue stream from one or more
  290  existing department leases for wireless communication facilities
  291  on property owned or controlled by the department through the
  292  issuance of an invitation to negotiate. Such agreements shall be
  293  structured as tax-exempt financings for federal income tax
  294  purposes in order to result in the largest possible payout.
  295         (4) The department may not pledge the credit, the general
  296  revenues, or the taxing power of the state or of any political
  297  subdivision of the state. The obligations of the department and
  298  investors under the agreement do not constitute a general
  299  obligation of the state or a pledge of the full faith and credit
  300  or taxing power of the state. The agreement is payable from and
  301  secured solely by payments received from department leases for
  302  wireless communication facilities on property owned or
  303  controlled by the department, and neither the state nor any of
  304  its agencies has any liability beyond such payments.
  305         (5) The department may make any covenant or representation
  306  necessary or desirable in connection with the agreement,
  307  including a commitment by the department to take whatever
  308  actions are necessary on behalf of investors to enforce the
  309  department’s rights to payments on property leased for wireless
  310  communications facilities. However, the department may not
  311  guarantee that revenues actually received in a future year will
  312  be those anticipated in its leases for wireless communication
  313  facilities. The department may agree to use its best efforts to
  314  ensure that anticipated future-year revenues are protected. Any
  315  risk that actual revenues received from department leases for
  316  wireless communications facilities will be lower than
  317  anticipated shall be borne exclusively by investors.
  318         (6) Subject to annual appropriation, the investors shall
  319  collect the lease payments on a schedule and in a manner
  320  established in the agreements entered into pursuant to this
  321  section between the department and the investors. The agreements
  322  may provide for lease payments to be made directly to investors
  323  by lessees if the lease agreements entered into by the
  324  department and the lessees pursuant to s. 365.172(12)(f) allow
  325  direct payment.
  326         (7) Proceeds received by the department from leases for
  327  wireless communication facilities shall be deposited in the
  328  State Transportation Trust Fund created under s. 206.46 and used
  329  for fixed capital expenditures for the statewide transportation
  330  system.
  331         Section 7. Subsection (7) is added to section 339.2818,
  332  Florida Statutes, to read:
  333         339.2818 Small County Outreach Program.—
  334         (7) Subject to a specific appropriation in addition to
  335  funds annually appropriated for projects under this section, a
  336  municipality within a rural area of critical economic concern or
  337  a rural area of critical economic concern community designated
  338  under s. 288.0656(7)(a) may compete for the additional project
  339  funding using the criteria listed in subsection (4) at up to 100
  340  percent of project costs, excluding capacity improvement
  341  projects.
  342         Section 8. Section 348.53, Florida Statutes, is amended to
  343  read:
  344         348.53 Purposes of the authority.—The authority is created
  345  for the purposes and shall have power to construct, reconstruct,
  346  improve, extend, repair, maintain and operate the expressway
  347  system. It is hereby found and declared that such purposes are
  348  in all respects for the benefit of the people of the State of
  349  Florida, the City of Tampa, and the County of Hillsborough, for
  350  the increase of their pleasure, convenience, and welfare;, for
  351  the improvement of their health; and, to facilitate
  352  transportation, including managed lanes and other transit
  353  supporting facilities, for their recreation and commerce and for
  354  the common defense. The authority is shall be performing a
  355  public purpose and a governmental function in carrying out its
  356  corporate purpose and in exercising the powers granted herein.
  357         Section 9. Subsection (15) is added to section 348.54,
  358  Florida Statutes, to read:
  359         348.54 Powers of the authority.—Except as otherwise limited
  360  herein, the authority shall have the power:
  361         (15) With the consent of the county within whose
  362  jurisdiction the activities occur, to construct, operate, and
  363  maintain roads, bridges, avenues of access, thoroughfares, and
  364  boulevards and managed lanes and other transit supporting
  365  facilities outside of the jurisdictional boundaries of
  366  Hillsborough County and within the jurisdictional boundaries of
  367  counties contiguous to Hillsborough County, together with the
  368  right to construct, repair, replace, operate, install, and
  369  maintain such facilities and electronic toll payment systems
  370  thereon or incidental thereto, with all necessary and incidental
  371  powers to accomplish the foregoing.
  372         Section 10. Section 341.103, Florida Statutes, is created
  373  to read:
  374         341.103 Disposal of personal property found on a public
  375  transportation system.—
  376         (1) If personal property is found on a public
  377  transportation system, the director of the system or the
  378  director’s designee shall take charge of the property and make a
  379  record of the date such property was found. If, within 90
  380  calendar days after such property is found, or for a longer
  381  period of time as may be deemed appropriate by the director or
  382  the director’s designee under the circumstances, the property is
  383  not claimed by the owner, the director or the director’s
  384  designee may:
  385         (a) Retain any or all of the property for use by the public
  386  transportation system or for use by the state or the unit of
  387  local government owning or operating the public transportation
  388  system;
  389         (b) Trade or donate such property to another unit of local
  390  government or a state agency;
  391         (c) Donate the property to a charitable organization;
  392         (d) Sell the property; or
  393         (e) Dispose of the property through an appropriate refuse
  394  removal company or a company that provides salvage services for
  395  the type of personal property found or located on the public
  396  transportation system.
  397         (2) The public transportation system shall notify the
  398  owner, if known, that the property has been found and of its
  399  intent to dispose of such property.
  400         (3) If the public transportation system elects to sell the
  401  property, it shall be sold at a public auction on the Internet
  402  or at a specified physical location. Notice of the time and
  403  place of sale must be given at least 10 calendar days before the
  404  date of sale in a publication of general circulation within the
  405  county where the public transportation system is located and
  406  after written notice, via certified mail, return receipt
  407  requested, is provided to the owner, if his or her identity and
  408  address are known. Such notice is sufficient if it refers to the
  409  public transportation system’s intention to sell all then
  410  accumulated found property. There is no requirement that the
  411  notice identify each item to be sold. The rightful owner of such
  412  property may reclaim the property at any time before sale by
  413  presenting acceptable evidence of ownership to the public
  414  transportation system director or the director’s designee. All
  415  proceeds from the sale of the property shall be retained by the
  416  public transportation system for use by the public
  417  transportation system in any lawfully authorized manner.
  418         (4) A purchaser or recipient of personal property sold or
  419  obtained in good faith under this section shall take possession
  420  of the property free of the rights of the persons previously
  421  holding any legal or equitable interest therein, whether or not
  422  recorded.
  423         Section 11. Section 479.16, Florida Statutes, is amended to
  424  read:
  425         479.16 Signs for which permits are not required.—Signs
  426  placed on benches, transit shelters, modular news racks, street
  427  light poles, public pay telephones, and waste disposal
  428  receptacles within the right-of-way, as provided under s.
  429  337.408, are exempt from this chapter. The following signs are
  430  exempt from the requirement that a permit for a sign be obtained
  431  under the provisions of this chapter but must are required to
  432  comply with the provisions of s. 479.11(4)-(8):
  433         (1) Signs erected on the premises of an establishment,
  434  which signs consist primarily of the name of the establishment
  435  or which identify the principal or accessory merchandise,
  436  services, activities, or entertainment sold, produced,
  437  manufactured, or furnished on the premises of the establishment
  438  and which comply with the lighting restrictions imposed under
  439  department rule adopted pursuant to s. 479.11(5), or signs owned
  440  by a municipality or a county located on the premises of such
  441  municipality or such county which display information regarding
  442  government services, activities, events, or entertainment. For
  443  purposes of this section, the following types of messages shall
  444  not be considered information regarding government services,
  445  activities, events, or entertainment:
  446         (a) Messages that which specifically reference any
  447  commercial enterprise.
  448         (b) Messages that which reference a commercial sponsor of
  449  any event.
  450         (c) Personal messages.
  451         (d) Political campaign messages.
  453  If a sign located on the premises of an establishment consists
  454  principally of brand name or trade name advertising and the
  455  merchandise or service is only incidental to the principal
  456  activity, or if the owner of the establishment receives rental
  457  income from the sign, then the sign is not exempt under this
  458  subsection.
  459         (2) Signs erected, used, or maintained on a farm by the
  460  owner or lessee of such farm and relating solely to farm
  461  produce, merchandise, service, or entertainment sold, produced,
  462  manufactured, or furnished on such farm.
  463         (3) Signs posted or displayed on real property by the owner
  464  or by the authority of the owner, stating that the real property
  465  is for sale or rent. However, if the sign contains any message
  466  not pertaining to the sale or rental of the that real property,
  467  then it is not exempt under this section.
  468         (4) Official notices or advertisements posted or displayed
  469  on private property by or under the direction of any public or
  470  court officer in the performance of her or his official or
  471  directed duties, or by trustees under deeds of trust or deeds of
  472  assignment or other similar instruments.
  473         (5) Danger or precautionary signs relating to the premises
  474  on which they are located; forest fire warning signs erected
  475  under the authority of the Florida Forest Service of the
  476  Department of Agriculture and Consumer Services; and signs,
  477  notices, or symbols erected by the United States Government
  478  under the direction of the United States Forestry Service.
  479         (6) Notices of any railroad, bridge, ferry, or other
  480  transportation or transmission company necessary for the
  481  direction or safety of the public.
  482         (7) Signs, notices, or symbols for the information of
  483  aviators as to location, directions, and landings and conditions
  484  affecting safety in aviation erected or authorized by the
  485  department.
  486         (8) Signs or notices measuring up to 8 square feet in area
  487  which are erected or maintained upon property and state stating
  488  only the name of the owner, lessee, or occupant of the premises
  489  and not exceeding 8 square feet in area.
  490         (9) Historical markers erected by duly constituted and
  491  authorized public authorities.
  492         (10) Official traffic control signs and markers erected,
  493  caused to be erected, or approved by the department.
  494         (11) Signs erected upon property warning the public against
  495  hunting and fishing or trespassing thereon.
  496         (12) Signs not in excess of up to 8 square feet which that
  497  are owned by and relate to the facilities and activities of
  498  churches, civic organizations, fraternal organizations,
  499  charitable organizations, or units or agencies of government.
  500         (13) Except that signs placed on benches, transit shelters,
  501  and waste receptacles as provided for in s. 337.408 are exempt
  502  from all provisions of this chapter.
  503         (13)(14) Signs relating exclusively to political campaigns.
  504         (14)(15) Signs measuring up to not in excess of 16 square
  505  feet placed at a road junction with the State Highway System
  506  denoting only the distance or direction of a residence or farm
  507  operation, or, outside an incorporated in a rural area where a
  508  hardship is created because a small business is not visible from
  509  the road junction with the State Highway System, one sign
  510  measuring up to not in excess of 16 square feet, denoting only
  511  the name of the business and the distance and direction to the
  512  business. The small-business-sign provision of this subsection
  513  does not apply to charter counties and may not be implemented if
  514  the Federal Government notifies the department that
  515  implementation will adversely affect the allocation of federal
  516  funds to the department.
  517         (15)Signs placed by a local tourist-oriented business
  518  located within a rural area of critical economic concern as
  519  defined in s. 288.0656(2) which are:
  520         (a)Not more than 8 square feet in size or not more than 4
  521  feet in height;
  522         (b) Located only in rural areas on a facility that does not
  523  meet the definition of a limited access facility as defined by
  524  department rule;
  525         (c)Located within 2 miles of the business location and at
  526  least 500 feet apart;
  527         (d)Located only in two directions leading to the business;
  528  and
  529         (e)Not located within the road right-of-way.
  531  A business placing such signs must be at least 4 miles from any
  532  other business using this exemption and may not participate in
  533  any other directional signage program by the department.
  534         (16)Signs measuring up to 32 square feet denoting only the
  535  distance or direction of a farm operation which are erected at a
  536  road junction with the State Highway System, but only during the
  537  harvest season of the farm operation for a period not to exceed
  538  4 months.
  539         (17)Acknowledgment signs erected upon publicly funded
  540  school premises which relate to a specific public school club,
  541  team, or event which are placed at least 1,000 feet from any
  542  other acknowledgment signs on the same side of the roadway. The
  543  sponsor information on an acknowledgment sign may constitute no
  544  more than 100 square feet of the sign. For purposes of this
  545  subsection, the term “acknowledgment sign” means a sign that is
  546  intended to inform the traveling public that a public school
  547  club, team, or event has been sponsored by a person, firm, or
  548  other entity.
  549         (18)Displays erected upon a sports facility the content of
  550  which is directly related to the facility’s activities or where
  551  products or services offered on the sports facility property are
  552  present. Displays must be mounted flush to the surface of the
  553  sports facility and must rely upon the building facade for
  554  structural support. For purposes of this subsection, the term
  555  “sports facility” means an athletic complex, athletic arena, or
  556  athletic stadium, including physically connected parking
  557  facilities, which is open to the public and has a permanently
  558  installed seating capacity of 15,000 people or more.
  560  The exemptions in subsections (14)-(18) may not be implemented
  561  or continued if the Federal Government notifies the department
  562  that implementation or continuation will adversely impact the
  563  allocation of federal funds to the department. If the exemptions
  564  in subsections (14)-(18) are not implemented or continued due to
  565  notification from the Federal Government that the allocation of
  566  federal funds to the department will be adversely impacted, the
  567  department shall provide notice to the sign owner that the sign
  568  must be removed within 30 days. If the sign is not removed
  569  within 30 days after receipt of the notice by the sign owner,
  570  the department may remove the sign, and the costs incurred in
  571  connection with the sign removal shall be assessed against and
  572  collected from the sign owner.
  573         Section 12. Section 479.262, Florida Statutes, is amended
  574  to read:
  575         479.262 Tourist-oriented directional sign program.—
  576         (1) A tourist-oriented directional sign program to provide
  577  directions to rural tourist-oriented businesses, services, and
  578  activities may be established for intersections on rural and
  579  conventional state, county, or municipal roads only in rural
  580  counties identified by criteria and population in s. 288.0656
  581  when approved and permitted by county or local government
  582  entities within their respective jurisdictional areas at
  583  intersections on rural and conventional state, county, or
  584  municipal roads. A county or local government that which issues
  585  permits for a tourist-oriented directional sign program is shall
  586  be responsible for sign construction, maintenance, and program
  587  operation in compliance with subsection (3) for roads on the
  588  state highway system and may establish permit fees sufficient to
  589  offset associated costs. A tourist-oriented directional sign may
  590  not be used on roads in urban areas or at interchanges on
  591  freeways or expressways.
  592         (2) This section does not create a proprietary or
  593  compensable interest in any tourist-oriented directional sign
  594  site or location for any permittee on any rural and conventional
  595  state, county, or municipal road roads. The department or the
  596  permitting entity may terminate permits or change locations of
  597  tourist-oriented directional sign sites as determined necessary
  598  for construction or improvement of transportation facilities or
  599  for improved traffic control or safety.
  600         (3) Tourist-oriented directional signs installed on the
  601  state highway system must shall comply with the requirements of
  602  the federal Manual on Uniform Traffic Control Devices and rules
  603  established by the department. The department may adopt rules to
  604  establish requirements for participant qualification,
  605  construction standards, location of sign sites, and other
  606  criteria necessary to implement this program.
  607         Section 13. This act shall take effect July 1, 2014.