Florida Senate - 2015                             CS for SB 1554
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-02567-15                                          20151554c1
    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; amending s. 311.07, F.S.; increasing the
   18         minimum amount that shall be made available annually
   19         from the State Transportation Fund to fund the Florida
   20         Seaport Transportation and Economic Development
   21         Program; amending s. 311.09, F.S.; reducing the number
   22         of members of the Florida Seaport Transportation and
   23         Economic Development Council; removing Port Citrus
   24         from the council membership; increasing the amount per
   25         year the department must include in its annual
   26         legislative budget request for the Florida Seaport
   27         Transportation and Economic Development Program;
   28         deleting obsolete language; amending s. 316.003, F.S.;
   29         defining and redefining terms; amending s. 316.0895,
   30         F.S.; providing that provisions prohibiting a driver
   31         from following certain vehicles within a certain
   32         distance do not apply to truck tractor-semitrailer
   33         combinations under certain conditions; providing for
   34         financial responsibility; amending s. 316.130, F.S.;
   35         revising traffic regulations relating to pedestrians
   36         crossing roadways; amending s. 316.303, F.S.;
   37         providing exceptions to the prohibition of certain
   38         television-type receiving equipment and certain
   39         electronic displays in vehicles; amending s. 316.515,
   40         F.S.; extending the allowable length of certain
   41         semitrailers authorized to operate on public roads
   42         under certain conditions; authorizing the Department
   43         of Transportation to permit truck tractor-semitrailer
   44         combinations where the total number of overwidth
   45         deliveries of manufactured buildings may be reduced by
   46         the transport of multiple sections or single units on
   47         an overlength trailer of no more than a specified
   48         length under certain circumstances; amending s.
   49         316.545, F.S.; providing a specified penalty for
   50         commercial motor vehicles that obtain temporary
   51         registration permits entering the state at, or
   52         operating on designated routes to, a port-of-entry
   53         location; amending s. 333.01, F.S.; defining and
   54         redefining terms; amending s. 333.025, F.S.; revising
   55         requirements relating to securing a permit for the
   56         proposed construction or alteration of structures that
   57         would exceed specified federal obstruction standards;
   58         requiring such permits only within an airport hazard
   59         area if the proposed construction is within a set
   60         radius of a certain airport reference point; providing
   61         that existing, planned, and proposed facilities at
   62         public-use airports contained in certain plans or
   63         documents will be protected from structures that
   64         exceed federal obstruction standards; providing that a
   65         permit is not required when political subdivisions
   66         have adopted adequate airport protection zoning
   67         regulations and have established a permitting process,
   68         subject to certain requirements; providing for a
   69         review period by the department to run concurrent with
   70         such permitting process, subject to certain
   71         requirements and exemptions; specifying certain
   72         factors the department shall consider in determining
   73         whether to issue or deny a permit; directing the
   74         department to require an owner of a permitted
   75         obstruction or vegetation to install, operate, and
   76         maintain marking and lighting subject to certain
   77         requirements; prohibiting a permit from being approved
   78         solely on the basis that a proposed structure will not
   79         exceed specified federal obstruction standards;
   80         providing certain administrative review for the denial
   81         of a permit; amending s. 333.03, F.S.; revising the
   82         requirements relating to the adoption of airport
   83         protection zoning regulations by certain political
   84         subdivisions; revising the requirements of such
   85         adopted airport protection zoning regulations;
   86         providing that the department is available to assist
   87         political subdivisions with regard to federal
   88         obstruction standards; revising requirements relating
   89         to airport land use compatibility zoning regulations
   90         that address, at a minimum, landfill locations and
   91         noise contours; requiring adoption of airport zoning
   92         regulations that restrict substantial modifications to
   93         existing incompatible uses within runway protection
   94         zones; requiring that updates and amendments to local
   95         airport zoning codes, rules, and regulations be filed
   96         with the department within a certain time after
   97         adoption; revising requirements relating to
   98         educational structures or sites; providing that a
   99         governing body operating a public-use airport may
  100         establish more restrictive airport protection zoning
  101         regulations for certain purposes; amending s. 333.04,
  102         F.S.; revising provisions relating to comprehensive
  103         plan or policy regulations, including airport
  104         protection zoning regulations under certain
  105         circumstances; amending s. 333.05, F.S.; revising
  106         provisions relating to the procedure for adoption,
  107         amendment, or deletion of airport zoning regulations;
  108         revising provisions relating to airport zoning
  109         commissions; amending s. 333.06, F.S.; revising
  110         provisions relating to airport zoning requirements,
  111         and airport master plans that are prepared by certain
  112         public-use airports; repealing s. 333.065, F.S.,
  113         relating to guidelines regarding land use near
  114         airports; amending s. 333.07, F.S.; revising
  115         provisions relating to permits for use of structures
  116         or vegetation in violation of airport protection
  117         zoning regulations; specifying factors a political
  118         subdivision or its administrative agency must consider
  119         when determining whether to issue or deny a permit;
  120         deleting provisions relating to applying for a
  121         variance from zoning regulations; revising provisions
  122         relating to obstruction marking and lighting
  123         requirements when a political subdivision or its
  124         administrative agency issues a permit; repealing s.
  125         333.08, F.S., relating to appeals in regard to airport
  126         zoning regulations; amending s. 333.09, F.S.;
  127         requiring all airport zoning regulations to provide
  128         for the administration and enforcement of such
  129         regulations by the affected political subdivisions or
  130         an administrative agency created by the subdivisions;
  131         requiring a political subdivision that must adopt
  132         airport zoning regulations to provide a permitting
  133         process subject to certain requirements and
  134         exceptions; providing for an appeals process for
  135         decisions in the administration of airport zoning
  136         regulations, subject to certain requirements;
  137         repealing s. 333.10, F.S., relating to boards of
  138         adjustment provided for by all airport zoning
  139         regulations; amending s. 333.11, F.S.; revising
  140         provisions relating to judicial review for decisions
  141         made by any governing body of a political subdivision,
  142         joint airport zoning board, or administrative agency;
  143         requiring the appellant to exhaust all its remedies
  144         through application for local government permits,
  145         exceptions, and appeals before judicial appeal is
  146         permitted; amending s. 333.12, F.S.; revising
  147         provisions relating to the acquisition of air rights;
  148         providing that a certain political subdivision may
  149         acquire air right, avigation easement, other estate,
  150         or interest in a nonconforming structure or use that
  151         presents an air hazard and cannot be removed, lowered,
  152         or otherwise terminated, subject to certain
  153         requirements; creating s. 333.135, F.S.; requiring
  154         that certain airport zoning regulations be amended to
  155         conform by a certain date; requiring certain political
  156         subdivisions to adopt airport zoning regulations by a
  157         certain date; directing the department to administer
  158         the permitting process for local governments that have
  159         not adopted airport protection zoning regulations;
  160         repealing s. 333.14, F.S., relating to a short title;
  161         amending s. 334.03, F.S.; redefining the term “511” or
  162         “511 services”; deleting the term “interactive voice
  163         response”; amending s. 334.044, F.S.; removing the
  164         provision of interactive voice response telephone
  165         systems accessible via the 511 number that may be
  166         included in traveler information systems; removing a
  167         requirement that applied uniform standards and
  168         criteria for collection and dissemination of traveler
  169         information using interactive voice response systems;
  170         authorizing the department to assume certain
  171         responsibilities under the National Environmental
  172         Policy Act with respect to highway projects within the
  173         state and certain related responsibilities relating to
  174         review or approval of a highway project; authorizing
  175         the department to enter into certain agreements
  176         related to the federal surface transportation project
  177         delivery program under certain federal law;
  178         authorizing the department to adopt implementing
  179         rules; authorizing the department to adopt certain
  180         relevant federal environmental standards; providing a
  181         limited waiver of sovereign immunity to civil suit in
  182         federal court consistent with certain federal law;
  183         amending s. 334.60, F.S.; revising provisions relating
  184         to the 511 traveler information system; amending s.
  185         335.065, F.S.; deleting provisions relating to certain
  186         commercial sponsorship displays on multiuse trails and
  187         related facilities; deleting provisions relating to
  188         funding a statewide system of interconnected multiuse
  189         trails; creating s. 335.21, F.S.; requiring the
  190         governing body of any independent special district
  191         created to regulate the operation of public vehicles
  192         on public highways to consist of a certain number of
  193         members; providing appointment requirements for such
  194         members; providing exceptions; amending s. 338.165,
  195         F.S.; removing an option to issue certain bonds
  196         secured by toll revenues collected on the Beeline-East
  197         Expressway and the Navarre Bridge; amending s.
  198         338.227, F.S.; providing that bonds issued are not
  199         required to be validated pursuant to ch. 75, F.S., but
  200         may be validated at the option of the Division of Bond
  201         Finance; providing filing, notice, and service
  202         requirements relating to complaints for such
  203         validation; amending s. 338.231, F.S.; increasing the
  204         number of years before an inactive prepaid toll
  205         account shall be presumed unclaimed; deleting
  206         provisions relating to using the revenues from the
  207         turnpike system to pay the principal and interest of a
  208         specified series of bonds and certain expenses of the
  209         Sawgrass Expressway; amending s. 339.175, F.S.;
  210         requiring certain long-range transportation plans to
  211         include assessment of capital investment and other
  212         measures necessary to make the most efficient use of
  213         existing transportation facilities to improve safety;
  214         requiring the assessments to include consideration of
  215         infrastructure and technological improvements
  216         necessary to accommodate advances in vehicle
  217         technology; amending s. 339.64, F.S.; requiring the
  218         Department of Transportation to coordinate with
  219         certain partners and industry representatives to
  220         consider infrastructure and technological improvements
  221         necessary to accommodate advances in vehicle
  222         technology in Strategic Intermodal System facilities;
  223         requiring the Strategic Intermodal System Plan to
  224         include a needs assessment regarding such
  225         infrastructure and technological improvements;
  226         creating s. 339.81, F.S.; creating the Florida Shared
  227         Use Nonmotorized Trail Network; specifying the
  228         composition, purpose, and requirements of the network;
  229         authorizing the department certain powers related to
  230         the planning, development, operation, and maintenance
  231         of the network; creating s. 339.82, F.S.; directing
  232         the department to develop a Shared-Use Nonmotorized
  233         Trail Network Plan, subject to certain requirements;
  234         creating s. 339.83, F.S.; creating a trail sponsorship
  235         program, subject to certain requirements and
  236         restrictions; directing the Office of Economic and
  237         Demographic Research to evaluate and determine the
  238         economic benefits of the state’s investment in the
  239         Department of Transportation’s adopted work program
  240         for a certain timeframe, subject to certain
  241         requirements; directing the Department of
  242         Transportation and each of its district offices to
  243         provide the Office of Economic and Demographic
  244         Research full access to certain data; requiring the
  245         Office of Economic and Demographic Research to submit
  246         the analysis to the Legislature by a certain date;
  247         repealing s. 341.0532, F.S., relating to statewide
  248         transportation corridors; providing a directive to the
  249         Division of Law Revision and Information; creating s.
  250         345.0001, F.S.; providing a short title; creating s.
  251         345.0002, F.S.; defining terms; creating s. 345.0003,
  252         F.S.; authorizing certain counties to form the
  253         Northwest Florida Regional Transportation Finance
  254         Authority to construct, maintain, or operate
  255         transportation projects in a given region of the
  256         state; specifying procedural requirements; creating s.
  257         345.0004, F.S.; specifying the powers and duties of
  258         the authority, subject to certain restrictions;
  259         requiring that the authority comply with certain
  260         reporting and documentation requirements; creating s.
  261         345.0005, F.S.; authorizing the issuing of bonds on
  262         behalf of the authority under the State Bond Act and
  263         by the authority itself; specifying requirements and
  264         restrictions for such bonds under certain
  265         circumstances; creating s. 345.0006, F.S.; providing
  266         rights and remedies of bondholders; creating s.
  267         345.0007, F.S.; designating the Department of
  268         Transportation as the agent of the authority for
  269         specified purposes; authorizing the administration and
  270         management of projects by the department; limiting the
  271         powers of the department as an agent; establishing the
  272         fiscal responsibilities of the authority; creating s.
  273         345.0008, F.S.; authorizing the department to provide
  274         for or commit its resources for the authority project
  275         or system, if approved by the Legislature, subject to
  276         legislative budget request procedures and prohibitions
  277         and appropriation procedures; authorizing the payment
  278         of expenses incurred by the department on behalf of
  279         the authority; requiring the department to receive a
  280         share of the revenue from the authority; providing
  281         calculations for disbursement of revenues; creating s.
  282         345.0009, F.S.; authorizing the authority to acquire
  283         private or public property and property rights for a
  284         project or plan; establishing the rights and
  285         liabilities and remedial actions relating to property
  286         acquired for a transportation project or corridor;
  287         creating s. 345.001, F.S.; authorizing contracts
  288         between governmental entities and the authority;
  289         creating s. 345.0011, F.S.; pledging that the state
  290         will not limit or alter the vested rights of the
  291         authority or the department with regard to any issued
  292         bonds or other rights relating to the bonds if such
  293         vested rights affect the rights of bondholders;
  294         creating s. 345.0012, F.S.; exempting the authority
  295         from certain taxes and assessments; providing
  296         exceptions; creating s. 345.0013, F.S.; providing that
  297         bonds or obligations issued under this chapter are
  298         legal investments for specified entities; creating s.
  299         345.0014, F.S.; providing applicability; providing
  300         legislative findings and intent relating to
  301         transportation funding; directing the Center for Urban
  302         Transportation Research to conduct a study on
  303         implementing a system in this state which charges
  304         drivers based on their vehicle miles traveled as an
  305         alternative to the present fuel tax structure to fund
  306         transportation projects; specifying requirements of
  307         the study; requiring that the findings of the study be
  308         presented to the Legislature by a certain date;
  309         directing the center, in consultation with the Florida
  310         Transportation Commission, to establish the framework
  311         for a pilot project that will evaluate the feasibility
  312         of implementing a system that charges drivers based on
  313         their vehicle miles traveled; specifying requirements
  314         for the design of the pilot project framework;
  315         authorizing the center to expend up to a certain
  316         amount for the study and pilot project design
  317         contingent upon legislative appropriation; requiring
  318         that the pilot project design be completed by a
  319         certain date and submitted in a report to the
  320         Legislature; reenacting s. 350.81(6), F.S., relating
  321         to the definition of the term “airport layout plan,”
  322         to incorporate the amendment made to s. 333.01, F.S.,
  323         in a reference thereto; providing an effective date.
  324          
  325  Be It Enacted by the Legislature of the State of Florida:
  326  
  327         Section 1. Paragraph (d) of subsection (3) and paragraph
  328  (d) of subsection (4) of section 20.23, Florida Statutes, are
  329  amended to read:
  330         20.23 Department of Transportation.—There is created a
  331  Department of Transportation which shall be a decentralized
  332  agency.
  333         (3)
  334         (d) The secretary shall appoint an inspector general
  335  pursuant to s. 20.055 who shall be directly responsible to the
  336  secretary and shall serve at the pleasure of the secretary.
  337         (4)
  338         (d) The district director for the Fort Myers Urban Office
  339  of the Department of Transportation is responsible for
  340  developing the 5-year Transportation Plan for Charlotte,
  341  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
  342  Myers Urban Office also is responsible for providing policy,
  343  direction, local government coordination, and planning for those
  344  counties.
  345         Section 2. Subsection (2) of section 215.82, Florida
  346  Statutes, is amended to read:
  347         215.82 Validation; when required.—
  348         (2) Any bonds issued pursuant to this act which are
  349  validated shall be validated in the manner provided by chapter
  350  75. In actions to validate bonds to be issued in the name of the
  351  State Board of Education under s. 9(a) and (d), Art. XII of the
  352  State Constitution and bonds to be issued pursuant to chapter
  353  259, the Land Conservation Act of 1972, the complaint shall be
  354  filed in the circuit court of the county where the seat of state
  355  government is situated, the notice required to be published by
  356  s. 75.06 shall be published only in the county where the
  357  complaint is filed, and the complaint and order of the circuit
  358  court shall be served only on the state attorney of the circuit
  359  in which the action is pending. In any action to validate bonds
  360  issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
  361  Art. XII of the State Constitution or issued pursuant to s.
  362  215.605 or s. 338.227, the complaint shall be filed in the
  363  circuit court of the county where the seat of state government
  364  is situated, the notice required to be published by s. 75.06
  365  shall be published in a newspaper of general circulation in the
  366  county where the complaint is filed and in two other newspapers
  367  of general circulation in the state, and the complaint and order
  368  of the circuit court shall be served only on the state attorney
  369  of the circuit in which the action is pending; provided,
  370  however, that if publication of notice pursuant to this section
  371  would require publication in more newspapers than would
  372  publication pursuant to s. 75.06, such publication shall be made
  373  pursuant to s. 75.06.
  374         Section 3. Section 260.0144, Florida Statutes, is amended
  375  to read:
  376         260.0144 Sponsorship of state greenways and trails.—The
  377  department may enter into a concession agreement with a not-for
  378  profit entity or private sector business or entity for
  379  commercial sponsorship to be displayed on state greenway and
  380  trail facilities not included within the Florida Shared-Use
  381  Nonmotorized Trail Network established in chapter 339 or
  382  property specified in this section. The department may establish
  383  the cost for entering into a concession agreement.
  384         (1) A concession agreement shall be administered by the
  385  department and must include the requirements found in this
  386  section.
  387         (2)(a) Space for a commercial sponsorship display may be
  388  provided through a concession agreement on certain state-owned
  389  greenway or trail facilities or property.
  390         (b) Signage or displays erected under this section shall
  391  comply with the provisions of s. 337.407 and chapter 479, and
  392  shall be limited as follows:
  393         1. One large sign or display, not to exceed 16 square feet
  394  in area, may be located at each trailhead or parking area.
  395         2. One small sign or display, not to exceed 4 square feet
  396  in area, may be located at each designated trail public access
  397  point.
  398         (c) Before installation, each name or sponsorship display
  399  must be approved by the department.
  400         (d) The department shall ensure that the size, color,
  401  materials, construction, and location of all signs are
  402  consistent with the management plan for the property and the
  403  standards of the department, do not intrude on natural and
  404  historic settings, and contain only a logo selected by the
  405  sponsor and the following sponsorship wording:
  406  
  407         ...(Name of the sponsor)... proudly sponsors the costs
  408         of maintaining the ...(Name of the greenway or
  409         trail)....
  410  
  411         (e) Sponsored state greenways and trails are authorized at
  412  the following facilities or property:
  413         1. Florida Keys Overseas Heritage Trail.
  414         2. Blackwater Heritage Trail.
  415         3. Tallahassee-St. Marks Historic Railroad State Trail.
  416         4. Nature Coast State Trail.
  417         5. Withlacoochee State Trail.
  418         6. General James A. Van Fleet State Trail.
  419         7. Palatka-Lake Butler State Trail.
  420         (e)(f) The department may enter into commercial sponsorship
  421  agreements for other state greenways or trails as authorized in
  422  this section. A qualified entity that desires to enter into a
  423  commercial sponsorship agreement shall apply to the department
  424  on forms adopted by department rule.
  425         (f)(g) All costs of a display, including development,
  426  construction, installation, operation, maintenance, and removal
  427  costs, shall be paid by the concessionaire.
  428         (3) A concession agreement shall be for a minimum of 1
  429  year, but may be for a longer period under a multiyear
  430  agreement, and may be terminated for just cause by the
  431  department upon 60 days’ advance notice. Just cause for
  432  termination of a concession agreement includes, but is not
  433  limited to, violation of the terms of the concession agreement
  434  or any provision of this section.
  435         (4) Commercial sponsorship pursuant to a concession
  436  agreement is for public relations or advertising purposes of the
  437  not-for-profit entity or private sector business or entity, and
  438  may not be construed by that not-for-profit entity or private
  439  sector business or entity as having a relationship to any other
  440  actions of the department.
  441         (5) This section does not create a proprietary or
  442  compensable interest in any sign, display site, or location.
  443         (6) Proceeds from concession agreements shall be
  444  distributed as follows:
  445         (a) Eighty-five percent shall be deposited into the
  446  appropriate department trust fund that is the source of funding
  447  for management and operation of state greenway and trail
  448  facilities and properties.
  449         (b) Fifteen percent shall be deposited into the State
  450  Transportation Trust Fund for use in the Traffic and Bicycle
  451  Safety Education Program and the Safe Paths to School Program
  452  administered by the Department of Transportation.
  453         (7) The department may adopt rules to administer this
  454  section.
  455         Section 4. Subsection (2) of section 311.07, Florida
  456  Statutes, is amended to read:
  457         311.07 Florida seaport transportation and economic
  458  development funding.—
  459         (2) A minimum of $25 $15 million per year shall be made
  460  available from the State Transportation Trust Fund to fund the
  461  Florida Seaport Transportation and Economic Development Program.
  462  The Florida Seaport Transportation and Economic Development
  463  Council created in s. 311.09 shall develop guidelines for
  464  project funding. Council staff, the Department of
  465  Transportation, and the Department of Economic Opportunity shall
  466  work in cooperation to review projects and allocate funds in
  467  accordance with the schedule required for the Department of
  468  Transportation to include these projects in the tentative work
  469  program developed pursuant to s. 339.135(4).
  470         Section 5. Subsections (1), (9), and (12) of section
  471  311.09, Florida Statutes, are amended to read:
  472         311.09 Florida Seaport Transportation and Economic
  473  Development Council.—
  474         (1) The Florida Seaport Transportation and Economic
  475  Development Council is created within the Department of
  476  Transportation. The council consists of the following 16 17
  477  members: the port director, or the port director’s designee, of
  478  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  479  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  480  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  481  West, and Fernandina; the secretary of the Department of
  482  Transportation or his or her designee; and the director of the
  483  Department of Economic Opportunity or his or her designee.
  484         (9) The Department of Transportation shall include at least
  485  $25 no less than $15 million per year in its annual legislative
  486  budget request for the Florida Seaport Transportation and
  487  Economic Development Program funded under s. 311.07. Such budget
  488  shall include funding for projects approved by the council which
  489  have been determined by each agency to be consistent. The
  490  department shall include the specific approved Florida Seaport
  491  Transportation and Economic Development Program projects to be
  492  funded under s. 311.07 during the ensuing fiscal year in the
  493  tentative work program developed pursuant to s. 339.135(4). The
  494  total amount of funding to be allocated to Florida Seaport
  495  Transportation and Economic Development Program projects under
  496  s. 311.07 during the successive 4 fiscal years shall also be
  497  included in the tentative work program developed pursuant to s.
  498  339.135(4). The council may submit to the department a list of
  499  approved projects that could be made production-ready within the
  500  next 2 years. The list shall be submitted by the department as
  501  part of the needs and project list prepared pursuant to s.
  502  339.135(2)(b). However, the department shall, upon written
  503  request of the Florida Seaport Transportation and Economic
  504  Development Council, submit work program amendments pursuant to
  505  s. 339.135(7) to the Governor within 10 days after the later of
  506  the date the request is received by the department or the
  507  effective date of the amendment, termination, or closure of the
  508  applicable funding agreement between the department and the
  509  affected seaport, as required to release the funds from the
  510  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  511  program amendment to transfer prior year funds from one approved
  512  seaport project to another seaport project is subject to the
  513  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  514  law to the contrary, the department may transfer unexpended
  515  budget between the seaport projects as identified in the
  516  approved work program amendments.
  517         (12) Until July 1, 2014, Citrus County may apply for a
  518  grant through the Florida Seaport Transportation and Economic
  519  Development Council to perform a feasibility study regarding the
  520  establishment of a port in Citrus County. The council shall
  521  evaluate such application pursuant to subsections (5)-(8) and,
  522  if approved, the Department of Transportation shall include the
  523  feasibility study in its budget request pursuant to subsection
  524  (9). If the study determines that a port in Citrus County is not
  525  feasible, the membership of Port Citrus on the council shall
  526  terminate.
  527         Section 6. Subsections (6), (47), and present subsection
  528  (90) of section 316.003, Florida Statutes, are amended, present
  529  subsections (91), (92), and (93) of that section are
  530  redesignated as subsections (93), (95), and (96), respectively,
  531  and new subsections (90), (92), and (94) are added to that
  532  section, to read:
  533         316.003 Definitions.—The following words and phrases, when
  534  used in this chapter, shall have the meanings respectively
  535  ascribed to them in this section, except where the context
  536  otherwise requires:
  537         (6) CROSSWALK.—
  538         (a) Unmarked crosswalk.—An unmarked part of the roadway at
  539  an intersection used by pedestrians for crossing the roadway
  540  That part of a roadway at an intersection included within the
  541  connections of the lateral lines of the sidewalks on opposite
  542  sides of the highway, measured from the curbs or, in the absence
  543  of curbs, from the edges of the traversable roadway.
  544         (b) Marked crosswalk.—Pavement marking lines on the roadway
  545  surface, which may include contrasting pavement texture, style,
  546  or colored portions of the roadway at an intersection used by
  547  pedestrians for crossing the roadway Any portion of a roadway at
  548  an intersection or elsewhere distinctly indicated for pedestrian
  549  crossing by lines or other markings on the surface.
  550         (c)Midblock crosswalk.—A location between intersections
  551  where the roadway surface is marked by pavement marking lines,
  552  which may include contrasting pavement texture, style or colored
  553  portion of the roadway at a signalized or unsignalized crosswalk
  554  used for pedestrian roadway crossings and may include a
  555  pedestrian refuge island.
  556         (47) SIDEWALK.—That portion of a street between the
  557  curbline, or the lateral line, of a roadway and the adjacent
  558  property lines, intended for use by pedestrians, adjacent to the
  559  roadway between the curb or edge of the roadway and the property
  560  line.
  561         (90) AUTONOMOUS TECHNOLOGY.—Technology installed on a motor
  562  vehicle which has the capability to drive the vehicle on which
  563  the technology is installed without the active control of or
  564  monitoring by a human operator.
  565         (91)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
  566  autonomous technology. The term “autonomous technology” means
  567  technology installed on a motor vehicle that has the capability
  568  to drive the vehicle on which the technology is installed
  569  without the active control or monitoring by a human operator.
  570  The term excludes a motor vehicle enabled with active safety
  571  systems or driver assistance systems, including, without
  572  limitation, a system to provide electronic blind spot
  573  assistance, crash avoidance, emergency braking, parking
  574  assistance, adaptive cruise control, lane keep assistance, lane
  575  departure warning, or traffic jam and queuing assistant, unless
  576  any such system alone or in combination with other systems
  577  enables the vehicle on which the technology is installed to
  578  drive without the active control or monitoring by a human
  579  operator.
  580         (92) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
  581  automation technology that integrates sensor array, wireless
  582  communications, vehicle controls, and specialized software to
  583  synchronize acceleration and braking between up to two truck
  584  tractor-semitrailer combinations, while leaving each vehicle’s
  585  steering control and systems command in the control of the
  586  vehicle’s driver.
  587         (94) PORT-OF-ENTRY.—A designated location that allows
  588  drivers of commercial motor vehicles to purchase temporary
  589  registration permits necessary to operate legally within the
  590  state. The locations and the designated routes to such locations
  591  shall be determined by the Department of Transportation.
  592         Section 7. Subsection (2) of section 316.0895, Florida
  593  Statutes, is amended to read:
  594         316.0895 Following too closely.—
  595         (2) It is unlawful for the driver of any motor truck, motor
  596  truck drawing another vehicle, or vehicle towing another vehicle
  597  or trailer, when traveling upon a roadway outside of a business
  598  or residence district, to follow within 300 feet of another
  599  motor truck, motor truck drawing another vehicle, or vehicle
  600  towing another vehicle or trailer. The provisions of this
  601  subsection shall not be construed to prevent overtaking and
  602  passing nor shall the same apply upon any lane specially
  603  designated for use by motor trucks or other slow-moving
  604  vehicles. This subsection does not apply to two truck tractor
  605  semitrailer combinations equipped and connected with driver
  606  assistive truck-platooning technology, as defined in s. 316.003,
  607  and operating on a multilane limited access facility, if the
  608  owner or operator complies with the financial responsibility
  609  requirement of s. 316.86.
  610         Section 8. Paragraphs (b) and (c) of subsection (7) of
  611  section 316.130, Florida Statutes, are amended to read:
  612         316.130 Pedestrians; traffic regulations.—
  613         (7)
  614         (b) The driver of a vehicle at any crosswalk location where
  615  the approach is not controlled by a traffic signal or stop sign
  616  must signage so indicates shall stop and remain stopped to allow
  617  a pedestrian to cross a roadway when the pedestrian is in the
  618  crosswalk or steps into the crosswalk and is upon the half of
  619  the roadway upon which the vehicle is traveling or turning, or
  620  when the pedestrian is approaching so closely from the opposite
  621  half of the roadway as to be in danger. Any pedestrian crossing
  622  a roadway at a point where a pedestrian tunnel or overhead
  623  pedestrian crossing has been provided must yield the right-of
  624  way to all vehicles upon the roadway.
  625         (c) When traffic control signals are not in place or in
  626  operation and there is no signage indicating otherwise, the
  627  driver of a vehicle shall yield the right-of-way, slowing down
  628  or stopping if need be to so yield, to a pedestrian crossing the
  629  roadway within a crosswalk when the pedestrian is upon the half
  630  of the roadway upon which the vehicle is traveling or when the
  631  pedestrian is approaching so closely from the opposite half of
  632  the roadway as to be in danger. Any pedestrian crossing a
  633  roadway at a point where a pedestrian tunnel or overhead
  634  pedestrian crossing has been provided shall yield the right-of
  635  way to all vehicles upon the roadway.
  636         Section 9. Subsections (1) and (3) of section 316.303,
  637  Florida Statutes, are amended to read:
  638         316.303 Television receivers.—
  639         (1) No motor vehicle operated on the highways of this state
  640  shall be equipped with television-type receiving equipment so
  641  located that the viewer or screen is visible from the driver’s
  642  seat, unless the vehicle is equipped with autonomous technology,
  643  as defined in s. 316.003(90), and is being operated in
  644  autonomous mode, as provided in s. 316.85(2); or unless the
  645  vehicle is equipped and operating with driver-assistive truck
  646  platooning technology, as defined in s. 316.003(92).
  647         (3) This section does not prohibit the use of an electronic
  648  display used in conjunction with a vehicle navigation system; or
  649  an electronic display used by an operator of a vehicle equipped
  650  with autonomous technology, as defined in s. 316.003(90), while
  651  the vehicle is being operated in autonomous mode, as provided in
  652  s. 316.85(2); or an electronic display used by the operator of a
  653  vehicle equipped and operating with driver-assistive truck
  654  platooning technology, as defined in s. 316.003(92).
  655         Section 10. Paragraph (b) of subsection (3) and subsection
  656  (14) of section 316.515, Florida Statutes, are amended to read:
  657         316.515 Maximum width, height, length.—
  658         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  659  section, length limitations apply solely to a semitrailer or
  660  trailer, and not to a truck tractor or to the overall length of
  661  a combination of vehicles. No combination of commercial motor
  662  vehicles coupled together and operating on the public roads may
  663  consist of more than one truck tractor and two trailing units.
  664  Unless otherwise specifically provided for in this section, a
  665  combination of vehicles not qualifying as commercial motor
  666  vehicles may consist of no more than two units coupled together;
  667  such nonqualifying combination of vehicles may not exceed a
  668  total length of 65 feet, inclusive of the load carried thereon,
  669  but exclusive of safety and energy conservation devices approved
  670  by the department for use on vehicles using public roads.
  671  Notwithstanding any other provision of this section, a truck
  672  tractor-semitrailer combination engaged in the transportation of
  673  automobiles or boats may transport motor vehicles or boats on
  674  part of the power unit; and, except as may otherwise be mandated
  675  under federal law, an automobile or boat transporter semitrailer
  676  may not exceed 50 feet in length, exclusive of the load;
  677  however, the load may extend up to an additional 6 feet beyond
  678  the rear of the trailer. The 50-feet length limitation does not
  679  apply to non-stinger-steered automobile or boat transporters
  680  that are 65 feet or less in overall length, exclusive of the
  681  load carried thereon, or to stinger-steered automobile or boat
  682  transporters that are 75 feet or less in overall length,
  683  exclusive of the load carried thereon. For purposes of this
  684  subsection, a “stinger-steered automobile or boat transporter”
  685  is an automobile or boat transporter configured as a semitrailer
  686  combination wherein the fifth wheel is located on a drop frame
  687  located behind and below the rearmost axle of the power unit.
  688  Notwithstanding paragraphs (a) and (b), any straight truck or
  689  truck tractor-semitrailer combination engaged in the
  690  transportation of horticultural trees may allow the load to
  691  extend up to an additional 10 feet beyond the rear of the
  692  vehicle, provided said trees are resting against a retaining bar
  693  mounted above the truck bed so that the root balls of the trees
  694  rest on the floor and to the front of the truck bed and the tops
  695  of the trees extend up over and to the rear of the truck bed,
  696  and provided the overhanging portion of the load is covered with
  697  protective fabric.
  698         (b) Semitrailers.—
  699         1. A semitrailer operating in a truck tractor-semitrailer
  700  combination may not exceed 48 feet in extreme overall outside
  701  dimension, measured from the front of the unit to the rear of
  702  the unit and the load carried thereon, exclusive of safety and
  703  energy conservation devices approved by the department for use
  704  on vehicles using public roads, unless it complies with
  705  subparagraph 2. A semitrailer which exceeds 48 feet in length
  706  and is used to transport divisible loads may operate in this
  707  state only if issued a permit under s. 316.550 and if such
  708  trailer meets the requirements of this chapter relating to
  709  vehicle equipment and safety. Except for highways on the tandem
  710  trailer truck highway network, public roads deemed unsafe for
  711  longer semitrailer vehicles or those roads on which such longer
  712  vehicles are determined not to be in the interest of public
  713  convenience shall, in conformance with s. 316.006, be restricted
  714  by the Department of Transportation or by the local authority to
  715  use by semitrailers not exceeding a length of 48 feet, inclusive
  716  of the load carried thereon but exclusive of safety and energy
  717  conservation devices approved by the department for use on
  718  vehicles using public roads. Truck tractor-semitrailer
  719  combinations shall be afforded reasonable access to terminals;
  720  facilities for food, fuel, repairs, and rest; and points of
  721  loading and unloading.
  722         2. A semitrailer which is more than 48 feet but not more
  723  than 57 53 feet in extreme overall outside dimension, as
  724  measured pursuant to subparagraph 1., may operate on public
  725  roads, except roads on the State Highway System which are
  726  restricted by the Department of Transportation or other roads
  727  restricted by local authorities, if:
  728         a. The distance between the kingpin or other peg that locks
  729  into the fifth wheel of a truck tractor and the center of the
  730  rear axle or rear group of axles does not exceed 41 feet, or, in
  731  the case of a semitrailer used exclusively or primarily to
  732  transport vehicles in connection with motorsports competition
  733  events, the distance does not exceed 46 feet from the kingpin to
  734  the center of the rear axles; and
  735         b. It is equipped with a substantial rear-end underride
  736  protection device meeting the requirements of 49 C.F.R. s.
  737  393.86, “Rear End Protection.”
  738         (14) MANUFACTURED BUILDINGS.—The Department of
  739  Transportation may, in its discretion and upon application and
  740  good cause shown therefor that the same is not contrary to the
  741  public interest, issue a special permit for truck tractor
  742  semitrailer combinations where the total number of overwidth
  743  deliveries of manufactured buildings, as defined in s.
  744  553.36(13), may be reduced by permitting the use of multiple
  745  sections or single units on an overlength trailer of no more
  746  than 80 54 feet.
  747         Section 11. Paragraph (b) of subsection (2) of section
  748  316.545, Florida Statutes, is amended to read:
  749         316.545 Weight and load unlawful; special fuel and motor
  750  fuel tax enforcement; inspection; penalty; review.—
  751         (2)
  752         (b) The officer or inspector shall inspect the license
  753  plate or registration certificate of the commercial vehicle, as
  754  defined in s. 316.003(66), to determine if its gross weight is
  755  in compliance with the declared gross vehicle weight. If its
  756  gross weight exceeds the declared weight, the penalty shall be 5
  757  cents per pound on the difference between such weights. In those
  758  cases when the commercial vehicle, as defined in s. 316.003(66),
  759  is being operated over the highways of the state with an expired
  760  registration or with no registration from this or any other
  761  jurisdiction or is not registered under the applicable
  762  provisions of chapter 320, the penalty herein shall apply on the
  763  basis of 5 cents per pound on that scaled weight which exceeds
  764  35,000 pounds on laden truck tractor-semitrailer combinations or
  765  tandem trailer truck combinations, 10,000 pounds on laden
  766  straight trucks or straight truck-trailer combinations, or
  767  10,000 pounds on any unladen commercial motor vehicle. A
  768  commercial motor vehicle entering the state at a designated
  769  port-of-entry location, as defined in s. 316.003(94), or
  770  operating on designated routes to a port-of-entry location,
  771  which obtains a temporary registration permit shall be assessed
  772  a penalty limited to the difference between its gross weight and
  773  the declared gross vehicle weight at 5 cents per pound. If the
  774  license plate or registration has not been expired for more than
  775  90 days, the penalty imposed under this paragraph may not exceed
  776  $1,000. In the case of special mobile equipment as defined in s.
  777  316.003(48), which qualifies for the license tax provided for in
  778  s. 320.08(5)(b), being operated on the highways of the state
  779  with an expired registration or otherwise not properly
  780  registered under the applicable provisions of chapter 320, a
  781  penalty of $75 shall apply in addition to any other penalty
  782  which may apply in accordance with this chapter. A vehicle found
  783  in violation of this section may be detained until the owner or
  784  operator produces evidence that the vehicle has been properly
  785  registered. Any costs incurred by the retention of the vehicle
  786  shall be the sole responsibility of the owner. A person who has
  787  been assessed a penalty pursuant to this paragraph for failure
  788  to have a valid vehicle registration certificate pursuant to the
  789  provisions of chapter 320 is not subject to the delinquent fee
  790  authorized in s. 320.07 if such person obtains a valid
  791  registration certificate within 10 working days after such
  792  penalty was assessed.
  793         Section 12. Section 333.01, Florida Statutes, is amended to
  794  read:
  795         333.01 Definitions.—For the purpose of this chapter, the
  796  following words, terms, and phrases shall have the following
  797  meanings herein given, unless otherwise specifically defined, or
  798  unless another intention clearly appears, or the context
  799  otherwise requires:
  800         (1) “Aeronautical study” means a Federal Aviation
  801  Administration review conducted pursuant to 14 C.F.R. part 77,
  802  concerning the effect of proposed construction or alteration on
  803  the use of air navigation facilities or navigable airspace by
  804  aircraft. “Aeronautics” means transportation by aircraft; the
  805  operation, construction, repair, or maintenance of aircraft,
  806  aircraft power plants and accessories, including the repair,
  807  packing, and maintenance of parachutes; the design,
  808  establishment, construction, extension, operation, improvement,
  809  repair, or maintenance of airports, restricted landing areas, or
  810  other air navigation facilities, and air instruction.
  811         (2) “Airport” means any area of land or water designed and
  812  set aside for the landing and taking off of aircraft and
  813  utilized or to be utilized in the interest of the public for
  814  such purpose.
  815         (3) “Airport hazard” means any obstruction that exceeds
  816  structure or tree or use of land which would exceed the federal
  817  obstruction standards as contained in 14 C.F.R. ss. 77.15,
  818  77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
  819  77.29 and which obstructs the airspace required for the flight
  820  of aircraft in taking off, maneuvering, or landing, or that is
  821  otherwise hazardous to such taking off, maneuvering, or landing
  822  of aircraft and for which no person has previously obtained a
  823  permit or variance pursuant to s. 333.025 or s. 333.07.
  824         (4) “Airport hazard area” means any area of land or water
  825  upon which an airport hazard might be established if not
  826  prevented as provided in this chapter.
  827         (5) “Airport land use compatibility zoning” means airport
  828  zoning regulations governing restricting the use of land
  829  adjacent to or in the immediate vicinity of airports in the
  830  manner provided enumerated in ss. 333.03(2) s. 333.03(2) to
  831  activities and (3) purposes compatible with the continuation of
  832  normal airport operations including landing and takeoff of
  833  aircraft in order to promote public health, safety, and general
  834  welfare.
  835         (6) “Airport layout plan” means a scaled detailed, scale
  836  engineering drawing or set of drawings in either paper or
  837  electronic form of the existing, including pertinent dimensions,
  838  of an airport’s current and planned airport facilities which
  839  provides a graphic representation of the existing and long-term
  840  development plan for the airport and demonstrates the
  841  preservation and continuity of safety, utility, and efficiency
  842  of the airport, their locations, and runway usage.
  843         (7) “Airport master plan” means a comprehensive plan for an
  844  airport that describes the immediate and long-term development
  845  plans to meet future aviation demand.
  846         (8) “Airport protection zoning” means airport zoning
  847  regulations governing airport hazards in the manner provided in
  848  s. 333.03.
  849         (9) “Department” means the Department of Transportation as
  850  created by s. 20.23.
  851         (10) “Educational facility” means any structure, land, or
  852  use thereof that includes a public or private kindergarten
  853  through grade 12 school, charter school, magnet school, college
  854  campus, or university campus. Space used for educational
  855  purposes within a multitenant building may not be treated as an
  856  educational facility for the purpose of this chapter.
  857         (11) “Landfill” has the same meaning as in s. 403.703.
  858         (12)(7) “Obstruction” means any object of natural growth,
  859  terrain, or permanent or temporary construction or alteration,
  860  including equipment or materials used and any permanent or
  861  temporary apparatus, or alteration of any permanent or temporary
  862  existing structure by a change in its height, including existing
  863  or proposed appurtenances, or lateral dimensions, including
  864  equipment or material used therein, which exceeds existing or
  865  proposed manmade object or object of natural growth or terrain
  866  that violates the standards contained in 14 C.F.R. ss. 77.15,
  867  77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
  868  77.29.
  869         (13)(8) “Person” means any individual, firm, copartnership,
  870  corporation, company, association, joint-stock association, or
  871  body politic, and includes any trustee, receiver, assignee, or
  872  other similar representative thereof.
  873         (14)(9) “Political subdivision” means the local government
  874  of any county, city, town, village, or other subdivision or
  875  agency thereof, or any district or special district, port
  876  commission, port authority, or other such agency authorized to
  877  establish or operate airports in the state.
  878         (15) “Public-use airport” means an airport, publicly or
  879  privately owned and licensed by the state, which is open for use
  880  by the public.
  881         (16)(10) “Runway protection clear zone” or “RPZ” means an
  882  area at ground level beyond the a runway end which is intended
  883  to enhance the safety and protection of people and property on
  884  the ground clear zone as defined in 14 C.F.R. s. 151.9(b).
  885         (17)(11) “Structure” means any object, constructed,
  886  erected, altered, or installed by humans, including, but without
  887  limitation thereof, buildings, towers, smokestacks, utility
  888  poles, power generation equipment, and overhead transmission
  889  lines.
  890         (18) “Substantial modification” means any repair,
  891  reconstruction, rehabilitation, or improvement of a structure
  892  when the actual cost of the repair, reconstruction,
  893  rehabilitation, or improvement of the structure equals or
  894  exceeds 50 percent of the market value of the structure.
  895         (12) “Tree” includes any plant of the vegetable kingdom.
  896         Section 13. Section 333.025, Florida Statutes, is amended
  897  to read:
  898         333.025 Permit required for structures exceeding federal
  899  obstruction standards.—
  900         (1) A person proposing the construction or alteration In
  901  order to prevent the erection of structures hazardous dangerous
  902  to air navigation, subject to the provisions of subsections (2),
  903  (3), and (4), must each person shall secure from the department
  904  of Transportation a permit for the proposed construction or
  905  erection, alteration, or modification of any structure the
  906  result of which would exceed the federal obstruction standards
  907  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
  908  77.23 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits
  909  from the department of Transportation will be required only
  910  within an airport hazard area where federal obstruction
  911  standards are exceeded and if the proposed construction is
  912  within a 10-nautical-mile radius of the airport reference point,
  913  located at the approximate geometric geographical center of all
  914  useable runways of public-use airports or a publicly owned or
  915  operated airport, a military airport, or an airport licensed by
  916  the state for public use.
  917         (2) Existing, planned, and proposed Affected airports will
  918  be considered as having those facilities at public-use airports
  919  contained in an which are shown on the airport master plan, on
  920  or an airport layout plan submitted to the Federal Aviation
  921  Administration Airport District Office, or in comparable
  922  military documents, and will be so protected from structures
  923  that exceed federal obstruction standards. Planned or proposed
  924  public-use airports which are the subject of a notice or
  925  proposal submitted to the Federal Aviation Administration or to
  926  the Department of Transportation shall also be protected.
  927         (3) Permit requirements of subsection (1) do shall not
  928  apply to structures projects which received construction permits
  929  from the Federal Communications Commission for structures
  930  exceeding federal obstruction standards prior to May 20, 1975,
  931  provided such structures now exist; nor does subsection (1)
  932  shall it apply to previously approved structures now existing,
  933  or any necessary replacement or repairs to such existing
  934  structures, so long as the height and location is unchanged.
  935         (4) When political subdivisions have adopted adequate
  936  airport airspace protection zoning regulations in compliance
  937  with s. 333.03, and such regulations are on file with the
  938  department of Transportation, and have established a permitting
  939  process in compliance with s. 333.09(2), a permit for such
  940  structure shall not be required from the department of
  941  Transportation. To evaluate technical consistency with this
  942  section, there is a 15-day department review period concurrent
  943  with the permitting process prescribed by s. 333.09. Upon
  944  receipt of a complete permit application, the local government
  945  shall forward to the department’s Aviation Office by certified
  946  mail, return receipt requested, or by delivery service that
  947  provides a receipt evidencing delivery, a copy of the
  948  application. Cranes, construction equipment, and other temporary
  949  structures, in use or in place for a period not to exceed 18
  950  consecutive months, are exempt from this requirement, unless
  951  requested by the department’s Aviation Office.
  952         (5) The department of Transportation shall, within 30 days
  953  of the receipt of an application for a permit, issue or deny a
  954  permit for the construction or erection, alteration, or
  955  modification of any structure the result of which would exceed
  956  federal obstruction standards as contained in 14 C.F.R. ss.
  957  77.15, 77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25,
  958  77.28, and 77.29. The department shall review permit
  959  applications in conformity with s. 120.60.
  960         (6) In determining whether to issue or deny a permit, the
  961  department shall consider:
  962         (a) The safety of persons on the ground and in the air The
  963  nature of the terrain and height of existing structures.
  964         (b) The safe and efficient use of navigable airspace Public
  965  and private interests and investments.
  966         (c) The nature of the terrain and height of existing
  967  structures The character of flying operations and planned
  968  developments of airports.
  969         (d) Whether the construction of the proposed structure
  970  would impact the state licensing standards for a public-use
  971  airport, contained in chapter 330 and chapter 14-60, Florida
  972  Administrative Code Federal airways as designated by the Federal
  973  Aviation Administration.
  974         (e) The character of existing and planned flight operations
  975  and developments at public-use airports Whether the construction
  976  of the proposed structure would cause an increase in the minimum
  977  descent altitude or the decision height at the affected airport.
  978         (f) Federal airways; visual flight rules, flyways and
  979  corridors; and instrument approaches as designated by the
  980  Federal Aviation Administration Technological advances.
  981         (g) Whether the construction of the proposed structure
  982  would cause an increase in the minimum descent altitude or the
  983  decision height at the affected airport The safety of persons on
  984  the ground and in the air.
  985         (h) The cumulative effects on navigable airspace of all
  986  existing structures and all other known and proposed structures
  987  in the area Land use density.
  988         (i) The safe and efficient use of navigable airspace.
  989         (j) The cumulative effects on navigable airspace of all
  990  existing structures, proposed structures identified in the
  991  applicable jurisdictions’ comprehensive plans, and all other
  992  known proposed structures in the area.
  993         (7) When issuing a permit under this section, the
  994  department of Transportation shall, as a specific condition of
  995  such permit, require the owner obstruction marking and lighting
  996  of the permitted structure or vegetation to install, operate,
  997  and maintain thereon, at his or her own expense, marking and
  998  lighting in conformance with the specific standards established
  999  by the Federal Aviation Administration structure as provided in
 1000  s. 333.07(3)(b).
 1001         (8) The department may of Transportation shall not approve
 1002  a permit for the construction or alteration erection of a
 1003  structure unless the applicant submits both documentation
 1004  showing compliance with the federal requirement for notification
 1005  of proposed construction or alteration and a valid aeronautical
 1006  study evaluation, and no permit shall be approved solely on the
 1007  basis that such proposed structure will not exceed federal
 1008  obstruction standards as contained in 14 C.F.R. ss. 77.15,
 1009  77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25, 77.28, or
 1010  77.29, or any other federal aviation regulation.
 1011         (9) The denial of a permit under this section is subject to
 1012  the administrative review provisions of chapter 120.
 1013         Section 14. Section 333.03, Florida Statutes, is amended to
 1014  read:
 1015         333.03 Requirement Power to adopt airport zoning
 1016  regulations.—
 1017         (1)(a) Every In order to prevent the creation or
 1018  establishment of airport hazards, every political subdivision
 1019  having an airport hazard area within its territorial limits
 1020  shall, by October 1, 1977, adopt, administer, and enforce, under
 1021  the police power and in the manner and upon the conditions
 1022  hereinafter prescribed in this section, airport protection
 1023  zoning regulations for such airport hazards hazard area.
 1024         (b) Where an airport is owned or controlled by a political
 1025  subdivision and an any airport hazard area appertaining to such
 1026  airport is located wholly or partly outside the territorial
 1027  limits of the said political subdivision, the political
 1028  subdivision owning or controlling the airport and any the
 1029  political subdivision within which the airport hazard area is
 1030  located, must shall either:
 1031         1. By interlocal agreement, in accordance with the
 1032  provisions of chapter 163, adopt, administer, and enforce a set
 1033  of airport protection zoning regulations applicable to the
 1034  airport hazard area in question; or
 1035         2. By ordinance, regulation, or resolution duly adopted,
 1036  create a joint airport zoning board, which must board shall have
 1037  the same power to adopt, administer, and enforce a set of
 1038  airport protection zoning regulations applicable to the airport
 1039  hazard area in each question as that vested in paragraph (a) in
 1040  the political subdivision in within which the airport hazard
 1041  such area is located. Each such joint airport zoning board shall
 1042  have as members two representatives appointed by each
 1043  participating political subdivision participating in its
 1044  creation and, in addition, a chair elected by a majority of the
 1045  members so appointed. The However, the airport manager or
 1046  representative of each airport in managers of the affected
 1047  participating political subdivisions shall serve on the board in
 1048  a nonvoting capacity.
 1049         (c) Airport protection zoning regulations adopted under
 1050  paragraph (a) must shall, at as a minimum, require:
 1051         1. A permit variance for the erection, construction or
 1052  alteration, or modification of any structure that which would
 1053  cause the structure to exceed the federal obstruction standards
 1054  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
 1055  77.23. 77.21, 77.23, 77.25, 77.28, and 77.29;
 1056         2. Obstruction marking and lighting for structures
 1057  exceeding the federal obstruction standards as contained in 14
 1058  C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and 77.23, as specified
 1059  in s. 333.07(3).;
 1060         3. Documentation showing compliance with the federal
 1061  requirement for notification of proposed construction or
 1062  alteration and a valid aeronautical study evaluation submitted
 1063  by each person applying for a permit. variance;
 1064         4. Consideration of the criteria in s. 333.025(6), when
 1065  determining whether to issue or deny a permit. variance; and
 1066         5. That a permit may not no variance shall be approved
 1067  solely on the basis that the such proposed structure will not
 1068  exceed federal obstruction standards as contained in 14 C.F.R.
 1069  ss. 77.15, 77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25,
 1070  77.28, or 77.29, or any other federal aviation regulation.
 1071         (d) The department is available to provide assistance to
 1072  political subdivisions with regard to federal obstruction
 1073  standards shall issue copies of the federal obstruction
 1074  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
 1075  77.28, and 77.29 to each political subdivision having airport
 1076  hazard areas and, in cooperation with political subdivisions,
 1077  shall issue appropriate airport zoning maps depicting within
 1078  each county the maximum allowable height of any structure or
 1079  tree. Material distributed pursuant to this subsection shall be
 1080  at no cost to authorized recipients.
 1081         (2) In the manner provided in subsection (1), interim
 1082  airport land use compatibility zoning regulations must shall be
 1083  adopted, administered, and enforced. Airport land-use
 1084  compatibility zoning When political subdivisions have adopted
 1085  land development regulations must, at a minimum, in accordance
 1086  with the provisions of chapter 163 which address the use of land
 1087  in the manner consistent with the provisions herein, adoption of
 1088  airport land use compatibility regulations pursuant to this
 1089  subsection shall not be required. Interim airport land use
 1090  compatibility zoning regulations shall consider the following:
 1091         (a) Prohibiting any new and restricting any existing
 1092  Whether sanitary landfills are located within the following
 1093  areas:
 1094         1. Within 10,000 feet from the nearest point of any runway
 1095  used or planned to be used by turbine turbojet or turboprop
 1096  aircraft.
 1097         2. Within 5,000 feet from the nearest point of any runway
 1098  used only by nonturbine piston-type aircraft.
 1099         3. Outside the perimeters defined in subparagraphs 1. and
 1100  2., but still within the lateral limits of the civil airport
 1101  imaginary surfaces defined in 14 C.F.R. part 77.19 77.25. Case
 1102  by-case review of such landfills is advised.
 1103         (b) Where Whether any landfill is located and constructed
 1104  so that it attracts or sustains hazardous bird movements from
 1105  feeding, water, or roosting areas into, or across, the runways
 1106  or approach and departure patterns of aircraft,. The political
 1107  subdivision shall request from the airport authority or other
 1108  governing body operating the airport a report on such bird
 1109  feeding or roosting areas that at the time of the request are
 1110  known to the airport. In preparing its report, the authority, or
 1111  other governing body, shall consider whether the landfill
 1112  operator will be required to incorporate bird management
 1113  techniques or other practices to minimize bird hazards to
 1114  airborne aircraft. The airport authority or other governing body
 1115  shall respond to the political subdivision no later than 30 days
 1116  after receipt of such request.
 1117         (c) Where an airport authority or other governing body
 1118  operating a publicly owned, public-use airport has conducted a
 1119  noise study in accordance with the provisions of 14 C.F.R. part
 1120  150, or where the public-use airport owner has established noise
 1121  contours pursuant to another public study approved by the
 1122  Federal Aviation Administration, incompatible uses, as
 1123  established in 14 C.F.R. part 150, appendix A noise study, or as
 1124  a part of an alternative FAA-approved public study, may not be
 1125  permitted within the noise contours established by that study,
 1126  except where such use is specifically contemplated by such study
 1127  with appropriate mitigation or similar techniques described in
 1128  the study neither residential construction nor any educational
 1129  facility as defined in chapter 1013, with the exception of
 1130  aviation school facilities, shall be permitted within the area
 1131  contiguous to the airport defined by an outer noise contour that
 1132  is considered incompatible with that type of construction by 14
 1133  C.F.R. part 150, Appendix A or an equivalent noise level as
 1134  established by other types of noise studies.
 1135         (d) Where an airport authority or other governing body
 1136  operating a publicly owned, public-use airport has not conducted
 1137  a noise study, neither residential construction nor any
 1138  educational facility as defined in chapter 1013, with the
 1139  exception of aviation school facilities, shall be permitted
 1140  within an area contiguous to the airport measuring one-half the
 1141  length of the longest runway on either side of and at the end of
 1142  each runway centerline.
 1143         (3) In the manner provided in subsection (1), airport
 1144  zoning regulations shall be adopted which restrict new
 1145  incompatible uses, activities, or substantial modifications to
 1146  existing incompatible uses construction within runway protection
 1147  clear zones shall be adopted , including uses, activities, or
 1148  construction in runway clear zones which are incompatible with
 1149  normal airport operations or endanger public health, safety, and
 1150  welfare by resulting in congregations of people, emissions of
 1151  light or smoke, or attraction of birds. Such regulations shall
 1152  prohibit the construction of an educational facility of a public
 1153  or private school at either end of a runway of a publicly owned,
 1154  public-use airport within an area which extends 5 miles in a
 1155  direct line along the centerline of the runway, and which has a
 1156  width measuring one-half the length of the runway. Exceptions
 1157  approving construction of an educational facility within the
 1158  delineated area shall only be granted when the political
 1159  subdivision administering the zoning regulations makes specific
 1160  findings detailing how the public policy reasons for allowing
 1161  the construction outweigh health and safety concerns prohibiting
 1162  such a location.
 1163         (4) The procedures outlined in subsections (1), (2), and
 1164  (3) for the adoption of such regulations are supplemental to any
 1165  existing procedures utilized by political subdivisions in the
 1166  adoption of such regulations.
 1167         (4)(5) The department of Transportation shall provide
 1168  technical assistance to any political subdivision requesting
 1169  assistance in the preparation of an airport zoning regulation
 1170  code. A copy of all local airport zoning codes, rules, and
 1171  regulations, and amendments and proposed and granted permits
 1172  variances thereto, shall be filed with the department. All
 1173  updates and amendments to local airport zoning codes, rules, and
 1174  regulations must be filed with the department within 30 days
 1175  after adoption.
 1176         (5)(6)Nothing in Subsection (2) and or subsection (3) may
 1177  not shall be construed to require the removal, alteration, sound
 1178  conditioning, or other change, or to interfere with the
 1179  continued use or adjacent expansion of any educational structure
 1180  or site in existence on July 1, 1993, or be construed to
 1181  prohibit the construction of any new structure for which a site
 1182  has been determined as provided in former s. 235.19, as of July
 1183  1, 1993.
 1184         (6) This section may not preclude an airport authority,
 1185  local government, or other governing body operating a public-use
 1186  airport from establishing airport protection zoning regulations
 1187  more restrictive than herein prescribed in order to protect the
 1188  safety and welfare of the public in the air and on the ground.
 1189         Section 15. Section 333.04, Florida Statutes, is amended to
 1190  read:
 1191         333.04 Comprehensive zoning regulations; most stringent to
 1192  prevail where conflicts occur.—
 1193         (1) INCORPORATION.—In the event that a political
 1194  subdivision has adopted, or hereafter adopts, a comprehensive
 1195  plan or policy zoning ordinance regulating, among other things,
 1196  the height of buildings, structures, and natural objects, and
 1197  uses of property, any airport zoning regulations applicable to
 1198  the same area or portion thereof may be incorporated in and made
 1199  a part of such comprehensive plans or policies zoning
 1200  regulations, and be administered and enforced in connection
 1201  therewith.
 1202         (2) CONFLICT.—In the event of conflict between any airport
 1203  zoning regulations adopted under this chapter and any other
 1204  regulations applicable to the same area, whether the conflict be
 1205  with respect to the height of structures or vegetation trees,
 1206  the use of land, or any other matter, and whether such
 1207  regulations were adopted by the political subdivision which
 1208  adopted the airport zoning regulations or by some other
 1209  political subdivision, the more stringent limitation or
 1210  requirement shall govern and prevail.
 1211         Section 16. Section 333.05, Florida Statutes, is amended to
 1212  read:
 1213         333.05 Procedure for adoption of zoning regulations.—
 1214         (1) NOTICE AND HEARING.—No Airport zoning regulations may
 1215  not shall be adopted, amended, or deleted changed under this
 1216  chapter except by action of the legislative body of the
 1217  political subdivision in question, or the joint board provided
 1218  in s. 333.03(1)(b) by the political subdivisions bodies therein
 1219  provided and set forth, after a public hearing in relation
 1220  thereto, at which parties in interest and citizens shall have an
 1221  opportunity to be heard. Notice of the hearing shall be
 1222  published at least once a week for 2 consecutive weeks in an
 1223  official paper, or a paper of general circulation, in the
 1224  political subdivision or subdivisions where in which are located
 1225  the airport zoning regulations are areas to be adopted, amended,
 1226  or deleted zoned.
 1227         (2) AIRPORT ZONING COMMISSION.—Prior to the initial zoning
 1228  of any airport area under this chapter the political subdivision
 1229  or joint airport zoning board which is to adopt, administer, and
 1230  enforce the regulations shall appoint a commission, to be known
 1231  as the airport zoning commission, to recommend the boundaries of
 1232  the various zones to be established and the regulations to be
 1233  adopted therefor. Such commission shall make a preliminary
 1234  report and hold public hearings thereon before submitting its
 1235  final report, and the legislative body of the political
 1236  subdivision or the joint airport zoning board shall not hold its
 1237  public hearings or take any action until it has received the
 1238  final report of such commission, and at least 15 days shall
 1239  elapse between the receipt of the final report of the commission
 1240  and the hearing to be held by the latter board. Where a planning
 1241  city plan commission, airport commission, or comprehensive
 1242  zoning commission already exists, it may be appointed as the
 1243  airport zoning commission.
 1244         Section 17. Section 333.06, Florida Statutes, is amended to
 1245  read:
 1246         333.06 Airport zoning requirements.—
 1247         (1) REASONABLENESS.—All airport zoning regulations adopted
 1248  under this chapter shall be reasonable and none shall not impose
 1249  any requirement or restriction which is not reasonably necessary
 1250  to effectuate the purposes of this chapter. In determining what
 1251  regulations it may adopt, each political subdivision and joint
 1252  airport zoning board shall consider, among other things, the
 1253  character of the flying operations expected to be conducted at
 1254  the airport, the nature of the terrain within the airport hazard
 1255  area and runway protection clear zones, the character of the
 1256  neighborhood, the uses to which the property to be zoned is put
 1257  and adaptable, and the impact of any new use, activity, or
 1258  construction on the airport’s operating capability and capacity.
 1259         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
 1260  zoning regulations adopted under this chapter is to provide both
 1261  airspace protection and land uses use compatible with airport
 1262  operations. Each aspect of this purpose requires independent
 1263  justification in order to promote the public interest in safety,
 1264  health, and general welfare. Specifically, construction in a
 1265  runway protection clear zone which does not exceed airspace
 1266  height restrictions is not conclusive evidence per se that such
 1267  use, activity, or construction is compatible with airport
 1268  operations.
 1269         (3) NONCONFORMING USES.—No airport protection zoning
 1270  regulations adopted under this chapter shall require the
 1271  removal, lowering, or other change or alteration of any
 1272  structure or vegetation tree not conforming to the regulations
 1273  when adopted or amended, or otherwise interfere with the
 1274  continuance of any nonconforming use, except as provided in s.
 1275  333.07(1) and (3).
 1276         (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
 1277  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
 1278  each public-use publicly owned and operated airport licensed by
 1279  the department of Transportation under chapter 330. The
 1280  authorized entity having responsibility for governing the
 1281  operation of the airport, when either requesting from or
 1282  submitting to a state or federal governmental agency with
 1283  funding or approval jurisdiction a “finding of no significant
 1284  impact,” an environmental assessment, a site-selection study, an
 1285  airport master plan, or any amendment to an airport master plan,
 1286  shall submit simultaneously a copy of said request, submittal,
 1287  assessment, study, plan, or amendments by certified mail to all
 1288  affected local governments. For the purposes of this subsection,
 1289  “affected local government” is defined as any city or county
 1290  having jurisdiction over the airport and any city or county
 1291  located within 2 miles of the boundaries of the land subject to
 1292  the airport master plan.
 1293         Section 18. Section 333.065, Florida Statutes, is repealed.
 1294         Section 19. Section 333.07, Florida Statutes, is amended to
 1295  read:
 1296         333.07 Local government permitting of airspace obstructions
 1297  Permits and variances.—
 1298         (1) PERMITS.—
 1299         (a) Any person proposing to erect, construct, or alter any
 1300  structure, increase the height of any structure, permit the
 1301  growth of any vegetation, or otherwise use his or her property
 1302  in violation of the airport protection zoning regulations
 1303  adopted under this chapter shall apply for a permit. A Any
 1304  airport zoning regulations adopted under this chapter may
 1305  require that a permit be obtained before any new structure or
 1306  use may be constructed or established and before any existing
 1307  use or structure may be substantially changed or substantially
 1308  altered or repaired. In any event, however, all such regulations
 1309  shall provide that before any nonconforming structure or tree
 1310  may be replaced, substantially altered or repaired, rebuilt,
 1311  allowed to grow higher, or replanted, a permit must be secured
 1312  from the administrative agency authorized to administer and
 1313  enforce the regulations, authorizing such replacement, change,
 1314  or repair. No permit may not shall be issued granted that would
 1315  allow the establishment or creation of an airport hazard or
 1316  would permit a nonconforming structure or vegetation tree or
 1317  nonconforming use to be made or become higher or to become a
 1318  greater hazard to air navigation than it was when the applicable
 1319  regulation was adopted or than it is when the application for a
 1320  permit is made.
 1321         (b) Whenever the political subdivision or its
 1322  administrative agency determines that a nonconforming use or
 1323  nonconforming structure or vegetation tree has been abandoned or
 1324  is more than 80 percent torn down, destroyed, deteriorated, or
 1325  decayed, a no permit may not shall be granted that would allow
 1326  the said structure or vegetation tree to exceed the applicable
 1327  height limit or otherwise deviate from the zoning regulations.;
 1328  and, Whether an application is made for a permit under this
 1329  subsection or not, the said agency may by appropriate action,
 1330  compel the owner of the nonconforming structure or vegetation
 1331  may be required tree, at his or her own expense, to lower,
 1332  remove, reconstruct, alter, or equip such object as may be
 1333  necessary to conform to the regulations. If the owner of the
 1334  nonconforming structure or vegetation neglects or refuses tree
 1335  shall neglect or refuse to comply with the such order for 10
 1336  days after notice thereof, the said agency may report the
 1337  violation to the political subdivision involved therein. The,
 1338  which subdivision, through its appropriate agency, may proceed
 1339  to have the object so lowered, removed, reconstructed, altered,
 1340  or equipped, and assess the cost and expense thereof upon the
 1341  object or the land where whereon it is or was located, and,
 1342  unless such an assessment is paid within 90 days from the
 1343  service of notice thereof on the owner or the owner’s agent, of
 1344  such object or land, the sum shall be a lien on said land, and
 1345  shall bear interest thereafter at the rate of 6 percent per
 1346  annum until paid, and shall be collected in the same manner as
 1347  taxes on real property are collected by said political
 1348  subdivision, or, at the option of said political subdivision,
 1349  said lien may be enforced in the manner provided for enforcement
 1350  of liens by chapter 85.
 1351         (c) Except as provided herein, applications for permits
 1352  shall be granted, provided the matter applied for meets the
 1353  provisions of this chapter and the regulations adopted and in
 1354  force hereunder.
 1355         (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
 1356  determining whether to issue or deny a permit, the political
 1357  subdivision or its administrative agency must consider the
 1358  following, as applicable:
 1359         (a) The safety of persons on the ground and in the air.
 1360         (b) The safe and efficient use of navigable airspace.
 1361         (c) The nature of the terrain and height of existing
 1362  structures.
 1363         (d) The construction or alteration of the proposed
 1364  structure on the state licensing standards for a public-use
 1365  airport, contained in chapter 330 and chapter 14-60 of the
 1366  Florida Administrative Code.
 1367         (e) The character of existing and planned flight operations
 1368  and developments at public-use airports.
 1369         (f) Federal airways; visual flight rules, flyways and
 1370  corridors; and instrument approaches as designated by the
 1371  Federal Aviation Administration.
 1372         (g) The construction or alteration of the proposed
 1373  structure on the minimum descent altitude or the decision height
 1374  at the affected airport.
 1375         (h) The cumulative effects on navigable airspace of all
 1376  existing structures, and all other known proposed structures in
 1377  the area.
 1378         (i) Requirements contained in s. 333.03(2) and (3).
 1379         (j) Additional requirements adopted by the local
 1380  jurisdiction pertinent to evaluation and protection of airspace
 1381  and airport operations.
 1382         (2) VARIANCES.—
 1383         (a) Any person desiring to erect any structure, increase
 1384  the height of any structure, permit the growth of any tree, or
 1385  otherwise use his or her property in violation of the airport
 1386  zoning regulations adopted under this chapter or any land
 1387  development regulation adopted pursuant to the provisions of
 1388  chapter 163 pertaining to airport land use compatibility, may
 1389  apply to the board of adjustment for a variance from the zoning
 1390  regulations in question. At the time of filing the application,
 1391  the applicant shall forward to the department by certified mail,
 1392  return receipt requested, a copy of the application. The
 1393  department shall have 45 days from receipt of the application to
 1394  comment and to provide its comments or waiver of that right to
 1395  the applicant and the board of adjustment. The department shall
 1396  include its explanation for any objections stated in its
 1397  comments. If the department fails to provide its comments within
 1398  45 days of receipt of the application, its right to comment is
 1399  waived. The board of adjustment may proceed with its
 1400  consideration of the application only upon the receipt of the
 1401  department’s comments or waiver of that right as demonstrated by
 1402  the filing of a copy of the return receipt with the board.
 1403  Noncompliance with this section shall be grounds to appeal
 1404  pursuant to s. 333.08 and to apply for judicial relief pursuant
 1405  to s. 333.11. Such variances may only be allowed where a literal
 1406  application or enforcement of the regulations would result in
 1407  practical difficulty or unnecessary hardship and where the
 1408  relief granted would not be contrary to the public interest but
 1409  would do substantial justice and be in accordance with the
 1410  spirit of the regulations and this chapter. However, any
 1411  variance may be allowed subject to any reasonable conditions
 1412  that the board of adjustment may deem necessary to effectuate
 1413  the purposes of this chapter.
 1414         (b) The Department of Transportation shall have the
 1415  authority to appeal any variance granted under this chapter
 1416  pursuant to s. 333.08, and to apply for judicial relief pursuant
 1417  to s. 333.11.
 1418         (3) OBSTRUCTION MARKING AND LIGHTING.—
 1419         (a) In issuing a granting any permit or variance under this
 1420  section, the political subdivision or its administrative agency
 1421  or board of adjustment shall require the owner of the structure
 1422  or vegetation tree in question to install, operate, and maintain
 1423  thereon, at his or her own expense, such marking and lighting in
 1424  conformance with the specific standards established by the
 1425  Federal Aviation Administration as may be necessary to indicate
 1426  to aircraft pilots the presence of an obstruction.
 1427         (b) Such marking and lighting shall conform to the specific
 1428  standards established by rule by the department of
 1429  Transportation.
 1430         (c) Existing structures not in compliance on October 1,
 1431  1988, shall be required to comply whenever the existing marking
 1432  requires refurbishment, whenever the existing lighting requires
 1433  replacement, or within 5 years of October 1, 1988, whichever
 1434  occurs first.
 1435         Section 20. Section 333.08, Florida Statutes, is repealed.
 1436         Section 21. Section 333.09, Florida Statutes, is amended to
 1437  read:
 1438         333.09 Administration of airport zoning regulations.—
 1439         (1)ADMINISTRATION AND ENFORCEMENT.—All airport zoning
 1440  regulations adopted under this chapter shall provide for the
 1441  administration and enforcement of such regulations by the
 1442  political subdivisions or their by an administrative agency
 1443  which may be an agency created by such regulations or any
 1444  official, board, or other existing agency of the political
 1445  subdivision adopting the regulations or of one of the political
 1446  subdivisions which participated in the creation of the joint
 1447  airport zoning board adopting the regulations, if satisfactory
 1448  to that political subdivision, but in no case shall such
 1449  administrative agency be or include any member of the board of
 1450  adjustment. The duties of any administrative agency designated
 1451  pursuant to this chapter shall include that of hearing and
 1452  deciding all permits under s. 333.07 s. 333.07(1), deciding all
 1453  matters under s. 333.07(3), as they pertain to such agency, and
 1454  all other matters under this chapter applying to said agency,
 1455  but such agency shall not have or exercise any of the powers
 1456  herein delegated to the board of adjustment.
 1457         (2) LOCAL GOVERNMENT PROCESS.—
 1458         (a) Any political subdivision required to adopt airport
 1459  zoning regulations under this chapter must provide a process to:
 1460         1.Issue or deny permits consistent with s. 333.07,
 1461  including requests for exceptions to airport zoning regulations.
 1462         2.Notify the department of receipt of a complete permit
 1463  application consistent with s. 333.025(4).
 1464         3.Enforce any permit, order, requirement, decision, or
 1465  determination made by the administrative agency with respect to
 1466  the airport zoning regulations.
 1467         (b) Where a zoning board or permitting body already exists
 1468  within a political subdivision, the zoning board or permitting
 1469  body may implement the permitting and appeals process.
 1470  Otherwise, the political subdivision shall implement the
 1471  permitting and appeals process in a manner consistent with its
 1472  constitutional powers and areas of jurisdiction.
 1473         (3) APPEALS.—
 1474         (a) Any person, political subdivision or its administrative
 1475  agency, or any joint airport zoning board, which contends that
 1476  the decision made by a political subdivision or its
 1477  administrative agency is an improper application of airport
 1478  zoning regulations may use the process established for an
 1479  appeal.
 1480         (b) All appeals taken under this section must be taken
 1481  within a reasonable time, as provided by the political
 1482  subdivision or its administrative agency, by filing with the
 1483  entity from which appeal is taken a notice of appeal specifying
 1484  the grounds for appeal.
 1485         (c) An appeal stays all proceedings in the underlying
 1486  action, unless the entity from which the appeal is taken
 1487  certifies pursuant to the rules for appeal that by reason of the
 1488  facts stated in the certificate, a stay would, in its opinion,
 1489  cause imminent peril to life or property. In that case,
 1490  proceedings may not be stayed except by an order of the
 1491  political subdivision or its administrative agency following
 1492  notice to the entity from which the appeal is taken and on good
 1493  cause shown.
 1494         (d) The political subdivision or its administrative agency
 1495  must set a reasonable time for the hearing of appeals, give
 1496  public notice and due notice to the parties in interest, and
 1497  decide the same within a reasonable time. At the hearing, a
 1498  party may appear in person, by agent, or by attorney.
 1499         (e) The political subdivision or its administrative agency
 1500  may, in conformity with the provisions of this chapter, reverse,
 1501  affirm, or modify the underlying order, requirement, decision,
 1502  or determination from which the appeal is taken.
 1503         Section 22. Section 333.10, Florida Statutes, is repealed.
 1504         Section 23. Section 333.11, Florida Statutes, is amended to
 1505  read:
 1506         333.11 Judicial review.—
 1507         (1) Any person, aggrieved, or taxpayer affected, by any
 1508  decision of a board of adjustment, or any governing body of a
 1509  political subdivision or its administrative agency, or the
 1510  Department of Transportation or any joint airport zoning board
 1511  affected by a decision of a political subdivision, or its of any
 1512  administrative agency hereunder, may apply for judicial relief
 1513  to the circuit court in the judicial circuit where the political
 1514  subdivision board of adjustment is located within 30 days after
 1515  rendition of the decision by the board of adjustment. Review
 1516  shall be by petition for writ of certiorari, which shall be
 1517  governed by the Florida Rules of Appellate Procedure.
 1518         (2) Upon presentation of such petition to the court, it may
 1519  allow a writ of certiorari, directed to the board of adjustment,
 1520  to review such decision of the board. The allowance of the writ
 1521  shall not stay the proceedings upon the decision appealed from,
 1522  but the court may, on application, on notice to the board, on
 1523  due hearing and due cause shown, grant a restraining order.
 1524         (3) The board of adjustment shall not be required to return
 1525  the original papers acted upon by it, but it shall be sufficient
 1526  to return certified or sworn copies thereof or of such portions
 1527  thereof as may be called for by the writ. The return shall
 1528  concisely set forth such other facts as may be pertinent and
 1529  material to show the grounds of the decision appealed from and
 1530  shall be verified.
 1531         (2)(4) The court shall have exclusive jurisdiction to
 1532  affirm, modify, or set aside the decision brought up for review,
 1533  in whole or in part, and if need be, to order further
 1534  proceedings by the political subdivision or its administrative
 1535  agency board of adjustment. The findings of fact by the
 1536  political subdivision or its administrative agency board, if
 1537  supported by substantial evidence, shall be accepted by the
 1538  court as conclusive. An, and no objection to a decision of the
 1539  political subdivision or its administrative agency may not board
 1540  shall be considered by the court unless such objection was
 1541  raised in the underlying proceeding shall have been urged before
 1542  the board, or, if it was not so urged, unless there were
 1543  reasonable grounds for failure to do so.
 1544         (3)(5)If In any case in which airport zoning regulations
 1545  adopted under this chapter, although generally reasonable, are
 1546  held by a court to interfere with the use and enjoyment of a
 1547  particular structure or parcel of land to such an extent, or to
 1548  be so onerous in their application to such a structure or parcel
 1549  of land, as to constitute a taking or deprivation of that
 1550  property in violation of the State Constitution or the
 1551  Constitution of the United States, such holding shall not affect
 1552  the application of such regulations to other structures and
 1553  parcels of land, or such regulations as are not involved in the
 1554  particular decision.
 1555         (4)(6)No Judicial appeal shall be or is not permitted
 1556  under this section, to any courts until the appellant has
 1557  exhausted all its remedies through application for local
 1558  government permits, exceptions, and appeals, as herein provided,
 1559  save and except an appeal from a decision of the board of
 1560  adjustment, the appeal herein provided being from such final
 1561  decision of such board only, the appellant being hereby required
 1562  to exhaust his or her remedies hereunder of application for
 1563  permits, exceptions and variances, and appeal to the board of
 1564  adjustment, and gaining a determination by said board, before
 1565  being permitted to appeal to the court hereunder.
 1566         Section 24. Section 333.12, Florida Statutes, is amended to
 1567  read:
 1568         333.12 Acquisition of air rights.—When In any case which:
 1569  it is desired to remove, lower or otherwise terminate a
 1570  nonconforming structure or use presents an air hazard and the
 1571  structure cannot be removed, lowered, or otherwise terminated;
 1572  or the approach protection necessary cannot, because of
 1573  constitutional limitations, be provided by airport regulations
 1574  under this chapter; or it appears advisable that the necessary
 1575  approach protection be provided by acquisition of property
 1576  rights rather than by airport zoning regulations, the political
 1577  subdivision within which the property or nonconforming use is
 1578  located, or the political subdivision owning or operating the
 1579  airport or being served by it, may acquire, by purchase, grant,
 1580  or condemnation in the manner provided by chapter 73, such air
 1581  right, avigation navigation easement conveying the airspace over
 1582  another property for use by the airport, or other estate,
 1583  portion or interest in the property or nonconforming structure
 1584  or use or such interest in the air above such property,
 1585  vegetation tree, structure, or use, in question, as may be
 1586  necessary to effectuate the purposes of this chapter, and in so
 1587  doing, if by condemnation, to have the right to take immediate
 1588  possession of the property, interest in property, air right, or
 1589  other right sought to be condemned, at the time, and in the
 1590  manner and form, and as authorized by chapter 74. In the case of
 1591  the purchase of any property, or any easement, or estate or
 1592  interest therein or the acquisition of the same by the power of
 1593  eminent domain, the political subdivision making such purchase
 1594  or exercising such power shall in addition to the damages for
 1595  the taking, injury, or destruction of property also pay the cost
 1596  of the removal and relocation of any structure or any public
 1597  utility which is required to be moved to a new location.
 1598         Section 25. Section 333.135, Florida Statutes, is created
 1599  to read:
 1600         333.135 Transition provisions.—
 1601         (1) A provision of an airport zoning regulation in effect
 1602  on July 1, 2015, that conflicts with this chapter must be
 1603  amended to conform to the requirements of this chapter by July
 1604  1, 2016.
 1605         (2) By October 1, 2017, a political subdivision having an
 1606  airport within its territorial limits, which has not adopted
 1607  airport zoning regulations, must adopt airport zoning
 1608  regulations which are consistent with this chapter.
 1609         (3) For those political subdivisions that have not yet
 1610  adopted airport zoning regulations pursuant to this chapter, the
 1611  department shall administer the permitting process as provided
 1612  in s. 333.025.
 1613         Section 26. Section 333.14, Florida Statutes, is repealed.
 1614         Section 27. Subsections (36) and (37) of section 334.03,
 1615  Florida Statutes, are amended to read:
 1616         334.03 Definitions.—When used in the Florida Transportation
 1617  Code, the term:
 1618         (36) “511” or “511 services” means all three-digit
 1619  telecommunications dialing to access interactive voice response
 1620  telephone traveler information services provided in the state to
 1621  include, but not be limited to, the terms as defined by the
 1622  Federal Communications Commission in FCC Order No. 00-256, July
 1623  31, 2000.
 1624         (37) “Interactive voice response” means a software
 1625  application that accepts a combination of voice telephone input
 1626  and touch-tone keypad selection and provides appropriate
 1627  responses in the form of voice, fax, callback, e-mail, and other
 1628  media.
 1629         Section 28. Subsection (31) of section 334.044, Florida
 1630  Statutes, is amended, and subsection (34) of that section is
 1631  created, to read:
 1632         334.044 Department; powers and duties.—The department shall
 1633  have the following general powers and duties:
 1634         (31) To provide oversight of traveler information systems
 1635  that may include the provision of interactive voice response
 1636  telephone systems accessible via the 511 services number as
 1637  assigned by the Federal Communications Commission for traveler
 1638  information services. The department shall ensure that uniform
 1639  standards and criteria for the collection and dissemination of
 1640  traveler information are applied using interactive voice
 1641  response systems.
 1642         (34) The department may assume responsibilities of the
 1643  United States Department of Transportation with respect to
 1644  highway projects within the state under the National
 1645  Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and
 1646  with respect to related responsibilities for environmental
 1647  review, consultation, or other action required under any federal
 1648  environmental law pertaining to review or approval of a highway
 1649  project within the state. The department may assume
 1650  responsibilities under 23 U.S.C. s. 327 and enter into one or
 1651  more agreements, including memoranda of understanding, with the
 1652  United States Secretary of Transportation related to the federal
 1653  surface transportation project delivery program for the delivery
 1654  of highway projects, as provided by 23 U.S.C. s. 327. The
 1655  department may adopt rules to implement this subsection and may
 1656  adopt relevant federal environmental standards as the standards
 1657  for this state for a program described in this subsection.
 1658  Sovereign immunity to civil suit in federal court is waived
 1659  consistent with 23 U.S.C. s. 327 and limited to the compliance,
 1660  discharge, or enforcement of a responsibility assumed by the
 1661  department under this subsection.
 1662         Section 29. Section 334.60, Florida Statutes, is amended to
 1663  read:
 1664         334.60 511 traveler information system.—The department is
 1665  the state’s lead agency for implementing 511 services and is the
 1666  state’s point of contact for coordinating all 511 services with
 1667  telecommunications service providers.
 1668         (1) The department shall:
 1669         (a)(1) Implement and administer 511 services in the state;
 1670         (b)(2) Coordinate with other transportation authorities in
 1671  the state to provide multimodal traveler information through 511
 1672  services and other means;
 1673         (c)(3) Develop uniform standards and criteria for the
 1674  collection and dissemination of traveler information using the
 1675  511 services number or other interactive voice response systems;
 1676  and
 1677         (d)(4) Enter into joint participation agreements or
 1678  contracts with highway authorities and public transit districts
 1679  to share the costs of implementing and administering 511
 1680  services in the state. The department may also enter into other
 1681  agreements or contracts with private firms relating to the 511
 1682  services to offset the costs of implementing and administering
 1683  511 services in the state.
 1684         (2) The department shall adopt rules to administer the
 1685  coordination of 511 traveler information phone services in the
 1686  state.
 1687         Section 30. Subsections (3) and (4) of section 335.065,
 1688  Florida Statutes, are amended to read:
 1689         335.065 Bicycle and pedestrian ways along state roads and
 1690  transportation facilities.—
 1691         (3) The department, in cooperation with the Department of
 1692  Environmental Protection, shall establish a statewide integrated
 1693  system of bicycle and pedestrian ways in such a manner as to
 1694  take full advantage of any such ways which are maintained by any
 1695  governmental entity. The department may enter into a concession
 1696  agreement with a not-for-profit entity or private sector
 1697  business or entity for commercial sponsorship displays on
 1698  multiuse trails and related facilities and use any concession
 1699  agreement revenues for the maintenance of the multiuse trails
 1700  and related facilities. Commercial sponsorship displays are
 1701  subject to the requirements of the Highway Beautification Act of
 1702  1965 and all federal laws and agreements, when applicable. For
 1703  the purposes of this section, bicycle facilities may be
 1704  established as part of or separate from the actual roadway and
 1705  may utilize existing road rights-of-way or other rights-of-way
 1706  or easements acquired for public use.
 1707         (a) A concession agreement shall be administered by the
 1708  department and must include the requirements of this section.
 1709         (b)1. Signage or displays erected under this section shall
 1710  comply with s. 337.407 and chapter 479 and shall be limited as
 1711  follows:
 1712         a. One large sign or display, not to exceed 16 square feet
 1713  in area, may be located at each trailhead or parking area.
 1714         b. One small sign or display, not to exceed 4 square feet
 1715  in area, may be located at each designated trail public access
 1716  point.
 1717         2. Before installation, each name or sponsorship display
 1718  must be approved by the department.
 1719         3. The department shall ensure that the size, color,
 1720  materials, construction, and location of all signs are
 1721  consistent with the management plan for the property and the
 1722  standards of the department, do not intrude on natural and
 1723  historic settings, and contain only a logo selected by the
 1724  sponsor and the following sponsorship wording:
 1725  
 1726         ...(Name of the sponsor)... proudly sponsors the costs
 1727         of maintaining the ...(Name of the greenway or
 1728         trail)....
 1729  
 1730         4. All costs of a display, including development,
 1731  construction, installation, operation, maintenance, and removal
 1732  costs, shall be paid by the concessionaire.
 1733         (c) A concession agreement shall be for a minimum of 1
 1734  year, but may be for a longer period under a multiyear
 1735  agreement, and may be terminated for just cause by the
 1736  department upon 60 days’ advance notice. Just cause for
 1737  termination of a concession agreement includes, but is not
 1738  limited to, violation of the terms of the concession agreement
 1739  or this section.
 1740         (4)(a) The department may use appropriated funds to support
 1741  the establishment of a statewide system of interconnected
 1742  multiuse trails and to pay the costs of planning, land
 1743  acquisition, design, and construction of such trails and related
 1744  facilities. The department shall give funding priority to
 1745  projects that:
 1746         1. Are identified by the Florida Greenways and Trails
 1747  Council as a priority within the Florida Greenways and Trails
 1748  System under chapter 260.
 1749         2. Support the transportation needs of bicyclists and
 1750  pedestrians.
 1751         3. Have national, statewide, or regional importance.
 1752         4. Facilitate an interconnected system of trails by
 1753  completing gaps between existing trails.
 1754         (b) A project funded under this subsection shall:
 1755         1. Be included in the department’s work program developed
 1756  in accordance with s. 339.135.
 1757         2. Be operated and maintained by an entity other than the
 1758  department upon completion of construction. The department is
 1759  not obligated to provide funds for the operation and maintenance
 1760  of the project.
 1761         Section 31. Section 335.21, Florida Statutes, is created to
 1762  read:
 1763         335.21 Governing bodies of independent special districts
 1764  regulating the operation of public vehicles on public highways.
 1765  Notwithstanding any provision of local law, the membership of
 1766  the governing body of any independent special district created
 1767  for the purpose of regulating the operation of public vehicles
 1768  upon the public highways under the jurisdiction of any such
 1769  independent special district shall consist of seven members.
 1770  Four members shall be appointed by the Governor, one member
 1771  shall be appointed by the governing body of the largest
 1772  municipality situated within the jurisdiction of the independent
 1773  special district, and two members shall be appointed by the
 1774  governing body of the county in which the independent special
 1775  district has jurisdiction. All appointees must be residents of
 1776  the county in which the independent special district has
 1777  jurisdiction. This section does not apply to any entity
 1778  authorized under s. 163.567 or under chapter 343, chapter 348,
 1779  or chapter 349.
 1780         Section 32. Subsection (4) of section 338.165, Florida
 1781  Statutes, is amended to read:
 1782         338.165 Continuation of tolls.—
 1783         (4) Notwithstanding any other law to the contrary, pursuant
 1784  to s. 11, Art. VII of the State Constitution, and subject to the
 1785  requirements of subsection (2), the Department of Transportation
 1786  may request the Division of Bond Finance to issue bonds secured
 1787  by toll revenues collected on the Alligator Alley, the Sunshine
 1788  Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
 1789  and the Pinellas Bayway to fund transportation projects located
 1790  within the county or counties in which the project is located
 1791  and contained in the adopted work program of the department.
 1792         Section 33. Subsection (5) is added to section 338.227,
 1793  Florida Statutes, to read:
 1794         338.227 Turnpike revenue bonds.—
 1795         (5) Notwithstanding s. 215.82, bonds issued pursuant to
 1796  this section are not required to be validated pursuant to
 1797  chapter 75, but may be validated at the option of the Division
 1798  of Bond Finance. Any complaint for such validation must be filed
 1799  in the circuit court of the county where the seat of state
 1800  government is situated. The notice required to be published by
 1801  s. 75.06 must be published only in the county where the
 1802  complaint is filed. The complaint and order of the circuit court
 1803  shall be served only on the state attorney of the circuit in
 1804  which the action is pending.
 1805         Section 34. Paragraph (c) of subsection (3) of section
 1806  338.231, Florida Statutes, and subsections (5) and (6) of that
 1807  section, are amended to read:
 1808         338.231 Turnpike tolls, fixing; pledge of tolls and other
 1809  revenues.—The department shall at all times fix, adjust, charge,
 1810  and collect such tolls and amounts for the use of the turnpike
 1811  system as are required in order to provide a fund sufficient
 1812  with other revenues of the turnpike system to pay the cost of
 1813  maintaining, improving, repairing, and operating such turnpike
 1814  system; to pay the principal of and interest on all bonds issued
 1815  to finance or refinance any portion of the turnpike system as
 1816  the same become due and payable; and to create reserves for all
 1817  such purposes.
 1818         (3)
 1819         (c) Notwithstanding any other provision of law to the
 1820  contrary, any prepaid toll account of any kind which has
 1821  remained inactive for 10 3 years shall be presumed unclaimed and
 1822  its disposition shall be handled by the Department of Financial
 1823  Services in accordance with all applicable provisions of chapter
 1824  717 relating to the disposition of unclaimed property, and the
 1825  prepaid toll account shall be closed by the department.
 1826         (5) In each fiscal year while any of the bonds of the
 1827  Broward County Expressway Authority series 1984 and series 1986
 1828  A remain outstanding, the department is authorized to pledge
 1829  revenues from the turnpike system to the payment of principal
 1830  and interest of such series of bonds and the operation and
 1831  maintenance expenses of the Sawgrass Expressway, to the extent
 1832  gross toll revenues of the Sawgrass Expressway are insufficient
 1833  to make such payments. The terms of an agreement relative to the
 1834  pledge of turnpike system revenue will be negotiated with the
 1835  parties of the 1984 and 1986 Broward County Expressway Authority
 1836  lease-purchase agreements, and subject to the covenants of those
 1837  agreements. The agreement must establish that the Sawgrass
 1838  Expressway is subject to the planning, management, and operating
 1839  control of the department limited only by the terms of the
 1840  lease-purchase agreements. The department shall provide for the
 1841  payment of operation and maintenance expenses of the Sawgrass
 1842  Expressway until such agreement is in effect. This pledge of
 1843  turnpike system revenues is subordinate to the debt service
 1844  requirements of any future issue of turnpike bonds, the payment
 1845  of turnpike system operation and maintenance expenses, and
 1846  subject to any subsequent resolution or trust indenture relating
 1847  to the issuance of such turnpike bonds.
 1848         (5)(6) The use and disposition of revenues pledged to bonds
 1849  are subject to ss. 338.22-338.241 and such regulations as the
 1850  resolution authorizing the issuance of the bonds or such trust
 1851  agreement may provide.
 1852         Section 35. Paragraph (c) of subsection (7) of section
 1853  339.175, Florida Statutes, is amended to read:
 1854         339.175 Metropolitan planning organization.—
 1855         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
 1856  develop a long-range transportation plan that addresses at least
 1857  a 20-year planning horizon. The plan must include both long
 1858  range and short-range strategies and must comply with all other
 1859  state and federal requirements. The prevailing principles to be
 1860  considered in the long-range transportation plan are: preserving
 1861  the existing transportation infrastructure; enhancing Florida’s
 1862  economic competitiveness; and improving travel choices to ensure
 1863  mobility. The long-range transportation plan must be consistent,
 1864  to the maximum extent feasible, with future land use elements
 1865  and the goals, objectives, and policies of the approved local
 1866  government comprehensive plans of the units of local government
 1867  located within the jurisdiction of the M.P.O. Each M.P.O. is
 1868  encouraged to consider strategies that integrate transportation
 1869  and land use planning to provide for sustainable development and
 1870  reduce greenhouse gas emissions. The approved long-range
 1871  transportation plan must be considered by local governments in
 1872  the development of the transportation elements in local
 1873  government comprehensive plans and any amendments thereto. The
 1874  long-range transportation plan must, at a minimum:
 1875         (c) Assess capital investment and other measures necessary
 1876  to:
 1877         1. Ensure the preservation of the existing metropolitan
 1878  transportation system including requirements for the operation,
 1879  resurfacing, restoration, and rehabilitation of major roadways
 1880  and requirements for the operation, maintenance, modernization,
 1881  and rehabilitation of public transportation facilities; and
 1882         2. Make the most efficient use of existing transportation
 1883  facilities to relieve vehicular congestion, improve safety, and
 1884  maximize the mobility of people and goods. Such efforts shall
 1885  include, but not be limited to, consideration of infrastructure
 1886  and technological improvements necessary to accommodate advances
 1887  in vehicle technology, such as autonomous vehicle technology and
 1888  other developments.
 1889  
 1890  In the development of its long-range transportation plan, each
 1891  M.P.O. must provide the public, affected public agencies,
 1892  representatives of transportation agency employees, freight
 1893  shippers, providers of freight transportation services, private
 1894  providers of transportation, representatives of users of public
 1895  transit, and other interested parties with a reasonable
 1896  opportunity to comment on the long-range transportation plan.
 1897  The long-range transportation plan must be approved by the
 1898  M.P.O.
 1899         Section 36.  Paragraph (c) is added to subsection (3) of
 1900  section 339.64, Florida Statutes, and paragraph (a) of
 1901  subsection (4) of that section is amended, to read:
 1902         339.64 Strategic Intermodal System Plan.—
 1903         (3)
 1904         (c) The department also shall coordinate with federal,
 1905  regional, and local partners, as well as industry
 1906  representatives, to consider infrastructure and technological
 1907  improvements necessary to accommodate advances in vehicle
 1908  technology, such as autonomous vehicle technology and other
 1909  developments, in Strategic Intermodal System facilities.
 1910         (4) The Strategic Intermodal System Plan shall include the
 1911  following:
 1912         (a) A needs assessment. Such assessment shall include, but
 1913  not be limited to, consideration of infrastructure and
 1914  technological improvements necessary to accommodate advances in
 1915  vehicle technology, such as autonomous vehicle technology and
 1916  other developments.
 1917         Section 37. Section 339.81, Florida Statutes, is created to
 1918  read:
 1919         339.81 Florida Shared-Use Nonmotorized Trail Network.—
 1920         (1) The Florida Shared-Use Nonmotorized Trail Network is
 1921  created as a component of the Florida Greenways and Trails
 1922  System established in chapter 260. The network consists of
 1923  multiuse trails or shared-use paths physically separated from
 1924  motor vehicle traffic and constructed with asphalt, concrete, or
 1925  another hard surface which, by virtue of design, location,
 1926  extent of connectivity or potential connectivity, and allowable
 1927  uses, provide nonmotorized transportation opportunities for
 1928  bicyclists and pedestrians between and within a wide range of
 1929  points of origin and destinations, including, but not limited
 1930  to, communities, conservation areas, state parks, beaches, and
 1931  other natural or cultural attractions for a variety of trip
 1932  purposes, including work, school, shopping, and other personal
 1933  business, as well as social, recreational, and personal fitness
 1934  purposes.
 1935         (2) Network components do not include sidewalks, nature
 1936  trails, loop trails wholly within a single park or natural area,
 1937  or on-road facilities, such as bicycle lanes or routes other
 1938  than:
 1939         (a) On-road facilities that are no greater than one-half
 1940  mile in length connecting two or more nonmotorized trails, if
 1941  the provision of non-road facilities is unfeasible and if such
 1942  on-road facilities are signed and marked for nonmotorized use;
 1943  or
 1944         (b) On-road components of the Florida Keys Overseas
 1945  Heritage Trail.
 1946         (3) The department shall include a project to be
 1947  constructed as part of the Shared-Use Nonmotorized Trail Network
 1948  in its work program developed pursuant to s. 339.135.
 1949         (4) The planning, development, operation, and maintenance
 1950  of the Shared-Use Nonmotorized Trail Network is declared to be a
 1951  public purpose, and the department, together with other agencies
 1952  of this state and all counties, municipalities, and special
 1953  districts of this state, may spend public funds for such
 1954  purposes and may accept gifts and grants of funds, property, or
 1955  property rights from public or private sources to be used for
 1956  such purposes.
 1957         (5) The department may enter into a memorandum of agreement
 1958  with a local government or other agency of the state to transfer
 1959  maintenance responsibilities of an individual network component.
 1960  The department may contract with a not-for-profit entity or
 1961  private sector business or entity to provide maintenance
 1962  services on an individual network component.
 1963         (6) The department may adopt rules to aid in the
 1964  development and maintenance of components of the network.
 1965         Section 38. Section 339.82, Florida Statutes, is created to
 1966  read:
 1967         339.82 Shared-Use Nonmotorized Trail Network Plan.—
 1968         (1) The department shall develop a Shared-Use Nonmotorized
 1969  Trail Network Plan in coordination with the Department of
 1970  Environmental Protection, metropolitan planning organizations,
 1971  affected local governments and public agencies, and the Florida
 1972  Greenways and Trails Council. The plan must be consistent with
 1973  the Florida Greenways and Trails Plan developed under s. 260.014
 1974  and must be updated at least once every 5 years.
 1975         (2) The Shared-Use Nonmotorized Trail Network Plan must
 1976  include all of the following:
 1977         (a) A needs assessment, including, but not limited to, a
 1978  comprehensive inventory and analysis of existing trails that may
 1979  be considered for inclusion in the Shared-Use Nonmotorized Trail
 1980  Network.
 1981         (b) A project prioritization process that includes
 1982  assigning funding priority to projects that:
 1983         1. Are identified by the Florida Greenways and Trails
 1984  Council as a priority within the Florida Greenways and Trails
 1985  System under chapter 260;
 1986         2. Facilitate an interconnected network of trails by
 1987  completing gaps between existing facilities; and
 1988         3. Maximize use of federal, local, and private funding and
 1989  support mechanisms, including, but not limited to, donation of
 1990  funds, real property, and maintenance responsibilities.
 1991         (c) A map illustrating existing and planned facilities and
 1992  identifying critical gaps between facilities.
 1993         (d) A finance plan based on reasonable projections of
 1994  anticipated revenues, including both 5-year and 10-year cost
 1995  feasible components.
 1996         (e) Performance measures that include quantifiable
 1997  increases in trail network access and connectivity.
 1998         (f) A timeline for the completion of the base network using
 1999  new and existing data from the department, the Department of
 2000  Environmental Protection, and other sources.
 2001         (g) A marketing plan prepared in consultation with the
 2002  Florida Tourism Industry Marketing Corporation.
 2003         Section 39. Section 339.83, Florida Statutes, is created to
 2004  read:
 2005         339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
 2006         (1) The department may enter into a concession agreement
 2007  with a not-for-profit entity or private sector business or
 2008  entity for commercial sponsorship signs, pavement markings, and
 2009  exhibits on nonmotorized trails and related facilities
 2010  constructed as part of the Shared-Use Nonmotorized Trail
 2011  Network. The concession agreement may also provide for
 2012  recognition of trail sponsors in any brochure, map, or website
 2013  providing trail information. Trail websites may provide links to
 2014  sponsors. Revenue from such agreements may be used for the
 2015  maintenance of the nonmotorized trails and related facilities.
 2016         (a) A concession agreement shall be administered by the
 2017  department.
 2018         (b)1. Signage, pavement markings, or exhibits erected
 2019  pursuant to this section must comply with s. 337.407 and chapter
 2020  479 and are limited as follows:
 2021         a. One large sign, pavement marking, or exhibit, not to
 2022  exceed 16 square feet in area, may be located at each trailhead
 2023  or parking area.
 2024         b. One small sign, pavement marking, or exhibit, not to
 2025  exceed 4 square feet in area, may be located at each designated
 2026  trail public access point where parking is not provided.
 2027         c. Pavement markings denoting specified distances must be
 2028  located at least 1 mile apart.
 2029         2. Before installation, each sign, pavement marking, or
 2030  exhibit must be approved by the department.
 2031         3. The department shall ensure that the size, color,
 2032  materials, construction, and location of all signs, pavement
 2033  markings, and exhibits are consistent with the management plan
 2034  for the property and the standards of the department, do not
 2035  intrude on natural and historic settings, and contain a logo
 2036  selected by the sponsor and the following sponsorship wording:
 2037  
 2038         ...(Name of the sponsor)... proudly sponsors the costs
 2039         of maintaining the ...(Name of the greenway or
 2040         trail)....
 2041  
 2042         4. Exhibits may provide additional information and
 2043  materials including, but not limited to, maps and brochures for
 2044  trail user services related or proximate to the trail. Pavement
 2045  markings may display mile marker information.
 2046         5. The costs of a sign, pavement marking, or exhibit,
 2047  including development, construction, installation, operation,
 2048  maintenance, and removal costs, shall be paid by the
 2049  concessionaire.
 2050         (c) A concession agreement shall be for a minimum of 1
 2051  year, but may be for a longer period under a multiyear
 2052  agreement, and may be terminated for just cause by the
 2053  department upon 60 days’ advance notice. Just cause for
 2054  termination of a concession agreement includes, but is not
 2055  limited to, violation of the terms of the concession agreement
 2056  or this section.
 2057         (2) Pursuant to s. 287.057, the department may contract for
 2058  the provision of services related to the trail sponsorship
 2059  program, including recruitment and qualification of businesses,
 2060  review of applications, permit issuance, and fabrication,
 2061  installation, and maintenance of signs, pavement markings, and
 2062  exhibits. The department may reject all proposals and seek
 2063  another request for proposals or otherwise perform the work. The
 2064  contract may allow the contractor to retain a portion of the
 2065  annual fees as compensation for its services.
 2066         (3) This section does not create a proprietary or
 2067  compensable interest in any sponsorship site or location for any
 2068  permittee, and the department may terminate permits or change
 2069  locations of sponsorship sites as it determines necessary for
 2070  construction or improvement of facilities.
 2071         (4) The department may adopt rules to establish
 2072  requirements for qualification of businesses, qualification and
 2073  location of sponsorship sites, and permit applications and
 2074  processing. The department may adopt rules to establish other
 2075  criteria necessary to implement this section and to provide for
 2076  variances when necessary to serve the interest of the public or
 2077  when required to ensure equitable treatment of program
 2078  participants.
 2079         Section 40. (1)The Office of Economic and Demographic
 2080  Research shall evaluate and determine the economic benefits, as
 2081  defined in s. 288.005(1), Florida Statutes, of the state’s
 2082  investment in the Department of Transportation’s adopted work
 2083  program developed in accordance with s. 339.135(5), Florida
 2084  Statutes, for fiscal year 2015-2016, including the following 4
 2085  fiscal years. At a minimum, a separate return on investment
 2086  shall be projected for each of the following areas:
 2087         (a) Roads and highways;
 2088         (b) Rails;
 2089         (c) Public transit;
 2090         (d) Aviation; and
 2091         (e) Seaports.
 2092  
 2093  The analysis is limited to the funding anticipated by the
 2094  adopted work program, but may address the continuing economic
 2095  impact for those transportation projects in the 5 years beyond
 2096  the conclusion of the adopted work program. The analysis must
 2097  also evaluate the number of jobs created, the increase or
 2098  decrease in personal income, and the impact on gross domestic
 2099  product from the direct, indirect, and induced effects on the
 2100  state’s investment in each area.
 2101         (2) The Department of Transportation and each of its
 2102  district offices shall provide the Office of Economic and
 2103  Demographic Research full access to all data necessary to
 2104  complete the analysis, including any confidential data.
 2105         (3) The Office of Economic and Demographic Research shall
 2106  submit the analysis to the President of the Senate and the
 2107  Speaker of the House of Representatives by January 1, 2016.
 2108         Section 41. Section 341.0532, Florida Statutes, is
 2109  repealed.
 2110         Section 42.The Division of Law Revision and Information is
 2111  directed to create chapter 345, Florida Statutes, consisting of
 2112  ss. 345.0001-345.0014, Florida Statutes, to be entitled the
 2113  “Northwest Florida Regional Transportation Finance Authority.”
 2114         Section 43. Section 345.0001, Florida Statutes, is created
 2115  to read:
 2116         345.0001 Short title.—This act may be cited as the
 2117  “Northwest Florida Regional Transportation Finance Authority
 2118  Act.”
 2119         Section 44. Section 345.0002, Florida Statutes, is created
 2120  to read:
 2121         345.0002 Definitions.—As used in this chapter, the term:
 2122         (1)“Agency of the state” means the state and any
 2123  department of, or any corporation, agency, or instrumentality
 2124  created, designated, or established by, the state.
 2125         (2)“Area served” means Escambia County. However, upon a
 2126  contiguous county’s consent to inclusion within the area served
 2127  by the authority and with the agreement of the authority, the
 2128  term shall also include the geographical area of such county
 2129  contiguous to Escambia County.
 2130         (3)“Authority” means the Northwest Florida Regional
 2131  Transportation Finance Authority, a body politic and corporate,
 2132  and an agency of the state, established under this chapter.
 2133         (4)“Bonds” means the notes, bonds, refunding bonds, or
 2134  other evidences of indebtedness or obligations, in temporary or
 2135  definitive form, which the authority may issue under this
 2136  chapter.
 2137         (5)“Department” means the Department of Transportation.
 2138         (6)“Division” means the Division of Bond Finance of the
 2139  State Board of Administration.
 2140         (7)“Federal agency” means the United States, the President
 2141  of the United States, and any department of, or any bureau,
 2142  corporation, agency, or instrumentality created, designated, or
 2143  established by, the United States Government.
 2144         (8)“Members” means the governing body of the authority,
 2145  and the term “member” means one of the individuals constituting
 2146  such governing body.
 2147         (9)“Regional system” or “system” means, generally, a
 2148  modern system of roads, bridges, causeways, tunnels, and mass
 2149  transit services within the area of the authority, with access
 2150  limited or unlimited as the authority may determine, and the
 2151  buildings and structures and appurtenances and facilities
 2152  related to the system, including all approaches, streets, roads,
 2153  bridges, and avenues of access for the system.
 2154         (10)“Revenues” means the tolls, revenues, rates, fees,
 2155  charges, receipts, rentals, contributions, and other income
 2156  derived from or in connection with the operation or ownership of
 2157  a regional system, including the proceeds of any use and
 2158  occupancy insurance on any portion of the system, but excluding
 2159  state funds available to the authority and any other municipal
 2160  or county funds available to the authority under an agreement
 2161  with a municipality or county.
 2162         Section 45. Section 18. Section 345.0003, Florida Statutes,
 2163  is created to read:
 2164         345.0003 Regional transportation finance authority
 2165  formation and membership.—
 2166         (1) Escambia County, alone or together with any consenting
 2167  contiguous county, may form a regional finance authority for the
 2168  purposes of constructing, maintaining, and operating
 2169  transportation projects in the northwest region of this state.
 2170  The authority shall be governed in accordance with this chapter.
 2171  The area served by the authority may not be expanded beyond
 2172  Escambia County without the approval of the county commission of
 2173  each contiguous county that will be a part of the authority.
 2174         (2) The governing body of the authority shall consist of a
 2175  board of voting members as follows:
 2176         (a)The county commission of each county in the area served
 2177  by the authority shall appoint two members. Each member must be
 2178  a resident of the county from which he or she is appointed and,
 2179  if possible, must represent the business and civic interests of
 2180  the community.
 2181         (b)The Governor shall appoint an equal number of members
 2182  to the board as those appointed by the county commissions. The
 2183  members appointed by the Governor must be residents of the area
 2184  served by the authority.
 2185         (c)The district secretary of the department serving in the
 2186  district that includes Escambia County.
 2187         (3) The term of office of each member shall be for 4 years
 2188  or until his or her successor is appointed and qualified.
 2189         (4) A member may not hold an elected office during the term
 2190  of his or her membership.
 2191         (5)A vacancy occurring in the governing body before the
 2192  expiration of the member’s term shall be filled for the
 2193  remainder of the unexpired term by the respective appointing
 2194  authority in the same manner as the original appointment.
 2195         (6)Before entering upon his or her official duties, each
 2196  member must take and subscribe to an oath before an official
 2197  authorized by law to administer oaths that he or she will
 2198  honestly, faithfully, and impartially perform the duties of his
 2199  or her office as a member of the governing body of the authority
 2200  and that he or she will not neglect any duties imposed on him or
 2201  her by this chapter.
 2202         (7) The Governor may remove from office a member of the
 2203  authority for misconduct, malfeasance, misfeasance, or
 2204  nonfeasance in office.
 2205         (8)Members of the authority shall designate a chair from
 2206  among the membership.
 2207         (9)Members of the authority shall serve without
 2208  compensation, but are entitled to reimbursement for per diem and
 2209  other expenses in accordance with s. 112.061 while in
 2210  performance of their official duties.
 2211         (10)A majority of the members of the authority shall
 2212  constitute a quorum, and resolutions enacted or adopted by a
 2213  vote of a majority of the members present and voting at any
 2214  meeting are effective without publication, posting, or any
 2215  further action of the authority.
 2216         Section 46. Section 345.0004, Florida Statutes, is created
 2217  to read:
 2218         345.0004 Powers and duties.—
 2219         (1)The authority shall plan, develop, finance, construct,
 2220  reconstruct, improve, own, operate, and maintain a regional
 2221  system in the area served by the authority. The authority may
 2222  not exercise these powers with respect to an existing system for
 2223  transporting people and goods by any means that is owned by
 2224  another entity without the consent of that entity. If the
 2225  authority acquires, purchases, or inherits an existing entity,
 2226  the authority shall inherit and assume all rights, assets,
 2227  appropriations, privileges, and obligations of the existing
 2228  entity.
 2229         (2)The authority may exercise all powers necessary,
 2230  appurtenant, convenient, or incidental to the carrying out of
 2231  the purposes of this section, including, but not limited to, the
 2232  following rights and powers:
 2233         (a)To sue and be sued, implead and be impleaded, and
 2234  complain and defend in all courts in its own name.
 2235         (b)To adopt and use a corporate seal.
 2236         (c)To have the power of eminent domain, including the
 2237  procedural powers granted under chapters 73 and 74.
 2238         (d)To acquire, purchase, hold, lease as a lessee, and use
 2239  any property, real, personal, or mixed, tangible or intangible,
 2240  or any interest therein, necessary or desirable for carrying out
 2241  the purposes of the authority.
 2242         (e)To sell, convey, exchange, lease, or otherwise dispose
 2243  of any real or personal property acquired by the authority,
 2244  including air rights, which the authority and the department
 2245  have determined is not needed for the construction, operation,
 2246  and maintenance of the system.
 2247         (f)To fix, alter, charge, establish, and collect rates,
 2248  fees, rentals, and other charges for the use of any system owned
 2249  or operated by the authority, which rates, fees, rentals, and
 2250  other charges must be sufficient to comply with any covenants
 2251  made with the holders of any bonds issued under this act. This
 2252  right and power may be assigned or delegated by the authority to
 2253  the department.
 2254         (g)To borrow money; to make and issue negotiable notes,
 2255  bonds, refunding bonds, and other evidences of indebtedness or
 2256  obligations, in temporary or definitive form, to finance all or
 2257  part of the improvement of the authority’s system and
 2258  appurtenant facilities, including the approaches, streets,
 2259  roads, bridges, and avenues of access for the system and for any
 2260  other purpose authorized by this chapter, the bonds to mature no
 2261  more than 30 years after the date of the issuance; to secure the
 2262  payment of such bonds or any part thereof by a pledge of its
 2263  revenues, rates, fees, rentals, or other charges, including
 2264  municipal or county funds received by the authority under an
 2265  agreement between the authority and a municipality or county;
 2266  and, in general, to provide for the security of the bonds and
 2267  the rights and remedies of the holders of the bonds. However,
 2268  municipal or county funds may not be pledged for the
 2269  construction of a project for which a toll is to be charged
 2270  unless the anticipated tolls are reasonably estimated by the
 2271  governing board of the municipality or county, on the date of
 2272  its resolution pledging the funds, to be sufficient to cover the
 2273  principal and interest of such obligations during the period
 2274  when the pledge of funds is in effect.
 2275         1.The authority shall reimburse a municipality or county
 2276  for sums spent from municipal or county funds used for the
 2277  payment of the bond obligations.
 2278         2.If the authority elects to fund or refund bonds issued
 2279  by the authority before the maturity of the bonds, the proceeds
 2280  of the funding or refunding bonds, pending the prior redemption
 2281  of the bonds to be funded or refunded, shall be invested in
 2282  direct obligations of the United States, and the outstanding
 2283  bonds may be funded or refunded by the issuance of bonds under
 2284  this chapter.
 2285         (h)To make contracts of every name and nature, including,
 2286  but not limited to, partnerships providing for participation in
 2287  ownership and revenues, and to execute each instrument necessary
 2288  or convenient for the conduct of its business.
 2289         (i)Without limitation of the foregoing, to cooperate with,
 2290  to accept grants from, and to enter into contracts or other
 2291  transactions with any federal agency, the state, or any agency
 2292  or any other public body of the state.
 2293         (j)To employ an executive director, attorney, staff, and
 2294  consultants. Upon the request of the authority, the department
 2295  shall furnish the services of a department employee to act as
 2296  the executive director of the authority.
 2297         (k)To accept funds or other property from private
 2298  donations.
 2299         (l)To act and do things necessary or convenient for the
 2300  conduct of its business and the general welfare of the
 2301  authority, in order to carry out the powers granted to it by
 2302  this act or any other law.
 2303         (3)The authority may not pledge the credit or taxing power
 2304  of the state or a political subdivision or agency of the state.
 2305  Obligations of the authority may not be considered to be
 2306  obligations of the state or of any other political subdivision
 2307  or agency of the state. Except for the authority, the state or
 2308  any political subdivision or agency of the state is not liable
 2309  for the payment of the principal of or interest on such
 2310  obligations.
 2311         (4)The authority may not, other than by consent of the
 2312  affected county or an affected municipality, enter into an
 2313  agreement that would legally prohibit the construction of a road
 2314  by the county or the municipality.
 2315         (5)The authority shall comply with the statutory
 2316  requirements of general application which relate to the filing
 2317  of a report or documentation required by law, including the
 2318  requirements of ss. 189.015, 189.016, 189.051, and 189.08.
 2319         Section 47. Section 345.0005, Florida Statutes, is created
 2320  to read:
 2321         345.0005 Bonds.—
 2322         (1)Bonds may be issued on behalf of the authority pursuant
 2323  to the State Bond Act in such principal amount as the authority
 2324  determines is necessary to achieve its corporate purposes,
 2325  including construction, reconstruction, improvement, extension,
 2326  and repair of the regional system; the acquisition cost of real
 2327  property; interest on bonds during construction and for a
 2328  reasonable period thereafter; and establishment of reserves to
 2329  secure bonds.
 2330         (2) Bonds issued on behalf of the authority under
 2331  subsection (1) must:
 2332         (a)Be authorized by resolution of the members of the
 2333  authority and bear such date or dates; mature at such time or
 2334  times not exceeding 30 years after their respective dates; bear
 2335  interest at a rate or rates not exceeding the maximum rate fixed
 2336  by general law for authorities; be in such denominations; be in
 2337  such form, either coupon or fully registered; carry such
 2338  registration, exchangeability, and interchangeability
 2339  privileges; be payable in such medium of payment and at such
 2340  place or places; be subject to such terms of redemption; and be
 2341  entitled to such priorities of lien on the revenues and other
 2342  available moneys as such resolution or any resolution after the
 2343  bonds’ issuance provides.
 2344         (b)Be sold at public sale in the manner provided in the
 2345  State Bond Act. Temporary bonds or interim certificates may be
 2346  issued to the purchaser or purchasers of such bonds pending the
 2347  preparation of definitive bonds and may contain such terms and
 2348  conditions as determined by the authority.
 2349         (3)A resolution that authorizes bonds may specify
 2350  provisions that must be part of the contract with the holders of
 2351  the bonds as to:
 2352         (a)The pledging of all or any part of the revenues,
 2353  available municipal or county funds, or other charges or
 2354  receipts of the authority derived from the regional system.
 2355         (b)The construction, reconstruction, improvement,
 2356  extension, repair, maintenance, and operation of the system, or
 2357  any part or parts of the system, and the duties and obligations
 2358  of the authority with reference thereto.
 2359         (c)Limitations on the purposes to which the proceeds of
 2360  the bonds, then or thereafter issued, or of any loan or grant by
 2361  any federal agency or the state or any political subdivision of
 2362  the state may be applied.
 2363         (d)The fixing, charging, establishing, revising,
 2364  increasing, reducing, and collecting of tolls, rates, fees,
 2365  rentals, or other charges for use of the services and facilities
 2366  of the system or any part of the system.
 2367         (e)The setting aside of reserves or sinking funds and the
 2368  regulation and disposition of such reserves or sinking funds.
 2369         (f)Limitations on the issuance of additional bonds.
 2370         (g)The terms of any deed of trust or indenture securing
 2371  the bonds, or under which the bonds may be issued.
 2372         (h)Any other or additional matters, of like or different
 2373  character, which in any way affect the security or protection of
 2374  the bonds.
 2375         (4)The authority may enter into deeds of trust,
 2376  indentures, or other agreements with banks or trust companies
 2377  within or without the state, as security for such bonds, and
 2378  may, under such agreements, assign and pledge any of the
 2379  revenues and other available moneys, including any available
 2380  municipal or county funds, under the terms of this chapter. The
 2381  deed of trust, indenture, or other agreement may contain
 2382  provisions that are customary in such instruments or that the
 2383  authority may authorize, including, but without limitation,
 2384  provisions that:
 2385         (a)Pledge any part of the revenues or other moneys
 2386  lawfully available.
 2387         (b)Apply funds and safeguard funds on hand or on deposit.
 2388         (c)Provide for the rights and remedies of the trustee and
 2389  the holders of the bonds.
 2390         (d)Provide for the terms of the bonds or for resolutions
 2391  authorizing the issuance of the bonds.
 2392         (e)Provide for any additional matters, of like or
 2393  different character, which affect the security or protection of
 2394  the bonds.
 2395         (5)Bonds issued under this act are negotiable instruments
 2396  and have the qualities and incidents of negotiable instruments
 2397  under the law merchant and the negotiable instruments law of the
 2398  state.
 2399         (6) A resolution that authorizes the issuance of authority
 2400  bonds and pledges the revenues of the system must require that
 2401  revenues of the system be periodically deposited into
 2402  appropriate accounts in sufficient sums to pay the costs of
 2403  operation and maintenance of the system for the current fiscal
 2404  year as set forth in the annual budget of the authority and to
 2405  reimburse the department for any unreimbursed costs of operation
 2406  and maintenance of the system from prior fiscal years before
 2407  revenues of the system are deposited into accounts for the
 2408  payment of interest or principal owing or that may become owing
 2409  on such bonds.
 2410         (7) State funds may not be used or pledged to pay the
 2411  principal of or interest on any authority bonds, and all such
 2412  bonds must contain a statement on their face to this effect.
 2413         Section 48. Section 345.0006, Florida Statutes, is created
 2414  to read:
 2415         345.0006 Remedies of bondholders.—
 2416         (1)The rights and the remedies granted to authority
 2417  bondholders under this chapter are in addition to and not in
 2418  limitation of any rights and remedies lawfully granted to such
 2419  bondholders by the resolution or indenture providing for the
 2420  issuance of bonds, or by any deed of trust, indenture, or other
 2421  agreement under which the bonds may be issued or secured. If the
 2422  authority defaults in the payment of the principal or interest
 2423  on the bonds issued under this chapter after such principal or
 2424  interest becomes due, whether at maturity or upon call for
 2425  redemption, as provided in the resolution or indenture, and such
 2426  default continues for 30 days, or if the authority fails or
 2427  refuses to comply with this chapter or any agreement made with,
 2428  or for the benefit of, the holders of the bonds, the holders of
 2429  25 percent in aggregate principal amount of the bonds then
 2430  outstanding are entitled as of right to the appointment of a
 2431  trustee to represent such bondholders for the purposes of the
 2432  default if the holders of 25 percent in aggregate principal
 2433  amount of the bonds then outstanding first give written notice
 2434  to the authority and to the department of their intention to
 2435  appoint a trustee.
 2436         (2)The trustee and a trustee under a deed of trust,
 2437  indenture, or other agreement may, or upon the written request
 2438  of the holders of 25 percent or such other percentages specified
 2439  in any deed of trust, indenture, or other agreement, in
 2440  principal amount of the bonds then outstanding, shall, in any
 2441  court of competent jurisdiction, in its own name:
 2442         (a)By mandamus or other suit, action, or proceeding at
 2443  law, or in equity, enforce all rights of the bondholders,
 2444  including the right to require the authority to fix, establish,
 2445  maintain, collect, and charge rates, fees, rentals, and other
 2446  charges, adequate to carry out any agreement as to, or pledge
 2447  of, the revenues, and to require the authority to carry out any
 2448  other covenants and agreements with or for the benefit of the
 2449  bondholders, and to perform its and their duties under this
 2450  chapter.
 2451         (b)Bring suit upon the bonds.
 2452         (c)By action or suit in equity, require the authority to
 2453  account as if it were the trustee of an express trust for the
 2454  bondholders.
 2455         (d)By action or suit in equity, enjoin any acts or things
 2456  that may be unlawful or in violation of the rights of the
 2457  bondholders.
 2458         (3)A trustee, if appointed under this section or acting
 2459  under a deed of trust, indenture, or other agreement, and
 2460  regardless of whether all bonds have been declared due and
 2461  payable, is entitled to the appointment of a receiver. The
 2462  receiver may enter upon and take possession of the system or the
 2463  facilities or any part or parts of the system, the revenues, and
 2464  other pledged moneys, for and on behalf of and in the name of,
 2465  the authority and the bondholders. The receiver may collect and
 2466  receive revenues and other pledged moneys in the same manner as
 2467  the authority. The receiver shall deposit such revenues and
 2468  moneys in a separate account and apply all such revenues and
 2469  moneys remaining after allowance for payment of all costs of
 2470  operation and maintenance of the system in such manner as the
 2471  court directs. In a suit, action, or proceeding by the trustee,
 2472  the fees, counsel fees, and expenses of the trustee, and the
 2473  receiver, if any, and all costs and disbursements allowed by the
 2474  court must be a first charge on any revenues after payment of
 2475  the costs of operation and maintenance of the system. The
 2476  trustee also has all other powers necessary or appropriate for
 2477  the exercise of any functions specifically described in this
 2478  section or incident to the representation of the bondholders in
 2479  the enforcement and protection of their rights.
 2480         (4)A receiver appointed pursuant to this section to
 2481  operate and maintain the system or a facility or a part of a
 2482  facility may not sell, assign, mortgage, or otherwise dispose of
 2483  any of the assets belonging to the authority. The powers of the
 2484  receiver are limited to the operation and maintenance of the
 2485  system or any facility or part of a facility and to the
 2486  collection and application of revenues and other moneys due the
 2487  authority, in the name and for and on behalf of the authority
 2488  and the bondholders. A holder of bonds or a trustee does not
 2489  have the right in any suit, action, or proceeding, at law or in
 2490  equity, to compel a receiver, or a receiver may not be
 2491  authorized or a court may not direct a receiver, to sell,
 2492  assign, mortgage, or otherwise dispose of any assets of whatever
 2493  kind or character belonging to the authority.
 2494         Section 49. Section 345.0007, Florida Statutes, is created
 2495  to read:
 2496         345.0007 Department to construct, operate, and maintain
 2497  facilities.—
 2498         (1) The department is the agent of the authority for the
 2499  purpose of performing all phases of a project, including, but
 2500  not limited to, constructing improvements and extensions to the
 2501  system, with the exception of the transit facilities. The
 2502  division and the authority shall provide to the department
 2503  complete copies of the documents, agreements, resolutions,
 2504  contracts, and instruments that relate to the project and shall
 2505  request that the department perform the construction work,
 2506  including the planning, surveying, design, and actual
 2507  construction of the completion of, extensions of, and
 2508  improvements to the system. After the issuance of bonds to
 2509  finance construction of an improvement or addition to the
 2510  system, the division and the authority shall transfer to the
 2511  credit of an account of the department in the State Treasury the
 2512  necessary funds for construction. The department shall proceed
 2513  with construction and use the funds for the purpose authorized
 2514  by law for construction of roads and bridges. The authority may
 2515  alternatively, with the consent and approval of the department,
 2516  elect to appoint a local agency certified by the department to
 2517  administer federal aid projects in accordance with federal law
 2518  as the authority’s agent for the purpose of performing each
 2519  phase of a project.
 2520         (2) Notwithstanding subsection (1), the department is the
 2521  agent of the authority for the purpose of operating and
 2522  maintaining the system, with the exception of transit
 2523  facilities. The costs incurred by the department for operation
 2524  and maintenance shall be reimbursed from revenues of the system.
 2525  The appointment of the department as agent for the authority
 2526  does not create an independent obligation on the part of the
 2527  department to operate and maintain a system. The authority shall
 2528  remain obligated as principal to operate and maintain its
 2529  system, and the authority’s bondholders do not have an
 2530  independent right to compel the department to operate or
 2531  maintain the authority’s system.
 2532         (3)The authority shall fix, alter, charge, establish, and
 2533  collect tolls, rates, fees, rentals, and other charges for the
 2534  authority’s facilities, as otherwise provided in this chapter.
 2535         Section 50. Section 345.0008, Florida Statutes, is created
 2536  to read:
 2537         345.0008 Department contributions to authority projects.—
 2538         (1)Subject to appropriation by the Legislature, the
 2539  department may, at the request of the authority, pay all or part
 2540  of the cost of financial, engineering, or traffic feasibility
 2541  studies or of the design, financing, acquisition, or
 2542  construction of an authority project or portion of the system
 2543  that is included in the 10-year Strategic Intermodal Plan.
 2544         (a)Pursuant to chapter 216, the department shall include
 2545  funding for such payments in its legislative budget request. The
 2546  request for funding may be included in the 5-year Tentative Work
 2547  Program developed under s. 339.135; however, it must appear as a
 2548  distinct funding item in the legislative budget request and must
 2549  be supported by a financial feasibility test provided by the
 2550  department.
 2551         (b) Funding provided for authority projects shall appear in
 2552  the General Appropriations Act as a distinct fixed capital
 2553  outlay item and must clearly identify the related authority
 2554  project.
 2555         (c) The department may not make a budget request to fund
 2556  the acquisition or construction of a proposed authority project
 2557  unless the estimated net revenues of the proposed project will
 2558  be sufficient to pay at least 50 percent of the annual debt
 2559  service on the bonds associated with the project by the end of
 2560  12 years of operation and at least 100 percent of the debt
 2561  service on the bonds by the end of 30 years of operation.
 2562         (2) The department may use its engineers and other
 2563  personnel, including consulting engineers and traffic engineers,
 2564  to conduct the feasibility studies authorized under subsection
 2565  (1).
 2566         (3) The department may participate in authority-funded
 2567  projects that, at a minimum:
 2568         (a) Serve national, statewide, or regional functions and
 2569  function as part of an integrated regional transportation
 2570  system.
 2571         (b) Are identified in the capital improvements element of a
 2572  comprehensive plan that has been determined to be in compliance
 2573  with part II of chapter 163. Further, the project shall be in
 2574  compliance with local government comprehensive plan policies
 2575  relative to corridor management.
 2576         (c) Are consistent with the Strategic Intermodal System
 2577  Plan developed under s. 339.64.
 2578         (d) Have a commitment for local, regional, or private
 2579  financial matching funds as a percentage of the overall project
 2580  cost.
 2581         (4) Before approval, the department must determine that the
 2582  proposed project:
 2583         (a) Is in the public’s best interest;
 2584         (b) Does not require state funding, unless the project is
 2585  on the State Highway System;
 2586         (c) Has adequate safeguards in place to ensure that no
 2587  additional costs will be imposed on or service disruptions will
 2588  affect the traveling public and residents of this state if the
 2589  department cancels or defaults on the agreement; and
 2590         (d) Has adequate safeguards in place to ensure that the
 2591  department and the authority have the opportunity to add
 2592  capacity to the proposed project and other transportation
 2593  facilities serving similar origins and destinations.
 2594         (5) An obligation or expense incurred by the department
 2595  under this section is a part of the cost of the authority
 2596  project for which the obligation or expense was incurred. The
 2597  department may require that money contributed by the department
 2598  under this section be repaid from tolls of the project on which
 2599  the money was spent, other revenue of the authority, or other
 2600  sources of funds.
 2601         (6)The department shall receive from the authority a share
 2602  of the authority’s net revenues equal to the ratio of the
 2603  department’s total contributions to the authority under this
 2604  section to the sum of: the department’s total contributions
 2605  under this section; contributions by any local government to the
 2606  cost of revenue-producing authority projects; and the sale
 2607  proceeds of authority bonds after payment of costs of issuance.
 2608  For the purpose of this subsection, the net revenues of the
 2609  authority are determined by deducting from gross revenues the
 2610  payment of debt service, administrative expenses, operations and
 2611  maintenance expenses, and all reserves required to be
 2612  established under any resolution under which authority bonds are
 2613  issued.
 2614         Section 51. Section 345.0009, Florida Statutes, is created
 2615  to read:
 2616         345.0009 Acquisition of lands and property.—
 2617         (1)For the purposes of this chapter, the authority may
 2618  acquire private or public property and property rights,
 2619  including rights of access, air, view, and light, by gift,
 2620  devise, purchase, condemnation by eminent domain proceedings, or
 2621  transfer from another political subdivision of the state, as the
 2622  authority may find necessary for any of the purposes of this
 2623  chapter, including, but not limited to, any lands reasonably
 2624  necessary for securing applicable permits, areas necessary for
 2625  management of access, borrow pits, drainage ditches, water
 2626  retention areas, rest areas, replacement access for landowners
 2627  whose access is impaired due to the construction of a facility,
 2628  and replacement rights-of-way for relocated rail and utility
 2629  facilities; for existing, proposed, or anticipated
 2630  transportation facilities on the system or in a transportation
 2631  corridor designated by the authority; or for the purposes of
 2632  screening, relocation, removal, or disposal of junkyards and
 2633  scrap metal processing facilities. Each authority shall also
 2634  have the power to condemn any material and property necessary
 2635  for such purposes.
 2636         (2)The authority shall exercise the right of eminent
 2637  domain conferred under this section in the manner provided by
 2638  law.
 2639         (3)An authority that acquires property for a
 2640  transportation facility or in a transportation corridor is not
 2641  liable under chapter 376 or chapter 403 for preexisting soil or
 2642  groundwater contamination due solely to its ownership. This
 2643  section does not affect the rights or liabilities of any past or
 2644  future owners of the acquired property or the liability of any
 2645  governmental entity for the results of its actions which create
 2646  or exacerbate a pollution source. The authority and the
 2647  Department of Environmental Protection may enter into
 2648  interagency agreements for the performance, funding, and
 2649  reimbursement of the investigative and remedial acts necessary
 2650  for property acquired by the authority.
 2651         Section 52. Section 345.001, Florida Statutes, is created
 2652  to read:
 2653         345.001 Cooperation with other units, boards, agencies, and
 2654  individuals.—A county, municipality, drainage district, road and
 2655  bridge district, school district, or any other political
 2656  subdivision, board, commission, or individual in, or of, the
 2657  state may make and enter into a contract, lease, conveyance,
 2658  partnership, or other agreement with the authority which
 2659  complies with this chapter. The authority may make and enter
 2660  into contracts, leases, conveyances, partnerships, and other
 2661  agreements with any political subdivision, agency, or
 2662  instrumentality of the state and any federal agency,
 2663  corporation, or individual to carry out the purposes of this
 2664  chapter.
 2665         Section 53. Section 345.0011, Florida Statutes, is created
 2666  to read:
 2667         345.0011 Covenant of the state.—The state pledges to, and
 2668  agrees with, any person, firm, or corporation, or federal or
 2669  state agency subscribing to or acquiring the bonds to be issued
 2670  by the authority for the purposes of this chapter that the state
 2671  will not limit or alter the rights vested by this chapter in the
 2672  authority and the department until all bonds at any time issued,
 2673  together with the interest thereon, are fully paid and
 2674  discharged insofar as the rights vested in the authority and the
 2675  department affect the rights of the holders of bonds issued
 2676  under this chapter. The state further pledges to, and agrees
 2677  with, the United States that if a federal agency constructs or
 2678  contributes any funds for the completion, extension, or
 2679  improvement of the system, or any parts of the system, the state
 2680  will not alter or limit the rights and powers of the authority
 2681  and the department in any manner that is inconsistent with the
 2682  continued maintenance and operation of the system or the
 2683  completion, extension, or improvement of the system, or that
 2684  would be inconsistent with the due performance of any agreements
 2685  between the authority and any such federal agency, and the
 2686  authority and the department shall continue to have and may
 2687  exercise all powers granted in this section, so long as the
 2688  powers are necessary or desirable to carry out the purposes of
 2689  this chapter and the purposes of the United States in the
 2690  completion, extension, or improvement of the system, or any part
 2691  of the system.
 2692         Section 54. Section 345.0012, Florida Statutes, is created
 2693  to read:
 2694         345.0012 Exemption from taxation.—The authority created
 2695  under this chapter is for the benefit of the people of the
 2696  state, for the increase of their commerce and prosperity, and
 2697  for the improvement of their health and living conditions. The
 2698  authority performs essential governmental functions under this
 2699  chapter, therefore, the authority is not required to pay any
 2700  taxes or assessments of any kind or nature upon any property
 2701  acquired or used by it for such purposes, or upon any rates,
 2702  fees, rentals, receipts, income, or charges received by it.
 2703  Also, the bonds issued by the authority, their transfer and the
 2704  income from their issuance, including any profits made on the
 2705  sale of the bonds, shall be free from taxation by the state or
 2706  by any political subdivision, taxing agency, or instrumentality
 2707  of the state. The exemption granted by this section does not
 2708  apply to any tax imposed by chapter 220 on interest, income, or
 2709  profits on debt obligations owned by corporations.
 2710         Section 55. Section 345.0013, Florida Statutes, is created
 2711  to read:
 2712         345.0013 Eligibility for investments and security.—Bonds or
 2713  other obligations issued under this chapter are legal
 2714  investments for banks, savings banks, trustees, executors,
 2715  administrators, and all other fiduciaries, and for all state,
 2716  municipal, and other public funds, and are also securities
 2717  eligible for deposit as security for all state, municipal, or
 2718  other public funds, notwithstanding any other law to the
 2719  contrary.
 2720         Section 56. Section 345.0014, Florida Statutes, is created
 2721  to read:
 2722         345.0014 Applicability.—
 2723         (1)The powers conferred by this chapter are in addition to
 2724  the powers conferred by other laws and do not repeal any other
 2725  general or special law or local ordinance, but supplement them,
 2726  and provide a complete method for the exercise of the powers
 2727  granted in this chapter. The extension and improvement of a
 2728  system, and the issuance of bonds under this chapter to finance
 2729  all or part of the cost of such extension or improvement, may be
 2730  accomplished through compliance with this chapter without regard
 2731  to or necessity for compliance with the limitations or
 2732  restrictions contained in any other general, special, or local
 2733  law, including, but not limited to, s. 215.821. Approval of any
 2734  bonds issued under this act by the qualified electors or
 2735  qualified electors who are freeholders in the state or in any
 2736  political subdivision of the state is not required for the
 2737  issuance of such bonds under this chapter.
 2738         (2)This act does not repeal, rescind, or modify any other
 2739  law relating to the State Board of Administration, the
 2740  Department of Transportation, or the Division of Bond Finance of
 2741  the State Board of Administration; however, this chapter
 2742  supersedes any other law that is inconsistent with its
 2743  provisions, including, but not limited to, s. 215.821.
 2744         Section 57. (1)LEGISLATIVE FINDINGS AND INTENT.—The
 2745  Legislature recognizes that the existing fuel tax structure used
 2746  to derive revenues for the funding of transportation projects in
 2747  this state will soon be inadequate to meet the state’s needs. To
 2748  address this emerging need, the Legislature directs the Center
 2749  for Urban Transportation Research to establish an extensive
 2750  study on the impact of implementing a system that charges
 2751  drivers based on the vehicle miles traveled as an alternative,
 2752  sustainable source of transportation funding and to establish
 2753  the framework for implementation of a pilot demonstration
 2754  project. The Legislature recognizes that, over time, the current
 2755  fuel tax structure has become less viable as the primary funding
 2756  source for transportation projects. While the fuel tax has
 2757  functioned as a true user fee for decades, significant increases
 2758  in mandated vehicle fuel efficiency and the introduction of
 2759  electric and hybrid vehicles have significantly eroded the
 2760  revenues derived from this tax. The Legislature also recognizes
 2761  that there are legitimate privacy concerns related to a tax
 2762  mechanism that would charge users of the highway system on the
 2763  basis of miles traveled. Other concerns include the cost of
 2764  implementing such a system and institutional issues associated
 2765  with revenue sharing. Therefore, it is the intent of the
 2766  Legislature that this study and demonstration design will, at a
 2767  minimum, address these issues. To accomplish this task, the
 2768  Center for Urban Transportation Research in consultation with
 2769  the Florida Transportation Commission shall establish a project
 2770  advisory board to assist the center in analyzing this
 2771  alternative funding concept and in developing specific elements
 2772  of the pilot project that will demonstrate the feasibility of
 2773  transitioning Florida to a transportation funding system based
 2774  on vehicle miles traveled.
 2775         (2)VEHICLE-MILES-TRAVELED STUDY.—The Center for Urban
 2776  Transportation Research shall conduct a study on the viability
 2777  of implementing a system in this state which charges drivers
 2778  based on their vehicle miles traveled as an alternative to the
 2779  present fuel tax structure to fund transportation projects. The
 2780  study will inventory previous research and findings from pilot
 2781  projects being conducted in other states. The study will address
 2782  at a minimum previous work conducted in these broad areas:
 2783  assessment of technologies; behavioral and privacy concerns;
 2784  equity impacts; and policy implications of a vehicle miles
 2785  traveled road charging system. The effort will also quantify the
 2786  current costs to collect traditional highway user fees. This
 2787  study will synthesize findings of completed research and
 2788  demonstrations in the area of vehicle-miles-traveled charges and
 2789  analyze their applicability to Florida. The Center for Urban
 2790  Transportation Research shall present the findings of this study
 2791  phase to the Legislature no later than January 30, 2016.
 2792         (3)VEHICLE-MILES-TRAVELED PILOT PROJECT DESIGN.—
 2793         (a)In the course of the study, the Center for Urban
 2794  Transportation Research in consultation with the Florida
 2795  Transportation Commission shall establish the framework for a
 2796  pilot project that will evaluate the feasibility of implementing
 2797  a system that charges drivers based on their vehicle miles
 2798  traveled.
 2799         (b)In the design of the pilot project framework, the
 2800  Center for Urban Transportation Research shall address at a
 2801  minimum these elements: the geographic location for the pilot;
 2802  special fleets or classes of vehicles; evaluation criteria for
 2803  the demonstration; consumer choice in the method of reporting
 2804  miles traveled; privacy options for participants in the pilot
 2805  project; the recording of miles traveled with and without
 2806  locational information; records retention and destruction; and
 2807  cyber security.
 2808         (c) Contingent upon legislative appropriation, the Center
 2809  for Urban Transportation Research may expend up to $400,000 for
 2810  the study and pilot project design.
 2811         (d) The pilot project design shall be completed no later
 2812  than December 31, 2016, and submitted in a report to the
 2813  Legislature so that implementation of a pilot project can occur
 2814  in 2017.
 2815         Section 58. For the purpose of incorporating the amendment
 2816  made by this act to section 333.01, Florida Statutes, in a
 2817  reference thereto, subsection (6) of section 350.81, Florida
 2818  Statutes, is reenacted to read:
 2819         350.81 Communications services offered by governmental
 2820  entities.—
 2821         (6) To ensure the safe and secure transportation of
 2822  passengers and freight through an airport facility, as defined
 2823  in s. 159.27(17), an airport authority or other governmental
 2824  entity that provides or is proposing to provide communications
 2825  services only within the boundaries of its airport layout plan,
 2826  as defined in s. 333.01(6), to subscribers which are integral
 2827  and essential to the safe and secure transportation of
 2828  passengers and freight through the airport facility, is exempt
 2829  from this section. An airport authority or other governmental
 2830  entity that provides or is proposing to provide shared-tenant
 2831  service under s. 364.339, but not dial tone enabling subscribers
 2832  to complete calls outside the airport layout plan, to one or
 2833  more subscribers within its airport layout plan which are not
 2834  integral and essential to the safe and secure transportation of
 2835  passengers and freight through the airport facility is exempt
 2836  from this section. An airport authority or other governmental
 2837  entity that provides or is proposing to provide communications
 2838  services to one or more subscribers within its airport layout
 2839  plan which are not integral and essential to the safe and secure
 2840  transportation of passengers and freight through the airport
 2841  facility, or to one or more subscribers outside its airport
 2842  layout plan, is not exempt from this section. By way of example
 2843  and not limitation, the integral, essential subscribers may
 2844  include airlines and emergency service entities, and the
 2845  nonintegral, nonessential subscribers may include retail shops,
 2846  restaurants, hotels, or rental car companies.
 2847         Section 59. This act shall take effect July 1, 2015.