Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1220
Ì394774MÎ394774
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/04/2026 10:03 AM .
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Senator Massullo moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 303 - 1293
4 and insert:
5 personal delivery devices and mobile carriers in a manner
6 consistent with this chapter.
7 2. A personal delivery device may not be operated on the
8 Florida Shared-Use Nonmotorized Trail Network created under s.
9 339.81 or components of the Florida Greenways and Trails System
10 created under chapter 260 or in state forests, state parks, or
11 wildlife management areas.
12 3. A personal delivery device or mobile carrier may not be
13 operated within a theme park or entertainment complex as defined
14 in s. 509.013(9), a state correctional institution as defined in
15 s. 944.02, a county detention facility, a county residential
16 probation center, a municipal detention facility, a reduced
17 custody housing area as defined in s. 951.23(1), or a detention
18 center or facility as defined in s. 985.03.
19 (c) A county or municipality may not enact, impose, levy,
20 collect, or enforce a fee for operating personal delivery
21 devices, except as expressly authorized by state statute.
22 Section 7. Paragraph (a) of subsection (1) and subsection
23 (3) of section 316.126, Florida Statutes, are amended to read:
24 316.126 Operation of vehicles and actions of pedestrians;
25 approach of authorized emergency, sanitation, or utility service
26 vehicle, wrecker, or road and bridge maintenance or construction
27 vehicle; presence of disabled motor vehicle.—
28 (1)(a) Upon the immediate approach of an authorized
29 emergency vehicle, while en route to meet an existing emergency,
30 the driver of every other vehicle shall, when such emergency
31 vehicle is giving audible signals by siren, exhaust whistle, or
32 other adequate device, or visible signals by the use of
33 flashing, oscillating, rotating, or similarly activated
34 displayed blue or red lights, yield the right-of-way to the
35 emergency vehicle and shall immediately proceed to a position
36 parallel to, and as close as reasonable to the closest edge of
37 the curb of the roadway, clear of any intersection and shall
38 stop and remain in position until the authorized emergency
39 vehicle has passed, unless otherwise directed by a law
40 enforcement officer. The use of cruise lights by an authorized
41 emergency vehicle is not a visible signal that requires a driver
42 to yield the right-of-way. For purposes of this paragraph, the
43 term “cruise lights” means low intensity, continuously
44 illuminated blue or red lights displayed on an authorized
45 emergency vehicle which remain on while the vehicle is in
46 service but not actively engaged in an emergency response.
47 (3) An authorized emergency vehicle, when en route to meet
48 an existing emergency, shall warn all other vehicular traffic
49 along the emergency route by an audible signal, siren, exhaust
50 whistle, or other adequate device or by a visible signal by the
51 use of flashing, oscillating, rotating, or similarly activated
52 displayed blue or red lights. While en route to such emergency,
53 the emergency vehicle shall otherwise proceed in a manner
54 consistent with the laws regulating vehicular traffic upon the
55 highways of this state.
56 Section 8. Subsections (1) and (3) of section 316.2071,
57 Florida Statutes, are amended, and subsections (5) and (6) are
58 added to that section, to read:
59 316.2071 Personal delivery devices and mobile carriers.—
60 (1) Notwithstanding any other provision of law to the
61 contrary, a personal delivery device may operate on sidewalks,
62 crosswalks, bicycle lanes, and bicycle paths and on the
63 shoulders of streets, roadways, and highways, not including
64 limited access facilities, and a or mobile carrier may operate
65 on sidewalks and crosswalks, subject to s. 316.008(7)(b). A
66 personal delivery device or mobile carrier operating on a
67 sidewalk or crosswalk has all the rights and duties applicable
68 to a pedestrian under the same circumstances. A, except that the
69 personal delivery device or mobile carrier may must not
70 unreasonably interfere with pedestrians, bicycles, or motor
71 vehicles traffic and must yield the right-of-way to pedestrians
72 on the sidewalk or crosswalk.
73 (3)(a) A personal delivery device and a mobile carrier may
74 not do any of the following:
75 1.(a) Operate on a sidewalk, crosswalk, bicycle lane, or
76 bicycle path or on the shoulder of a street, roadway, or highway
77 unless the personal delivery device meets minimum criteria
78 established by the Department of Transportation and a human
79 operator is capable of controlling and monitoring the navigation
80 and operation of the personal delivery device public highway
81 except to the extent necessary to cross a crosswalk.
82 2. Transport hazardous materials as defined in s. 316.003.
83 3. Operate on a limited access facility.
84 (b) A mobile carrier may not do any of the following:
85 1. Operate on a public highway except to the extent
86 necessary to cross a crosswalk.
87 2. Operate on a sidewalk or crosswalk unless the personal
88 delivery device operator is actively controlling or monitoring
89 the navigation and operation of the personal delivery device or
90 a mobile carrier owner remains within 25 feet of the mobile
91 carrier.
92 3.(c) Transport hazardous materials as defined in s.
93 316.003.
94 4.(d) For mobile carriers, Transport persons or animals.
95 (5) A personal delivery device or mobile carrier may not
96 operate within a theme park or entertainment complex as defined
97 in s. 509.013(9), a state correctional institution as defined in
98 s. 944.02, a county detention facility, a county residential
99 probation center, a municipal detention facility, a reduced
100 custody housing area as defined in s. 951.23(1), or a detention
101 center or facility as defined in s. 985.03.
102 (6) The Department of Transportation may adopt rules to
103 implement this section.
104 Section 9. Subsection (9) of section 318.14, Florida
105 Statutes, is amended to read:
106 318.14 Noncriminal traffic infractions; exception;
107 procedures.—
108 (9) Any person who does not hold a commercial driver
109 license or commercial learner’s permit and who is cited while
110 driving a noncommercial motor vehicle for an infraction under
111 this section other than a violation of s. 316.183(2), s.
112 316.187, or s. 316.189 when the driver exceeds the posted limit
113 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
114 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
115 lieu of a court appearance, elect to attend in the location of
116 his or her choice within this state a basic driver improvement
117 course approved by the Department of Highway Safety and Motor
118 Vehicles. In such a case, adjudication must be withheld, any
119 civil penalty that is imposed by s. 318.18(3) must be reduced by
120 18 percent, and points, as provided by s. 322.27, may not be
121 assessed. However, a person may not make an election under this
122 subsection if the person has made an election under this
123 subsection in the preceding 12 months or has made more than
124 eight elections under this subsection in the preceding 20 years.
125 A person may not make more than eight elections within his or
126 her lifetime under this subsection. The requirement for
127 community service under s. 318.18(8) is not waived by a plea of
128 nolo contendere or by the withholding of adjudication of guilt
129 by a court.
130 Section 10. Paragraph (b) of subsection (1) of section
131 320.06, Florida Statutes, is amended to read:
132 320.06 Registration certificates, license plates, and
133 validation stickers generally.—
134 (1)
135 (b)1. Registration license plates bearing a graphic symbol
136 and the alphanumeric system of identification shall be issued
137 for a 10-year period. At the end of the 10-year period, upon
138 renewal, the plate shall be replaced. The department shall
139 extend the scheduled license plate replacement date from a 6
140 year period to a 10-year period. The fee for such replacement is
141 $28, $2.80 of which shall be paid each year before the plate is
142 replaced, to be credited toward the next $28 replacement fee.
143 The fees shall be deposited into the Highway Safety Operating
144 Trust Fund. A credit or refund may not be given for any prior
145 years’ payments of the prorated replacement fee if the plate is
146 replaced or surrendered before the end of the 10-year period,
147 except that a credit may be given if a registrant is required by
148 the department to replace a license plate under s.
149 320.08056(8)(a). With each license plate, a validation sticker
150 shall be issued showing the owner’s birth month, license plate
151 number, and the year of expiration or the appropriate renewal
152 period if the owner is not a natural person. The validation
153 sticker shall be placed on the upper right corner of the license
154 plate. The license plate and validation sticker shall be issued
155 based on the applicant’s appropriate renewal period. The
156 registration period is 12 months, the extended registration
157 period is 24 months, and all expirations occur based on the
158 applicant’s appropriate registration period. Rental vehicles
159 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
160 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) (4)(a)-(d) may
161 elect a permanent registration period, provided payment of the
162 appropriate license taxes and fees occurs annually.
163 2. Beginning July 1, 2024, a vehicle registered in
164 accordance with the International Registration Plan must be
165 issued a license plate for a 3-year period. At the end of the 3
166 year period, upon renewal, the license plate must be replaced.
167 Each license plate must include a validation sticker showing the
168 month of expiration. A cab card denoting the declared gross
169 vehicle weight for each apportioned jurisdiction must be issued
170 annually. The fee for an original or a renewal cab card is $28,
171 which must be deposited into the Highway Safety Operating Trust
172 Fund. If the license plate is damaged or worn, it may be
173 replaced at no charge by applying to the department and
174 surrendering the current license plate.
175 3. In order to retain the efficient administration of the
176 taxes and fees imposed by this chapter, the 80-cent fee increase
177 in the replacement fee imposed by chapter 2009-71, Laws of
178 Florida, is negated as provided in s. 320.0804.
179 Section 11. Subsection (16) and paragraph (a) of subsection
180 (36) of section 320.64, Florida Statutes, are amended, and
181 subsection (44) is added to that section, to read:
182 320.64 Denial, suspension, or revocation of license;
183 grounds.—A license of a licensee under s. 320.61 may be denied,
184 suspended, or revoked within the entire state or at any specific
185 location or locations within the state at which the applicant or
186 licensee engages or proposes to engage in business, upon proof
187 that the section was violated with sufficient frequency to
188 establish a pattern of wrongdoing, and a licensee or applicant
189 shall be liable for claims and remedies provided in ss. 320.695
190 and 320.697 for any violation of any of the following
191 provisions. A licensee is prohibited from committing the
192 following acts:
193 (16)(a) Notwithstanding the terms of any franchise
194 agreement, the applicant or licensee prevents or refuses to
195 accept the succession to any interest in a franchise agreement
196 by any legal heir or devisee under the will of a motor vehicle
197 dealer or under the laws of descent and distribution of this
198 state; provided, the applicant or licensee is not required to
199 accept a succession:
200 1. When where such heir or devisee does not meet licensee’s
201 written, reasonable, and uniformly applied minimal standard
202 qualifications for dealer applicants;
203 2. or Which, after notice and administrative hearing
204 pursuant to chapter 120, is demonstrated to be detrimental to
205 the public interest or to the representation of the applicant or
206 licensee; or
207 3. When the direct result of such succession will cause the
208 applicant or licensee to be in violation of subsection (44).
209 (b) This subsection does not Nothing contained herein,
210 however, shall prevent a motor vehicle dealer, during his or her
211 lifetime, from designating any person as his or her successor in
212 interest by written instrument filed with and accepted by the
213 applicant or licensee. A licensee who rejects the successor
214 transferee under this subsection shall have the burden of
215 establishing in any proceeding where such rejection is in issue
216 that the rejection of the successor transferee complies with
217 this subsection.
218 (36)(a) Notwithstanding the terms of any franchise
219 agreement, in addition to any other statutory or contractual
220 rights of recovery after the voluntary or involuntary
221 termination, cancellation, or nonrenewal of a franchise, failing
222 to pay the motor vehicle dealer, as provided in paragraph (d),
223 the following amounts:
224 1. The net cost paid by the dealer for each new motor
225 vehicle other than motorcycles car or truck in the dealer’s
226 inventory with mileage of 2,000 miles or less, or each new a
227 motorcycle in the dealer’s inventory with mileage of 100 miles
228 or less, exclusive of mileage placed on the motor vehicle before
229 it was delivered to the dealer.
230 2. The current price charged for each new, unused,
231 undamaged, or unsold part or accessory that:
232 a. Is in the current parts catalog and is still in the
233 original, resalable merchandising package and in an unbroken
234 lot, except that sheet metal may be in a comparable substitute
235 for the original package; and
236 b. Was purchased by the dealer directly from the
237 manufacturer or distributor or from an outgoing authorized
238 dealer as a part of the dealer’s initial inventory.
239 3. The fair market value of each undamaged sign owned by
240 the dealer which bears a trademark or trade name used or claimed
241 by the applicant or licensee or its representative which was
242 purchased from or at the request of the applicant or licensee or
243 its representative.
244 4. The fair market value of all special tools, data
245 processing equipment, and automotive service equipment owned by
246 the dealer which:
247 a. Were recommended in writing by the applicant or licensee
248 or its representative and designated as special tools and
249 equipment;
250 b. Were purchased from or at the request of the applicant
251 or licensee or its representative; and
252 c. Are in usable and good condition except for reasonable
253 wear and tear.
254 5. The cost of transporting, handling, packing, storing,
255 and loading any property subject to repurchase under this
256 section.
257 (44)(a) The applicant or licensee has directly or
258 indirectly distributed 1,000 or more motor vehicles of a
259 particular line-make to motor vehicle dealers in this state
260 during any 12-month period and has directly or indirectly
261 distributed more than 33.33 percent of those same line-make
262 motor vehicles during that 12-month period to one motor vehicle
263 dealer or to multiple motor vehicle dealers that share common
264 ownership or control. For purposes of this subsection, a motor
265 vehicle dealer shares common ownership or control with another
266 motor vehicle dealer if:
267 1. It is directly or indirectly controlled by or has more
268 than 30 percent of its equity interest directly or indirectly
269 owned by another motor vehicle dealer; or
270 2. It has more than 30 percent of its equity interest
271 directly or indirectly controlled or owned by one or more
272 persons who also directly or indirectly control or own more than
273 30 percent of the equity interests of another motor vehicle
274 dealer.
275 (b) This subsection does not apply to any line-make of
276 motor vehicle for which there exists a licensed franchised
277 dealer in this state as of January 1, 2026, or to an applicant
278 or licensee who is not prohibited by s. 320.645 from owning or
279 operating a motor vehicle dealership.
280
281 A motor vehicle dealer who can demonstrate that a violation of,
282 or failure to comply with, any of the preceding provisions by an
283 applicant or licensee will or may adversely and pecuniarily
284 affect the complaining dealer, shall be entitled to pursue all
285 of the remedies, procedures, and rights of recovery available
286 under ss. 320.695 and 320.697.
287 Section 12. Subsections (1) and (2) of section 320.643,
288 Florida Statutes, are amended to read:
289 320.643 Transfer, assignment, or sale of franchise
290 agreements.—
291 (1)(a) Notwithstanding the terms of any franchise
292 agreement, a licensee may shall not, by contract or otherwise,
293 fail or refuse to give effect to, prevent, prohibit, or penalize
294 or attempt to refuse to give effect to, prohibit, or penalize
295 any motor vehicle dealer from selling, assigning, transferring,
296 alienating, or otherwise disposing of its franchise agreement to
297 any other person or persons, including a corporation established
298 or existing for the purpose of owning or holding a franchise
299 agreement, unless the licensee proves at a hearing pursuant to a
300 complaint filed by a motor vehicle dealer under this section
301 that the sale, transfer, alienation, or other disposition:
302 1. Is to a person who is not, or whose controlling
303 executive management is not, of good moral character;
304 2. Is to a person who or does not meet the written,
305 reasonable, and uniformly applied standards or qualifications of
306 the licensee relating to financial qualifications of the
307 transferee and business experience of the transferee or the
308 transferee’s executive management; or
309 3. Would directly cause the licensee to be in violation of
310 s. 320.64(44).
311 (b) A motor vehicle dealer who desires to sell, assign,
312 transfer, alienate, or otherwise dispose of a franchise shall
313 notify, or cause the proposed transferee to notify, the
314 licensee, in writing, setting forth the prospective transferee’s
315 name, address, financial qualifications, and business experience
316 during the previous 5 years. A licensee who receives such notice
317 may, within 60 days following such receipt, notify the motor
318 vehicle dealer, in writing, that the proposed transferee is not
319 a person qualified to be a transferee under this section and
320 setting forth the material reasons for such rejection. Failure
321 of the licensee to notify the motor vehicle dealer within the
322 60-day period of such rejection shall be deemed an approval of
323 the transfer. No such transfer, assignment, or sale shall be
324 valid unless the transferee agrees in writing to comply with all
325 requirements of the franchise then in effect, but with the
326 ownership changed to the transferee.
327 (c)(b) A motor vehicle dealer whose proposed sale is
328 rejected may, within 60 days following such receipt of such
329 rejection, file with the department a complaint for a
330 determination that the proposed transferee has been rejected in
331 violation of this section. The licensee has the burden of proof
332 with respect to all issues raised by the complaint. The
333 department shall determine, and enter an order providing, that
334 the proposed transferee is either qualified or is not and cannot
335 be qualified for specified reasons, or the order may provide the
336 conditions under which a proposed transferee would be qualified.
337 If the licensee fails to file such a response to the motor
338 vehicle dealer’s complaint within 30 days after receipt of the
339 complaint, unless the parties agree in writing to an extension,
340 or if the department, after a hearing, renders a decision other
341 than one disqualifying the proposed transferee, the franchise
342 agreement between the motor vehicle dealer and the licensee is
343 deemed amended to incorporate such transfer or amended in
344 accordance with the determination and order rendered, effective
345 upon compliance by the proposed transferee with any conditions
346 set forth in the determination or order.
347 (2)(a) Notwithstanding the terms of any franchise
348 agreement, a licensee may shall not, by contract or otherwise,
349 fail or refuse to give effect to, prevent, prohibit, or
350 penalize, or attempt to refuse to give effect to, prevent,
351 prohibit, or penalize, any motor vehicle dealer or any
352 proprietor, partner, stockholder, owner, or other person who
353 holds or otherwise owns an interest therein from selling,
354 assigning, transferring, alienating, or otherwise disposing of,
355 in whole or in part, the equity interest of any of them in such
356 motor vehicle dealer to any other person or persons, including a
357 corporation established or existing for the purpose of owning or
358 holding the stock or ownership interests of other entities,
359 unless the licensee proves at a hearing pursuant to a complaint
360 filed by a motor vehicle dealer under this section that the
361 sale, transfer, alienation, or other disposition:
362 1. Is to a person who is not, or whose controlling
363 executive management is not, of good moral character; or
364 2. Would directly cause the licensee to be in violation of
365 s. 320.64(44).
366 (b) A motor vehicle dealer, or any proprietor, partner,
367 stockholder, owner, or other person who holds or otherwise owns
368 an interest in the motor vehicle dealer, who desires to sell,
369 assign, transfer, alienate, or otherwise dispose of any interest
370 in such motor vehicle dealer shall notify, or cause the proposed
371 transferee to so notify, the licensee, in writing, of the
372 identity and address of the proposed transferee. A licensee who
373 receives such notice may, within 60 days following such receipt,
374 notify the motor vehicle dealer in writing that the proposed
375 transferee is not a person qualified to be a transferee under
376 this section and setting forth the material reasons for such
377 rejection. Failure of the licensee to notify the motor vehicle
378 dealer within the 60-day period of such rejection shall be
379 deemed an approval of the transfer. Any person whose proposed
380 sale of stock is rejected may file within 60 days of receipt of
381 such rejection a complaint with the department alleging that the
382 rejection was in violation of the law or the franchise
383 agreement. The licensee has the burden of proof with respect to
384 all issues raised by such complaint. The department shall
385 determine, and enter an order providing, that the proposed
386 transferee either is qualified or is not and cannot be qualified
387 for specified reasons; or the order may provide the conditions
388 under which a proposed transferee would be qualified. If the
389 licensee fails to file a response to the motor vehicle dealer’s
390 complaint within 30 days of receipt of the complaint, unless the
391 parties agree in writing to an extension, or if the department,
392 after a hearing, renders a decision on the complaint other than
393 one disqualifying the proposed transferee, the transfer shall be
394 deemed approved in accordance with the determination and order
395 rendered, effective upon compliance by the proposed transferee
396 with any conditions set forth in the determination or order.
397 (c)(b) Notwithstanding paragraph (a), a licensee may not
398 reject a proposed transfer of a legal, equitable, or beneficial
399 interest in a motor vehicle dealer to a trust or other entity,
400 or to any beneficiary thereof, which is established by an owner
401 of any interest in a motor vehicle dealer for purposes of estate
402 planning, if the controlling person of the trust or entity, or
403 the beneficiary, is of good moral character.
404 Section 13. Section 322.032, Florida Statutes, is repealed.
405 Section 14. Section 322.059, Florida Statutes, is amended
406 to read:
407 322.059 Mandatory surrender of suspended driver license and
408 registration.—A person whose driver license or registration has
409 been suspended as provided in s. 322.058 must immediately return
410 his or her driver license and registration to the Department of
411 Highway Safety and Motor Vehicles. The department shall
412 invalidate the digital proof of driver license issued pursuant
413 to s. 322.032 for such person. If such person fails to return
414 his or her driver license or registration, a law enforcement
415 agent may seize the license or registration while the driver
416 license or registration is suspended.
417 Section 15. Subsection (1) of section 322.15, Florida
418 Statutes, is amended to read:
419 322.15 License to be carried and exhibited on demand;
420 fingerprint to be imprinted upon a citation.—
421 (1) Every licensee shall have his or her driver license,
422 which must be fully legible with no portion of such license
423 faded, altered, mutilated, or defaced, in his or her immediate
424 possession at all times when operating a motor vehicle and shall
425 present or submit the same upon the demand of a law enforcement
426 officer or an authorized representative of the department. A
427 licensee may present or submit a digital proof of driver license
428 as provided in s. 322.032 in lieu of his or her printed driver
429 license; however, if the law enforcement officer or authorized
430 representative of the department is unable to immediately verify
431 the digital proof of driver license, upon the demand of the law
432 enforcement officer or authorized representative of the
433 department, the licensee must present or submit his or her
434 printed driver license.
435 Section 16. Section 324.252, Florida Statutes, is repealed.
436 Section 17. Present paragraph (d) of subsection (3) of
437 section 330.41, Florida Statutes, is redesignated as paragraph
438 (f), a new paragraph (d) and paragraph (e) are added to that
439 subsection, and paragraph (c) of that subsection is amended, to
440 read:
441 330.41 Unmanned Aircraft Systems Act.—
442 (3) REGULATION.—
443 (c) Except as otherwise expressly provided, a political
444 subdivision may not withhold issuance of a business tax receipt,
445 development permit, or other land use approval to a drone
446 delivery service on a commercial property or enact or enforce an
447 ordinance or a resolution that prohibits a drone delivery
448 service’s operation based on the location of its drone port,
449 notwithstanding part II of chapter 163 and chapter 205. A
450 political subdivision may enforce minimum setback and
451 landscaping regulations that are generally applicable to
452 permitted uses in the applicable drone port site’s zoning
453 district. This paragraph may not be construed to authorize a
454 political subdivision to require additional landscaping as a
455 condition of approval of a drone delivery service on a
456 commercial property port.
457 (d)1. For the purpose of this subsection, the term “major
458 theme park or entertainment complex” means a complex comprised
459 of at least 100 contiguous acres owned and controlled by the
460 same business entity, which contains permanent exhibitions and a
461 variety of recreational activities and has a minimum of 1
462 million visitors annually.
463 2. A drone delivery service is prohibited from delivering
464 over or to a major theme park or entertainment complex without
465 express written approval provided by the owner of the major
466 theme park or entertainment complex to the owner or operator of
467 the drone delivery device.
468 (e) The addition of a drone delivery service within the
469 parking area of a commercial property does not reduce the number
470 of parking spaces in the parking area for the purpose of
471 complying with any requirement for a minimum number of parking
472 spaces.
473 Section 18. Subsection (1) of section 332.001, Florida
474 Statutes, is amended to read:
475 332.001 Aviation; powers and duties of the Department of
476 Transportation.—
477 (1) It shall be the duty, function, and responsibility of
478 the Department of Transportation to plan and direct investments
479 in airport systems in this state to facilitate the efficient
480 movement of passengers and cargo and to continuously improve the
481 experience for the flying public and the supply chain of this
482 state’s businesses. In carrying out this duty and
483 responsibility, the department may assist and advise, cooperate,
484 and coordinate with the federal, state, local, or private
485 organizations and individuals in planning such systems of
486 airports.
487 Section 19. Subsection (10) is added to section 332.006,
488 Florida Statutes, to read:
489 332.006 Duties and responsibilities of the Department of
490 Transportation.—The Department of Transportation shall, within
491 the resources provided to the department:
492 (10) Coordinate with commercial service airports in this
493 state to review and evaluate policies and programs of the United
494 States Transportation Security Administration, including, but
495 not limited to, security screening programs and programs for
496 veterans and active duty servicemembers and their families, to
497 improve efficiency in airport operations and the overall
498 experience of the traveling public.
499 Section 20. Present subsections (4), (5), and (6) of
500 section 332.0075, Florida Statutes, are redesignated as
501 subsections (5), (6), and (7), respectively, and a new
502 subsection (4) is added to that section, to read:
503 332.0075 Commercial service airports; transparency and
504 accountability; penalty.—
505 (4) Notwithstanding any other provision of law, a
506 commercial service airport must develop a plan for obtaining and
507 maintaining critical infrastructure resources for the airport,
508 its tenants, and the traveling public. Such plans must include
509 long-term contracts and rights of first refusal regarding the
510 sale of and contingency plans for such resources. For purposes
511 of this subsection, the term “critical infrastructure resources”
512 includes, but is not limited to, access to electricity, fuel,
513 and water resources.
514 Section 21. Present subsections (1) through (37) of section
515 334.03, Florida Statutes, are redesignated as subsections (2)
516 through (38), respectively, a new subsection (1) is added to
517 that section, and present subsection (29) of that section is
518 amended, to read:
519 334.03 Definitions.—When used in the Florida Transportation
520 Code, the term:
521 (1) “Advanced air mobility corridor connection point” means
522 any land area or transportation facility, including any
523 airspace, designated by the department as suitable to support
524 the efficient movement of people and goods by use as a
525 connection point for advanced air mobility.
526 (30)(29) “Transportation corridor” means any advanced air
527 mobility corridor connection point or any land area designated
528 by the state, a county, or a municipality which is between two
529 geographic points and which area is used or suitable for the
530 movement of people and goods by one or more modes of
531 transportation, including areas necessary for management of
532 access and securing applicable approvals and permits.
533 Transportation corridors, other than advanced air mobility
534 corridor connection points, shall contain, but are not limited
535 to, the following:
536 (a) Existing publicly owned rights-of-way;
537 (b) All property or property interests necessary for future
538 transportation facilities, including rights of access, air,
539 view, and light, whether public or private, for the purpose of
540 securing and utilizing future transportation rights-of-way,
541 including, but not limited to, any lands reasonably necessary
542 now or in the future for securing applicable approvals and
543 permits, borrow pits, drainage ditches, water retention areas,
544 rest areas, replacement access for landowners whose access could
545 be impaired due to the construction of a future facility, and
546 replacement rights-of-way for relocation of rail and utility
547 facilities.
548 Section 22. Subsections (5), (20), and (21) of section
549 334.044, Florida Statutes, are amended, and subsections (40) and
550 (41) are added to that section, to read:
551 334.044 Powers and duties of the department.—The department
552 shall have the following general powers and duties:
553 (5) To purchase, lease, or otherwise acquire property and
554 materials, including the purchase of promotional items as part
555 of public information and education campaigns for the promotion
556 of environmental management, scenic highways, traffic and train
557 safety awareness, commercial motor vehicle safety, workforce
558 development, transportation-related economic development
559 opportunities, advanced air mobility electric vehicle use and
560 charging stations, autonomous vehicles, and context
561 classification for electric vehicles and autonomous vehicles; to
562 purchase, lease, or otherwise acquire equipment and supplies;
563 and to sell, exchange, or otherwise dispose of any property that
564 is no longer needed by the department.
565 (20) To operate and maintain designated research
566 facilities, to conduct and enter into contracts and agreements
567 for conducting research studies, and to collect data necessary
568 for the improvement of the state transportation system.
569 (21) To conduct and enter into contracts and agreements for
570 conducting research and demonstration projects relative to
571 innovative transportation technologies.
572 (40) To require local governments to submit applications
573 for federal funding for projects on state-owned rights-of-way,
574 roads, bridges, and limited access facilities to the department
575 for review and approval before submission of such applications
576 to the Federal Government.
577 (41) Notwithstanding any other law, to acquire, own,
578 construct, or operate, or any combination thereof, one or more
579 airports as defined in s. 330.27 for the purpose of supporting
580 advanced air mobility. The acquisition of a publicly owned
581 airport by the department must be approved by the governing body
582 of the airport. The department may adopt rules to implement this
583 subsection.
584 Section 23. Section 334.64, Florida Statutes, is created to
585 read:
586 334.64 Department to serve as primary point of contact for
587 LiDAR procurement.—Notwithstanding s. 20.255(9), the department
588 shall serve as the primary point of contact for statewide
589 topographic aerial LiDAR procurement and cost sharing related to
590 statewide geographic information systems and geospatial data
591 sharing. The department may provide these services to other
592 state and local governmental entities by entering into an
593 interagency agreement consistent with chapter 216.
594 Notwithstanding any other provision of law, including any
595 charter, ordinance, statute, or special law, all state agencies
596 and local governmental entities conducting programs or
597 exercising powers relating to topographic aerial LiDAR mapping
598 are authorized to enter into an interagency agreement with the
599 department for the provision by the department of topographic
600 aerial LiDAR procurement and cost-sharing services, and to
601 delegate such authority to conduct programs or exercise powers
602 relating to topographic aerial LiDAR procurement and cost
603 sharing services to the department pursuant to such interagency
604 agreements. The department may adopt rules to implement this
605 section.
606 Section 24. Paragraphs (a) and (i) of subsection (3) and
607 paragraphs (b), (d), and (r) of subsection (7) of section
608 337.401, Florida Statutes, are amended to read:
609 337.401 Use of right-of-way for utilities subject to
610 regulation; permit; fees.—
611 (3)(a) Because of the unique circumstances applicable to
612 providers of communications services, including, but not limited
613 to, the circumstances described in paragraph (e) and the fact
614 that federal and state law require the nondiscriminatory
615 treatment of providers of telecommunications services, and
616 because of the desire to promote competition among providers of
617 communications services, it is the intent of the Legislature
618 that municipalities and counties treat providers of
619 communications services in a nondiscriminatory and competitively
620 neutral manner when imposing rules or regulations governing the
621 placement or maintenance of communications facilities in the
622 public roads or rights-of-way. Rules or regulations imposed by a
623 municipality or county relating to providers of communications
624 services placing or maintaining communications facilities in its
625 roads or rights-of-way must be generally applicable to all
626 providers of communications services, taking into account the
627 distinct engineering, construction, operation, maintenance,
628 public works, and safety requirements of the provider’s
629 facilities, and, notwithstanding any other law, may not require
630 a provider of communications services to apply for or enter into
631 an individual license, franchise, or other agreement with the
632 municipality or county as a condition of placing or maintaining
633 communications facilities in its roads or rights-of-way. In
634 addition to other reasonable rules or regulations that a
635 municipality or county may adopt relating to the placement or
636 maintenance of communications facilities in its roads or rights
637 of-way under this subsection or subsection (7), a municipality
638 or county may require a provider of communications services that
639 places or seeks to place facilities in its roads or rights-of
640 way to register with the municipality or county. To register, a
641 provider of communications services may be required only to
642 provide its name; the name, address, and telephone number of a
643 contact person for the registrant; the number of the
644 registrant’s current certificate of authorization issued by the
645 Florida Public Service Commission, the Federal Communications
646 Commission, or the Department of State; a statement of whether
647 the registrant is a pass-through provider as defined in
648 subparagraph (6)(a)1.; the registrant’s federal employer
649 identification number; and any required proof of insurance or
650 self-insuring status adequate to defend and cover claims. A
651 municipality or county may not require a registrant to renew a
652 registration more frequently than every 5 years but may require
653 during this period that a registrant update the registration
654 information provided under this subsection within 90 days after
655 a change in such information. A municipality or county may not
656 require the registrant to provide an inventory of communications
657 facilities, maps, locations of such facilities, or other
658 information by a registrant as a condition of registration,
659 renewal, or for any other purpose; provided, however, that a
660 municipality or county may require as part of a permit
661 application that the applicant identify at-grade communications
662 facilities within 50 feet of the proposed installation location
663 for the placement of at-grade communications facilities. A
664 municipality or county may not require that a provider locate or
665 perform a survey of any facilities except its own or any right
666 of-way boundary when requesting a permit consistent with chapter
667 556. If the owner of a facility fails to locate their facilities
668 as required under chapter 556, a provider may proceed with the
669 work but must use reasonable care and detection equipment or
670 other acceptable means to avoid damaging existing underground
671 facilities. A municipality or county may not require a provider
672 to pay any fee, cost, or other charge for registration or
673 renewal thereof. A municipality or county may not limit the
674 number of permits in any way, including by project size or by
675 limiting the number of open permits or applications, provided
676 that the permit is closed out within 45 days after the
677 provider’s completion of work. A municipality or county may
678 require the submission or maintenance of a bond or other
679 financial instrument as set out in this section but may not
680 require a cash deposit or other escrow, payment, or exaction as
681 a condition of issuing a permit. It is the intent of the
682 Legislature that the placement, operation, maintenance,
683 upgrading, and extension of communications facilities not be
684 unreasonably interrupted or delayed through the permitting or
685 other local regulatory process. Except as provided in this
686 chapter or otherwise expressly authorized by chapter 202,
687 chapter 364, or chapter 610, a municipality or county may not
688 adopt or enforce any ordinance, regulation, or requirement as to
689 the placement or operation of communications facilities in a
690 right-of-way by a communications services provider authorized by
691 state or local law to operate in a right-of-way; regulate any
692 communications services; or impose or collect any tax, fee,
693 cost, charge, or exaction for the placement of communications
694 facilities or the provision of communications services over the
695 communications services provider’s communications facilities in
696 a right-of-way.
697 (i) Except as expressly provided in this section, this
698 section does not modify the authority of municipalities and
699 counties to levy the tax authorized in chapter 202 or the duties
700 of providers of communications services under ss. 337.402
701 337.404. This section does not apply to building permits, pole
702 attachments, or private roads, private easements, and private
703 rights-of-way, or building permits unrelated to the placement of
704 communications facilities.
705 (7)
706 (b) As used in subsections (3)-(9) this subsection, the
707 term:
708 1. “Antenna” means communications equipment that transmits
709 or receives electromagnetic radio frequency signals used in
710 providing wireless services.
711 2. “Applicable codes” means uniform building, fire,
712 electrical, plumbing, or mechanical codes adopted by a
713 recognized national code organization or local amendments to
714 those codes enacted solely to address threats of destruction of
715 property or injury to persons, and includes the National
716 Electric Safety Code and the 2017 edition of the Florida
717 Department of Transportation Utility Accommodation Manual.
718 3. “Applicant” means a person who submits an application
719 and is a wireless provider.
720 4. “Application” means a request submitted by an applicant
721 to an authority for a permit to collocate small wireless
722 facilities, or to place a new utility pole used to support a
723 small wireless facility, or place other communications
724 facilities. An authority’s permit application form or process
725 must include all required permissions, however designated,
726 required by the authority to grant a permit to place
727 communications facilities, including, but not limited to, right
728 of-way occupancy, building permits, electrical permits, or
729 historic review.
730 5. “Authority” means a county or municipality having
731 jurisdiction and control of the rights-of-way of any public
732 road. The term does not include the Department of
733 Transportation. Rights-of-way under the jurisdiction and control
734 of the department are excluded from this subsection.
735 6. “Authority utility pole” means a utility pole owned by
736 an authority in the right-of-way. The term does not include a
737 utility pole owned by a municipal electric utility, a utility
738 pole used to support municipally owned or operated electric
739 distribution facilities, or a utility pole located in the right
740 of-way within:
741 a. A retirement community that:
742 (I) Is deed restricted as housing for older persons as
743 defined in s. 760.29(4)(b);
744 (II) Has more than 5,000 residents; and
745 (III) Has underground utilities for electric transmission
746 or distribution.
747 b. A municipality that:
748 (I) Is located on a coastal barrier island as defined in s.
749 161.053(1)(b)3.;
750 (II) Has a land area of less than 5 square miles;
751 (III) Has less than 10,000 residents; and
752 (IV) Has, before July 1, 2017, received referendum approval
753 to issue debt to finance municipal-wide undergrounding of its
754 utilities for electric transmission or distribution.
755 7. “Collocate” or “collocation” means to install, mount,
756 maintain, modify, operate, or replace one or more wireless
757 facilities on, under, within, or adjacent to a wireless support
758 structure or utility pole. The term does not include the
759 installation of a new utility pole or wireless support structure
760 in the public rights-of-way.
761 8. “FCC” means the Federal Communications Commission.
762 9. “Micro wireless facility” means a small wireless
763 facility having dimensions no larger than 24 inches in length,
764 15 inches in width, and 12 inches in height and an exterior
765 antenna, if any, no longer than 11 inches.
766 10. “Small wireless facility” means a wireless facility
767 that meets the following qualifications:
768 a. Each antenna associated with the facility is located
769 inside an enclosure of no more than 6 cubic feet in volume or,
770 in the case of antennas that have exposed elements, each antenna
771 and all of its exposed elements could fit within an enclosure of
772 no more than 6 cubic feet in volume; and
773 b. All other wireless equipment associated with the
774 facility is cumulatively no more than 28 cubic feet in volume.
775 The following types of associated ancillary equipment are not
776 included in the calculation of equipment volume: electric
777 meters, concealment elements, telecommunications demarcation
778 boxes, ground-based enclosures, grounding equipment, power
779 transfer switches, cutoff switches, vertical cable runs for the
780 connection of power and other services, and utility poles or
781 other support structures.
782 11. “Utility pole” means a pole or similar structure that
783 is used in whole or in part to provide communications services
784 or for electric distribution, lighting, traffic control,
785 signage, or a similar function. The term includes the vertical
786 support structure for traffic lights but does not include a
787 horizontal structure to which signal lights or other traffic
788 control devices are attached and does not include a pole or
789 similar structure 15 feet in height or less unless an authority
790 grants a waiver for such pole.
791 12. “Wireless facility” means equipment at a fixed location
792 which enables wireless communications between user equipment and
793 a communications network, including radio transceivers,
794 antennas, wires, coaxial or fiber-optic cable or other cables,
795 regular and backup power supplies, and comparable equipment,
796 regardless of technological configuration, and equipment
797 associated with wireless communications. The term includes small
798 wireless facilities. The term does not include:
799 a. The structure or improvements on, under, within, or
800 adjacent to the structure on which the equipment is collocated;
801 b. Wireline backhaul facilities; or
802 c. Coaxial or fiber-optic cable that is between wireless
803 structures or utility poles or that is otherwise not immediately
804 adjacent to or directly associated with a particular antenna.
805 13. “Wireless infrastructure provider” means a person who
806 has been certificated under chapter 364 to provide
807 telecommunications service or under chapter 610 to provide cable
808 or video services in this state, or that person’s affiliate, and
809 who builds or installs wireless communication transmission
810 equipment, wireless facilities, or wireless support structures
811 but is not a wireless services provider.
812 14. “Wireless provider” means a wireless infrastructure
813 provider or a wireless services provider.
814 15. “Wireless services” means any services provided using
815 licensed or unlicensed spectrum, whether at a fixed location or
816 mobile, using wireless facilities.
817 16. “Wireless services provider” means a person who
818 provides wireless services.
819 17. “Wireless support structure” means a freestanding
820 structure, such as a monopole, a guyed or self-supporting tower,
821 or another existing or proposed structure designed to support or
822 capable of supporting wireless facilities. The term does not
823 include a utility pole, pedestal, or other support structure for
824 ground-based equipment not mounted on a utility pole and less
825 than 5 feet in height.
826 (d) An authority may require a registration process and
827 permit fees in accordance with subsection (3). An authority
828 shall accept applications for permits and shall process and
829 issue permits subject to the following requirements:
830 1. An authority may not directly or indirectly require an
831 applicant to perform services unrelated to the collocation for
832 which approval is sought, such as in-kind contributions to the
833 authority, including reserving fiber, conduit, or pole space for
834 the authority.
835 2. An applicant may not be required to provide more
836 information to obtain a permit than is necessary to demonstrate
837 the applicant’s compliance with applicable codes for the
838 placement of small wireless facilities in the locations
839 identified in the application. An applicant may not be required
840 to provide inventories, maps, or locations of communications
841 facilities in the right-of-way other than as necessary to avoid
842 interference with other at-grade or aerial facilities located at
843 the specific location proposed for a small wireless facility or
844 within 50 feet of such location.
845 3. An authority may not:
846 a. Require the placement of small wireless facilities on
847 any specific utility pole or category of poles;
848 b. Require the placement of multiple antenna systems on a
849 single utility pole;
850 c. Require a demonstration that collocation of a small
851 wireless facility on an existing structure is not legally or
852 technically possible as a condition for granting a permit for
853 the collocation of a small wireless facility on a new utility
854 pole except as provided in paragraph (i);
855 d. Require compliance with an authority’s provisions
856 regarding placement of communications facilities, including
857 small wireless facilities or a new utility poles pole used to
858 support a small wireless facilities, facility in rights-of-way
859 under the control of the department unless the authority has
860 received a delegation from the department for the location of
861 the small wireless facility or utility pole;, or require such
862 compliance as a condition to receive a permit that is ancillary
863 to the permit for collocation of a small wireless facility,
864 including an electrical permit;
865 e. Require a meeting before filing an application;
866 f. Require direct or indirect public notification or a
867 public meeting for the placement of communication facilities in
868 the right-of-way;
869 g. Limit the size or configuration of a small wireless
870 facility or any of its components, if the small wireless
871 facility complies with the size limits in this subsection;
872 h. Prohibit the installation of a new utility pole used to
873 support the collocation of a small wireless facility if the
874 installation otherwise meets the requirements of this
875 subsection; or
876 i. Require that any component of a small wireless facility
877 be placed underground except as provided in paragraph (i); or
878 j. Require compliance with provisions regarding the
879 placement of communications facilities, including small wireless
880 facilities or new utility poles used to support small wireless
881 facilities, in rights-of-way not owned and controlled by the
882 authority and public utility easements that are within areas not
883 owned and controlled by the authority unless a permit delegation
884 agreement exists between the authority and the owner of the
885 right-of-way or area that contains the public utility easement.
886 4. Subject to paragraph (r), an authority may not limit the
887 placement, by minimum separation distances, of small wireless
888 facilities, utility poles on which small wireless facilities are
889 or will be collocated, or other at-grade communications
890 facilities. However, within 14 days after the date of filing the
891 application, an authority may request that the proposed location
892 of a small wireless facility be moved to another location in the
893 right-of-way and placed on an alternative authority utility pole
894 or support structure or placed on a new utility pole. The
895 authority and the applicant may negotiate the alternative
896 location, including any objective design standards and
897 reasonable spacing requirements for ground-based equipment, for
898 30 days after the date of the request. At the conclusion of the
899 negotiation period, if the alternative location is accepted by
900 the applicant, the applicant must notify the authority of such
901 acceptance and the application shall be deemed granted for any
902 new location for which there is agreement and all other
903 locations in the application. If an agreement is not reached,
904 the applicant must notify the authority of such nonagreement and
905 the authority must grant or deny the original application within
906 90 days after the date the application was filed. A request for
907 an alternative location, an acceptance of an alternative
908 location, or a rejection of an alternative location must be in
909 writing and provided by electronic mail.
910 5. An authority shall limit the height of a small wireless
911 facility to 10 feet above the utility pole or structure upon
912 which the small wireless facility is to be collocated. Unless
913 waived by an authority, the height for a new utility pole is
914 limited to the tallest existing utility pole as of July 1, 2017,
915 located in the same right-of-way, other than a utility pole for
916 which a waiver has previously been granted, measured from grade
917 in place within 500 feet of the proposed location of the small
918 wireless facility. If there is no utility pole within 500 feet,
919 the authority shall limit the height of the utility pole to 50
920 feet.
921 6. The installation by a communications services provider
922 of a utility pole in the public rights-of-way, other than a
923 utility pole used to support a small wireless facility, is
924 subject to authority rules or regulations governing the
925 placement of utility poles in the public rights-of-way.
926 7. Within 14 days after receiving an application, an
927 authority must determine and notify the applicant by electronic
928 mail as to whether the application is complete. If an
929 application is deemed incomplete, the authority must
930 specifically identify the missing information. An application is
931 deemed complete if the authority fails to provide notification
932 to the applicant within 14 days.
933 8. An application must be processed on a nondiscriminatory
934 basis. A complete application is deemed approved if an authority
935 fails to approve or deny the application within 60 days after
936 receipt of the application. If an authority does not use the 30
937 day negotiation period provided in subparagraph 4., the parties
938 may mutually agree to extend the 60-day application review
939 period. The authority shall grant or deny the application at the
940 end of the extended period. A permit issued pursuant to an
941 approved application shall remain effective for 1 year unless
942 extended by the authority.
943 9. An authority must notify the applicant of approval or
944 denial by electronic mail. An authority shall approve a complete
945 application unless it does not meet the authority’s applicable
946 codes. If the application is denied, the authority must specify
947 in writing the basis for denial, including the specific code
948 provisions on which the denial was based, and send the
949 documentation to the applicant by electronic mail on the day the
950 authority denies the application. The applicant may cure the
951 deficiencies identified by the authority and resubmit the
952 application within 30 days after notice of the denial is sent to
953 the applicant. The authority shall approve or deny the revised
954 application within 30 days after receipt or the application is
955 deemed approved. The review of a revised application is limited
956 to the deficiencies cited in the denial. If an authority
957 provides for administrative review of the denial of an
958 application, the review must be complete and a written decision
959 issued within 45 days after a written request for review is
960 made. A denial must identify the specific code provisions on
961 which the denial is based. If the administrative review is not
962 complete within 45 days, the authority waives any claim
963 regarding failure to exhaust administrative remedies in any
964 judicial review of the denial of an application.
965 10. An applicant seeking to collocate small wireless
966 facilities within the jurisdiction of a single authority may, at
967 the applicant’s discretion, file a consolidated application and
968 receive a single permit for the collocation of up to 30 small
969 wireless facilities. If the application includes multiple small
970 wireless facilities, an authority may separately address small
971 wireless facility collocations for which incomplete information
972 has been received or which are denied.
973 11. An authority may deny an application to collocate a
974 small wireless facility or place a utility pole used to support
975 a small wireless facility in the public rights-of-way if the
976 proposed small wireless facility or utility pole used to support
977 a small wireless facility:
978 a. Materially interferes with the safe operation of traffic
979 control equipment.
980 b. Materially interferes with sight lines or clear zones
981 for transportation, pedestrians, or public safety purposes.
982 c. Materially interferes with compliance with the Americans
983 with Disabilities Act or similar federal or state standards
984 regarding pedestrian access or movement.
985 d. Materially fails to comply with the 2017 edition of the
986 Florida Department of Transportation Utility Accommodation
987 Manual.
988 e. Fails to comply with applicable codes.
989 f. Fails to comply with objective design standards
990 authorized under paragraph (r).
991 12. An authority may adopt by ordinance provisions for
992 insurance coverage, indemnification, force majeure, abandonment,
993 authority liability, or authority warranties. Such provisions
994 must be reasonable and nondiscriminatory and apply to all
995 providers of communications services, including, if applicable,
996 any local government or nonprofit providers. An authority may
997 require a construction bond to secure restoration of the
998 postconstruction rights-of-way to the preconstruction condition.
999 However, such bond must be time-limited to not more than 18
1000 months after the construction to which the bond applies is
1001 completed, and such bond must be reasonably related to the cost
1002 to secure restoration of the rights-of-way. An authority may not
1003 limit the number of permits allowed under the same bond. For any
1004 financial obligation required by an authority allowed under this
1005 section, the authority may not limit the number of permits in
1006 any way, including by project size or by limiting the number of
1007 applications or open permits, provided that the permit is closed
1008 out within 45 days after the provider’s completion of work; may
1009 not impose additional requirements based on the scope or linear
1010 feet of the project; and shall accept, at the option of the
1011 applicant, a bond or a letter of credit or similar financial
1012 instrument issued by any financial institution that is
1013 authorized to do business within the United States and, provided
1014 that a claim against the financial instrument may be made by
1015 electronic means, including by facsimile. An authority may not
1016 require a deposit or escrow of cash as a condition of issuing a
1017 permit or compel the applicant to agree to any additional terms
1018 or agreements not specifically authorized by this act or
1019 directly related to the work set out in the application. A
1020 provider of communications services may add an authority to any
1021 existing bond, insurance policy, or other relevant financial
1022 instrument, and the authority must accept such proof of coverage
1023 without any conditions other than consent to venue for purposes
1024 of any litigation to which the authority is a party. An
1025 authority may not require a communications services provider to
1026 indemnify it for liabilities not caused by the provider, its
1027 agents, or its employees, including liabilities arising from the
1028 authority’s negligence, gross negligence, or willful conduct by
1029 an unaffiliated third party.
1030 13. Collocation of a small wireless facility on an
1031 authority utility pole does not provide the basis for the
1032 imposition of an ad valorem tax on the authority utility pole.
1033 14. An authority may reserve space on authority utility
1034 poles for future public safety uses. However, a reservation of
1035 space may not preclude collocation of a small wireless facility.
1036 If replacement of the authority utility pole is necessary to
1037 accommodate the collocation of the small wireless facility and
1038 the future public safety use, the pole replacement is subject to
1039 make-ready provisions and the replaced pole shall accommodate
1040 the future public safety use.
1041 15. A structure granted a permit and installed pursuant to
1042 this subsection shall comply with chapter 333 and federal
1043 regulations pertaining to airport airspace protections.
1044 (r) An authority may require wireless providers to comply
1045 with objective design standards adopted by ordinance. The
1046 ordinance may only require:
1047 1. A new utility pole that replaces an existing utility
1048 pole to be of substantially similar design, material, and color;
1049 2. Reasonable spacing requirements concerning the location
1050 of a ground-mounted component of a small wireless facility which
1051 does not exceed 15 feet from the associated support structure;
1052 or
1053 3. A small wireless facility to meet reasonable location
1054 context, color, camouflage, and concealment requirements,
1055 subject to the limitations in this subsection; and
1056 4. A new utility pole used to support a small wireless
1057 facility to meet reasonable location context, color, and
1058 material of the predominant utility pole type at the proposed
1059 location of the new utility pole.
1060
1061 Such design standards under this paragraph may be waived by the
1062 authority upon a showing that the design standards are not
1063 reasonably compatible for the particular location of a small
1064 wireless facility or utility pole or are technically infeasible
1065 or that the design standards impose an excessive expense. The
1066 waiver must be granted or denied within 45 days after the date
1067 of the request. An authority may not require landscaping,
1068 landscaping maintenance, or vegetation management other than
1069 that necessary for right-of-way restoration.
1070 Section 25. Present paragraphs (b) and (c) of subsection
1071 (3) of section 338.231, Florida Statutes, are redesignated as
1072 paragraphs (c) and (d), respectively, a new paragraph (b) is
1073 added to that subsection, and paragraph (a) of that subsection
1074 is amended, to read:
1075 338.231 Turnpike tolls, fixing; pledge of tolls and other
1076 revenues.—The department shall at all times fix, adjust, charge,
1077 and collect such tolls and amounts for the use of the turnpike
1078 system as are required in order to provide a fund sufficient
1079 with other revenues of the turnpike system to pay the cost of
1080 maintaining, improving, repairing, and operating such turnpike
1081 system; to pay the principal of and interest on all bonds issued
1082 to finance or refinance any portion of the turnpike system as
1083 the same become due and payable; and to create reserves for all
1084 such purposes.
1085 (3)(a)1. For the period July 1, 1998, through June 30, 2029
1086 2027, the department shall, to the maximum extent feasible,
1087 program sufficient funds in the tentative work program such that
1088 the percentage of turnpike toll and bond financed commitments in
1089 Miami-Dade County, Broward County, and Palm Beach County as
1090 compared to total turnpike toll and bond financed commitments
1091 shall be at least 90 percent of the share of net toll
1092 collections attributable to users of the turnpike system in
1093 Miami-Dade County, Broward County, and Palm Beach County as
1094 compared to total net toll collections attributable to users of
1095 the turnpike system.
1096 2. Beginning in the 2029-2030 fiscal year, the department
1097 shall, to the maximum extent feasible, program sufficient funds
1098 in the tentative work program such that 100 percent of the share
1099 of net toll collections attributable to users of the turnpike
1100 system in Miami-Dade County, Broward County, and Palm Beach
1101 County is used for turnpike toll and bond financed commitments
1102 in those counties.
1103
1104 This paragraph subsection does not apply when the application of
1105 such requirements would violate any covenant established in a
1106 resolution or trust indenture relating to the issuance of
1107 turnpike bonds.
1108 (b) The department may at any time for economic
1109 considerations establish lower temporary toll rates for a new or
1110 existing toll facility for a period not to exceed 1 year, after
1111 which the toll rates adopted pursuant to s. 120.54 shall become
1112 effective.
1113 Section 26. Paragraph (b) of subsection (2) and paragraph
1114 (d) of subsection (5) of section 339.81, Florida Statutes, are
1115 amended to read:
1116 339.81 Florida Shared-Use Nonmotorized Trail Network.—
1117 (2)
1118 (b) The multiuse trails or shared-use paths of the
1119 statewide network must be physically separated from motor
1120 vehicle traffic and constructed with asphalt, concrete, or
1121 another improved hard surface approved by the department.
1122 (5)
1123 (d) To the greatest extent practicable, the department
1124 shall program projects in the work program to plan for
1125 development of the entire trail and to minimize the creation of
1126 gaps between trail segments. The department shall, at a minimum,
1127 ensure that local support exists for projects and trail
1128 segments, including the availability or dedication of local
1129 funding sources and of contributions by private landowners who
1130 agree to make their land, or property interests in such land,
1131 available for public use as a trail. The department may also
1132 consider any sponsorship agreement entered into pursuant to
1133 subsection (7).
1134 Section 27. Subsection (16) of section 341.041, Florida
1135 Statutes, is amended to read:
1136 341.041 Transit responsibilities of the department.—The
1137 department shall, within the resources provided pursuant to
1138 chapter 216:
1139 (16) Unless otherwise provided by state or federal law,
1140 ensure that all grants and agreements between the department and
1141 entities providing paratransit services to persons with
1142 disabilities include, at a minimum, the following provisions:
1143 (a) Performance requirements for the delivery of services,
1144 including clear penalties for repeated or continuing violations;
1145 (b) Minimum liability insurance requirements for all
1146 transportation services purchased, provided, or coordinated for
1147 the transportation disadvantaged, as defined in s. 427.011(1),
1148 through the contracted vendor or subcontractor thereof;
1149 (c) Complaint and grievance processes for users of
1150 paratransit services for persons with disabilities users,
1151 including a requirement that all reported complaints,
1152 grievances, and resolutions be reported to the department on a
1153 quarterly basis; and
1154 (d) A requirement that the provisions of paragraphs (a),
1155 (b), and (c) must be included in any agreement between an entity
1156 receiving a grant or an agreement from the department and such
1157 entity’s contractors or subcontractors that provide paratransit
1158 services for persons with disabilities.
1159 Section 28. Section 479.25, Florida Statutes, is amended to
1160 read:
1161 479.25 Erection of noise-attenuation barrier or obstruction
1162 blocking view of sign; procedures; application.—
1163 (1) The owner of a lawfully erected sign that is governed
1164 by and conforms to state and federal requirements for land use,
1165 size, height, and spacing may increase the height above ground
1166 level of such sign at its permitted location if a noise
1167 attenuation barrier, ramp, or braided bridge is permitted by or
1168 erected by any governmental entity in such a way as to screen or
1169 block visibility of the sign. Any increase in height permitted
1170 under this section may only be the increase in height which is
1171 required to achieve the same degree of visibility from the
1172 right-of-way which the sign had before the construction of the
1173 noise-attenuation barrier, ramp, or braided bridge,
1174 notwithstanding the restrictions contained in s. 479.07(9)(b). A
1175 sign reconstructed under this section must comply with the
1176 building standards and wind load requirements provided in the
1177 Florida Building Code. If construction of a proposed noise
1178 attenuation barrier, ramp, or braided bridge will screen a sign
1179 lawfully permitted under this chapter, the department shall
1180 provide notice to the local government or local jurisdiction
1181 within which the sign is located before construction. Upon a
1182 determination that an increase in the height of a sign as
1183 permitted under this section will violate an ordinance or a land
1184 development regulation of the local government or local
1185 jurisdiction, the local government or local jurisdiction shall,
1186 before construction:
1187 (a) Provide a variance or waiver to the local ordinance or
1188 land development regulations to allow an increase in the height
1189 of the sign;
1190 (b) Allow the sign to be relocated or reconstructed at
1191 another location if the sign owner agrees; or
1192 (c) Pay the fair market value of the sign and its
1193 associated interest in the real property.
1194 (2) The department shall hold a public hearing within the
1195 boundaries of the affected local governments or local
1196 jurisdictions to receive input on the proposed noise-attenuation
1197 barrier, ramp, or braided bridge and its conflict with the local
1198 ordinance or land development regulation and to suggest or
1199 consider alternatives or modifications to alleviate or minimize
1200 the conflict with the local ordinance or land development
1201 regulation or minimize any costs that may be associated with
1202 relocating, reconstructing, or paying for the affected sign. The
1203 public hearing may be held concurrently with other public
1204 hearings scheduled for the project. The department shall provide
1205 a written notification to the local government or local
1206 jurisdiction of the date and time of the public hearing and
1207 shall provide general notice of the public hearing in accordance
1208 with the notice provisions of s. 335.02(1). The notice may not
1209 be placed in that portion of a newspaper in which legal notices
1210 or classified advertisements appear. The notice must
1211 specifically state that:
1212 (a) Erection of the proposed noise-attenuation barrier,
1213 ramp, or braided bridge may block the visibility of an existing
1214 outdoor advertising sign;
1215 (b) The local government or local jurisdiction may restrict
1216 or prohibit increasing the height of the existing outdoor
1217 advertising sign; and
1218 (c) Upon construction of the noise-attenuation barrier,
1219 ramp, or braided bridge, the local government or local
1220 jurisdiction shall:
1221 1. Allow an increase in the height of the sign through a
1222 waiver or variance to a local ordinance or land development
1223 regulation;
1224 2. Allow the sign to be relocated or reconstructed at
1225 another location if the sign owner agrees; or
1226 3. Pay the fair market value of the sign and its associated
1227 interest in the real property.
1228 (3) The department may not permit erection of the noise
1229 attenuation barrier, ramp, or braided bridge to the extent the
1230 barrier or obstruction screens or blocks visibility of the sign
1231 until after the public hearing is held.
1232 (4) This section does not apply to any existing written
1233 agreement executed before July 1, 2006, between any local
1234 government and the owner of an outdoor advertising sign.
1235 Section 29. Section 790.19, Florida Statutes, is amended to
1236 read:
1237 790.19 Shooting into or throwing deadly missiles into
1238 dwellings, public or private buildings, occupied or not
1239 occupied; vessels, aircraft, buses, railroad cars, streetcars,
1240 or other vehicles.—A person who Whoever, wantonly or
1241 maliciously, shoots at, within, or into, or throws a any missile
1242 or hurls or projects a stone or other hard substance which would
1243 produce death or great bodily harm, at, within, or in a any
1244 public or private building, occupied or unoccupied; a, or public
1245 or private bus or a any train, locomotive, railway car, caboose,
1246 cable railway car, street railway car, monorail car, or vehicle
1247 of any kind which is being used or occupied by a any person; an
1248 autonomous vehicle, occupied or unoccupied; a, or any boat,
1249 vessel, ship, or barge lying in or plying the waters of this
1250 state;, or an aircraft flying through the airspace of this state
1251 commits shall be guilty of a felony of the second degree,
1252 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1253 Section 30. Present subsections (8) through (12) of section
1254 806.13, Florida Statutes, are redesignated as subsections (9)
1255 through (13), respectively, a new subsection (8) is added to
1256 that section, and present subsection (11) of that section is
1257 amended, to read:
1258 806.13 Criminal mischief; penalties; penalty for minor.—
1259 (8) A person who willfully or maliciously defaces, injures,
1260 or damages by any means an autonomous vehicle as defined in s.
1261 316.003(3)(a) commits a felony of the third degree, punishable
1262 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
1263 damage to the vehicle is greater than $1,000.
1264
1265 ================= T I T L E A M E N D M E N T ================
1266 And the title is amended as follows:
1267 Delete lines 22 - 94
1268 and insert:
1269 certain streets, roadways, and highways; revising
1270 construction; prohibiting the operation of a personal
1271 delivery device or mobile carrier within certain areas
1272 and facilities; prohibiting counties and
1273 municipalities from enacting, imposing, levying,
1274 collecting, or enforcing certain fees; providing an
1275 exception; amending s. 316.126, F.S.; revising the
1276 visible signals given by an approaching emergency
1277 vehicle upon which a driver must yield the right-of
1278 way; providing that the use of cruise lights is not
1279 such a visible signal; defining the term “cruise
1280 lights”; revising the means by which an emergency
1281 vehicle may signal that such vehicle is en route to an
1282 emergency; amending s. 316.2071, F.S.; conforming
1283 provisions to changes made by the act; prohibiting a
1284 personal delivery device from operating as otherwise
1285 authorized unless the personal delivery device meets
1286 certain criteria and a human operator is capable of
1287 controlling and monitoring its navigation and
1288 operation; prohibiting a personal delivery device from
1289 operating on a limited access facility; prohibiting a
1290 personal delivery device or mobile carrier from
1291 operating within certain facilities and areas;
1292 authorizing rulemaking; amending s. 318.14, F.S.;
1293 revising a limitation on the number of times a person
1294 may elect to attend a basic driver improvement course
1295 under certain circumstances; amending s. 320.06, F.S.;
1296 authorizing certain rental trucks to elect a permanent
1297 registration period; amending s. 320.64, F.S.;
1298 authorizing licensees to reject the succession to
1299 interest in a franchise agreement of a motor vehicle
1300 dealer under certain circumstances; clarifying the
1301 motor vehicles for which a licensee must pay certain
1302 costs to a motor vehicle dealer under certain
1303 circumstances; prohibiting a licensee from
1304 distributing more than a specified percentage of a
1305 specified number of motor vehicles of a particular
1306 line-make during a certain period to one motor vehicle
1307 dealer or dealers that share common ownership or
1308 control; providing applicability; amending s. 320.643,
1309 F.S.; authorizing a licensee to reject a sale,
1310 transfer, alienation, or other disposition of a
1311 franchise agreement or an equity interest in a motor
1312 vehicle dealer under certain circumstances; repealing
1313 s. 322.032, F.S., relating to digital proof of driver
1314 license or identification card; amending ss. 322.059
1315 and 322.15, F.S.; conforming provisions to changes
1316 made by the act; repealing s. 324.252, F.S., relating
1317 to electronic insurance verification; amending s.
1318 330.41, F.S.; prohibiting a political subdivision from
1319 withholding issuance of a business tax receipt,
1320 development permit, or other land use approval to
1321 certain drone delivery services and from enacting or
1322 enforcing ordinances or resolutions that prohibit
1323 drone delivery service operation; revising
1324 construction; defining the term “major theme park or
1325 entertainment complex”; prohibiting a drone delivery
1326 service from delivering over or to a major theme park
1327 or entertainment complex without certain approval;
1328 providing that the addition of a drone delivery
1329 service within a certain parking area does not reduce
1330 the number of parking spaces in the parking area for a
1331 certain purpose; amending s. 332.001, F.S.; revising
1332 duties of the Department of Transportation relating to
1333 airport systems in this state; amending s. 332.006,
1334 F.S.; requiring the department to coordinate with
1335 commercial service airports to review and evaluate
1336 certain federal policies and programs; amending s.
1337 332.0075, F.S.; requiring commercial service airports
1338 to develop a plan for obtaining and maintaining
1339 critical infrastructure resources; providing
1340 requirements for such plans; defining the term
1341 “critical infrastructure resources”; amending s.
1342 334.03, F.S.; defining the term “advanced air mobility
1343 corridor connection point”; revising the definition of
1344 the term “transportation corridor”; amending s.
1345 334.044, F.S.; authorizing the department to purchase,
1346 lease, or otherwise acquire property and materials for
1347 the promotion of transportation-related economic
1348 development opportunities and advanced air mobility;
1349 deleting the authority of the department to purchase,
1350 lease, or otherwise acquire property and materials for
1351 the promotion of electric vehicle use and charging
1352 stations; authorizing the department to operate and
1353 maintain certain research facilities, enter into
1354 certain contracts and agreements, require local
1355 governments to submit certain applications for federal
1356 funding to the department for review and approval
1357 before submission to the Federal Government, and
1358 acquire, own, construct, or operate airports for a
1359 specified purpose; requiring that certain airport
1360 acquisitions be approved by the governing body of the
1361 airport; authorizing the department to adopt