Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1554
       
       
       
       
       
                               Ì5110782Î511078                          
       
       576-04093-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; deleting the requirement that the Secretary of
    4         Transportation appoint an inspector general pursuant
    5         to s. 20.055, F.S.; deleting the requirement that the
    6         district director for the Fort Myers Urban Office of
    7         the Department of Transportation be responsible for
    8         developing the 5-year Transportation Plan and other
    9         duties for specified counties; amending s. 215.82,
   10         F.S.; deleting a cross-reference; amending s.
   11         260.0144, F.S.; providing that certain commercial
   12         sponsorship may be displayed on state greenway and
   13         trail facilities not included within the Florida
   14         Shared-Use Nonmotorized Trail Network; deleting
   15         provisions relating to the authorization of sponsored
   16         state greenways and trails at specified facilities or
   17         property; creating s. 288.365, F.S.; providing that
   18         the Port of Palm Beach is deemed eligible and granted
   19         authority to apply to the federal government to seek
   20         approval from the Foreign-Trade Zones Board through an
   21         alternative site framework to include specified
   22         counties in the proposed service area without
   23         obtaining approvals from certain municipalities;
   24         providing applicability; amending s. 311.07, F.S.;
   25         increasing the minimum amount that shall be made
   26         available annually from the State Transportation Fund
   27         to fund the Florida Seaport Transportation and
   28         Economic Development Program; amending s. 311.09,
   29         F.S.; reducing the number of members of the Florida
   30         Seaport Transportation and Economic Development
   31         Council; removing Port Citrus from the council
   32         membership; increasing the amount per year the
   33         department must include in its annual legislative
   34         budget request for the Florida Seaport Transportation
   35         and Economic Development Program; deleting obsolete
   36         language; amending s. 316.003, F.S.; defining and
   37         redefining terms; amending s. 316.0895, F.S.;
   38         providing that provisions prohibiting a driver from
   39         following certain vehicles within a certain distance
   40         do not apply to truck tractor-semitrailer combinations
   41         under certain conditions; providing for financial
   42         responsibility; amending s. 316.130, F.S.; revising
   43         traffic regulations relating to pedestrians crossing
   44         roadways; amending s. 316.303, F.S.; providing
   45         exceptions to the prohibition of certain television
   46         type receiving equipment and certain electronic
   47         displays in vehicles; amending s. 316.515, F.S.;
   48         extending the allowable length of certain semitrailers
   49         authorized to operate on public roads under certain
   50         conditions; authorizing the Department of
   51         Transportation to permit truck tractor-semitrailer
   52         combinations where the total number of overwidth
   53         deliveries of manufactured buildings may be reduced by
   54         the transport of multiple sections or single units on
   55         an overlength trailer of no more than a specified
   56         length under certain circumstances; amending s.
   57         316.545, F.S.; providing a specified penalty for
   58         commercial motor vehicles that obtain temporary
   59         registration permits entering the state at, or
   60         operating on designated routes to, a port-of-entry
   61         location; amending s. 333.01, F.S.; defining and
   62         redefining terms; amending s. 333.025, F.S.; revising
   63         requirements relating to securing a permit for the
   64         proposed construction or alteration of structures that
   65         would exceed specified federal obstruction standards;
   66         requiring such permits only within an airport hazard
   67         area if the proposed construction is within a set
   68         radius of a certain airport reference point; providing
   69         that existing, planned, and proposed facilities at
   70         public-use airports contained in certain plans or
   71         documents will be protected from structures that
   72         exceed federal obstruction standards; providing that a
   73         permit is not required when political subdivisions
   74         have adopted adequate airport protection zoning
   75         regulations and have established a permitting process,
   76         subject to certain requirements; providing for a
   77         review period by the department to run concurrent with
   78         such permitting process, subject to certain
   79         requirements and exemptions; specifying certain
   80         factors the department shall consider in determining
   81         whether to issue or deny a permit; directing the
   82         department to require an owner of a permitted
   83         obstruction or vegetation to install, operate, and
   84         maintain marking and lighting subject to certain
   85         requirements; prohibiting a permit from being approved
   86         solely on the basis that a proposed structure will not
   87         exceed specified federal obstruction standards;
   88         providing certain administrative review for the denial
   89         of a permit; amending s. 333.03, F.S.; revising the
   90         requirements relating to the adoption of airport
   91         protection zoning regulations by certain political
   92         subdivisions; revising the requirements of such
   93         adopted airport protection zoning regulations;
   94         providing that the department is available to assist
   95         political subdivisions with regard to federal
   96         obstruction standards; revising requirements relating
   97         to airport land use compatibility zoning regulations
   98         that address, at a minimum, landfill locations and
   99         noise contours; requiring adoption of airport zoning
  100         regulations that restrict substantial modifications to
  101         existing incompatible uses within runway protection
  102         zones; requiring that updates and amendments to local
  103         airport zoning codes, rules, and regulations be filed
  104         with the department within a certain time after
  105         adoption; revising requirements relating to
  106         educational structures or sites; providing that a
  107         governing body operating a public-use airport may
  108         establish more restrictive airport protection zoning
  109         regulations for certain purposes; amending s. 333.04,
  110         F.S.; revising provisions relating to comprehensive
  111         plan or policy regulations, including airport
  112         protection zoning regulations under certain
  113         circumstances; amending s. 333.05, F.S.; revising
  114         provisions relating to the procedure for adoption,
  115         amendment, or deletion of airport zoning regulations;
  116         revising provisions relating to airport zoning
  117         commissions; amending s. 333.06, F.S.; revising
  118         provisions relating to airport zoning requirements,
  119         and airport master plans that are prepared by certain
  120         public-use airports; repealing s. 333.065, F.S.,
  121         relating to guidelines regarding land use near
  122         airports; amending s. 333.07, F.S.; revising
  123         provisions relating to permits for use of structures
  124         or vegetation in violation of airport protection
  125         zoning regulations; specifying factors a political
  126         subdivision or its administrative agency must consider
  127         when determining whether to issue or deny a permit;
  128         deleting provisions relating to applying for a
  129         variance from zoning regulations; revising provisions
  130         relating to obstruction marking and lighting
  131         requirements when a political subdivision or its
  132         administrative agency issues a permit; repealing s.
  133         333.08, F.S., relating to appeals in regard to airport
  134         zoning regulations; amending s. 333.09, F.S.;
  135         requiring all airport zoning regulations to provide
  136         for the administration and enforcement of such
  137         regulations by the affected political subdivisions or
  138         an administrative agency created by the subdivisions;
  139         requiring a political subdivision that must adopt
  140         airport zoning regulations to provide a permitting
  141         process subject to certain requirements and
  142         exceptions; providing for an appeals process for
  143         decisions in the administration of airport zoning
  144         regulations, subject to certain requirements;
  145         repealing s. 333.10, F.S., relating to boards of
  146         adjustment provided for by all airport zoning
  147         regulations; amending s. 333.11, F.S.; revising
  148         provisions relating to judicial review for decisions
  149         made by any governing body of a political subdivision,
  150         joint airport zoning board, or administrative agency;
  151         requiring the appellant to exhaust all its remedies
  152         through application for local government permits,
  153         exceptions, and appeals before judicial appeal is
  154         permitted; amending s. 333.12, F.S.; revising
  155         provisions relating to the acquisition of air rights;
  156         providing that a certain political subdivision may
  157         acquire air right, avigation easement, other estate,
  158         or interest in a nonconforming structure or use that
  159         presents an air hazard and cannot be removed, lowered,
  160         or otherwise terminated, subject to certain
  161         requirements; creating s. 333.135, F.S.; requiring
  162         that certain airport zoning regulations be amended to
  163         conform by a certain date; requiring certain political
  164         subdivisions to adopt airport zoning regulations by a
  165         certain date; directing the department to administer
  166         the permitting process for local governments that have
  167         not adopted airport protection zoning regulations;
  168         repealing s. 333.14, F.S., relating to a short title;
  169         amending s. 334.03, F.S.; redefining the term “511” or
  170         “511 services”; deleting the term “interactive voice
  171         response”; amending s. 334.044, F.S.; removing the
  172         provision of interactive voice response telephone
  173         systems accessible via the 511 number that may be
  174         included in traveler information systems; removing a
  175         requirement that applied uniform standards and
  176         criteria for collection and dissemination of traveler
  177         information using interactive voice response systems;
  178         authorizing the department to assume certain
  179         responsibilities under the National Environmental
  180         Policy Act with respect to highway projects within the
  181         state and certain related responsibilities relating to
  182         review or approval of a highway project; authorizing
  183         the department to enter into certain agreements
  184         related to the federal surface transportation project
  185         delivery program under certain federal law;
  186         authorizing the department to adopt implementing
  187         rules; authorizing the department to adopt certain
  188         relevant federal environmental standards; providing a
  189         limited waiver of sovereign immunity to civil suit in
  190         federal court consistent with certain federal law;
  191         amending s. 334.60, F.S.; revising provisions relating
  192         to the 511 traveler information system; amending s.
  193         335.065, F.S.; deleting provisions relating to certain
  194         commercial sponsorship displays on multiuse trails and
  195         related facilities; deleting provisions relating to
  196         funding a statewide system of interconnected multiuse
  197         trails; amending s. 338.165, F.S.; removing an option
  198         to issue certain bonds secured by toll revenues
  199         collected on the Beeline-East Expressway and the
  200         Navarre Bridge; amending s. 338.227, F.S.; providing
  201         that bonds issued are not required to be validated
  202         pursuant to ch. 75, F.S., but may be validated at the
  203         option of the Division of Bond Finance; providing
  204         filing, notice, and service requirements relating to
  205         complaints for such validation; amending s. 338.231,
  206         F.S.; increasing the number of years before an
  207         inactive prepaid toll account shall be presumed
  208         unclaimed; deleting provisions relating to using the
  209         revenues from the turnpike system to pay the principal
  210         and interest of a specified series of bonds and
  211         certain expenses of the Sawgrass Expressway; amending
  212         s. 339.175, F.S.; requiring certain long-range
  213         transportation plans to include assessment of capital
  214         investment and other measures necessary to make the
  215         most efficient use of existing transportation
  216         facilities to improve safety; requiring the
  217         assessments to include consideration of infrastructure
  218         and technological improvements necessary to
  219         accommodate advances in vehicle technology; amending
  220         s. 339.64, F.S.; requiring the Department of
  221         Transportation to coordinate with certain partners and
  222         industry representatives to consider infrastructure
  223         and technological improvements necessary to
  224         accommodate advances in vehicle technology in
  225         Strategic Intermodal System facilities; requiring the
  226         Strategic Intermodal System Plan to include a needs
  227         assessment regarding such infrastructure and
  228         technological improvements; creating s. 339.81, F.S.;
  229         creating the Florida Shared-Use Nonmotorized Trail
  230         Network; specifying the composition of the network;
  231         requiring the network to be included in the Department
  232         of Transportation’s work program; declaring the
  233         planning, development, operation, and maintenance of
  234         the network to be a public purpose; authorizing the
  235         department to transfer maintenance responsibilities to
  236         local governments or other state agencies and contract
  237         with not-for-profit or private sector entities to
  238         provide maintenance services; requiring funding to be
  239         allocated to the Florida Shared-Use Nonmotorized Trail
  240         Network in the program and resource plan of the
  241         department; authorizing the department to adopt rules;
  242         creating s. 339.82, F.S.; directing the department to
  243         develop a Shared-Use Nonmotorized Trail Network Plan,
  244         subject to certain requirements; creating s. 339.83,
  245         F.S.; creating a trail sponsorship program, subject to
  246         certain requirements and restrictions; directing the
  247         Office of Economic and Demographic Research to
  248         evaluate and determine the economic benefits of the
  249         state’s investment in the Department of
  250         Transportation’s adopted work program for a certain
  251         timeframe, subject to certain requirements; directing
  252         the Department of Transportation and each of its
  253         district offices to provide the Office of Economic and
  254         Demographic Research full access to certain data;
  255         requiring the Office of Economic and Demographic
  256         Research to submit the analysis to the Legislature by
  257         a certain date; repealing s. 341.0532, F.S., relating
  258         to statewide transportation corridors; providing a
  259         directive to the Division of Law Revision and
  260         Information; creating s. 345.0001, F.S.; providing a
  261         short title; creating s. 345.0002, F.S.; defining
  262         terms; creating s. 345.0003, F.S.; authorizing certain
  263         counties to form the Northwest Florida Regional
  264         Transportation Finance Authority to construct,
  265         maintain, or operate transportation projects in a
  266         given region of the state; specifying procedural
  267         requirements; creating s. 345.0004, F.S.; specifying
  268         the powers and duties of the authority, subject to
  269         certain restrictions; requiring that the authority
  270         comply with certain reporting and documentation
  271         requirements; creating s. 345.0005, F.S.; authorizing
  272         the issuing of bonds on behalf of the authority under
  273         the State Bond Act and by the authority itself;
  274         specifying requirements and restrictions for such
  275         bonds under certain circumstances; creating s.
  276         345.0006, F.S.; providing rights and remedies of
  277         bondholders; creating s. 345.0007, F.S.; designating
  278         the Department of Transportation as the agent of the
  279         authority for specified purposes; authorizing the
  280         administration and management of projects by the
  281         department; limiting the powers of the department as
  282         an agent; establishing the fiscal responsibilities of
  283         the authority; creating s. 345.0008, F.S.; authorizing
  284         the department to provide for or commit its resources
  285         for the authority project or system, if approved by
  286         the Legislature, subject to legislative budget request
  287         procedures and prohibitions and appropriation
  288         procedures; authorizing the payment of expenses
  289         incurred by the department on behalf of the authority;
  290         requiring the department to receive a share of the
  291         revenue from the authority; providing calculations for
  292         disbursement of revenues; creating s. 345.0009, F.S.;
  293         authorizing the authority to acquire private or public
  294         property and property rights for a project or plan;
  295         establishing the rights and liabilities and remedial
  296         actions relating to property acquired for a
  297         transportation project or corridor; creating s.
  298         345.001, F.S.; authorizing contracts between
  299         governmental entities and the authority; creating s.
  300         345.0011, F.S.; pledging that the state will not limit
  301         or alter the vested rights of the authority or the
  302         department with regard to any issued bonds or other
  303         rights relating to the bonds if such vested rights
  304         affect the rights of bondholders; creating s.
  305         345.0012, F.S.; exempting the authority from certain
  306         taxes and assessments; providing exceptions; creating
  307         s. 345.0013, F.S.; providing that bonds or obligations
  308         issued under this chapter are legal investments for
  309         specified entities; creating s. 345.0014, F.S.;
  310         providing applicability; providing legislative
  311         findings and intent relating to transportation
  312         funding; directing the Center for Urban Transportation
  313         Research to conduct a study on implementing a system
  314         in this state which charges drivers based on their
  315         vehicle miles traveled as an alternative to the
  316         present fuel tax structure to fund transportation
  317         projects; specifying requirements of the study;
  318         requiring that the findings of the study be presented
  319         to the Legislature by a certain date; directing the
  320         center, in consultation with the Florida
  321         Transportation Commission, to establish the framework
  322         for a pilot project that will evaluate the feasibility
  323         of implementing a system that charges drivers based on
  324         their vehicle miles traveled; specifying requirements
  325         for the design of the pilot project framework;
  326         authorizing the center to expend up to a certain
  327         amount for the study and pilot project design
  328         contingent upon legislative appropriation; requiring
  329         that the pilot project design be completed by a
  330         certain date and submitted in a report to the
  331         Legislature; reenacting s. 350.81(6), F.S., relating
  332         to the definition of the term “airport layout plan,”
  333         to incorporate the amendment made to s. 333.01, F.S.,
  334         in a reference thereto; providing an effective date.
  335          
  336  Be It Enacted by the Legislature of the State of Florida:
  337  
  338         Section 1. Paragraph (d) of subsection (3) and paragraph
  339  (d) of subsection (4) of section 20.23, Florida Statutes, are
  340  amended to read:
  341         20.23 Department of Transportation.—There is created a
  342  Department of Transportation which shall be a decentralized
  343  agency.
  344         (3)
  345         (d) The secretary shall appoint an inspector general
  346  pursuant to s. 20.055 who shall be directly responsible to the
  347  secretary and shall serve at the pleasure of the secretary.
  348         (4)
  349         (d) The district director for the Fort Myers Urban Office
  350  of the Department of Transportation is responsible for
  351  developing the 5-year Transportation Plan for Charlotte,
  352  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
  353  Myers Urban Office also is responsible for providing policy,
  354  direction, local government coordination, and planning for those
  355  counties.
  356         Section 2. Subsection (2) of section 215.82, Florida
  357  Statutes, is amended to read:
  358         215.82 Validation; when required.—
  359         (2) Any bonds issued pursuant to this act which are
  360  validated shall be validated in the manner provided by chapter
  361  75. In actions to validate bonds to be issued in the name of the
  362  State Board of Education under s. 9(a) and (d), Art. XII of the
  363  State Constitution and bonds to be issued pursuant to chapter
  364  259, the Land Conservation Act of 1972, the complaint shall be
  365  filed in the circuit court of the county where the seat of state
  366  government is situated, the notice required to be published by
  367  s. 75.06 shall be published only in the county where the
  368  complaint is filed, and the complaint and order of the circuit
  369  court shall be served only on the state attorney of the circuit
  370  in which the action is pending. In any action to validate bonds
  371  issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
  372  Art. XII of the State Constitution or issued pursuant to s.
  373  215.605 or s. 338.227, the complaint shall be filed in the
  374  circuit court of the county where the seat of state government
  375  is situated, the notice required to be published by s. 75.06
  376  shall be published in a newspaper of general circulation in the
  377  county where the complaint is filed and in two other newspapers
  378  of general circulation in the state, and the complaint and order
  379  of the circuit court shall be served only on the state attorney
  380  of the circuit in which the action is pending; provided,
  381  however, that if publication of notice pursuant to this section
  382  would require publication in more newspapers than would
  383  publication pursuant to s. 75.06, such publication shall be made
  384  pursuant to s. 75.06.
  385         Section 3. Section 260.0144, Florida Statutes, is amended
  386  to read:
  387         260.0144 Sponsorship of state greenways and trails.—The
  388  department may enter into a concession agreement with a not-for
  389  profit entity or private sector business or entity for
  390  commercial sponsorship to be displayed on state greenway and
  391  trail facilities not included within the Florida Shared-Use
  392  Nonmotorized Trail Network established in chapter 339 or
  393  property specified in this section. The department may establish
  394  the cost for entering into a concession agreement.
  395         (1) A concession agreement shall be administered by the
  396  department and must include the requirements found in this
  397  section.
  398         (2)(a) Space for a commercial sponsorship display may be
  399  provided through a concession agreement on certain state-owned
  400  greenway or trail facilities or property.
  401         (b) Signage or displays erected under this section shall
  402  comply with the provisions of s. 337.407 and chapter 479, and
  403  shall be limited as follows:
  404         1. One large sign or display, not to exceed 16 square feet
  405  in area, may be located at each trailhead or parking area.
  406         2. One small sign or display, not to exceed 4 square feet
  407  in area, may be located at each designated trail public access
  408  point.
  409         (c) Before installation, each name or sponsorship display
  410  must be approved by the department.
  411         (d) The department shall ensure that the size, color,
  412  materials, construction, and location of all signs are
  413  consistent with the management plan for the property and the
  414  standards of the department, do not intrude on natural and
  415  historic settings, and contain only a logo selected by the
  416  sponsor and the following sponsorship wording:
  417  
  418         ...(Name of the sponsor)... proudly sponsors the costs
  419         of maintaining the ...(Name of the greenway or
  420         trail)....
  421  
  422         (e) Sponsored state greenways and trails are authorized at
  423  the following facilities or property:
  424         1. Florida Keys Overseas Heritage Trail.
  425         2. Blackwater Heritage Trail.
  426         3. Tallahassee-St. Marks Historic Railroad State Trail.
  427         4. Nature Coast State Trail.
  428         5. Withlacoochee State Trail.
  429         6. General James A. Van Fleet State Trail.
  430         7. Palatka-Lake Butler State Trail.
  431         (e)(f) The department may enter into commercial sponsorship
  432  agreements for other state greenways or trails as authorized in
  433  this section. A qualified entity that desires to enter into a
  434  commercial sponsorship agreement shall apply to the department
  435  on forms adopted by department rule.
  436         (f)(g) All costs of a display, including development,
  437  construction, installation, operation, maintenance, and removal
  438  costs, shall be paid by the concessionaire.
  439         (3) A concession agreement shall be for a minimum of 1
  440  year, but may be for a longer period under a multiyear
  441  agreement, and may be terminated for just cause by the
  442  department upon 60 days’ advance notice. Just cause for
  443  termination of a concession agreement includes, but is not
  444  limited to, violation of the terms of the concession agreement
  445  or any provision of this section.
  446         (4) Commercial sponsorship pursuant to a concession
  447  agreement is for public relations or advertising purposes of the
  448  not-for-profit entity or private sector business or entity, and
  449  may not be construed by that not-for-profit entity or private
  450  sector business or entity as having a relationship to any other
  451  actions of the department.
  452         (5) This section does not create a proprietary or
  453  compensable interest in any sign, display site, or location.
  454         (6) Proceeds from concession agreements shall be
  455  distributed as follows:
  456         (a) Eighty-five percent shall be deposited into the
  457  appropriate department trust fund that is the source of funding
  458  for management and operation of state greenway and trail
  459  facilities and properties.
  460         (b) Fifteen percent shall be deposited into the State
  461  Transportation Trust Fund for use in the Traffic and Bicycle
  462  Safety Education Program and the Safe Paths to School Program
  463  administered by the Department of Transportation.
  464         (7) The department may adopt rules to administer this
  465  section.
  466         Section 4. Section 288.365, Florida Statutes, is created to
  467  read:
  468         288.365 Notwithstanding chapter 74-570, Laws of Florida, as
  469  amended by chapter 90-462, Laws of Florida, the Port of Palm
  470  Beach is deemed eligible and granted authority to apply to the
  471  Federal Government to seek approval from the Foreign-Trade Zones
  472  Board through an alternative site framework to include all of
  473  Palm Beach, Martin, and St. Lucie Counties in the proposed
  474  service area without requirement to obtain approvals from
  475  incorporated municipalities within the service area. However,
  476  the designation of any area as a foreign-trade zone does not
  477  authorize an exemption from any law, any local zoning or land
  478  use designation or ordinance of any municipality or county, or
  479  any tax imposed by the state or by any political subdivision,
  480  agency, or instrumentality thereof.
  481         Section 5. Subsection (2) of section 311.07, Florida
  482  Statutes, is amended to read:
  483         311.07 Florida seaport transportation and economic
  484  development funding.—
  485         (2) A minimum of $25 $15 million per year shall be made
  486  available from the State Transportation Trust Fund to fund the
  487  Florida Seaport Transportation and Economic Development Program.
  488  The Florida Seaport Transportation and Economic Development
  489  Council created in s. 311.09 shall develop guidelines for
  490  project funding. Council staff, the Department of
  491  Transportation, and the Department of Economic Opportunity shall
  492  work in cooperation to review projects and allocate funds in
  493  accordance with the schedule required for the Department of
  494  Transportation to include these projects in the tentative work
  495  program developed pursuant to s. 339.135(4).
  496         Section 6. Subsections (1), (9), and (12) of section
  497  311.09, Florida Statutes, are amended to read:
  498         311.09 Florida Seaport Transportation and Economic
  499  Development Council.—
  500         (1) The Florida Seaport Transportation and Economic
  501  Development Council is created within the Department of
  502  Transportation. The council consists of the following 16 17
  503  members: the port director, or the port director’s designee, of
  504  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  505  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  506  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  507  West, and Fernandina; the secretary of the Department of
  508  Transportation or his or her designee; and the director of the
  509  Department of Economic Opportunity or his or her designee.
  510         (9) The Department of Transportation shall include at least
  511  $25 no less than $15 million per year in its annual legislative
  512  budget request for the Florida Seaport Transportation and
  513  Economic Development Program funded under s. 311.07. Such budget
  514  shall include funding for projects approved by the council which
  515  have been determined by each agency to be consistent. The
  516  department shall include the specific approved Florida Seaport
  517  Transportation and Economic Development Program projects to be
  518  funded under s. 311.07 during the ensuing fiscal year in the
  519  tentative work program developed pursuant to s. 339.135(4). The
  520  total amount of funding to be allocated to Florida Seaport
  521  Transportation and Economic Development Program projects under
  522  s. 311.07 during the successive 4 fiscal years shall also be
  523  included in the tentative work program developed pursuant to s.
  524  339.135(4). The council may submit to the department a list of
  525  approved projects that could be made production-ready within the
  526  next 2 years. The list shall be submitted by the department as
  527  part of the needs and project list prepared pursuant to s.
  528  339.135(2)(b). However, the department shall, upon written
  529  request of the Florida Seaport Transportation and Economic
  530  Development Council, submit work program amendments pursuant to
  531  s. 339.135(7) to the Governor within 10 days after the later of
  532  the date the request is received by the department or the
  533  effective date of the amendment, termination, or closure of the
  534  applicable funding agreement between the department and the
  535  affected seaport, as required to release the funds from the
  536  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  537  program amendment to transfer prior year funds from one approved
  538  seaport project to another seaport project is subject to the
  539  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  540  law to the contrary, the department may transfer unexpended
  541  budget between the seaport projects as identified in the
  542  approved work program amendments.
  543         (12) Until July 1, 2014, Citrus County may apply for a
  544  grant through the Florida Seaport Transportation and Economic
  545  Development Council to perform a feasibility study regarding the
  546  establishment of a port in Citrus County. The council shall
  547  evaluate such application pursuant to subsections (5)-(8) and,
  548  if approved, the Department of Transportation shall include the
  549  feasibility study in its budget request pursuant to subsection
  550  (9). If the study determines that a port in Citrus County is not
  551  feasible, the membership of Port Citrus on the council shall
  552  terminate.
  553         Section 7. Subsections (6), (47), and present subsection
  554  (90) of section 316.003, Florida Statutes, are amended, present
  555  subsections (91), (92), and (93) of that section are
  556  redesignated as subsections (93), (95), and (96), respectively,
  557  and new subsections (90), (92), and (94) are added to that
  558  section, to read:
  559         316.003 Definitions.—The following words and phrases, when
  560  used in this chapter, shall have the meanings respectively
  561  ascribed to them in this section, except where the context
  562  otherwise requires:
  563         (6) CROSSWALK.—
  564         (a) Unmarked crosswalk.—An unmarked part of the roadway at
  565  an intersection used by pedestrians for crossing the roadway
  566  That part of a roadway at an intersection included within the
  567  connections of the lateral lines of the sidewalks on opposite
  568  sides of the highway, measured from the curbs or, in the absence
  569  of curbs, from the edges of the traversable roadway.
  570         (b) Marked crosswalk.—Pavement marking lines on the roadway
  571  surface, which may include contrasting pavement texture, style,
  572  or colored portions of the roadway at an intersection used by
  573  pedestrians for crossing the roadway Any portion of a roadway at
  574  an intersection or elsewhere distinctly indicated for pedestrian
  575  crossing by lines or other markings on the surface.
  576         (c)Midblock crosswalk.—A location between intersections
  577  where the roadway surface is marked by pavement marking lines,
  578  which may include contrasting pavement texture, style or colored
  579  portion of the roadway at a signalized or unsignalized crosswalk
  580  used for pedestrian roadway crossings and may include a
  581  pedestrian refuge island.
  582         (47) SIDEWALK.—That portion of a street between the
  583  curbline, or the lateral line, of a roadway and the adjacent
  584  property lines, intended for use by pedestrians, adjacent to the
  585  roadway between the curb or edge of the roadway and the property
  586  line.
  587         (90) AUTONOMOUS TECHNOLOGY.—Technology installed on a motor
  588  vehicle which has the capability to drive the vehicle on which
  589  the technology is installed without the active control of or
  590  monitoring by a human operator.
  591         (91)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
  592  autonomous technology. The term “autonomous technology” means
  593  technology installed on a motor vehicle that has the capability
  594  to drive the vehicle on which the technology is installed
  595  without the active control or monitoring by a human operator.
  596  The term excludes a motor vehicle enabled with active safety
  597  systems or driver assistance systems, including, without
  598  limitation, a system to provide electronic blind spot
  599  assistance, crash avoidance, emergency braking, parking
  600  assistance, adaptive cruise control, lane keep assistance, lane
  601  departure warning, or traffic jam and queuing assistant, unless
  602  any such system alone or in combination with other systems
  603  enables the vehicle on which the technology is installed to
  604  drive without the active control or monitoring by a human
  605  operator.
  606         (92) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
  607  automation technology that integrates sensor array, wireless
  608  communications, vehicle controls, and specialized software to
  609  synchronize acceleration and braking between up to two truck
  610  tractor-semitrailer combinations, while leaving each vehicle’s
  611  steering control and systems command in the control of the
  612  vehicle’s driver.
  613         (94) PORT-OF-ENTRY.—A designated location that allows
  614  drivers of commercial motor vehicles to purchase temporary
  615  registration permits necessary to operate legally within the
  616  state. The locations and the designated routes to such locations
  617  shall be determined by the Department of Transportation.
  618         Section 8. Subsection (2) of section 316.0895, Florida
  619  Statutes, is amended to read:
  620         316.0895 Following too closely.—
  621         (2) It is unlawful for the driver of any motor truck, motor
  622  truck drawing another vehicle, or vehicle towing another vehicle
  623  or trailer, when traveling upon a roadway outside of a business
  624  or residence district, to follow within 300 feet of another
  625  motor truck, motor truck drawing another vehicle, or vehicle
  626  towing another vehicle or trailer. The provisions of this
  627  subsection shall not be construed to prevent overtaking and
  628  passing nor shall the same apply upon any lane specially
  629  designated for use by motor trucks or other slow-moving
  630  vehicles. This subsection does not apply to two truck tractor
  631  semitrailer combinations equipped and connected with driver
  632  assistive truck-platooning technology, as defined in s. 316.003,
  633  and operating on a multilane limited access facility, if the
  634  owner or operator complies with the financial responsibility
  635  requirement of s. 316.86.
  636         Section 9. Paragraphs (b) and (c) of subsection (7) of
  637  section 316.130, Florida Statutes, are amended to read:
  638         316.130 Pedestrians; traffic regulations.—
  639         (7)
  640         (b) The driver of a vehicle at any crosswalk location where
  641  the approach is not controlled by a traffic signal or stop sign
  642  must signage so indicates shall stop and remain stopped to allow
  643  a pedestrian to cross a roadway when the pedestrian is in the
  644  crosswalk or steps into the crosswalk and is upon the half of
  645  the roadway upon which the vehicle is traveling or turning, or
  646  when the pedestrian is approaching so closely from the opposite
  647  half of the roadway as to be in danger. Any pedestrian crossing
  648  a roadway at a point where a pedestrian tunnel or overhead
  649  pedestrian crossing has been provided must yield the right-of
  650  way to all vehicles upon the roadway.
  651         (c) When traffic control signals are not in place or in
  652  operation and there is no signage indicating otherwise, the
  653  driver of a vehicle shall yield the right-of-way, slowing down
  654  or stopping if need be to so yield, to a pedestrian crossing the
  655  roadway within a crosswalk when the pedestrian is upon the half
  656  of the roadway upon which the vehicle is traveling or when the
  657  pedestrian is approaching so closely from the opposite half of
  658  the roadway as to be in danger. Any pedestrian crossing a
  659  roadway at a point where a pedestrian tunnel or overhead
  660  pedestrian crossing has been provided shall yield the right-of
  661  way to all vehicles upon the roadway.
  662         Section 10. Subsections (1) and (3) of section 316.303,
  663  Florida Statutes, are amended to read:
  664         316.303 Television receivers.—
  665         (1) No motor vehicle operated on the highways of this state
  666  shall be equipped with television-type receiving equipment so
  667  located that the viewer or screen is visible from the driver’s
  668  seat, unless the vehicle is equipped with autonomous technology,
  669  as defined in s. 316.003(90), and is being operated in
  670  autonomous mode, as provided in s. 316.85(2); or unless the
  671  vehicle is equipped and operating with driver-assistive truck
  672  platooning technology, as defined in s. 316.003(92).
  673         (3) This section does not prohibit the use of an electronic
  674  display used in conjunction with a vehicle navigation system; or
  675  an electronic display used by an operator of a vehicle equipped
  676  with autonomous technology, as defined in s. 316.003(90), while
  677  the vehicle is being operated in autonomous mode, as provided in
  678  s. 316.85(2); or an electronic display used by the operator of a
  679  vehicle equipped and operating with driver-assistive truck
  680  platooning technology, as defined in s. 316.003(92).
  681         Section 11. Paragraph (b) of subsection (3) and subsection
  682  (14) of section 316.515, Florida Statutes, are amended to read:
  683         316.515 Maximum width, height, length.—
  684         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  685  section, length limitations apply solely to a semitrailer or
  686  trailer, and not to a truck tractor or to the overall length of
  687  a combination of vehicles. No combination of commercial motor
  688  vehicles coupled together and operating on the public roads may
  689  consist of more than one truck tractor and two trailing units.
  690  Unless otherwise specifically provided for in this section, a
  691  combination of vehicles not qualifying as commercial motor
  692  vehicles may consist of no more than two units coupled together;
  693  such nonqualifying combination of vehicles may not exceed a
  694  total length of 65 feet, inclusive of the load carried thereon,
  695  but exclusive of safety and energy conservation devices approved
  696  by the department for use on vehicles using public roads.
  697  Notwithstanding any other provision of this section, a truck
  698  tractor-semitrailer combination engaged in the transportation of
  699  automobiles or boats may transport motor vehicles or boats on
  700  part of the power unit; and, except as may otherwise be mandated
  701  under federal law, an automobile or boat transporter semitrailer
  702  may not exceed 50 feet in length, exclusive of the load;
  703  however, the load may extend up to an additional 6 feet beyond
  704  the rear of the trailer. The 50-feet length limitation does not
  705  apply to non-stinger-steered automobile or boat transporters
  706  that are 65 feet or less in overall length, exclusive of the
  707  load carried thereon, or to stinger-steered automobile or boat
  708  transporters that are 75 feet or less in overall length,
  709  exclusive of the load carried thereon. For purposes of this
  710  subsection, a “stinger-steered automobile or boat transporter”
  711  is an automobile or boat transporter configured as a semitrailer
  712  combination wherein the fifth wheel is located on a drop frame
  713  located behind and below the rearmost axle of the power unit.
  714  Notwithstanding paragraphs (a) and (b), any straight truck or
  715  truck tractor-semitrailer combination engaged in the
  716  transportation of horticultural trees may allow the load to
  717  extend up to an additional 10 feet beyond the rear of the
  718  vehicle, provided said trees are resting against a retaining bar
  719  mounted above the truck bed so that the root balls of the trees
  720  rest on the floor and to the front of the truck bed and the tops
  721  of the trees extend up over and to the rear of the truck bed,
  722  and provided the overhanging portion of the load is covered with
  723  protective fabric.
  724         (b) Semitrailers.—
  725         1. A semitrailer operating in a truck tractor-semitrailer
  726  combination may not exceed 48 feet in extreme overall outside
  727  dimension, measured from the front of the unit to the rear of
  728  the unit and the load carried thereon, exclusive of safety and
  729  energy conservation devices approved by the department for use
  730  on vehicles using public roads, unless it complies with
  731  subparagraph 2. A semitrailer which exceeds 48 feet in length
  732  and is used to transport divisible loads may operate in this
  733  state only if issued a permit under s. 316.550 and if such
  734  trailer meets the requirements of this chapter relating to
  735  vehicle equipment and safety. Except for highways on the tandem
  736  trailer truck highway network, public roads deemed unsafe for
  737  longer semitrailer vehicles or those roads on which such longer
  738  vehicles are determined not to be in the interest of public
  739  convenience shall, in conformance with s. 316.006, be restricted
  740  by the Department of Transportation or by the local authority to
  741  use by semitrailers not exceeding a length of 48 feet, inclusive
  742  of the load carried thereon but exclusive of safety and energy
  743  conservation devices approved by the department for use on
  744  vehicles using public roads. Truck tractor-semitrailer
  745  combinations shall be afforded reasonable access to terminals;
  746  facilities for food, fuel, repairs, and rest; and points of
  747  loading and unloading.
  748         2. A semitrailer which is more than 48 feet but not more
  749  than 57 53 feet in extreme overall outside dimension, as
  750  measured pursuant to subparagraph 1., may operate on public
  751  roads, except roads on the State Highway System which are
  752  restricted by the Department of Transportation or other roads
  753  restricted by local authorities, if:
  754         a. The distance between the kingpin or other peg that locks
  755  into the fifth wheel of a truck tractor and the center of the
  756  rear axle or rear group of axles does not exceed 41 feet, or, in
  757  the case of a semitrailer used exclusively or primarily to
  758  transport vehicles in connection with motorsports competition
  759  events, the distance does not exceed 46 feet from the kingpin to
  760  the center of the rear axles; and
  761         b. It is equipped with a substantial rear-end underride
  762  protection device meeting the requirements of 49 C.F.R. s.
  763  393.86, “Rear End Protection.”
  764         (14) MANUFACTURED BUILDINGS.—The Department of
  765  Transportation may, in its discretion and upon application and
  766  good cause shown therefor that the same is not contrary to the
  767  public interest, issue a special permit for truck tractor
  768  semitrailer combinations where the total number of overwidth
  769  deliveries of manufactured buildings, as defined in s.
  770  553.36(13), may be reduced by permitting the use of multiple
  771  sections or single units on an overlength trailer of no more
  772  than 80 54 feet.
  773         Section 12. Paragraph (b) of subsection (2) of section
  774  316.545, Florida Statutes, is amended to read:
  775         316.545 Weight and load unlawful; special fuel and motor
  776  fuel tax enforcement; inspection; penalty; review.—
  777         (2)
  778         (b) The officer or inspector shall inspect the license
  779  plate or registration certificate of the commercial vehicle, as
  780  defined in s. 316.003(66), to determine if its gross weight is
  781  in compliance with the declared gross vehicle weight. If its
  782  gross weight exceeds the declared weight, the penalty shall be 5
  783  cents per pound on the difference between such weights. In those
  784  cases when the commercial vehicle, as defined in s. 316.003(66),
  785  is being operated over the highways of the state with an expired
  786  registration or with no registration from this or any other
  787  jurisdiction or is not registered under the applicable
  788  provisions of chapter 320, the penalty herein shall apply on the
  789  basis of 5 cents per pound on that scaled weight which exceeds
  790  35,000 pounds on laden truck tractor-semitrailer combinations or
  791  tandem trailer truck combinations, 10,000 pounds on laden
  792  straight trucks or straight truck-trailer combinations, or
  793  10,000 pounds on any unladen commercial motor vehicle. A
  794  commercial motor vehicle entering the state at a designated
  795  port-of-entry location, as defined in s. 316.003(94), or
  796  operating on designated routes to a port-of-entry location,
  797  which obtains a temporary registration permit shall be assessed
  798  a penalty limited to the difference between its gross weight and
  799  the declared gross vehicle weight at 5 cents per pound. If the
  800  license plate or registration has not been expired for more than
  801  90 days, the penalty imposed under this paragraph may not exceed
  802  $1,000. In the case of special mobile equipment as defined in s.
  803  316.003(48), which qualifies for the license tax provided for in
  804  s. 320.08(5)(b), being operated on the highways of the state
  805  with an expired registration or otherwise not properly
  806  registered under the applicable provisions of chapter 320, a
  807  penalty of $75 shall apply in addition to any other penalty
  808  which may apply in accordance with this chapter. A vehicle found
  809  in violation of this section may be detained until the owner or
  810  operator produces evidence that the vehicle has been properly
  811  registered. Any costs incurred by the retention of the vehicle
  812  shall be the sole responsibility of the owner. A person who has
  813  been assessed a penalty pursuant to this paragraph for failure
  814  to have a valid vehicle registration certificate pursuant to the
  815  provisions of chapter 320 is not subject to the delinquent fee
  816  authorized in s. 320.07 if such person obtains a valid
  817  registration certificate within 10 working days after such
  818  penalty was assessed.
  819         Section 13. Section 333.01, Florida Statutes, is amended to
  820  read:
  821         333.01 Definitions.—For the purpose of this chapter, the
  822  following words, terms, and phrases shall have the following
  823  meanings herein given, unless otherwise specifically defined, or
  824  unless another intention clearly appears, or the context
  825  otherwise requires:
  826         (1) “Aeronautical study” means a Federal Aviation
  827  Administration review conducted pursuant to 14 C.F.R. part 77,
  828  concerning the effect of proposed construction or alteration on
  829  the use of air navigation facilities or navigable airspace by
  830  aircraft. “Aeronautics” means transportation by aircraft; the
  831  operation, construction, repair, or maintenance of aircraft,
  832  aircraft power plants and accessories, including the repair,
  833  packing, and maintenance of parachutes; the design,
  834  establishment, construction, extension, operation, improvement,
  835  repair, or maintenance of airports, restricted landing areas, or
  836  other air navigation facilities, and air instruction.
  837         (2) “Airport” means any area of land or water designed and
  838  set aside for the landing and taking off of aircraft and
  839  utilized or to be utilized in the interest of the public for
  840  such purpose.
  841         (3) “Airport hazard” means any obstruction that exceeds
  842  structure or tree or use of land which would exceed the federal
  843  obstruction standards as contained in 14 C.F.R. ss. 77.15,
  844  77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
  845  77.29 and which obstructs the airspace required for the flight
  846  of aircraft in taking off, maneuvering, or landing, or that is
  847  otherwise hazardous to such taking off, maneuvering, or landing
  848  of aircraft and for which no person has previously obtained a
  849  permit or variance pursuant to s. 333.025 or s. 333.07.
  850         (4) “Airport hazard area” means any area of land or water
  851  upon which an airport hazard might be established if not
  852  prevented as provided in this chapter.
  853         (5) “Airport land use compatibility zoning” means airport
  854  zoning regulations governing restricting the use of land
  855  adjacent to or in the immediate vicinity of airports in the
  856  manner provided enumerated in ss. 333.03(2) s. 333.03(2) to
  857  activities and (3) purposes compatible with the continuation of
  858  normal airport operations including landing and takeoff of
  859  aircraft in order to promote public health, safety, and general
  860  welfare.
  861         (6) “Airport layout plan” means a scaled detailed, scale
  862  engineering drawing or set of drawings in either paper or
  863  electronic form of the existing, including pertinent dimensions,
  864  of an airport’s current and planned airport facilities which
  865  provides a graphic representation of the existing and long-term
  866  development plan for the airport and demonstrates the
  867  preservation and continuity of safety, utility, and efficiency
  868  of the airport, their locations, and runway usage.
  869         (7) “Airport master plan” means a comprehensive plan for an
  870  airport that describes the immediate and long-term development
  871  plans to meet future aviation demand.
  872         (8) “Airport protection zoning” means airport zoning
  873  regulations governing airport hazards in the manner provided in
  874  s. 333.03.
  875         (9) “Department” means the Department of Transportation as
  876  created by s. 20.23.
  877         (10) “Educational facility” means any structure, land, or
  878  use thereof that includes a public or private kindergarten
  879  through grade 12 school, charter school, magnet school, college
  880  campus, or university campus. Space used for educational
  881  purposes within a multitenant building may not be treated as an
  882  educational facility for the purpose of this chapter.
  883         (11) “Landfill” has the same meaning as in s. 403.703.
  884         (12)(7) “Obstruction” means any object of natural growth,
  885  terrain, or permanent or temporary construction or alteration,
  886  including equipment or materials used and any permanent or
  887  temporary apparatus, or alteration of any permanent or temporary
  888  existing structure by a change in its height, including existing
  889  or proposed appurtenances, or lateral dimensions, including
  890  equipment or material used therein, which exceeds existing or
  891  proposed manmade object or object of natural growth or terrain
  892  that violates the standards contained in 14 C.F.R. ss. 77.15,
  893  77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
  894  77.29.
  895         (13)(8) “Person” means any individual, firm, copartnership,
  896  corporation, company, association, joint-stock association, or
  897  body politic, and includes any trustee, receiver, assignee, or
  898  other similar representative thereof.
  899         (14)(9) “Political subdivision” means the local government
  900  of any county, city, town, village, or other subdivision or
  901  agency thereof, or any district or special district, port
  902  commission, port authority, or other such agency authorized to
  903  establish or operate airports in the state.
  904         (15) “Public-use airport” means an airport, publicly or
  905  privately owned and licensed by the state, which is open for use
  906  by the public.
  907         (16)(10) “Runway protection clear zone” or “RPZ” means an
  908  area at ground level beyond the a runway end which is intended
  909  to enhance the safety and protection of people and property on
  910  the ground clear zone as defined in 14 C.F.R. s. 151.9(b).
  911         (17)(11) “Structure” means any object, constructed,
  912  erected, altered, or installed by humans, including, but without
  913  limitation thereof, buildings, towers, smokestacks, utility
  914  poles, power generation equipment, and overhead transmission
  915  lines.
  916         (18) “Substantial modification” means any repair,
  917  reconstruction, rehabilitation, or improvement of a structure
  918  when the actual cost of the repair, reconstruction,
  919  rehabilitation, or improvement of the structure equals or
  920  exceeds 50 percent of the market value of the structure.
  921         (12) “Tree” includes any plant of the vegetable kingdom.
  922         Section 14. Section 333.025, Florida Statutes, is amended
  923  to read:
  924         333.025 Permit required for structures exceeding federal
  925  obstruction standards.—
  926         (1) A person proposing the construction or alteration In
  927  order to prevent the erection of structures hazardous dangerous
  928  to air navigation, subject to the provisions of subsections (2),
  929  (3), and (4), must each person shall secure from the department
  930  of Transportation a permit for the proposed construction or
  931  erection, alteration, or modification of any structure the
  932  result of which would exceed the federal obstruction standards
  933  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
  934  77.23 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits
  935  from the department of Transportation will be required only
  936  within an airport hazard area where federal obstruction
  937  standards are exceeded and if the proposed construction is
  938  within a 10-nautical-mile radius of the airport reference point,
  939  located at the approximate geometric geographical center of all
  940  useable runways of public-use airports or a publicly owned or
  941  operated airport, a military airport, or an airport licensed by
  942  the state for public use.
  943         (2) Existing, planned, and proposed Affected airports will
  944  be considered as having those facilities at public-use airports
  945  contained in an which are shown on the airport master plan, on
  946  or an airport layout plan submitted to the Federal Aviation
  947  Administration Airport District Office, or in comparable
  948  military documents, and will be so protected from structures
  949  that exceed federal obstruction standards. Planned or proposed
  950  public-use airports which are the subject of a notice or
  951  proposal submitted to the Federal Aviation Administration or to
  952  the Department of Transportation shall also be protected.
  953         (3) Permit requirements of subsection (1) do shall not
  954  apply to structures projects which received construction permits
  955  from the Federal Communications Commission for structures
  956  exceeding federal obstruction standards prior to May 20, 1975,
  957  provided such structures now exist; nor does subsection (1)
  958  shall it apply to previously approved structures now existing,
  959  or any necessary replacement or repairs to such existing
  960  structures, so long as the height and location is unchanged.
  961         (4) When political subdivisions have adopted adequate
  962  airport airspace protection zoning regulations in compliance
  963  with s. 333.03, and such regulations are on file with the
  964  department of Transportation, and have established a permitting
  965  process in compliance with s. 333.09(2), a permit for such
  966  structure shall not be required from the department of
  967  Transportation. To evaluate technical consistency with this
  968  section, there is a 15-day department review period concurrent
  969  with the permitting process prescribed by s. 333.09. Upon
  970  receipt of a complete permit application, the local government
  971  shall forward to the department’s Aviation Office by certified
  972  mail, return receipt requested, or by delivery service that
  973  provides a receipt evidencing delivery, a copy of the
  974  application. Cranes, construction equipment, and other temporary
  975  structures, in use or in place for a period not to exceed 18
  976  consecutive months, are exempt from this requirement, unless
  977  requested by the department’s Aviation Office.
  978         (5) The department of Transportation shall, within 30 days
  979  of the receipt of an application for a permit, issue or deny a
  980  permit for the construction or erection, alteration, or
  981  modification of any structure the result of which would exceed
  982  federal obstruction standards as contained in 14 C.F.R. ss.
  983  77.15, 77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25,
  984  77.28, and 77.29. The department shall review permit
  985  applications in conformity with s. 120.60.
  986         (6) In determining whether to issue or deny a permit, the
  987  department shall consider:
  988         (a) The safety of persons on the ground and in the air The
  989  nature of the terrain and height of existing structures.
  990         (b) The safe and efficient use of navigable airspace Public
  991  and private interests and investments.
  992         (c) The nature of the terrain and height of existing
  993  structures The character of flying operations and planned
  994  developments of airports.
  995         (d) Whether the construction of the proposed structure
  996  would impact the state licensing standards for a public-use
  997  airport, contained in chapter 330 and chapter 14-60, Florida
  998  Administrative Code Federal airways as designated by the Federal
  999  Aviation Administration.
 1000         (e) The character of existing and planned flight operations
 1001  and developments at public-use airports Whether the construction
 1002  of the proposed structure would cause an increase in the minimum
 1003  descent altitude or the decision height at the affected airport.
 1004         (f) Federal airways; visual flight rules, flyways and
 1005  corridors; and instrument approaches as designated by the
 1006  Federal Aviation Administration Technological advances.
 1007         (g) Whether the construction of the proposed structure
 1008  would cause an increase in the minimum descent altitude or the
 1009  decision height at the affected airport The safety of persons on
 1010  the ground and in the air.
 1011         (h) The cumulative effects on navigable airspace of all
 1012  existing structures and all other known and proposed structures
 1013  in the area Land use density.
 1014         (i) The safe and efficient use of navigable airspace.
 1015         (j) The cumulative effects on navigable airspace of all
 1016  existing structures, proposed structures identified in the
 1017  applicable jurisdictions’ comprehensive plans, and all other
 1018  known proposed structures in the area.
 1019         (7) When issuing a permit under this section, the
 1020  department of Transportation shall, as a specific condition of
 1021  such permit, require the owner obstruction marking and lighting
 1022  of the permitted structure or vegetation to install, operate,
 1023  and maintain thereon, at his or her own expense, marking and
 1024  lighting in conformance with the specific standards established
 1025  by the Federal Aviation Administration structure as provided in
 1026  s. 333.07(3)(b).
 1027         (8) The department may of Transportation shall not approve
 1028  a permit for the construction or alteration erection of a
 1029  structure unless the applicant submits both documentation
 1030  showing compliance with the federal requirement for notification
 1031  of proposed construction or alteration and a valid aeronautical
 1032  study evaluation, and no permit shall be approved solely on the
 1033  basis that such proposed structure will not exceed federal
 1034  obstruction standards as contained in 14 C.F.R. ss. 77.15,
 1035  77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25, 77.28, or
 1036  77.29, or any other federal aviation regulation.
 1037         (9) The denial of a permit under this section is subject to
 1038  the administrative review provisions of chapter 120.
 1039         Section 15. Section 333.03, Florida Statutes, is amended to
 1040  read:
 1041         333.03 Requirement Power to adopt airport zoning
 1042  regulations.—
 1043         (1)(a) Every In order to prevent the creation or
 1044  establishment of airport hazards, every political subdivision
 1045  having an airport hazard area within its territorial limits
 1046  shall, by October 1, 1977, adopt, administer, and enforce, under
 1047  the police power and in the manner and upon the conditions
 1048  hereinafter prescribed in this section, airport protection
 1049  zoning regulations for such airport hazards hazard area.
 1050         (b) Where an airport is owned or controlled by a political
 1051  subdivision and an any airport hazard area appertaining to such
 1052  airport is located wholly or partly outside the territorial
 1053  limits of the said political subdivision, the political
 1054  subdivision owning or controlling the airport and any the
 1055  political subdivision within which the airport hazard area is
 1056  located, must shall either:
 1057         1. By interlocal agreement, in accordance with the
 1058  provisions of chapter 163, adopt, administer, and enforce a set
 1059  of airport protection zoning regulations applicable to the
 1060  airport hazard area in question; or
 1061         2. By ordinance, regulation, or resolution duly adopted,
 1062  create a joint airport zoning board, which must board shall have
 1063  the same power to adopt, administer, and enforce a set of
 1064  airport protection zoning regulations applicable to the airport
 1065  hazard area in each question as that vested in paragraph (a) in
 1066  the political subdivision in within which the airport hazard
 1067  such area is located. Each such joint airport zoning board shall
 1068  have as members two representatives appointed by each
 1069  participating political subdivision participating in its
 1070  creation and, in addition, a chair elected by a majority of the
 1071  members so appointed. The However, the airport manager or
 1072  representative of each airport in managers of the affected
 1073  participating political subdivisions shall serve on the board in
 1074  a nonvoting capacity.
 1075         (c) Airport protection zoning regulations adopted under
 1076  paragraph (a) must shall, at as a minimum, require:
 1077         1. A permit variance for the erection, construction or
 1078  alteration, or modification of any structure that which would
 1079  cause the structure to exceed the federal obstruction standards
 1080  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
 1081  77.23. 77.21, 77.23, 77.25, 77.28, and 77.29;
 1082         2. Obstruction marking and lighting for structures
 1083  exceeding the federal obstruction standards as contained in 14
 1084  C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and 77.23, as specified
 1085  in s. 333.07(3).;
 1086         3. Documentation showing compliance with the federal
 1087  requirement for notification of proposed construction or
 1088  alteration and a valid aeronautical study evaluation submitted
 1089  by each person applying for a permit. variance;
 1090         4. Consideration of the criteria in s. 333.025(6), when
 1091  determining whether to issue or deny a permit. variance; and
 1092         5. That a permit may not no variance shall be approved
 1093  solely on the basis that the such proposed structure will not
 1094  exceed federal obstruction standards as contained in 14 C.F.R.
 1095  ss. 77.15, 77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25,
 1096  77.28, or 77.29, or any other federal aviation regulation.
 1097         (d) The department is available to provide assistance to
 1098  political subdivisions with regard to federal obstruction
 1099  standards shall issue copies of the federal obstruction
 1100  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
 1101  77.28, and 77.29 to each political subdivision having airport
 1102  hazard areas and, in cooperation with political subdivisions,
 1103  shall issue appropriate airport zoning maps depicting within
 1104  each county the maximum allowable height of any structure or
 1105  tree. Material distributed pursuant to this subsection shall be
 1106  at no cost to authorized recipients.
 1107         (2) In the manner provided in subsection (1), interim
 1108  airport land use compatibility zoning regulations must shall be
 1109  adopted, administered, and enforced. Airport land-use
 1110  compatibility zoning When political subdivisions have adopted
 1111  land development regulations must, at a minimum, in accordance
 1112  with the provisions of chapter 163 which address the use of land
 1113  in the manner consistent with the provisions herein, adoption of
 1114  airport land use compatibility regulations pursuant to this
 1115  subsection shall not be required. Interim airport land use
 1116  compatibility zoning regulations shall consider the following:
 1117         (a) Prohibiting any new and restricting any existing
 1118  Whether sanitary landfills are located within the following
 1119  areas:
 1120         1. Within 10,000 feet from the nearest point of any runway
 1121  used or planned to be used by turbine turbojet or turboprop
 1122  aircraft.
 1123         2. Within 5,000 feet from the nearest point of any runway
 1124  used only by nonturbine piston-type aircraft.
 1125         3. Outside the perimeters defined in subparagraphs 1. and
 1126  2., but still within the lateral limits of the civil airport
 1127  imaginary surfaces defined in 14 C.F.R. part 77.19 77.25. Case
 1128  by-case review of such landfills is advised.
 1129         (b) Where Whether any landfill is located and constructed
 1130  so that it attracts or sustains hazardous bird movements from
 1131  feeding, water, or roosting areas into, or across, the runways
 1132  or approach and departure patterns of aircraft,. The political
 1133  subdivision shall request from the airport authority or other
 1134  governing body operating the airport a report on such bird
 1135  feeding or roosting areas that at the time of the request are
 1136  known to the airport. In preparing its report, the authority, or
 1137  other governing body, shall consider whether the landfill
 1138  operator will be required to incorporate bird management
 1139  techniques or other practices to minimize bird hazards to
 1140  airborne aircraft. The airport authority or other governing body
 1141  shall respond to the political subdivision no later than 30 days
 1142  after receipt of such request.
 1143         (c) Where an airport authority or other governing body
 1144  operating a publicly owned, public-use airport has conducted a
 1145  noise study in accordance with the provisions of 14 C.F.R. part
 1146  150, or where the public-use airport owner has established noise
 1147  contours pursuant to another public study approved by the
 1148  Federal Aviation Administration, incompatible uses, as
 1149  established in 14 C.F.R. part 150, appendix A noise study, or as
 1150  a part of an alternative FAA-approved public study, may not be
 1151  permitted within the noise contours established by that study,
 1152  except where such use is specifically contemplated by such study
 1153  with appropriate mitigation or similar techniques described in
 1154  the study neither residential construction nor any educational
 1155  facility as defined in chapter 1013, with the exception of
 1156  aviation school facilities, shall be permitted within the area
 1157  contiguous to the airport defined by an outer noise contour that
 1158  is considered incompatible with that type of construction by 14
 1159  C.F.R. part 150, Appendix A or an equivalent noise level as
 1160  established by other types of noise studies.
 1161         (d) Where an airport authority or other governing body
 1162  operating a publicly owned, public-use airport has not conducted
 1163  a noise study, neither residential construction nor any
 1164  educational facility as defined in chapter 1013, with the
 1165  exception of aviation school facilities, shall be permitted
 1166  within an area contiguous to the airport measuring one-half the
 1167  length of the longest runway on either side of and at the end of
 1168  each runway centerline.
 1169         (3) In the manner provided in subsection (1), airport
 1170  zoning regulations shall be adopted which restrict new
 1171  incompatible uses, activities, or substantial modifications to
 1172  existing incompatible uses construction within runway protection
 1173  clear zones shall be adopted , including uses, activities, or
 1174  construction in runway clear zones which are incompatible with
 1175  normal airport operations or endanger public health, safety, and
 1176  welfare by resulting in congregations of people, emissions of
 1177  light or smoke, or attraction of birds. Such regulations shall
 1178  prohibit the construction of an educational facility of a public
 1179  or private school at either end of a runway of a publicly owned,
 1180  public-use airport within an area which extends 5 miles in a
 1181  direct line along the centerline of the runway, and which has a
 1182  width measuring one-half the length of the runway. Exceptions
 1183  approving construction of an educational facility within the
 1184  delineated area shall only be granted when the political
 1185  subdivision administering the zoning regulations makes specific
 1186  findings detailing how the public policy reasons for allowing
 1187  the construction outweigh health and safety concerns prohibiting
 1188  such a location.
 1189         (4) The procedures outlined in subsections (1), (2), and
 1190  (3) for the adoption of such regulations are supplemental to any
 1191  existing procedures utilized by political subdivisions in the
 1192  adoption of such regulations.
 1193         (4)(5) The department of Transportation shall provide
 1194  technical assistance to any political subdivision requesting
 1195  assistance in the preparation of an airport zoning regulation
 1196  code. A copy of all local airport zoning codes, rules, and
 1197  regulations, and amendments and proposed and granted permits
 1198  variances thereto, shall be filed with the department. All
 1199  updates and amendments to local airport zoning codes, rules, and
 1200  regulations must be filed with the department within 30 days
 1201  after adoption.
 1202         (5)(6)Nothing in Subsection (2) and or subsection (3) may
 1203  not shall be construed to require the removal, alteration, sound
 1204  conditioning, or other change, or to interfere with the
 1205  continued use or adjacent expansion of any educational structure
 1206  or site in existence on July 1, 1993, or be construed to
 1207  prohibit the construction of any new structure for which a site
 1208  has been determined as provided in former s. 235.19, as of July
 1209  1, 1993.
 1210         (6) This section may not preclude an airport authority,
 1211  local government, or other governing body operating a public-use
 1212  airport from establishing airport protection zoning regulations
 1213  more restrictive than herein prescribed in order to protect the
 1214  safety and welfare of the public in the air and on the ground.
 1215         Section 16. Section 333.04, Florida Statutes, is amended to
 1216  read:
 1217         333.04 Comprehensive zoning regulations; most stringent to
 1218  prevail where conflicts occur.—
 1219         (1) INCORPORATION.—In the event that a political
 1220  subdivision has adopted, or hereafter adopts, a comprehensive
 1221  plan or policy zoning ordinance regulating, among other things,
 1222  the height of buildings, structures, and natural objects, and
 1223  uses of property, any airport zoning regulations applicable to
 1224  the same area or portion thereof may be incorporated in and made
 1225  a part of such comprehensive plans or policies zoning
 1226  regulations, and be administered and enforced in connection
 1227  therewith.
 1228         (2) CONFLICT.—In the event of conflict between any airport
 1229  zoning regulations adopted under this chapter and any other
 1230  regulations applicable to the same area, whether the conflict be
 1231  with respect to the height of structures or vegetation trees,
 1232  the use of land, or any other matter, and whether such
 1233  regulations were adopted by the political subdivision which
 1234  adopted the airport zoning regulations or by some other
 1235  political subdivision, the more stringent limitation or
 1236  requirement shall govern and prevail.
 1237         Section 17. Section 333.05, Florida Statutes, is amended to
 1238  read:
 1239         333.05 Procedure for adoption of zoning regulations.—
 1240         (1) NOTICE AND HEARING.—No Airport zoning regulations may
 1241  not shall be adopted, amended, or deleted changed under this
 1242  chapter except by action of the legislative body of the
 1243  political subdivision in question, or the joint board provided
 1244  in s. 333.03(1)(b) by the political subdivisions bodies therein
 1245  provided and set forth, after a public hearing in relation
 1246  thereto, at which parties in interest and citizens shall have an
 1247  opportunity to be heard. Notice of the hearing shall be
 1248  published at least once a week for 2 consecutive weeks in an
 1249  official paper, or a paper of general circulation, in the
 1250  political subdivision or subdivisions where in which are located
 1251  the airport zoning regulations are areas to be adopted, amended,
 1252  or deleted zoned.
 1253         (2) AIRPORT ZONING COMMISSION.—Prior to the initial zoning
 1254  of any airport area under this chapter the political subdivision
 1255  or joint airport zoning board which is to adopt, administer, and
 1256  enforce the regulations shall appoint a commission, to be known
 1257  as the airport zoning commission, to recommend the boundaries of
 1258  the various zones to be established and the regulations to be
 1259  adopted therefor. Such commission shall make a preliminary
 1260  report and hold public hearings thereon before submitting its
 1261  final report, and the legislative body of the political
 1262  subdivision or the joint airport zoning board shall not hold its
 1263  public hearings or take any action until it has received the
 1264  final report of such commission, and at least 15 days shall
 1265  elapse between the receipt of the final report of the commission
 1266  and the hearing to be held by the latter board. Where a planning
 1267  city plan commission, airport commission, or comprehensive
 1268  zoning commission already exists, it may be appointed as the
 1269  airport zoning commission.
 1270         Section 18. Section 333.06, Florida Statutes, is amended to
 1271  read:
 1272         333.06 Airport zoning requirements.—
 1273         (1) REASONABLENESS.—All airport zoning regulations adopted
 1274  under this chapter shall be reasonable and none shall not impose
 1275  any requirement or restriction which is not reasonably necessary
 1276  to effectuate the purposes of this chapter. In determining what
 1277  regulations it may adopt, each political subdivision and joint
 1278  airport zoning board shall consider, among other things, the
 1279  character of the flying operations expected to be conducted at
 1280  the airport, the nature of the terrain within the airport hazard
 1281  area and runway protection clear zones, the character of the
 1282  neighborhood, the uses to which the property to be zoned is put
 1283  and adaptable, and the impact of any new use, activity, or
 1284  construction on the airport’s operating capability and capacity.
 1285         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
 1286  zoning regulations adopted under this chapter is to provide both
 1287  airspace protection and land uses use compatible with airport
 1288  operations. Each aspect of this purpose requires independent
 1289  justification in order to promote the public interest in safety,
 1290  health, and general welfare. Specifically, construction in a
 1291  runway protection clear zone which does not exceed airspace
 1292  height restrictions is not conclusive evidence per se that such
 1293  use, activity, or construction is compatible with airport
 1294  operations.
 1295         (3) NONCONFORMING USES.—No airport protection zoning
 1296  regulations adopted under this chapter shall require the
 1297  removal, lowering, or other change or alteration of any
 1298  structure or vegetation tree not conforming to the regulations
 1299  when adopted or amended, or otherwise interfere with the
 1300  continuance of any nonconforming use, except as provided in s.
 1301  333.07(1) and (3).
 1302         (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
 1303  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
 1304  each public-use publicly owned and operated airport licensed by
 1305  the department of Transportation under chapter 330. The
 1306  authorized entity having responsibility for governing the
 1307  operation of the airport, when either requesting from or
 1308  submitting to a state or federal governmental agency with
 1309  funding or approval jurisdiction a “finding of no significant
 1310  impact,” an environmental assessment, a site-selection study, an
 1311  airport master plan, or any amendment to an airport master plan,
 1312  shall submit simultaneously a copy of said request, submittal,
 1313  assessment, study, plan, or amendments by certified mail to all
 1314  affected local governments. For the purposes of this subsection,
 1315  “affected local government” is defined as any city or county
 1316  having jurisdiction over the airport and any city or county
 1317  located within 2 miles of the boundaries of the land subject to
 1318  the airport master plan.
 1319         Section 19. Section 333.065, Florida Statutes, is repealed.
 1320         Section 20. Section 333.07, Florida Statutes, is amended to
 1321  read:
 1322         333.07 Local government permitting of airspace obstructions
 1323  Permits and variances.—
 1324         (1) PERMITS.—
 1325         (a) Any person proposing to erect, construct, or alter any
 1326  structure, increase the height of any structure, permit the
 1327  growth of any vegetation, or otherwise use his or her property
 1328  in violation of the airport protection zoning regulations
 1329  adopted under this chapter shall apply for a permit. A Any
 1330  airport zoning regulations adopted under this chapter may
 1331  require that a permit be obtained before any new structure or
 1332  use may be constructed or established and before any existing
 1333  use or structure may be substantially changed or substantially
 1334  altered or repaired. In any event, however, all such regulations
 1335  shall provide that before any nonconforming structure or tree
 1336  may be replaced, substantially altered or repaired, rebuilt,
 1337  allowed to grow higher, or replanted, a permit must be secured
 1338  from the administrative agency authorized to administer and
 1339  enforce the regulations, authorizing such replacement, change,
 1340  or repair. No permit may not shall be issued granted that would
 1341  allow the establishment or creation of an airport hazard or
 1342  would permit a nonconforming structure or vegetation tree or
 1343  nonconforming use to be made or become higher or to become a
 1344  greater hazard to air navigation than it was when the applicable
 1345  regulation was adopted or than it is when the application for a
 1346  permit is made.
 1347         (b) Whenever the political subdivision or its
 1348  administrative agency determines that a nonconforming use or
 1349  nonconforming structure or vegetation tree has been abandoned or
 1350  is more than 80 percent torn down, destroyed, deteriorated, or
 1351  decayed, a no permit may not shall be granted that would allow
 1352  the said structure or vegetation tree to exceed the applicable
 1353  height limit or otherwise deviate from the zoning regulations.;
 1354  and, Whether an application is made for a permit under this
 1355  subsection or not, the said agency may by appropriate action,
 1356  compel the owner of the nonconforming structure or vegetation
 1357  may be required tree, at his or her own expense, to lower,
 1358  remove, reconstruct, alter, or equip such object as may be
 1359  necessary to conform to the regulations. If the owner of the
 1360  nonconforming structure or vegetation neglects or refuses tree
 1361  shall neglect or refuse to comply with the such order for 10
 1362  days after notice thereof, the said agency may report the
 1363  violation to the political subdivision involved therein. The,
 1364  which subdivision, through its appropriate agency, may proceed
 1365  to have the object so lowered, removed, reconstructed, altered,
 1366  or equipped, and assess the cost and expense thereof upon the
 1367  object or the land where whereon it is or was located, and,
 1368  unless such an assessment is paid within 90 days from the
 1369  service of notice thereof on the owner or the owner’s agent, of
 1370  such object or land, the sum shall be a lien on said land, and
 1371  shall bear interest thereafter at the rate of 6 percent per
 1372  annum until paid, and shall be collected in the same manner as
 1373  taxes on real property are collected by said political
 1374  subdivision, or, at the option of said political subdivision,
 1375  said lien may be enforced in the manner provided for enforcement
 1376  of liens by chapter 85.
 1377         (c) Except as provided herein, applications for permits
 1378  shall be granted, provided the matter applied for meets the
 1379  provisions of this chapter and the regulations adopted and in
 1380  force hereunder.
 1381         (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
 1382  determining whether to issue or deny a permit, the political
 1383  subdivision or its administrative agency must consider the
 1384  following, as applicable:
 1385         (a) The safety of persons on the ground and in the air.
 1386         (b) The safe and efficient use of navigable airspace.
 1387         (c) The nature of the terrain and height of existing
 1388  structures.
 1389         (d) The construction or alteration of the proposed
 1390  structure on the state licensing standards for a public-use
 1391  airport, contained in chapter 330 and chapter 14-60 of the
 1392  Florida Administrative Code.
 1393         (e) The character of existing and planned flight operations
 1394  and developments at public-use airports.
 1395         (f) Federal airways; visual flight rules, flyways and
 1396  corridors; and instrument approaches as designated by the
 1397  Federal Aviation Administration.
 1398         (g) The construction or alteration of the proposed
 1399  structure on the minimum descent altitude or the decision height
 1400  at the affected airport.
 1401         (h) The cumulative effects on navigable airspace of all
 1402  existing structures, and all other known proposed structures in
 1403  the area.
 1404         (i) Requirements contained in s. 333.03(2) and (3).
 1405         (j) Additional requirements adopted by the local
 1406  jurisdiction pertinent to evaluation and protection of airspace
 1407  and airport operations.
 1408         (2) VARIANCES.—
 1409         (a) Any person desiring to erect any structure, increase
 1410  the height of any structure, permit the growth of any tree, or
 1411  otherwise use his or her property in violation of the airport
 1412  zoning regulations adopted under this chapter or any land
 1413  development regulation adopted pursuant to the provisions of
 1414  chapter 163 pertaining to airport land use compatibility, may
 1415  apply to the board of adjustment for a variance from the zoning
 1416  regulations in question. At the time of filing the application,
 1417  the applicant shall forward to the department by certified mail,
 1418  return receipt requested, a copy of the application. The
 1419  department shall have 45 days from receipt of the application to
 1420  comment and to provide its comments or waiver of that right to
 1421  the applicant and the board of adjustment. The department shall
 1422  include its explanation for any objections stated in its
 1423  comments. If the department fails to provide its comments within
 1424  45 days of receipt of the application, its right to comment is
 1425  waived. The board of adjustment may proceed with its
 1426  consideration of the application only upon the receipt of the
 1427  department’s comments or waiver of that right as demonstrated by
 1428  the filing of a copy of the return receipt with the board.
 1429  Noncompliance with this section shall be grounds to appeal
 1430  pursuant to s. 333.08 and to apply for judicial relief pursuant
 1431  to s. 333.11. Such variances may only be allowed where a literal
 1432  application or enforcement of the regulations would result in
 1433  practical difficulty or unnecessary hardship and where the
 1434  relief granted would not be contrary to the public interest but
 1435  would do substantial justice and be in accordance with the
 1436  spirit of the regulations and this chapter. However, any
 1437  variance may be allowed subject to any reasonable conditions
 1438  that the board of adjustment may deem necessary to effectuate
 1439  the purposes of this chapter.
 1440         (b) The Department of Transportation shall have the
 1441  authority to appeal any variance granted under this chapter
 1442  pursuant to s. 333.08, and to apply for judicial relief pursuant
 1443  to s. 333.11.
 1444         (3) OBSTRUCTION MARKING AND LIGHTING.—
 1445         (a) In issuing a granting any permit or variance under this
 1446  section, the political subdivision or its administrative agency
 1447  or board of adjustment shall require the owner of the structure
 1448  or vegetation tree in question to install, operate, and maintain
 1449  thereon, at his or her own expense, such marking and lighting in
 1450  conformance with the specific standards established by the
 1451  Federal Aviation Administration as may be necessary to indicate
 1452  to aircraft pilots the presence of an obstruction.
 1453         (b) Such marking and lighting shall conform to the specific
 1454  standards established by rule by the department of
 1455  Transportation.
 1456         (c) Existing structures not in compliance on October 1,
 1457  1988, shall be required to comply whenever the existing marking
 1458  requires refurbishment, whenever the existing lighting requires
 1459  replacement, or within 5 years of October 1, 1988, whichever
 1460  occurs first.
 1461         Section 21. Section 333.08, Florida Statutes, is repealed.
 1462         Section 22. Section 333.09, Florida Statutes, is amended to
 1463  read:
 1464         333.09 Administration of airport zoning regulations.—
 1465         (1)ADMINISTRATION AND ENFORCEMENT.—All airport zoning
 1466  regulations adopted under this chapter shall provide for the
 1467  administration and enforcement of such regulations by the
 1468  political subdivisions or their by an administrative agency
 1469  which may be an agency created by such regulations or any
 1470  official, board, or other existing agency of the political
 1471  subdivision adopting the regulations or of one of the political
 1472  subdivisions which participated in the creation of the joint
 1473  airport zoning board adopting the regulations, if satisfactory
 1474  to that political subdivision, but in no case shall such
 1475  administrative agency be or include any member of the board of
 1476  adjustment. The duties of any administrative agency designated
 1477  pursuant to this chapter shall include that of hearing and
 1478  deciding all permits under s. 333.07 s. 333.07(1), deciding all
 1479  matters under s. 333.07(3), as they pertain to such agency, and
 1480  all other matters under this chapter applying to said agency,
 1481  but such agency shall not have or exercise any of the powers
 1482  herein delegated to the board of adjustment.
 1483         (2) LOCAL GOVERNMENT PROCESS.—
 1484         (a) Any political subdivision required to adopt airport
 1485  zoning regulations under this chapter must provide a process to:
 1486         1.Issue or deny permits consistent with s. 333.07,
 1487  including requests for exceptions to airport zoning regulations.
 1488         2.Notify the department of receipt of a complete permit
 1489  application consistent with s. 333.025(4).
 1490         3.Enforce any permit, order, requirement, decision, or
 1491  determination made by the administrative agency with respect to
 1492  the airport zoning regulations.
 1493         (b) Where a zoning board or permitting body already exists
 1494  within a political subdivision, the zoning board or permitting
 1495  body may implement the permitting and appeals process.
 1496  Otherwise, the political subdivision shall implement the
 1497  permitting and appeals process in a manner consistent with its
 1498  constitutional powers and areas of jurisdiction.
 1499         (3) APPEALS.—
 1500         (a) Any person, political subdivision or its administrative
 1501  agency, or any joint airport zoning board, which contends that
 1502  the decision made by a political subdivision or its
 1503  administrative agency is an improper application of airport
 1504  zoning regulations may use the process established for an
 1505  appeal.
 1506         (b) All appeals taken under this section must be taken
 1507  within a reasonable time, as provided by the political
 1508  subdivision or its administrative agency, by filing with the
 1509  entity from which appeal is taken a notice of appeal specifying
 1510  the grounds for appeal.
 1511         (c) An appeal stays all proceedings in the underlying
 1512  action, unless the entity from which the appeal is taken
 1513  certifies pursuant to the rules for appeal that by reason of the
 1514  facts stated in the certificate, a stay would, in its opinion,
 1515  cause imminent peril to life or property. In that case,
 1516  proceedings may not be stayed except by an order of the
 1517  political subdivision or its administrative agency following
 1518  notice to the entity from which the appeal is taken and on good
 1519  cause shown.
 1520         (d) The political subdivision or its administrative agency
 1521  must set a reasonable time for the hearing of appeals, give
 1522  public notice and due notice to the parties in interest, and
 1523  decide the same within a reasonable time. At the hearing, a
 1524  party may appear in person, by agent, or by attorney.
 1525         (e) The political subdivision or its administrative agency
 1526  may, in conformity with the provisions of this chapter, reverse,
 1527  affirm, or modify the underlying order, requirement, decision,
 1528  or determination from which the appeal is taken.
 1529         Section 23. Section 333.10, Florida Statutes, is repealed.
 1530         Section 24. Section 333.11, Florida Statutes, is amended to
 1531  read:
 1532         333.11 Judicial review.—
 1533         (1) Any person, aggrieved, or taxpayer affected, by any
 1534  decision of a board of adjustment, or any governing body of a
 1535  political subdivision or its administrative agency, or the
 1536  Department of Transportation or any joint airport zoning board
 1537  affected by a decision of a political subdivision, or its of any
 1538  administrative agency hereunder, may apply for judicial relief
 1539  to the circuit court in the judicial circuit where the political
 1540  subdivision board of adjustment is located within 30 days after
 1541  rendition of the decision by the board of adjustment. Review
 1542  shall be by petition for writ of certiorari, which shall be
 1543  governed by the Florida Rules of Appellate Procedure.
 1544         (2) Upon presentation of such petition to the court, it may
 1545  allow a writ of certiorari, directed to the board of adjustment,
 1546  to review such decision of the board. The allowance of the writ
 1547  shall not stay the proceedings upon the decision appealed from,
 1548  but the court may, on application, on notice to the board, on
 1549  due hearing and due cause shown, grant a restraining order.
 1550         (3) The board of adjustment shall not be required to return
 1551  the original papers acted upon by it, but it shall be sufficient
 1552  to return certified or sworn copies thereof or of such portions
 1553  thereof as may be called for by the writ. The return shall
 1554  concisely set forth such other facts as may be pertinent and
 1555  material to show the grounds of the decision appealed from and
 1556  shall be verified.
 1557         (2)(4) The court shall have exclusive jurisdiction to
 1558  affirm, modify, or set aside the decision brought up for review,
 1559  in whole or in part, and if need be, to order further
 1560  proceedings by the political subdivision or its administrative
 1561  agency board of adjustment. The findings of fact by the
 1562  political subdivision or its administrative agency board, if
 1563  supported by substantial evidence, shall be accepted by the
 1564  court as conclusive. An, and no objection to a decision of the
 1565  political subdivision or its administrative agency may not board
 1566  shall be considered by the court unless such objection was
 1567  raised in the underlying proceeding shall have been urged before
 1568  the board, or, if it was not so urged, unless there were
 1569  reasonable grounds for failure to do so.
 1570         (3)(5)If In any case in which airport zoning regulations
 1571  adopted under this chapter, although generally reasonable, are
 1572  held by a court to interfere with the use and enjoyment of a
 1573  particular structure or parcel of land to such an extent, or to
 1574  be so onerous in their application to such a structure or parcel
 1575  of land, as to constitute a taking or deprivation of that
 1576  property in violation of the State Constitution or the
 1577  Constitution of the United States, such holding shall not affect
 1578  the application of such regulations to other structures and
 1579  parcels of land, or such regulations as are not involved in the
 1580  particular decision.
 1581         (4)(6)No Judicial appeal shall be or is not permitted
 1582  under this section, to any courts until the appellant has
 1583  exhausted all its remedies through application for local
 1584  government permits, exceptions, and appeals, as herein provided,
 1585  save and except an appeal from a decision of the board of
 1586  adjustment, the appeal herein provided being from such final
 1587  decision of such board only, the appellant being hereby required
 1588  to exhaust his or her remedies hereunder of application for
 1589  permits, exceptions and variances, and appeal to the board of
 1590  adjustment, and gaining a determination by said board, before
 1591  being permitted to appeal to the court hereunder.
 1592         Section 25. Section 333.12, Florida Statutes, is amended to
 1593  read:
 1594         333.12 Acquisition of air rights.—When In any case which:
 1595  it is desired to remove, lower or otherwise terminate a
 1596  nonconforming structure or use presents an air hazard and the
 1597  structure cannot be removed, lowered, or otherwise terminated;
 1598  or the approach protection necessary cannot, because of
 1599  constitutional limitations, be provided by airport regulations
 1600  under this chapter; or it appears advisable that the necessary
 1601  approach protection be provided by acquisition of property
 1602  rights rather than by airport zoning regulations, the political
 1603  subdivision within which the property or nonconforming use is
 1604  located, or the political subdivision owning or operating the
 1605  airport or being served by it, may acquire, by purchase, grant,
 1606  or condemnation in the manner provided by chapter 73, such air
 1607  right, avigation navigation easement conveying the airspace over
 1608  another property for use by the airport, or other estate,
 1609  portion or interest in the property or nonconforming structure
 1610  or use or such interest in the air above such property,
 1611  vegetation tree, structure, or use, in question, as may be
 1612  necessary to effectuate the purposes of this chapter, and in so
 1613  doing, if by condemnation, to have the right to take immediate
 1614  possession of the property, interest in property, air right, or
 1615  other right sought to be condemned, at the time, and in the
 1616  manner and form, and as authorized by chapter 74. In the case of
 1617  the purchase of any property, or any easement, or estate or
 1618  interest therein or the acquisition of the same by the power of
 1619  eminent domain, the political subdivision making such purchase
 1620  or exercising such power shall in addition to the damages for
 1621  the taking, injury, or destruction of property also pay the cost
 1622  of the removal and relocation of any structure or any public
 1623  utility which is required to be moved to a new location.
 1624         Section 26. Section 333.135, Florida Statutes, is created
 1625  to read:
 1626         333.135 Transition provisions.—
 1627         (1) A provision of an airport zoning regulation in effect
 1628  on July 1, 2015, that conflicts with this chapter must be
 1629  amended to conform to the requirements of this chapter by July
 1630  1, 2016.
 1631         (2) By October 1, 2017, a political subdivision having an
 1632  airport within its territorial limits, which has not adopted
 1633  airport zoning regulations, must adopt airport zoning
 1634  regulations which are consistent with this chapter.
 1635         (3) For those political subdivisions that have not yet
 1636  adopted airport zoning regulations pursuant to this chapter, the
 1637  department shall administer the permitting process as provided
 1638  in s. 333.025.
 1639         Section 27. Section 333.14, Florida Statutes, is repealed.
 1640         Section 28. Subsections (36) and (37) of section 334.03,
 1641  Florida Statutes, are amended to read:
 1642         334.03 Definitions.—When used in the Florida Transportation
 1643  Code, the term:
 1644         (36) “511” or “511 services” means all three-digit
 1645  telecommunications dialing to access interactive voice response
 1646  telephone traveler information services provided in the state to
 1647  include, but not be limited to, the terms as defined by the
 1648  Federal Communications Commission in FCC Order No. 00-256, July
 1649  31, 2000.
 1650         (37) “Interactive voice response” means a software
 1651  application that accepts a combination of voice telephone input
 1652  and touch-tone keypad selection and provides appropriate
 1653  responses in the form of voice, fax, callback, e-mail, and other
 1654  media.
 1655         Section 29. Subsection (31) of section 334.044, Florida
 1656  Statutes, is amended, and subsection (34) of that section is
 1657  created, to read:
 1658         334.044 Department; powers and duties.—The department shall
 1659  have the following general powers and duties:
 1660         (31) To provide oversight of traveler information systems
 1661  that may include the provision of interactive voice response
 1662  telephone systems accessible via the 511 services number as
 1663  assigned by the Federal Communications Commission for traveler
 1664  information services. The department shall ensure that uniform
 1665  standards and criteria for the collection and dissemination of
 1666  traveler information are applied using interactive voice
 1667  response systems.
 1668         (34) The department may assume responsibilities of the
 1669  United States Department of Transportation with respect to
 1670  highway projects within the state under the National
 1671  Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and
 1672  with respect to related responsibilities for environmental
 1673  review, consultation, or other action required under any federal
 1674  environmental law pertaining to review or approval of a highway
 1675  project within the state. The department may assume
 1676  responsibilities under 23 U.S.C. s. 327 and enter into one or
 1677  more agreements, including memoranda of understanding, with the
 1678  United States Secretary of Transportation related to the federal
 1679  surface transportation project delivery program for the delivery
 1680  of highway projects, as provided by 23 U.S.C. s. 327. The
 1681  department may adopt rules to implement this subsection and may
 1682  adopt relevant federal environmental standards as the standards
 1683  for this state for a program described in this subsection.
 1684  Sovereign immunity to civil suit in federal court is waived
 1685  consistent with 23 U.S.C. s. 327 and limited to the compliance,
 1686  discharge, or enforcement of a responsibility assumed by the
 1687  department under this subsection.
 1688         Section 30. Section 334.60, Florida Statutes, is amended to
 1689  read:
 1690         334.60 511 traveler information system.—The department is
 1691  the state’s lead agency for implementing 511 services and is the
 1692  state’s point of contact for coordinating all 511 services with
 1693  telecommunications service providers.
 1694         (1) The department shall:
 1695         (a)(1) Implement and administer 511 services in the state;
 1696         (b)(2) Coordinate with other transportation authorities in
 1697  the state to provide multimodal traveler information through 511
 1698  services and other means;
 1699         (c)(3) Develop uniform standards and criteria for the
 1700  collection and dissemination of traveler information using the
 1701  511 services number or other interactive voice response systems;
 1702  and
 1703         (d)(4) Enter into joint participation agreements or
 1704  contracts with highway authorities and public transit districts
 1705  to share the costs of implementing and administering 511
 1706  services in the state. The department may also enter into other
 1707  agreements or contracts with private firms relating to the 511
 1708  services to offset the costs of implementing and administering
 1709  511 services in the state.
 1710         (2) The department shall adopt rules to administer the
 1711  coordination of 511 traveler information phone services in the
 1712  state.
 1713         Section 31. Subsections (3) and (4) of section 335.065,
 1714  Florida Statutes, are amended to read:
 1715         335.065 Bicycle and pedestrian ways along state roads and
 1716  transportation facilities.—
 1717         (3) The department, in cooperation with the Department of
 1718  Environmental Protection, shall establish a statewide integrated
 1719  system of bicycle and pedestrian ways in such a manner as to
 1720  take full advantage of any such ways which are maintained by any
 1721  governmental entity. The department may enter into a concession
 1722  agreement with a not-for-profit entity or private sector
 1723  business or entity for commercial sponsorship displays on
 1724  multiuse trails and related facilities and use any concession
 1725  agreement revenues for the maintenance of the multiuse trails
 1726  and related facilities. Commercial sponsorship displays are
 1727  subject to the requirements of the Highway Beautification Act of
 1728  1965 and all federal laws and agreements, when applicable. For
 1729  the purposes of this section, bicycle facilities may be
 1730  established as part of or separate from the actual roadway and
 1731  may utilize existing road rights-of-way or other rights-of-way
 1732  or easements acquired for public use.
 1733         (a) A concession agreement shall be administered by the
 1734  department and must include the requirements of this section.
 1735         (b)1. Signage or displays erected under this section shall
 1736  comply with s. 337.407 and chapter 479 and shall be limited as
 1737  follows:
 1738         a. One large sign or display, not to exceed 16 square feet
 1739  in area, may be located at each trailhead or parking area.
 1740         b. One small sign or display, not to exceed 4 square feet
 1741  in area, may be located at each designated trail public access
 1742  point.
 1743         2. Before installation, each name or sponsorship display
 1744  must be approved by the department.
 1745         3. The department shall ensure that the size, color,
 1746  materials, construction, and location of all signs are
 1747  consistent with the management plan for the property and the
 1748  standards of the department, do not intrude on natural and
 1749  historic settings, and contain only a logo selected by the
 1750  sponsor and the following sponsorship wording:
 1751  
 1752         ...(Name of the sponsor)... proudly sponsors the costs
 1753         of maintaining the ...(Name of the greenway or
 1754         trail)....
 1755  
 1756         4. All costs of a display, including development,
 1757  construction, installation, operation, maintenance, and removal
 1758  costs, shall be paid by the concessionaire.
 1759         (c) A concession agreement shall be for a minimum of 1
 1760  year, but may be for a longer period under a multiyear
 1761  agreement, and may be terminated for just cause by the
 1762  department upon 60 days’ advance notice. Just cause for
 1763  termination of a concession agreement includes, but is not
 1764  limited to, violation of the terms of the concession agreement
 1765  or this section.
 1766         (4)(a) The department may use appropriated funds to support
 1767  the establishment of a statewide system of interconnected
 1768  multiuse trails and to pay the costs of planning, land
 1769  acquisition, design, and construction of such trails and related
 1770  facilities. The department shall give funding priority to
 1771  projects that:
 1772         1. Are identified by the Florida Greenways and Trails
 1773  Council as a priority within the Florida Greenways and Trails
 1774  System under chapter 260.
 1775         2. Support the transportation needs of bicyclists and
 1776  pedestrians.
 1777         3. Have national, statewide, or regional importance.
 1778         4. Facilitate an interconnected system of trails by
 1779  completing gaps between existing trails.
 1780         (b) A project funded under this subsection shall:
 1781         1. Be included in the department’s work program developed
 1782  in accordance with s. 339.135.
 1783         2. Be operated and maintained by an entity other than the
 1784  department upon completion of construction. The department is
 1785  not obligated to provide funds for the operation and maintenance
 1786  of the project.
 1787         Section 32. Subsection (4) of section 338.165, Florida
 1788  Statutes, is amended to read:
 1789         338.165 Continuation of tolls.—
 1790         (4) Notwithstanding any other law to the contrary, pursuant
 1791  to s. 11, Art. VII of the State Constitution, and subject to the
 1792  requirements of subsection (2), the Department of Transportation
 1793  may request the Division of Bond Finance to issue bonds secured
 1794  by toll revenues collected on the Alligator Alley, the Sunshine
 1795  Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
 1796  and the Pinellas Bayway to fund transportation projects located
 1797  within the county or counties in which the project is located
 1798  and contained in the adopted work program of the department.
 1799         Section 33. Subsection (5) is added to section 338.227,
 1800  Florida Statutes, to read:
 1801         338.227 Turnpike revenue bonds.—
 1802         (5) Notwithstanding s. 215.82, bonds issued pursuant to
 1803  this section are not required to be validated pursuant to
 1804  chapter 75, but may be validated at the option of the Division
 1805  of Bond Finance. Any complaint for such validation must be filed
 1806  in the circuit court of the county where the seat of state
 1807  government is situated. The notice required to be published by
 1808  s. 75.06 must be published only in the county where the
 1809  complaint is filed. The complaint and order of the circuit court
 1810  shall be served only on the state attorney of the circuit in
 1811  which the action is pending.
 1812         Section 34. Paragraph (c) of subsection (3) of section
 1813  338.231, Florida Statutes, and subsections (5) and (6) of that
 1814  section, are amended to read:
 1815         338.231 Turnpike tolls, fixing; pledge of tolls and other
 1816  revenues.—The department shall at all times fix, adjust, charge,
 1817  and collect such tolls and amounts for the use of the turnpike
 1818  system as are required in order to provide a fund sufficient
 1819  with other revenues of the turnpike system to pay the cost of
 1820  maintaining, improving, repairing, and operating such turnpike
 1821  system; to pay the principal of and interest on all bonds issued
 1822  to finance or refinance any portion of the turnpike system as
 1823  the same become due and payable; and to create reserves for all
 1824  such purposes.
 1825         (3)
 1826         (c) Notwithstanding any other provision of law to the
 1827  contrary, any prepaid toll account of any kind which has
 1828  remained inactive for 10 3 years shall be presumed unclaimed and
 1829  its disposition shall be handled by the Department of Financial
 1830  Services in accordance with all applicable provisions of chapter
 1831  717 relating to the disposition of unclaimed property, and the
 1832  prepaid toll account shall be closed by the department.
 1833         (5) In each fiscal year while any of the bonds of the
 1834  Broward County Expressway Authority series 1984 and series 1986
 1835  A remain outstanding, the department is authorized to pledge
 1836  revenues from the turnpike system to the payment of principal
 1837  and interest of such series of bonds and the operation and
 1838  maintenance expenses of the Sawgrass Expressway, to the extent
 1839  gross toll revenues of the Sawgrass Expressway are insufficient
 1840  to make such payments. The terms of an agreement relative to the
 1841  pledge of turnpike system revenue will be negotiated with the
 1842  parties of the 1984 and 1986 Broward County Expressway Authority
 1843  lease-purchase agreements, and subject to the covenants of those
 1844  agreements. The agreement must establish that the Sawgrass
 1845  Expressway is subject to the planning, management, and operating
 1846  control of the department limited only by the terms of the
 1847  lease-purchase agreements. The department shall provide for the
 1848  payment of operation and maintenance expenses of the Sawgrass
 1849  Expressway until such agreement is in effect. This pledge of
 1850  turnpike system revenues is subordinate to the debt service
 1851  requirements of any future issue of turnpike bonds, the payment
 1852  of turnpike system operation and maintenance expenses, and
 1853  subject to any subsequent resolution or trust indenture relating
 1854  to the issuance of such turnpike bonds.
 1855         (5)(6) The use and disposition of revenues pledged to bonds
 1856  are subject to ss. 338.22-338.241 and such regulations as the
 1857  resolution authorizing the issuance of the bonds or such trust
 1858  agreement may provide.
 1859         Section 35. Paragraph (c) of subsection (7) of section
 1860  339.175, Florida Statutes, is amended to read:
 1861         339.175 Metropolitan planning organization.—
 1862         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
 1863  develop a long-range transportation plan that addresses at least
 1864  a 20-year planning horizon. The plan must include both long
 1865  range and short-range strategies and must comply with all other
 1866  state and federal requirements. The prevailing principles to be
 1867  considered in the long-range transportation plan are: preserving
 1868  the existing transportation infrastructure; enhancing Florida’s
 1869  economic competitiveness; and improving travel choices to ensure
 1870  mobility. The long-range transportation plan must be consistent,
 1871  to the maximum extent feasible, with future land use elements
 1872  and the goals, objectives, and policies of the approved local
 1873  government comprehensive plans of the units of local government
 1874  located within the jurisdiction of the M.P.O. Each M.P.O. is
 1875  encouraged to consider strategies that integrate transportation
 1876  and land use planning to provide for sustainable development and
 1877  reduce greenhouse gas emissions. The approved long-range
 1878  transportation plan must be considered by local governments in
 1879  the development of the transportation elements in local
 1880  government comprehensive plans and any amendments thereto. The
 1881  long-range transportation plan must, at a minimum:
 1882         (c) Assess capital investment and other measures necessary
 1883  to:
 1884         1. Ensure the preservation of the existing metropolitan
 1885  transportation system including requirements for the operation,
 1886  resurfacing, restoration, and rehabilitation of major roadways
 1887  and requirements for the operation, maintenance, modernization,
 1888  and rehabilitation of public transportation facilities; and
 1889         2. Make the most efficient use of existing transportation
 1890  facilities to relieve vehicular congestion, improve safety, and
 1891  maximize the mobility of people and goods. Such efforts shall
 1892  include, but not be limited to, consideration of infrastructure
 1893  and technological improvements necessary to accommodate advances
 1894  in vehicle technology, such as autonomous vehicle technology and
 1895  other developments.
 1896  
 1897  In the development of its long-range transportation plan, each
 1898  M.P.O. must provide the public, affected public agencies,
 1899  representatives of transportation agency employees, freight
 1900  shippers, providers of freight transportation services, private
 1901  providers of transportation, representatives of users of public
 1902  transit, and other interested parties with a reasonable
 1903  opportunity to comment on the long-range transportation plan.
 1904  The long-range transportation plan must be approved by the
 1905  M.P.O.
 1906         Section 36. Paragraph (c) is added to subsection (3) of
 1907  section 339.64, Florida Statutes, and paragraph (a) of
 1908  subsection (4) of that section is amended, to read:
 1909         339.64 Strategic Intermodal System Plan.—
 1910         (3)
 1911         (c) The department also shall coordinate with federal,
 1912  regional, and local partners, as well as industry
 1913  representatives, to consider infrastructure and technological
 1914  improvements necessary to accommodate advances in vehicle
 1915  technology, such as autonomous vehicle technology and other
 1916  developments, in Strategic Intermodal System facilities.
 1917         (4) The Strategic Intermodal System Plan shall include the
 1918  following:
 1919         (a) A needs assessment. Such assessment shall include, but
 1920  not be limited to, consideration of infrastructure and
 1921  technological improvements necessary to accommodate advances in
 1922  vehicle technology, such as autonomous vehicle technology and
 1923  other developments.
 1924         Section 37. Section 339.81, Florida Statutes, is created to
 1925  read:
 1926         339.81 Florida Shared-Use Nonmotorized Trail Network.—
 1927         (1) The Legislature finds that increasing demands continue
 1928  to be placed on the state’s transportation system by a growing
 1929  economy, continued population growth, and increasing tourism.
 1930  The Legislature also finds that significant challenges exist in
 1931  providing additional capacity to the conventional transportation
 1932  system and will require enhanced accommodation of alternative
 1933  travel modes to meet the needs of residents and visitors. The
 1934  Legislature further finds that improving bicyclist and
 1935  pedestrian safety for both residents and visitors remains a high
 1936  priority. Therefore, the Legislature declares that the
 1937  development of a nonmotorized trail network will increase
 1938  mobility and recreational alternatives for residents and
 1939  visitors of this state, enhance economic prosperity, enrich
 1940  quality of life, enhance safety, and reflect responsible
 1941  environmental stewardship. To that end, it is the intent of the
 1942  Legislature that the department make use of its expertise in
 1943  efficiently providing transportation projects to develop the
 1944  Florida Shared-Use Nonmotorized Trail Network, consisting of a
 1945  statewide network of nonmotorized trails which allows
 1946  nonmotorized vehicles and pedestrians to access a variety of
 1947  origins and destinations with limited exposure to motorized
 1948  vehicles.
 1949         (2) The Florida Shared-Use Nonmotorized Trail Network is
 1950  created as a component of the Florida Greenways and Trails
 1951  System established in chapter 260. The statewide network
 1952  consists of multiuse trails or shared-use paths physically
 1953  separated from motor vehicle traffic and constructed with
 1954  asphalt, concrete, or another hard surface which, by virtue of
 1955  design, location, extent of connectivity or potential
 1956  connectivity, and allowable uses, provides nonmotorized
 1957  transportation opportunities for bicyclists and pedestrians
 1958  statewide between and within a wide range of points of origin
 1959  and destinations, including, but not limited to, communities,
 1960  conservation areas, state parks, beaches, and other natural or
 1961  cultural attractions for a variety of trip purposes, including
 1962  work, school, shopping, and other personal business, as well as
 1963  social, recreational, and personal fitness purposes.
 1964         (3) Network components do not include sidewalks, nature
 1965  trails, loop trails wholly within a single park or natural area,
 1966  or on-road facilities, such as bicycle lanes or routes other
 1967  than:
 1968         (a) On-road facilities that are no longer than one-half
 1969  mile connecting two or more nonmotorized trails, if the
 1970  provision of a non-motorized trail without the use of the on
 1971  road facility is not feasible, and if such on-road facilities
 1972  are signed and marked for nonmotorized use; or
 1973         (b) On-road components of the Florida Keys Overseas
 1974  Heritage Trail.
 1975         (4) The planning, development, operation, and maintenance
 1976  of the Florida Shared-Use Nonmotorized Trail Network is declared
 1977  to be a public purpose, and the department, together with other
 1978  agencies of this state and all counties, municipalities, and
 1979  special districts of this state, may spend public funds for such
 1980  purposes and accept gifts and grants of funds, property, or
 1981  property rights from public or private sources to be used for
 1982  such purposes.
 1983         (5) The department shall include the Florida Shared-Use
 1984  Nonmotorized Trail Network in its work program developed
 1985  pursuant to s. 339.135. For purposes of funding and maintaining
 1986  projects within the network, the department shall allocate in
 1987  its program and resource plan a minimum of $50 million annually,
 1988  beginning in the 2015-2016 fiscal year.
 1989         (6) The department may enter into a memorandum of agreement
 1990  with a local government or other agency of the state to transfer
 1991  maintenance responsibilities of an individual network component.
 1992  The department may contract with a not-for-profit entity or
 1993  private sector business or entity to provide maintenance
 1994  services on an individual network component.
 1995         (7) The department may adopt rules to aid in the
 1996  development and maintenance of components of the network.
 1997         Section 38. Section 339.82, Florida Statutes, is created to
 1998  read:
 1999         339.82 Shared-Use Nonmotorized Trail Network Plan.—
 2000         (1) The department shall develop a Shared-Use Nonmotorized
 2001  Trail Network Plan in coordination with the Department of
 2002  Environmental Protection, metropolitan planning organizations,
 2003  affected local governments and public agencies, and the Florida
 2004  Greenways and Trails Council. The plan must be consistent with
 2005  the Florida Greenways and Trails Plan developed under s. 260.014
 2006  and must be updated at least once every 5 years.
 2007         (2) The Shared-Use Nonmotorized Trail Network Plan must
 2008  include all of the following:
 2009         (a) A needs assessment, including, but not limited to, a
 2010  comprehensive inventory and analysis of existing trails that may
 2011  be considered for inclusion in the Shared-Use Nonmotorized Trail
 2012  Network.
 2013         (b) A project prioritization process that includes
 2014  assigning funding priority to projects that:
 2015         1. Are identified by the Florida Greenways and Trails
 2016  Council as a priority within the Florida Greenways and Trails
 2017  System under chapter 260;
 2018         2. Facilitate an interconnected network of trails by
 2019  completing gaps between existing facilities; and
 2020         3. Maximize use of federal, local, and private funding and
 2021  support mechanisms, including, but not limited to, donation of
 2022  funds, real property, and maintenance responsibilities.
 2023         (c) A map illustrating existing and planned facilities and
 2024  identifying critical gaps between facilities.
 2025         (d) A finance plan based on reasonable projections of
 2026  anticipated revenues, including both 5-year and 10-year cost
 2027  feasible components.
 2028         (e) Performance measures that include quantifiable
 2029  increases in trail network access and connectivity.
 2030         (f) A timeline for the completion of the base network using
 2031  new and existing data from the department, the Department of
 2032  Environmental Protection, and other sources.
 2033         (g) A marketing plan prepared in consultation with the
 2034  Florida Tourism Industry Marketing Corporation.
 2035         Section 39. Section 339.83, Florida Statutes, is created to
 2036  read:
 2037         339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
 2038         (1) The department may enter into a concession agreement
 2039  with a not-for-profit entity or private sector business or
 2040  entity for commercial sponsorship signs, pavement markings, and
 2041  exhibits on nonmotorized trails and related facilities
 2042  constructed as part of the Shared-Use Nonmotorized Trail
 2043  Network. The concession agreement may also provide for
 2044  recognition of trail sponsors in any brochure, map, or website
 2045  providing trail information. Trail websites may provide links to
 2046  sponsors. Revenue from such agreements may be used for the
 2047  maintenance of the nonmotorized trails and related facilities.
 2048         (a) A concession agreement shall be administered by the
 2049  department.
 2050         (b)1. Signage, pavement markings, or exhibits erected
 2051  pursuant to this section must comply with s. 337.407 and chapter
 2052  479 and are limited as follows:
 2053         a. One large sign, pavement marking, or exhibit, not to
 2054  exceed 16 square feet in area, may be located at each trailhead
 2055  or parking area.
 2056         b. One small sign, pavement marking, or exhibit, not to
 2057  exceed 4 square feet in area, may be located at each designated
 2058  trail public access point where parking is not provided.
 2059         c. Pavement markings denoting specified distances must be
 2060  located at least 1 mile apart.
 2061         2. Before installation, each sign, pavement marking, or
 2062  exhibit must be approved by the department.
 2063         3. The department shall ensure that the size, color,
 2064  materials, construction, and location of all signs, pavement
 2065  markings, and exhibits are consistent with the management plan
 2066  for the property and the standards of the department, do not
 2067  intrude on natural and historic settings, and contain a logo
 2068  selected by the sponsor and the following sponsorship wording:
 2069  
 2070         ...(Name of the sponsor)... proudly sponsors the costs
 2071         of maintaining the ...(Name of the greenway or
 2072         trail)....
 2073  
 2074         4. Exhibits may provide additional information and
 2075  materials including, but not limited to, maps and brochures for
 2076  trail user services related or proximate to the trail. Pavement
 2077  markings may display mile marker information.
 2078         5. The costs of a sign, pavement marking, or exhibit,
 2079  including development, construction, installation, operation,
 2080  maintenance, and removal costs, shall be paid by the
 2081  concessionaire.
 2082         (c) A concession agreement shall be for a minimum of 1
 2083  year, but may be for a longer period under a multiyear
 2084  agreement, and may be terminated for just cause by the
 2085  department upon 60 days’ advance notice. Just cause for
 2086  termination of a concession agreement includes, but is not
 2087  limited to, violation of the terms of the concession agreement
 2088  or this section.
 2089         (2) Pursuant to s. 287.057, the department may contract for
 2090  the provision of services related to the trail sponsorship
 2091  program, including recruitment and qualification of businesses,
 2092  review of applications, permit issuance, and fabrication,
 2093  installation, and maintenance of signs, pavement markings, and
 2094  exhibits. The department may reject all proposals and seek
 2095  another request for proposals or otherwise perform the work. The
 2096  contract may allow the contractor to retain a portion of the
 2097  annual fees as compensation for its services.
 2098         (3) This section does not create a proprietary or
 2099  compensable interest in any sponsorship site or location for any
 2100  permittee, and the department may terminate permits or change
 2101  locations of sponsorship sites as it determines necessary for
 2102  construction or improvement of facilities.
 2103         (4) The department may adopt rules to establish
 2104  requirements for qualification of businesses, qualification and
 2105  location of sponsorship sites, and permit applications and
 2106  processing. The department may adopt rules to establish other
 2107  criteria necessary to implement this section and to provide for
 2108  variances when necessary to serve the interest of the public or
 2109  when required to ensure equitable treatment of program
 2110  participants.
 2111         Section 40. (1)The Office of Economic and Demographic
 2112  Research shall evaluate and determine the economic benefits, as
 2113  defined in s. 288.005(1), Florida Statutes, of the state’s
 2114  investment in the Department of Transportation’s adopted work
 2115  program developed in accordance with s. 339.135(5), Florida
 2116  Statutes, for fiscal year 2015-2016, including the following 4
 2117  fiscal years. At a minimum, a separate return on investment
 2118  shall be projected for each of the following areas:
 2119         (a) Roads and highways;
 2120         (b) Rails;
 2121         (c) Public transit;
 2122         (d) Aviation; and
 2123         (e) Seaports.
 2124  
 2125  The analysis is limited to the funding anticipated by the
 2126  adopted work program, but may address the continuing economic
 2127  impact for those transportation projects in the 5 years beyond
 2128  the conclusion of the adopted work program. The analysis must
 2129  also evaluate the number of jobs created, the increase or
 2130  decrease in personal income, and the impact on gross domestic
 2131  product from the direct, indirect, and induced effects on the
 2132  state’s investment in each area.
 2133         (2) The Department of Transportation and each of its
 2134  district offices shall provide the Office of Economic and
 2135  Demographic Research full access to all data necessary to
 2136  complete the analysis, including any confidential data.
 2137         (3) The Office of Economic and Demographic Research shall
 2138  submit the analysis to the President of the Senate and the
 2139  Speaker of the House of Representatives by January 1, 2016.
 2140         Section 41. Section 341.0532, Florida Statutes, is
 2141  repealed.
 2142         Section 42.The Division of Law Revision and Information is
 2143  directed to create chapter 345, Florida Statutes, consisting of
 2144  ss. 345.0001-345.0014, Florida Statutes, to be entitled the
 2145  “Northwest Florida Regional Transportation Finance Authority.”
 2146         Section 43. Section 345.0001, Florida Statutes, is created
 2147  to read:
 2148         345.0001 Short title.—This act may be cited as the
 2149  “Northwest Florida Regional Transportation Finance Authority
 2150  Act.”
 2151         Section 44. Section 345.0002, Florida Statutes, is created
 2152  to read:
 2153         345.0002 Definitions.—As used in this chapter, the term:
 2154         (1)“Agency of the state” means the state and any
 2155  department of, or any corporation, agency, or instrumentality
 2156  created, designated, or established by, the state.
 2157         (2)“Area served” means Escambia County. However, upon a
 2158  contiguous county’s consent to inclusion within the area served
 2159  by the authority and with the agreement of the authority, the
 2160  term shall also include the geographical area of such county
 2161  contiguous to Escambia County.
 2162         (3)“Authority” means the Northwest Florida Regional
 2163  Transportation Finance Authority, a body politic and corporate,
 2164  and an agency of the state, established under this chapter.
 2165         (4)“Bonds” means the notes, bonds, refunding bonds, or
 2166  other evidences of indebtedness or obligations, in temporary or
 2167  definitive form, which the authority may issue under this
 2168  chapter.
 2169         (5)“Department” means the Department of Transportation.
 2170         (6)“Division” means the Division of Bond Finance of the
 2171  State Board of Administration.
 2172         (7)“Federal agency” means the United States, the President
 2173  of the United States, and any department of, or any bureau,
 2174  corporation, agency, or instrumentality created, designated, or
 2175  established by, the United States Government.
 2176         (8)“Members” means the governing body of the authority,
 2177  and the term “member” means one of the individuals constituting
 2178  such governing body.
 2179         (9)“Regional system” or “system” means, generally, a
 2180  modern system of roads, bridges, causeways, tunnels, and mass
 2181  transit services within the area of the authority, with access
 2182  limited or unlimited as the authority may determine, and the
 2183  buildings and structures and appurtenances and facilities
 2184  related to the system, including all approaches, streets, roads,
 2185  bridges, and avenues of access for the system.
 2186         (10)“Revenues” means the tolls, revenues, rates, fees,
 2187  charges, receipts, rentals, contributions, and other income
 2188  derived from or in connection with the operation or ownership of
 2189  a regional system, including the proceeds of any use and
 2190  occupancy insurance on any portion of the system, but excluding
 2191  state funds available to the authority and any other municipal
 2192  or county funds available to the authority under an agreement
 2193  with a municipality or county.
 2194         Section 45. Section 18. Section 345.0003, Florida Statutes,
 2195  is created to read:
 2196         345.0003 Regional transportation finance authority
 2197  formation and membership.—
 2198         (1) Escambia County, alone or together with any consenting
 2199  contiguous county, may form a regional finance authority for the
 2200  purposes of constructing, maintaining, and operating
 2201  transportation projects in the northwest region of this state.
 2202  The authority shall be governed in accordance with this chapter.
 2203  The area served by the authority may not be expanded beyond
 2204  Escambia County without the approval of the county commission of
 2205  each contiguous county that will be a part of the authority.
 2206         (2) The governing body of the authority shall consist of a
 2207  board of voting members as follows:
 2208         (a)The county commission of each county in the area served
 2209  by the authority shall appoint two members. Each member must be
 2210  a resident of the county from which he or she is appointed and,
 2211  if possible, must represent the business and civic interests of
 2212  the community.
 2213         (b)The Governor shall appoint an equal number of members
 2214  to the board as those appointed by the county commissions. The
 2215  members appointed by the Governor must be residents of the area
 2216  served by the authority.
 2217         (c)The district secretary of the department serving in the
 2218  district that includes Escambia County.
 2219         (3) The term of office of each member shall be for 4 years
 2220  or until his or her successor is appointed and qualified.
 2221         (4) A member may not hold an elected office during the term
 2222  of his or her membership.
 2223         (5)A vacancy occurring in the governing body before the
 2224  expiration of the member’s term shall be filled for the
 2225  remainder of the unexpired term by the respective appointing
 2226  authority in the same manner as the original appointment.
 2227         (6)Before entering upon his or her official duties, each
 2228  member must take and subscribe to an oath before an official
 2229  authorized by law to administer oaths that he or she will
 2230  honestly, faithfully, and impartially perform the duties of his
 2231  or her office as a member of the governing body of the authority
 2232  and that he or she will not neglect any duties imposed on him or
 2233  her by this chapter.
 2234         (7) The Governor may remove from office a member of the
 2235  authority for misconduct, malfeasance, misfeasance, or
 2236  nonfeasance in office.
 2237         (8)Members of the authority shall designate a chair from
 2238  among the membership.
 2239         (9)Members of the authority shall serve without
 2240  compensation, but are entitled to reimbursement for per diem and
 2241  other expenses in accordance with s. 112.061 while in
 2242  performance of their official duties.
 2243         (10)A majority of the members of the authority shall
 2244  constitute a quorum, and resolutions enacted or adopted by a
 2245  vote of a majority of the members present and voting at any
 2246  meeting are effective without publication, posting, or any
 2247  further action of the authority.
 2248         Section 46. Section 345.0004, Florida Statutes, is created
 2249  to read:
 2250         345.0004 Powers and duties.—
 2251         (1)The authority shall plan, develop, finance, construct,
 2252  reconstruct, improve, own, operate, and maintain a regional
 2253  system in the area served by the authority. The authority may
 2254  not exercise these powers with respect to an existing system for
 2255  transporting people and goods by any means that is owned by
 2256  another entity without the consent of that entity. If the
 2257  authority acquires, purchases, or inherits an existing entity,
 2258  the authority shall inherit and assume all rights, assets,
 2259  appropriations, privileges, and obligations of the existing
 2260  entity.
 2261         (2)The authority may exercise all powers necessary,
 2262  appurtenant, convenient, or incidental to the carrying out of
 2263  the purposes of this section, including, but not limited to, the
 2264  following rights and powers:
 2265         (a)To sue and be sued, implead and be impleaded, and
 2266  complain and defend in all courts in its own name.
 2267         (b)To adopt and use a corporate seal.
 2268         (c)To have the power of eminent domain, including the
 2269  procedural powers granted under chapters 73 and 74.
 2270         (d)To acquire, purchase, hold, lease as a lessee, and use
 2271  any property, real, personal, or mixed, tangible or intangible,
 2272  or any interest therein, necessary or desirable for carrying out
 2273  the purposes of the authority.
 2274         (e)To sell, convey, exchange, lease, or otherwise dispose
 2275  of any real or personal property acquired by the authority,
 2276  including air rights, which the authority and the department
 2277  have determined is not needed for the construction, operation,
 2278  and maintenance of the system.
 2279         (f)To fix, alter, charge, establish, and collect rates,
 2280  fees, rentals, and other charges for the use of any system owned
 2281  or operated by the authority, which rates, fees, rentals, and
 2282  other charges must be sufficient to comply with any covenants
 2283  made with the holders of any bonds issued under this act. This
 2284  right and power may be assigned or delegated by the authority to
 2285  the department.
 2286         (g)To borrow money; to make and issue negotiable notes,
 2287  bonds, refunding bonds, and other evidences of indebtedness or
 2288  obligations, in temporary or definitive form, to finance all or
 2289  part of the improvement of the authority’s system and
 2290  appurtenant facilities, including the approaches, streets,
 2291  roads, bridges, and avenues of access for the system and for any
 2292  other purpose authorized by this chapter, the bonds to mature no
 2293  more than 30 years after the date of the issuance; to secure the
 2294  payment of such bonds or any part thereof by a pledge of its
 2295  revenues, rates, fees, rentals, or other charges, including
 2296  municipal or county funds received by the authority under an
 2297  agreement between the authority and a municipality or county;
 2298  and, in general, to provide for the security of the bonds and
 2299  the rights and remedies of the holders of the bonds. However,
 2300  municipal or county funds may not be pledged for the
 2301  construction of a project for which a toll is to be charged
 2302  unless the anticipated tolls are reasonably estimated by the
 2303  governing board of the municipality or county, on the date of
 2304  its resolution pledging the funds, to be sufficient to cover the
 2305  principal and interest of such obligations during the period
 2306  when the pledge of funds is in effect.
 2307         1.The authority shall reimburse a municipality or county
 2308  for sums spent from municipal or county funds used for the
 2309  payment of the bond obligations.
 2310         2.If the authority elects to fund or refund bonds issued
 2311  by the authority before the maturity of the bonds, the proceeds
 2312  of the funding or refunding bonds, pending the prior redemption
 2313  of the bonds to be funded or refunded, shall be invested in
 2314  direct obligations of the United States, and the outstanding
 2315  bonds may be funded or refunded by the issuance of bonds under
 2316  this chapter.
 2317         (h)To make contracts of every name and nature, including,
 2318  but not limited to, partnerships providing for participation in
 2319  ownership and revenues, and to execute each instrument necessary
 2320  or convenient for the conduct of its business.
 2321         (i)Without limitation of the foregoing, to cooperate with,
 2322  to accept grants from, and to enter into contracts or other
 2323  transactions with any federal agency, the state, or any agency
 2324  or any other public body of the state.
 2325         (j)To employ an executive director, attorney, staff, and
 2326  consultants. Upon the request of the authority, the department
 2327  shall furnish the services of a department employee to act as
 2328  the executive director of the authority.
 2329         (k)To accept funds or other property from private
 2330  donations.
 2331         (l)To act and do things necessary or convenient for the
 2332  conduct of its business and the general welfare of the
 2333  authority, in order to carry out the powers granted to it by
 2334  this act or any other law.
 2335         (3)The authority may not pledge the credit or taxing power
 2336  of the state or a political subdivision or agency of the state.
 2337  Obligations of the authority may not be considered to be
 2338  obligations of the state or of any other political subdivision
 2339  or agency of the state. Except for the authority, the state or
 2340  any political subdivision or agency of the state is not liable
 2341  for the payment of the principal of or interest on such
 2342  obligations.
 2343         (4)The authority may not, other than by consent of the
 2344  affected county or an affected municipality, enter into an
 2345  agreement that would legally prohibit the construction of a road
 2346  by the county or the municipality.
 2347         (5)The authority shall comply with the statutory
 2348  requirements of general application which relate to the filing
 2349  of a report or documentation required by law, including the
 2350  requirements of ss. 189.015, 189.016, 189.051, and 189.08.
 2351         Section 47. Section 345.0005, Florida Statutes, is created
 2352  to read:
 2353         345.0005 Bonds.—
 2354         (1)Bonds may be issued on behalf of the authority pursuant
 2355  to the State Bond Act in such principal amount as the authority
 2356  determines is necessary to achieve its corporate purposes,
 2357  including construction, reconstruction, improvement, extension,
 2358  and repair of the regional system; the acquisition cost of real
 2359  property; interest on bonds during construction and for a
 2360  reasonable period thereafter; and establishment of reserves to
 2361  secure bonds.
 2362         (2) Bonds issued on behalf of the authority under
 2363  subsection (1) must:
 2364         (a)Be authorized by resolution of the members of the
 2365  authority and bear such date or dates; mature at such time or
 2366  times not exceeding 30 years after their respective dates; bear
 2367  interest at a rate or rates not exceeding the maximum rate fixed
 2368  by general law for authorities; be in such denominations; be in
 2369  such form, either coupon or fully registered; carry such
 2370  registration, exchangeability, and interchangeability
 2371  privileges; be payable in such medium of payment and at such
 2372  place or places; be subject to such terms of redemption; and be
 2373  entitled to such priorities of lien on the revenues and other
 2374  available moneys as such resolution or any resolution after the
 2375  bonds’ issuance provides.
 2376         (b)Be sold at public sale in the manner provided in the
 2377  State Bond Act. Temporary bonds or interim certificates may be
 2378  issued to the purchaser or purchasers of such bonds pending the
 2379  preparation of definitive bonds and may contain such terms and
 2380  conditions as determined by the authority.
 2381         (3)A resolution that authorizes bonds may specify
 2382  provisions that must be part of the contract with the holders of
 2383  the bonds as to:
 2384         (a)The pledging of all or any part of the revenues,
 2385  available municipal or county funds, or other charges or
 2386  receipts of the authority derived from the regional system.
 2387         (b)The construction, reconstruction, improvement,
 2388  extension, repair, maintenance, and operation of the system, or
 2389  any part or parts of the system, and the duties and obligations
 2390  of the authority with reference thereto.
 2391         (c)Limitations on the purposes to which the proceeds of
 2392  the bonds, then or thereafter issued, or of any loan or grant by
 2393  any federal agency or the state or any political subdivision of
 2394  the state may be applied.
 2395         (d)The fixing, charging, establishing, revising,
 2396  increasing, reducing, and collecting of tolls, rates, fees,
 2397  rentals, or other charges for use of the services and facilities
 2398  of the system or any part of the system.
 2399         (e)The setting aside of reserves or sinking funds and the
 2400  regulation and disposition of such reserves or sinking funds.
 2401         (f)Limitations on the issuance of additional bonds.
 2402         (g)The terms of any deed of trust or indenture securing
 2403  the bonds, or under which the bonds may be issued.
 2404         (h)Any other or additional matters, of like or different
 2405  character, which in any way affect the security or protection of
 2406  the bonds.
 2407         (4)The authority may enter into deeds of trust,
 2408  indentures, or other agreements with banks or trust companies
 2409  within or without the state, as security for such bonds, and
 2410  may, under such agreements, assign and pledge any of the
 2411  revenues and other available moneys, including any available
 2412  municipal or county funds, under the terms of this chapter. The
 2413  deed of trust, indenture, or other agreement may contain
 2414  provisions that are customary in such instruments or that the
 2415  authority may authorize, including, but without limitation,
 2416  provisions that:
 2417         (a)Pledge any part of the revenues or other moneys
 2418  lawfully available.
 2419         (b)Apply funds and safeguard funds on hand or on deposit.
 2420         (c)Provide for the rights and remedies of the trustee and
 2421  the holders of the bonds.
 2422         (d)Provide for the terms of the bonds or for resolutions
 2423  authorizing the issuance of the bonds.
 2424         (e)Provide for any additional matters, of like or
 2425  different character, which affect the security or protection of
 2426  the bonds.
 2427         (5)Bonds issued under this act are negotiable instruments
 2428  and have the qualities and incidents of negotiable instruments
 2429  under the law merchant and the negotiable instruments law of the
 2430  state.
 2431         (6) A resolution that authorizes the issuance of authority
 2432  bonds and pledges the revenues of the system must require that
 2433  revenues of the system be periodically deposited into
 2434  appropriate accounts in sufficient sums to pay the costs of
 2435  operation and maintenance of the system for the current fiscal
 2436  year as set forth in the annual budget of the authority and to
 2437  reimburse the department for any unreimbursed costs of operation
 2438  and maintenance of the system from prior fiscal years before
 2439  revenues of the system are deposited into accounts for the
 2440  payment of interest or principal owing or that may become owing
 2441  on such bonds.
 2442         (7) State funds may not be used or pledged to pay the
 2443  principal of or interest on any authority bonds, and all such
 2444  bonds must contain a statement on their face to this effect.
 2445         Section 48. Section 345.0006, Florida Statutes, is created
 2446  to read:
 2447         345.0006 Remedies of bondholders.—
 2448         (1)The rights and the remedies granted to authority
 2449  bondholders under this chapter are in addition to and not in
 2450  limitation of any rights and remedies lawfully granted to such
 2451  bondholders by the resolution or indenture providing for the
 2452  issuance of bonds, or by any deed of trust, indenture, or other
 2453  agreement under which the bonds may be issued or secured. If the
 2454  authority defaults in the payment of the principal or interest
 2455  on the bonds issued under this chapter after such principal or
 2456  interest becomes due, whether at maturity or upon call for
 2457  redemption, as provided in the resolution or indenture, and such
 2458  default continues for 30 days, or if the authority fails or
 2459  refuses to comply with this chapter or any agreement made with,
 2460  or for the benefit of, the holders of the bonds, the holders of
 2461  25 percent in aggregate principal amount of the bonds then
 2462  outstanding are entitled as of right to the appointment of a
 2463  trustee to represent such bondholders for the purposes of the
 2464  default if the holders of 25 percent in aggregate principal
 2465  amount of the bonds then outstanding first give written notice
 2466  to the authority and to the department of their intention to
 2467  appoint a trustee.
 2468         (2)The trustee and a trustee under a deed of trust,
 2469  indenture, or other agreement may, or upon the written request
 2470  of the holders of 25 percent or such other percentages specified
 2471  in any deed of trust, indenture, or other agreement, in
 2472  principal amount of the bonds then outstanding, shall, in any
 2473  court of competent jurisdiction, in its own name:
 2474         (a)By mandamus or other suit, action, or proceeding at
 2475  law, or in equity, enforce all rights of the bondholders,
 2476  including the right to require the authority to fix, establish,
 2477  maintain, collect, and charge rates, fees, rentals, and other
 2478  charges, adequate to carry out any agreement as to, or pledge
 2479  of, the revenues, and to require the authority to carry out any
 2480  other covenants and agreements with or for the benefit of the
 2481  bondholders, and to perform its and their duties under this
 2482  chapter.
 2483         (b)Bring suit upon the bonds.
 2484         (c)By action or suit in equity, require the authority to
 2485  account as if it were the trustee of an express trust for the
 2486  bondholders.
 2487         (d)By action or suit in equity, enjoin any acts or things
 2488  that may be unlawful or in violation of the rights of the
 2489  bondholders.
 2490         (3)A trustee, if appointed under this section or acting
 2491  under a deed of trust, indenture, or other agreement, and
 2492  regardless of whether all bonds have been declared due and
 2493  payable, is entitled to the appointment of a receiver. The
 2494  receiver may enter upon and take possession of the system or the
 2495  facilities or any part or parts of the system, the revenues, and
 2496  other pledged moneys, for and on behalf of and in the name of,
 2497  the authority and the bondholders. The receiver may collect and
 2498  receive revenues and other pledged moneys in the same manner as
 2499  the authority. The receiver shall deposit such revenues and
 2500  moneys in a separate account and apply all such revenues and
 2501  moneys remaining after allowance for payment of all costs of
 2502  operation and maintenance of the system in such manner as the
 2503  court directs. In a suit, action, or proceeding by the trustee,
 2504  the fees, counsel fees, and expenses of the trustee, and the
 2505  receiver, if any, and all costs and disbursements allowed by the
 2506  court must be a first charge on any revenues after payment of
 2507  the costs of operation and maintenance of the system. The
 2508  trustee also has all other powers necessary or appropriate for
 2509  the exercise of any functions specifically described in this
 2510  section or incident to the representation of the bondholders in
 2511  the enforcement and protection of their rights.
 2512         (4)A receiver appointed pursuant to this section to
 2513  operate and maintain the system or a facility or a part of a
 2514  facility may not sell, assign, mortgage, or otherwise dispose of
 2515  any of the assets belonging to the authority. The powers of the
 2516  receiver are limited to the operation and maintenance of the
 2517  system or any facility or part of a facility and to the
 2518  collection and application of revenues and other moneys due the
 2519  authority, in the name and for and on behalf of the authority
 2520  and the bondholders. A holder of bonds or a trustee does not
 2521  have the right in any suit, action, or proceeding, at law or in
 2522  equity, to compel a receiver, or a receiver may not be
 2523  authorized or a court may not direct a receiver, to sell,
 2524  assign, mortgage, or otherwise dispose of any assets of whatever
 2525  kind or character belonging to the authority.
 2526         Section 49. Section 345.0007, Florida Statutes, is created
 2527  to read:
 2528         345.0007 Department to construct, operate, and maintain
 2529  facilities.—
 2530         (1) The department is the agent of the authority for the
 2531  purpose of performing all phases of a project, including, but
 2532  not limited to, constructing improvements and extensions to the
 2533  system, with the exception of the transit facilities. The
 2534  division and the authority shall provide to the department
 2535  complete copies of the documents, agreements, resolutions,
 2536  contracts, and instruments that relate to the project and shall
 2537  request that the department perform the construction work,
 2538  including the planning, surveying, design, and actual
 2539  construction of the completion of, extensions of, and
 2540  improvements to the system. After the issuance of bonds to
 2541  finance construction of an improvement or addition to the
 2542  system, the division and the authority shall transfer to the
 2543  credit of an account of the department in the State Treasury the
 2544  necessary funds for construction. The department shall proceed
 2545  with construction and use the funds for the purpose authorized
 2546  by law for construction of roads and bridges. The authority may
 2547  alternatively, with the consent and approval of the department,
 2548  elect to appoint a local agency certified by the department to
 2549  administer federal aid projects in accordance with federal law
 2550  as the authority’s agent for the purpose of performing each
 2551  phase of a project.
 2552         (2) Notwithstanding subsection (1), the department is the
 2553  agent of the authority for the purpose of operating and
 2554  maintaining the system, with the exception of transit
 2555  facilities. The costs incurred by the department for operation
 2556  and maintenance shall be reimbursed from revenues of the system.
 2557  The appointment of the department as agent for the authority
 2558  does not create an independent obligation on the part of the
 2559  department to operate and maintain a system. The authority shall
 2560  remain obligated as principal to operate and maintain its
 2561  system, and the authority’s bondholders do not have an
 2562  independent right to compel the department to operate or
 2563  maintain the authority’s system.
 2564         (3)The authority shall fix, alter, charge, establish, and
 2565  collect tolls, rates, fees, rentals, and other charges for the
 2566  authority’s facilities, as otherwise provided in this chapter.
 2567         Section 50. Section 345.0008, Florida Statutes, is created
 2568  to read:
 2569         345.0008 Department contributions to authority projects.—
 2570         (1)Subject to appropriation by the Legislature, the
 2571  department may, at the request of the authority, pay all or part
 2572  of the cost of financial, engineering, or traffic feasibility
 2573  studies or of the design, financing, acquisition, or
 2574  construction of an authority project or portion of the system
 2575  that is included in the 10-year Strategic Intermodal Plan.
 2576         (a)Pursuant to chapter 216, the department shall include
 2577  funding for such payments in its legislative budget request. The
 2578  request for funding may be included in the 5-year Tentative Work
 2579  Program developed under s. 339.135; however, it must appear as a
 2580  distinct funding item in the legislative budget request and must
 2581  be supported by a financial feasibility test provided by the
 2582  department.
 2583         (b) Funding provided for authority projects shall appear in
 2584  the General Appropriations Act as a distinct fixed capital
 2585  outlay item and must clearly identify the related authority
 2586  project.
 2587         (c) The department may not make a budget request to fund
 2588  the acquisition or construction of a proposed authority project
 2589  unless the estimated net revenues of the proposed project will
 2590  be sufficient to pay at least 50 percent of the annual debt
 2591  service on the bonds associated with the project by the end of
 2592  12 years of operation and at least 100 percent of the debt
 2593  service on the bonds by the end of 30 years of operation.
 2594         (2) The department may use its engineers and other
 2595  personnel, including consulting engineers and traffic engineers,
 2596  to conduct the feasibility studies authorized under subsection
 2597  (1).
 2598         (3) The department may participate in authority-funded
 2599  projects that, at a minimum:
 2600         (a) Serve national, statewide, or regional functions and
 2601  function as part of an integrated regional transportation
 2602  system.
 2603         (b) Are identified in the capital improvements element of a
 2604  comprehensive plan that has been determined to be in compliance
 2605  with part II of chapter 163. Further, the project shall be in
 2606  compliance with local government comprehensive plan policies
 2607  relative to corridor management.
 2608         (c) Are consistent with the Strategic Intermodal System
 2609  Plan developed under s. 339.64.
 2610         (d) Have a commitment for local, regional, or private
 2611  financial matching funds as a percentage of the overall project
 2612  cost.
 2613         (4) Before approval, the department must determine that the
 2614  proposed project:
 2615         (a) Is in the public’s best interest;
 2616         (b) Does not require state funding, unless the project is
 2617  on the State Highway System;
 2618         (c) Has adequate safeguards in place to ensure that no
 2619  additional costs will be imposed on or service disruptions will
 2620  affect the traveling public and residents of this state if the
 2621  department cancels or defaults on the agreement; and
 2622         (d) Has adequate safeguards in place to ensure that the
 2623  department and the authority have the opportunity to add
 2624  capacity to the proposed project and other transportation
 2625  facilities serving similar origins and destinations.
 2626         (5) An obligation or expense incurred by the department
 2627  under this section is a part of the cost of the authority
 2628  project for which the obligation or expense was incurred. The
 2629  department may require that money contributed by the department
 2630  under this section be repaid from tolls of the project on which
 2631  the money was spent, other revenue of the authority, or other
 2632  sources of funds.
 2633         (6)The department shall receive from the authority a share
 2634  of the authority’s net revenues equal to the ratio of the
 2635  department’s total contributions to the authority under this
 2636  section to the sum of: the department’s total contributions
 2637  under this section; contributions by any local government to the
 2638  cost of revenue-producing authority projects; and the sale
 2639  proceeds of authority bonds after payment of costs of issuance.
 2640  For the purpose of this subsection, the net revenues of the
 2641  authority are determined by deducting from gross revenues the
 2642  payment of debt service, administrative expenses, operations and
 2643  maintenance expenses, and all reserves required to be
 2644  established under any resolution under which authority bonds are
 2645  issued.
 2646         Section 51. Section 345.0009, Florida Statutes, is created
 2647  to read:
 2648         345.0009 Acquisition of lands and property.—
 2649         (1)For the purposes of this chapter, the authority may
 2650  acquire private or public property and property rights,
 2651  including rights of access, air, view, and light, by gift,
 2652  devise, purchase, condemnation by eminent domain proceedings, or
 2653  transfer from another political subdivision of the state, as the
 2654  authority may find necessary for any of the purposes of this
 2655  chapter, including, but not limited to, any lands reasonably
 2656  necessary for securing applicable permits, areas necessary for
 2657  management of access, borrow pits, drainage ditches, water
 2658  retention areas, rest areas, replacement access for landowners
 2659  whose access is impaired due to the construction of a facility,
 2660  and replacement rights-of-way for relocated rail and utility
 2661  facilities; for existing, proposed, or anticipated
 2662  transportation facilities on the system or in a transportation
 2663  corridor designated by the authority; or for the purposes of
 2664  screening, relocation, removal, or disposal of junkyards and
 2665  scrap metal processing facilities. Each authority shall also
 2666  have the power to condemn any material and property necessary
 2667  for such purposes.
 2668         (2)The authority shall exercise the right of eminent
 2669  domain conferred under this section in the manner provided by
 2670  law.
 2671         (3)An authority that acquires property for a
 2672  transportation facility or in a transportation corridor is not
 2673  liable under chapter 376 or chapter 403 for preexisting soil or
 2674  groundwater contamination due solely to its ownership. This
 2675  section does not affect the rights or liabilities of any past or
 2676  future owners of the acquired property or the liability of any
 2677  governmental entity for the results of its actions which create
 2678  or exacerbate a pollution source. The authority and the
 2679  Department of Environmental Protection may enter into
 2680  interagency agreements for the performance, funding, and
 2681  reimbursement of the investigative and remedial acts necessary
 2682  for property acquired by the authority.
 2683         Section 52. Section 345.001, Florida Statutes, is created
 2684  to read:
 2685         345.001 Cooperation with other units, boards, agencies, and
 2686  individuals.—A county, municipality, drainage district, road and
 2687  bridge district, school district, or any other political
 2688  subdivision, board, commission, or individual in, or of, the
 2689  state may make and enter into a contract, lease, conveyance,
 2690  partnership, or other agreement with the authority which
 2691  complies with this chapter. The authority may make and enter
 2692  into contracts, leases, conveyances, partnerships, and other
 2693  agreements with any political subdivision, agency, or
 2694  instrumentality of the state and any federal agency,
 2695  corporation, or individual to carry out the purposes of this
 2696  chapter.
 2697         Section 53. Section 345.0011, Florida Statutes, is created
 2698  to read:
 2699         345.0011 Covenant of the state.—The state pledges to, and
 2700  agrees with, any person, firm, or corporation, or federal or
 2701  state agency subscribing to or acquiring the bonds to be issued
 2702  by the authority for the purposes of this chapter that the state
 2703  will not limit or alter the rights vested by this chapter in the
 2704  authority and the department until all bonds at any time issued,
 2705  together with the interest thereon, are fully paid and
 2706  discharged insofar as the rights vested in the authority and the
 2707  department affect the rights of the holders of bonds issued
 2708  under this chapter. The state further pledges to, and agrees
 2709  with, the United States that if a federal agency constructs or
 2710  contributes any funds for the completion, extension, or
 2711  improvement of the system, or any parts of the system, the state
 2712  will not alter or limit the rights and powers of the authority
 2713  and the department in any manner that is inconsistent with the
 2714  continued maintenance and operation of the system or the
 2715  completion, extension, or improvement of the system, or that
 2716  would be inconsistent with the due performance of any agreements
 2717  between the authority and any such federal agency, and the
 2718  authority and the department shall continue to have and may
 2719  exercise all powers granted in this section, so long as the
 2720  powers are necessary or desirable to carry out the purposes of
 2721  this chapter and the purposes of the United States in the
 2722  completion, extension, or improvement of the system, or any part
 2723  of the system.
 2724         Section 54. Section 345.0012, Florida Statutes, is created
 2725  to read:
 2726         345.0012 Exemption from taxation.—The authority created
 2727  under this chapter is for the benefit of the people of the
 2728  state, for the increase of their commerce and prosperity, and
 2729  for the improvement of their health and living conditions. The
 2730  authority performs essential governmental functions under this
 2731  chapter, therefore, the authority is not required to pay any
 2732  taxes or assessments of any kind or nature upon any property
 2733  acquired or used by it for such purposes, or upon any rates,
 2734  fees, rentals, receipts, income, or charges received by it.
 2735  Also, the bonds issued by the authority, their transfer and the
 2736  income from their issuance, including any profits made on the
 2737  sale of the bonds, shall be free from taxation by the state or
 2738  by any political subdivision, taxing agency, or instrumentality
 2739  of the state. The exemption granted by this section does not
 2740  apply to any tax imposed by chapter 220 on interest, income, or
 2741  profits on debt obligations owned by corporations.
 2742         Section 55. Section 345.0013, Florida Statutes, is created
 2743  to read:
 2744         345.0013 Eligibility for investments and security.—Bonds or
 2745  other obligations issued under this chapter are legal
 2746  investments for banks, savings banks, trustees, executors,
 2747  administrators, and all other fiduciaries, and for all state,
 2748  municipal, and other public funds, and are also securities
 2749  eligible for deposit as security for all state, municipal, or
 2750  other public funds, notwithstanding any other law to the
 2751  contrary.
 2752         Section 56. Section 345.0014, Florida Statutes, is created
 2753  to read:
 2754         345.0014 Applicability.—
 2755         (1)The powers conferred by this chapter are in addition to
 2756  the powers conferred by other laws and do not repeal any other
 2757  general or special law or local ordinance, but supplement them,
 2758  and provide a complete method for the exercise of the powers
 2759  granted in this chapter. The extension and improvement of a
 2760  system, and the issuance of bonds under this chapter to finance
 2761  all or part of the cost of such extension or improvement, may be
 2762  accomplished through compliance with this chapter without regard
 2763  to or necessity for compliance with the limitations or
 2764  restrictions contained in any other general, special, or local
 2765  law, including, but not limited to, s. 215.821. Approval of any
 2766  bonds issued under this act by the qualified electors or
 2767  qualified electors who are freeholders in the state or in any
 2768  political subdivision of the state is not required for the
 2769  issuance of such bonds under this chapter.
 2770         (2)This act does not repeal, rescind, or modify any other
 2771  law relating to the State Board of Administration, the
 2772  Department of Transportation, or the Division of Bond Finance of
 2773  the State Board of Administration; however, this chapter
 2774  supersedes any other law that is inconsistent with its
 2775  provisions, including, but not limited to, s. 215.821.
 2776         Section 57. (1)LEGISLATIVE FINDINGS AND INTENT.—The
 2777  Legislature recognizes that the existing fuel tax structure used
 2778  to derive revenues for the funding of transportation projects in
 2779  this state will soon be inadequate to meet the state’s needs. To
 2780  address this emerging need, the Legislature directs the Center
 2781  for Urban Transportation Research to establish an extensive
 2782  study on the impact of implementing a system that charges
 2783  drivers based on the vehicle miles traveled as an alternative,
 2784  sustainable source of transportation funding and to establish
 2785  the framework for implementation of a pilot demonstration
 2786  project. The Legislature recognizes that, over time, the current
 2787  fuel tax structure has become less viable as the primary funding
 2788  source for transportation projects. While the fuel tax has
 2789  functioned as a true user fee for decades, significant increases
 2790  in mandated vehicle fuel efficiency and the introduction of
 2791  electric and hybrid vehicles have significantly eroded the
 2792  revenues derived from this tax. The Legislature also recognizes
 2793  that there are legitimate privacy concerns related to a tax
 2794  mechanism that would charge users of the highway system on the
 2795  basis of miles traveled. Other concerns include the cost of
 2796  implementing such a system and institutional issues associated
 2797  with revenue sharing. Therefore, it is the intent of the
 2798  Legislature that this study and demonstration design will, at a
 2799  minimum, address these issues. To accomplish this task, the
 2800  Center for Urban Transportation Research in consultation with
 2801  the Florida Transportation Commission shall establish a project
 2802  advisory board to assist the center in analyzing this
 2803  alternative funding concept and in developing specific elements
 2804  of the pilot project that will demonstrate the feasibility of
 2805  transitioning Florida to a transportation funding system based
 2806  on vehicle miles traveled.
 2807         (2)VEHICLE-MILES-TRAVELED STUDY.—The Center for Urban
 2808  Transportation Research shall conduct a study on the viability
 2809  of implementing a system in this state which charges drivers
 2810  based on their vehicle miles traveled as an alternative to the
 2811  present fuel tax structure to fund transportation projects. The
 2812  study will inventory previous research and findings from pilot
 2813  projects being conducted in other states. The study will address
 2814  at a minimum previous work conducted in these broad areas:
 2815  assessment of technologies; behavioral and privacy concerns;
 2816  equity impacts; and policy implications of a vehicle miles
 2817  traveled road charging system. The effort will also quantify the
 2818  current costs to collect traditional highway user fees. This
 2819  study will synthesize findings of completed research and
 2820  demonstrations in the area of vehicle-miles-traveled charges and
 2821  analyze their applicability to Florida. The Center for Urban
 2822  Transportation Research shall present the findings of this study
 2823  phase to the Legislature no later than January 30, 2016.
 2824         (3)VEHICLE-MILES-TRAVELED PILOT PROJECT DESIGN.—
 2825         (a)In the course of the study, the Center for Urban
 2826  Transportation Research in consultation with the Florida
 2827  Transportation Commission shall establish the framework for a
 2828  pilot project that will evaluate the feasibility of implementing
 2829  a system that charges drivers based on their vehicle miles
 2830  traveled.
 2831         (b)In the design of the pilot project framework, the
 2832  Center for Urban Transportation Research shall address at a
 2833  minimum these elements: the geographic location for the pilot;
 2834  special fleets or classes of vehicles; evaluation criteria for
 2835  the demonstration; consumer choice in the method of reporting
 2836  miles traveled; privacy options for participants in the pilot
 2837  project; the recording of miles traveled with and without
 2838  locational information; records retention and destruction; and
 2839  cyber security.
 2840         (c) Contingent upon legislative appropriation, the Center
 2841  for Urban Transportation Research may expend up to $400,000 for
 2842  the study and pilot project design.
 2843         (d) The pilot project design shall be completed no later
 2844  than December 31, 2016, and submitted in a report to the
 2845  Legislature so that implementation of a pilot project can occur
 2846  in 2017.
 2847         Section 58. For the purpose of incorporating the amendment
 2848  made by this act to section 333.01, Florida Statutes, in a
 2849  reference thereto, subsection (6) of section 350.81, Florida
 2850  Statutes, is reenacted to read:
 2851         350.81 Communications services offered by governmental
 2852  entities.—
 2853         (6) To ensure the safe and secure transportation of
 2854  passengers and freight through an airport facility, as defined
 2855  in s. 159.27(17), an airport authority or other governmental
 2856  entity that provides or is proposing to provide communications
 2857  services only within the boundaries of its airport layout plan,
 2858  as defined in s. 333.01(6), to subscribers which are integral
 2859  and essential to the safe and secure transportation of
 2860  passengers and freight through the airport facility, is exempt
 2861  from this section. An airport authority or other governmental
 2862  entity that provides or is proposing to provide shared-tenant
 2863  service under s. 364.339, but not dial tone enabling subscribers
 2864  to complete calls outside the airport layout plan, to one or
 2865  more subscribers within its airport layout plan which are not
 2866  integral and essential to the safe and secure transportation of
 2867  passengers and freight through the airport facility is exempt
 2868  from this section. An airport authority or other governmental
 2869  entity that provides or is proposing to provide communications
 2870  services to one or more subscribers within its airport layout
 2871  plan which are not integral and essential to the safe and secure
 2872  transportation of passengers and freight through the airport
 2873  facility, or to one or more subscribers outside its airport
 2874  layout plan, is not exempt from this section. By way of example
 2875  and not limitation, the integral, essential subscribers may
 2876  include airlines and emergency service entities, and the
 2877  nonintegral, nonessential subscribers may include retail shops,
 2878  restaurants, hotels, or rental car companies.
 2879         Section 59. This act shall take effect July 1, 2015.