Florida Senate - 2026 CS for CS for CS for SB 1220
By the Committee on Appropriations; the Appropriations Committee
on Transportation, Tourism, and Economic Development; the
Committee on Transportation; and Senator Massullo
576-03168-26 20261220c3
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; revising the membership composition of the
4 Florida Transportation Research Institute; amending s.
5 260.0142, F.S.; requiring the Florida Greenways and
6 Trails Council to meet within a certain timeframe for
7 a certain purpose; amending s. 311.14, F.S.; providing
8 requirements for an infrastructure development and
9 improvement component included in a port’s strategic
10 plan; defining the term “critical infrastructure
11 resources”; creating s. 311.26, F.S.; requiring the
12 Department of Transportation to coordinate with the
13 Department of Commerce, specified ports, and the
14 Federal Government for a certain purpose; requiring
15 ports to support certain projects; requiring that such
16 projects be evaluated in a certain manner; amending s.
17 316.003, F.S.; revising the definition of the term
18 “personal delivery device”; amending s. 316.008, F.S.;
19 authorizing the operation of a personal delivery
20 device on certain sidewalks, crosswalks, bicycle
21 lanes, and bicycle paths and on the shoulders of
22 certain streets, roadways, and highways; prohibiting
23 the operation of a personal delivery device or mobile
24 carrier within a theme park or entertainment complex
25 or certain independent special districts; prohibiting
26 counties and municipalities from enacting, imposing,
27 levying, collecting, or enforcing certain fees;
28 providing an exception; amending s. 316.126, F.S.;
29 revising the visible signals given by an approaching
30 emergency vehicle upon which a driver must yield the
31 right-of-way; providing that the use of cruise lights
32 is not such a visible signal; defining the term
33 “cruise lights”; revising the means by which an
34 emergency vehicle may signal that such vehicle is en
35 route to an emergency; amending s. 316.2071, F.S.;
36 conforming provisions to changes made by the act;
37 prohibiting a personal delivery device from operating
38 as otherwise authorized unless the personal delivery
39 device meets certain criteria and a human operator is
40 capable of controlling and monitoring its navigation
41 and operation; prohibiting a personal delivery device
42 from operating on a limited access facility;
43 prohibiting a personal delivery device or mobile
44 carrier from operating within a theme park or
45 entertainment complex or certain independent special
46 districts; authorizing rulemaking; amending s. 320.06,
47 F.S.; authorizing certain rental trucks to elect a
48 permanent registration period; repealing s. 322.032,
49 F.S., relating to digital proof of driver license or
50 identification card; amending ss. 322.059 and 322.15,
51 F.S.; conforming provisions to changes made by the
52 act; repealing s. 324.252, F.S., relating to
53 electronic insurance verification; amending s. 330.41,
54 F.S.; prohibiting a political subdivision from
55 withholding issuance of a business tax receipt,
56 development permit, or other land use approval to
57 certain drone delivery services and from enacting or
58 enforcing ordinances or resolutions that prohibit
59 drone delivery service operation; revising
60 construction; prohibiting a drone delivery service
61 from operating within a theme park or entertainment
62 complex or certain independent special districts;
63 providing that the addition of a drone delivery
64 service within a certain parking area does not reduce
65 the number of parking spaces in the parking area for a
66 certain purpose; amending s. 332.001, F.S.; revising
67 duties of the Department of Transportation relating to
68 airport systems in this state; amending s. 332.006,
69 F.S.; requiring the department to coordinate with
70 commercial service airports to review and evaluate
71 certain federal policies and programs; amending s.
72 332.0075, F.S.; requiring commercial service airports
73 to develop a plan for obtaining and maintaining
74 critical infrastructure resources; providing
75 requirements for such plans; defining the term
76 “critical infrastructure resources”; amending s.
77 334.03, F.S.; defining the term “advanced air mobility
78 corridor connection point”; revising the definition of
79 the term “transportation corridor”; amending s.
80 334.044, F.S.; authorizing the department to purchase,
81 lease, or otherwise acquire property and materials for
82 the promotion of transportation-related economic
83 development opportunities and advanced air mobility;
84 deleting the authority of the department to purchase,
85 lease, or otherwise acquire property and materials for
86 the promotion of electric vehicle use and charging
87 stations; authorizing the department to operate and
88 maintain certain research facilities, enter into
89 certain contracts and agreements, require local
90 governments to submit certain applications for federal
91 funding to the department for review and approval
92 before submission to the Federal Government, and
93 acquire, own, construct, or operate airports for a
94 specified purpose; authorizing the department to adopt
95 rules; creating s. 334.64, F.S.; providing that the
96 department serves as the primary point of contact for
97 statewide topographic aerial LiDAR procurement and
98 certain cost sharing; authorizing the department to
99 provide certain services to other governmental
100 entities through interagency agreements; authorizing
101 rulemaking; amending s. 337.401, F.S.; prohibiting
102 municipalities and counties from requiring that
103 providers locate or perform surveys of certain
104 facilities; requiring a provider to use certain means
105 to avoid damaging certain facilities under specified
106 circumstances; prohibiting municipalities and counties
107 from taking certain actions relating to certain
108 facility permits; authorizing municipalities and
109 counties to require a bond or other financial
110 instrument; prohibiting municipalities and counties
111 from imposing or collecting a tax, fee, cost, charge,
112 or exaction for the placement of certain
113 communications facilities; revising applicability;
114 revising the definition of the term “application”;
115 prohibiting an authority from requiring compliance
116 with an authority’s provisions regarding placement of
117 communications facilities in certain locations;
118 providing exceptions; requiring that certain authority
119 ordinances apply to all providers of communications
120 services; providing bond requirements; providing
121 requirements for certain financial obligations
122 required by an authority; prohibiting an authority
123 from requiring a deposit or escrow of cash or
124 agreement with certain terms; prohibiting an authority
125 from requiring a communications service provider to
126 indemnify it for certain liabilities; prohibiting an
127 authority from imposing certain landscaping and
128 vegetation management requirements; amending s.
129 338.231, F.S.; revising the period through which the
130 department, to the extent possible, is required to
131 program sufficient funds in the tentative work program
132 for a specified purpose; requiring the department, to
133 the extent possible, to program sufficient funds in
134 the tentative work program for a specified purpose
135 beginning in a specified fiscal year; amending s.
136 339.81, F.S.; revising construction materials that may
137 be used for certain multiuse trails or shared-use
138 paths; authorizing the department to consider certain
139 sponsorship agreements; amending s. 341.041, F.S.;
140 revising the entities whose specified grants and
141 agreements the department is required to ensure
142 include certain provisions; revising such provisions;
143 amending s. 479.25, F.S.; revising provisions
144 authorizing the owners of certain signs to increase
145 the height above ground level of such signs under
146 certain circumstances to include in such circumstances
147 the permitting or erection of certain ramps and
148 braided bridges; conforming provisions to changes made
149 by the act; amending s. 790.19, F.S.; providing
150 criminal penalties for shooting at, within, or into,
151 or throwing, hurling, or projecting certain objects
152 at, within, or in, an autonomous vehicle; amending s.
153 806.13, F.S.; providing criminal penalties for
154 defacing, injuring, or damaging an autonomous vehicle
155 if the value of the damage is in excess of a specified
156 amount; amending chapter 2006-316, Laws of Florida;
157 revising a specified interchange designation;
158 requiring the department to conduct a study to
159 evaluate certain impacts of alternative fuel vehicles
160 and identify certain policy options; requiring that
161 the study identify, evaluate, and analyze certain
162 information; requiring the department to submit a
163 certain report to the Governor and the Legislature by
164 a specified date; providing an appropriation; amending
165 ss. 311.07, 316.0777, 316.515, 336.01, 338.222,
166 341.8225, 376.3071, 403.7211, 479.261, 715.07, and
167 1006.23, F.S.; conforming cross-references; reenacting
168 ss. 320.02(21), 324.021(1), and 324.022(2)(a), F.S.,
169 relating to registration requirements, the definition
170 of the term “motor vehicle,” and financial
171 responsibility for property damage, respectively, to
172 incorporate the amendment made to s. 316.003, F.S., in
173 references thereto; providing an effective date.
174
175 Be It Enacted by the Legislature of the State of Florida:
176
177 Section 1. Paragraph (c) of subsection (3) of section
178 20.23, Florida Statutes, is amended to read:
179 20.23 Department of Transportation.—There is created a
180 Department of Transportation which shall be a decentralized
181 agency.
182 (3) The Legislature finds that the transportation industry
183 is critical to the economic future of this state and that the
184 competitiveness of the industry in this state depends upon the
185 development and maintenance of a qualified workforce and
186 cutting-edge research and innovation. The Legislature further
187 finds that the transportation industry in this state has varied
188 and complex workforce needs ranging from technical and
189 mechanical training to continuing education opportunities for
190 workers with advanced degrees and certifications. The timely
191 need also exists for coordinated research and innovation efforts
192 to promote emerging technologies and innovative construction
193 methods and tools and to address alternative funding mechanisms.
194 It is the intent of the Legislature to support programs designed
195 to address the workforce development needs of the state’s
196 transportation industry.
197 (c) The institute shall report to the department and shall
198 be composed of members from the University of Florida, the
199 Florida State University Indian River State College, the
200 University of Central Florida, the University of South Florida,
201 and Florida International University. The department shall
202 select a member to serve as the administrative lead of the
203 institute. The department shall assess the performance of the
204 administrative lead periodically to ensure accountability and
205 assess the attainment of performance goals.
206 Section 2. Paragraph (h) of subsection (4) of section
207 260.0142, Florida Statutes, is amended to read:
208 260.0142 Florida Greenways and Trails Council; composition;
209 powers and duties.—
210 (4) The duties of the council include the following:
211 (h) Make recommendations for updating and revising the
212 implementation plan for the Florida Greenways and Trails System,
213 including, but not limited to, recommendations for
214 prioritization of regionally significant trails within the
215 Florida Shared-Use Nonmotorized Trail Network. The council shall
216 meet within 90 days after the Department of Transportation
217 submits its report pursuant to s. 339.81(8) to update its
218 recommendations for prioritization of regionally significant
219 trails within the network.
220 Section 3. Paragraph (b) of subsection (2) of section
221 311.14, Florida Statutes, is amended to read:
222 311.14 Seaport planning.—
223 (2) Each port shall develop a strategic plan with a 10-year
224 horizon. Each plan must include the following:
225 (b) An infrastructure development and improvement component
226 that identifies all projected infrastructure improvements within
227 the plan area which require improvement, expansion, or
228 development in order for a port to attain a strategic advantage
229 for competition with national and international competitors.
230 This component must provide strategies for obtaining and
231 maintaining critical infrastructure resources for the port and
232 its tenants. Such strategies must include long-term contracts,
233 rights of first refusal regarding the sale or lease of property
234 storing such resources, and contingency plans for obtaining such
235 resources. For purposes of this paragraph, the term “critical
236 infrastructure resources,” includes, but is not limited to,
237 access to electricity, fuel, and water resources.
238
239 To the extent feasible, the port strategic plan must be
240 consistent with the local government comprehensive plans of the
241 units of local government in which the port is located. Upon
242 approval of a plan by the port’s board, the plan shall be
243 submitted to the Florida Seaport Transportation and Economic
244 Development Council.
245 Section 4. Section 311.26, Florida Statutes, is created to
246 read:
247 311.26 Florida seaport maritime industrial base.—The
248 Department of Transportation shall coordinate with the
249 Department of Commerce, the ports specified in s. 311.09, and
250 the Federal Government to identify and prioritize key maritime
251 components in the supply chain which are essential to
252 strengthening and expanding this state’s maritime industrial
253 base. The ports shall support projects prioritized by the
254 Department of Transportation which will directly support the
255 building and construction, maintenance, and modernization of
256 commercial vessels, including cargo vessels, and vessels
257 designed for national defense. Projects must be evaluated by
258 their estimated return on invested capital, job creation, and
259 contribution to the economic competitiveness and national
260 security interests of this state and the United States.
261 Additional consideration must include the anticipated
262 enhancement of this state’s commercial maritime capabilities.
263 Section 5. Subsection (59) of section 316.003, Florida
264 Statutes, is amended to read:
265 316.003 Definitions.—The following words and phrases, when
266 used in this chapter, shall have the meanings respectively
267 ascribed to them in this section, except where the context
268 otherwise requires:
269 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
270 device that:
271 (a) Is operated on sidewalks, and crosswalks, bicycle
272 lanes, or bicycle paths or on the shoulders of streets,
273 roadways, or highways, not including limited access facilities,
274 and intended primarily for transporting property;
275 (b) Has a weight that does not exceed the maximum weight
276 established by Department of Transportation rule;
277 (c) Operates at Has a maximum speed of 10 miles per hour on
278 sidewalks and crosswalks and 20 miles per hour on bicycle lanes
279 or bicycle paths or on the shoulders of streets, roadways, or
280 highways, not including limited access facilities; and
281 (d) Is equipped with technology to allow for operation of
282 the device with or without the active control or monitoring of a
283 natural person.
284
285 A personal delivery device is not considered a vehicle unless
286 expressly defined by law as a vehicle. A mobile carrier is not
287 considered a personal delivery device. The Department of
288 Transportation may adopt rules to implement this subsection.
289 Section 6. Paragraph (b) of subsection (7) of section
290 316.008, Florida Statutes, is amended, and paragraph (c) is
291 added to that subsection, to read:
292 316.008 Powers of local authorities.—
293 (7)
294 (b)1. Except as provided in subparagraphs 2. and 3.
295 subparagraph 2., a personal delivery device may be operated on
296 sidewalks, crosswalks, bicycle lanes, and bicycle paths and on
297 the shoulders of streets, roadways, and highways, not including
298 limited access facilities, and a mobile carrier may be operated
299 on sidewalks and crosswalks within a county or municipality when
300 such use is permissible under federal law. This subparagraph
301 paragraph does not restrict a county or municipality from
302 otherwise adopting regulations for the safe operation of
303 personal delivery devices and mobile carriers.
304 2. A personal delivery device may not be operated on the
305 Florida Shared-Use Nonmotorized Trail Network created under s.
306 339.81 or components of the Florida Greenways and Trails System
307 created under chapter 260 or in state forests, state parks, or
308 wildlife management areas.
309 3. A personal delivery device or mobile carrier may not be
310 operated within a theme park or entertainment complex as defined
311 in s. 509.013(9), or within an independent special district
312 created by local act which has boundaries within two contiguous
313 counties.
314 (c) A county or municipality may not enact, impose, levy,
315 collect, or enforce a fee for operating personal delivery
316 devices, except as expressly authorized by state statute.
317 Section 7. Paragraph (a) of subsection (1) and subsection
318 (3) of section 316.126, Florida Statutes, are amended to read:
319 316.126 Operation of vehicles and actions of pedestrians;
320 approach of authorized emergency, sanitation, or utility service
321 vehicle, wrecker, or road and bridge maintenance or construction
322 vehicle; presence of disabled motor vehicle.—
323 (1)(a) Upon the immediate approach of an authorized
324 emergency vehicle, while en route to meet an existing emergency,
325 the driver of every other vehicle shall, when such emergency
326 vehicle is giving audible signals by siren, exhaust whistle, or
327 other adequate device, or visible signals by the use of
328 flashing, oscillating, rotating, or similarly activated
329 displayed blue or red lights, yield the right-of-way to the
330 emergency vehicle and shall immediately proceed to a position
331 parallel to, and as close as reasonable to the closest edge of
332 the curb of the roadway, clear of any intersection and shall
333 stop and remain in position until the authorized emergency
334 vehicle has passed, unless otherwise directed by a law
335 enforcement officer. The use of cruise lights by an authorized
336 emergency vehicle is not a visible signal that requires a driver
337 to yield the right-of-way. For purposes of this paragraph, the
338 term “cruise lights” means low intensity, continuously
339 illuminated blue or red lights displayed on an authorized
340 emergency vehicle which remain on while the vehicle is in
341 service but not actively engaged in an emergency response.
342 (3) An authorized emergency vehicle, when en route to meet
343 an existing emergency, shall warn all other vehicular traffic
344 along the emergency route by an audible signal, siren, exhaust
345 whistle, or other adequate device or by a visible signal by the
346 use of flashing, oscillating, rotating, or similarly activated
347 displayed blue or red lights. While en route to such emergency,
348 the emergency vehicle shall otherwise proceed in a manner
349 consistent with the laws regulating vehicular traffic upon the
350 highways of this state.
351 Section 8. Subsections (1) and (3) of section 316.2071,
352 Florida Statutes, are amended, and subsections (5) and (6) are
353 added to that section, to read:
354 316.2071 Personal delivery devices and mobile carriers.—
355 (1) Notwithstanding any other provision of law to the
356 contrary, a personal delivery device may operate on sidewalks,
357 crosswalks, bicycle lanes, and bicycle paths and on the
358 shoulders of streets, roadways, and highways, not including
359 limited access facilities, and a or mobile carrier may operate
360 on sidewalks and crosswalks, subject to s. 316.008(7)(b). A
361 personal delivery device or mobile carrier operating on a
362 sidewalk or crosswalk has all the rights and duties applicable
363 to a pedestrian under the same circumstances. A, except that the
364 personal delivery device or mobile carrier may must not
365 unreasonably interfere with pedestrians, bicycles, or motor
366 vehicles traffic and must yield the right-of-way to pedestrians
367 on the sidewalk or crosswalk.
368 (3)(a) A personal delivery device and a mobile carrier may
369 not do any of the following:
370 1.(a) Operate on a sidewalk, crosswalk, bicycle lane, or
371 bicycle path or on the shoulder of a street, roadway, or highway
372 unless the personal delivery device meets minimum criteria
373 established by the Department of Transportation and a human
374 operator is capable of controlling and monitoring the navigation
375 and operation of the personal delivery device public highway
376 except to the extent necessary to cross a crosswalk.
377 2. Transport hazardous materials as defined in s. 316.003.
378 3. Operate on a limited access facility.
379 (b) A mobile carrier may not do any of the following:
380 1. Operate on a public highway except to the extent
381 necessary to cross a crosswalk.
382 2. Operate on a sidewalk or crosswalk unless the personal
383 delivery device operator is actively controlling or monitoring
384 the navigation and operation of the personal delivery device or
385 a mobile carrier owner remains within 25 feet of the mobile
386 carrier.
387 3.(c) Transport hazardous materials as defined in s.
388 316.003.
389 4.(d) For mobile carriers, Transport persons or animals.
390 (5) A personal delivery device or mobile carrier may not
391 operate within a theme park or entertainment complex as defined
392 in s. 509.013(9), or within an independent special district
393 created by local act which has boundaries within two contiguous
394 counties.
395 (6) The Department of Transportation may adopt rules to
396 implement this section.
397 Section 9. Paragraph (b) of subsection (1) of section
398 320.06, Florida Statutes, is amended to read:
399 320.06 Registration certificates, license plates, and
400 validation stickers generally.—
401 (1)
402 (b)1. Registration license plates bearing a graphic symbol
403 and the alphanumeric system of identification shall be issued
404 for a 10-year period. At the end of the 10-year period, upon
405 renewal, the plate shall be replaced. The department shall
406 extend the scheduled license plate replacement date from a 6
407 year period to a 10-year period. The fee for such replacement is
408 $28, $2.80 of which shall be paid each year before the plate is
409 replaced, to be credited toward the next $28 replacement fee.
410 The fees shall be deposited into the Highway Safety Operating
411 Trust Fund. A credit or refund may not be given for any prior
412 years’ payments of the prorated replacement fee if the plate is
413 replaced or surrendered before the end of the 10-year period,
414 except that a credit may be given if a registrant is required by
415 the department to replace a license plate under s.
416 320.08056(8)(a). With each license plate, a validation sticker
417 shall be issued showing the owner’s birth month, license plate
418 number, and the year of expiration or the appropriate renewal
419 period if the owner is not a natural person. The validation
420 sticker shall be placed on the upper right corner of the license
421 plate. The license plate and validation sticker shall be issued
422 based on the applicant’s appropriate renewal period. The
423 registration period is 12 months, the extended registration
424 period is 24 months, and all expirations occur based on the
425 applicant’s appropriate registration period. Rental vehicles
426 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
427 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) (4)(a)-(d) may
428 elect a permanent registration period, provided payment of the
429 appropriate license taxes and fees occurs annually.
430 2. Beginning July 1, 2024, a vehicle registered in
431 accordance with the International Registration Plan must be
432 issued a license plate for a 3-year period. At the end of the 3
433 year period, upon renewal, the license plate must be replaced.
434 Each license plate must include a validation sticker showing the
435 month of expiration. A cab card denoting the declared gross
436 vehicle weight for each apportioned jurisdiction must be issued
437 annually. The fee for an original or a renewal cab card is $28,
438 which must be deposited into the Highway Safety Operating Trust
439 Fund. If the license plate is damaged or worn, it may be
440 replaced at no charge by applying to the department and
441 surrendering the current license plate.
442 3. In order to retain the efficient administration of the
443 taxes and fees imposed by this chapter, the 80-cent fee increase
444 in the replacement fee imposed by chapter 2009-71, Laws of
445 Florida, is negated as provided in s. 320.0804.
446 Section 10. Section 322.032, Florida Statutes, is repealed.
447 Section 11. Section 322.059, Florida Statutes, is amended
448 to read:
449 322.059 Mandatory surrender of suspended driver license and
450 registration.—A person whose driver license or registration has
451 been suspended as provided in s. 322.058 must immediately return
452 his or her driver license and registration to the Department of
453 Highway Safety and Motor Vehicles. The department shall
454 invalidate the digital proof of driver license issued pursuant
455 to s. 322.032 for such person. If such person fails to return
456 his or her driver license or registration, a law enforcement
457 agent may seize the license or registration while the driver
458 license or registration is suspended.
459 Section 12. Subsection (1) of section 322.15, Florida
460 Statutes, is amended to read:
461 322.15 License to be carried and exhibited on demand;
462 fingerprint to be imprinted upon a citation.—
463 (1) Every licensee shall have his or her driver license,
464 which must be fully legible with no portion of such license
465 faded, altered, mutilated, or defaced, in his or her immediate
466 possession at all times when operating a motor vehicle and shall
467 present or submit the same upon the demand of a law enforcement
468 officer or an authorized representative of the department. A
469 licensee may present or submit a digital proof of driver license
470 as provided in s. 322.032 in lieu of his or her printed driver
471 license; however, if the law enforcement officer or authorized
472 representative of the department is unable to immediately verify
473 the digital proof of driver license, upon the demand of the law
474 enforcement officer or authorized representative of the
475 department, the licensee must present or submit his or her
476 printed driver license.
477 Section 13. Section 324.252, Florida Statutes, is repealed.
478 Section 14. Present paragraph (d) of subsection (3) of
479 section 330.41, Florida Statutes, is redesignated as paragraph
480 (e), a new paragraph (d) is added to that subsection, and
481 paragraph (c) of that subsection is amended, to read:
482 330.41 Unmanned Aircraft Systems Act.—
483 (3) REGULATION.—
484 (c)1. Except as otherwise expressly provided, a political
485 subdivision may not withhold issuance of a business tax receipt,
486 development permit, or other land use approval to a drone
487 delivery service on a commercial property or enact or enforce an
488 ordinance or a resolution that prohibits a drone delivery
489 service’s operation based on the location of its drone port,
490 notwithstanding part II of chapter 163 and chapter 205. A
491 political subdivision may enforce minimum setback and
492 landscaping regulations that are generally applicable to
493 permitted uses in the applicable drone port site’s zoning
494 district. This paragraph may not be construed to authorize a
495 political subdivision to require additional landscaping as a
496 condition of approval of a drone delivery service on a
497 commercial property port.
498 2. A drone delivery service may not operate within a theme
499 park or entertainment complex as defined in s. 509.013(9), or
500 within an independent special district created by local act
501 which has boundaries within two contiguous counties.
502 (d) The addition of a drone delivery service within the
503 parking area of a commercial property does not reduce the number
504 of parking spaces in the parking area for the purpose of
505 complying with any requirement for a minimum number of parking
506 spaces.
507 Section 15. Subsection (1) of section 332.001, Florida
508 Statutes, is amended to read:
509 332.001 Aviation; powers and duties of the Department of
510 Transportation.—
511 (1) It shall be the duty, function, and responsibility of
512 the Department of Transportation to plan and direct investments
513 in airport systems in this state to facilitate the efficient
514 movement of passengers and cargo and to continuously improve the
515 experience for the flying public and the supply chain of this
516 state’s businesses. In carrying out this duty and
517 responsibility, the department may assist and advise, cooperate,
518 and coordinate with the federal, state, local, or private
519 organizations and individuals in planning such systems of
520 airports.
521 Section 16. Subsection (10) is added to section 332.006,
522 Florida Statutes, to read:
523 332.006 Duties and responsibilities of the Department of
524 Transportation.—The Department of Transportation shall, within
525 the resources provided to the department:
526 (10) Coordinate with commercial service airports in this
527 state to review and evaluate policies and programs of the United
528 States Transportation Security Administration, including, but
529 not limited to, security screening programs and programs for
530 veterans and active duty servicemembers and their families, to
531 improve efficiency in airport operations and the overall
532 experience of the traveling public.
533 Section 17. Present subsections (4), (5), and (6) of
534 section 332.0075, Florida Statutes, are redesignated as
535 subsections (5), (6), and (7), respectively, and a new
536 subsection (4) is added to that section, to read:
537 332.0075 Commercial service airports; transparency and
538 accountability; penalty.—
539 (4) Notwithstanding any other provision of law, a
540 commercial service airport must develop a plan for obtaining and
541 maintaining critical infrastructure resources for the airport,
542 its tenants, and the traveling public. Such plans must include
543 long-term contracts and rights of first refusal regarding the
544 sale of and contingency plans for such resources. For purposes
545 of this subsection, the term “critical infrastructure resources”
546 includes, but is not limited to, access to electricity, fuel,
547 and water resources.
548 Section 18. Present subsections (1) through (37) of section
549 334.03, Florida Statutes, are redesignated as subsections (2)
550 through (38), respectively, a new subsection (1) is added to
551 that section, and present subsection (29) of that section is
552 amended, to read:
553 334.03 Definitions.—When used in the Florida Transportation
554 Code, the term:
555 (1) “Advanced air mobility corridor connection point” means
556 any land area or transportation facility, including any
557 airspace, designated by the department as suitable to support
558 the efficient movement of people and goods by use as a
559 connection point for advanced air mobility.
560 (30)(29) “Transportation corridor” means any advanced air
561 mobility corridor connection point or any land area designated
562 by the state, a county, or a municipality which is between two
563 geographic points and which area is used or suitable for the
564 movement of people and goods by one or more modes of
565 transportation, including areas necessary for management of
566 access and securing applicable approvals and permits.
567 Transportation corridors, other than advanced air mobility
568 corridor connection points, shall contain, but are not limited
569 to, the following:
570 (a) Existing publicly owned rights-of-way;
571 (b) All property or property interests necessary for future
572 transportation facilities, including rights of access, air,
573 view, and light, whether public or private, for the purpose of
574 securing and utilizing future transportation rights-of-way,
575 including, but not limited to, any lands reasonably necessary
576 now or in the future for securing applicable approvals and
577 permits, borrow pits, drainage ditches, water retention areas,
578 rest areas, replacement access for landowners whose access could
579 be impaired due to the construction of a future facility, and
580 replacement rights-of-way for relocation of rail and utility
581 facilities.
582 Section 19. Subsections (5), (20), and (21) of section
583 334.044, Florida Statutes, are amended, and subsections (40) and
584 (41) are added to that section, to read:
585 334.044 Powers and duties of the department.—The department
586 shall have the following general powers and duties:
587 (5) To purchase, lease, or otherwise acquire property and
588 materials, including the purchase of promotional items as part
589 of public information and education campaigns for the promotion
590 of environmental management, scenic highways, traffic and train
591 safety awareness, commercial motor vehicle safety, workforce
592 development, transportation-related economic development
593 opportunities, advanced air mobility electric vehicle use and
594 charging stations, autonomous vehicles, and context
595 classification for electric vehicles and autonomous vehicles; to
596 purchase, lease, or otherwise acquire equipment and supplies;
597 and to sell, exchange, or otherwise dispose of any property that
598 is no longer needed by the department.
599 (20) To operate and maintain designated research
600 facilities, to conduct and enter into contracts and agreements
601 for conducting research studies, and to collect data necessary
602 for the improvement of the state transportation system.
603 (21) To conduct and enter into contracts and agreements for
604 conducting research and demonstration projects relative to
605 innovative transportation technologies.
606 (40) To require local governments to submit applications
607 for federal funding for projects on state-owned rights-of-way,
608 roads, bridges, and limited access facilities to the department
609 for review and approval before submission of such applications
610 to the Federal Government.
611 (41) Notwithstanding any other law, to acquire, own,
612 construct, or operate, or any combination thereof, one or more
613 airports as defined in s. 330.27 for the purpose of supporting
614 advanced air mobility. The department may adopt rules to
615 implement this subsection.
616 Section 20. Section 334.64, Florida Statutes, is created to
617 read:
618 334.64 Department to serve as primary point of contact for
619 LiDAR procurement.—Notwithstanding s. 20.255(9), the department
620 shall serve as the primary point of contact for statewide
621 topographic aerial LiDAR procurement and cost sharing related to
622 statewide geographic information systems and geospatial data
623 sharing. The department may provide these services to other
624 state and local governmental entities by entering into an
625 interagency agreement consistent with chapter 216.
626 Notwithstanding any other provision of law, including any
627 charter, ordinance, statute, or special law, all state agencies
628 and local governmental entities conducting programs or
629 exercising powers relating to topographic aerial LiDAR mapping
630 are authorized to enter into an interagency agreement with the
631 department for the provision by the department of topographic
632 aerial LiDAR procurement and cost-sharing services, and to
633 delegate such authority to conduct programs or exercise powers
634 relating to topographic aerial LiDAR procurement and cost
635 sharing services to the department pursuant to such interagency
636 agreements. The department may adopt rules to implement this
637 section.
638 Section 21. Paragraphs (a) and (i) of subsection (3) and
639 paragraphs (b), (d), and (r) of subsection (7) of section
640 337.401, Florida Statutes, are amended to read:
641 337.401 Use of right-of-way for utilities subject to
642 regulation; permit; fees.—
643 (3)(a) Because of the unique circumstances applicable to
644 providers of communications services, including, but not limited
645 to, the circumstances described in paragraph (e) and the fact
646 that federal and state law require the nondiscriminatory
647 treatment of providers of telecommunications services, and
648 because of the desire to promote competition among providers of
649 communications services, it is the intent of the Legislature
650 that municipalities and counties treat providers of
651 communications services in a nondiscriminatory and competitively
652 neutral manner when imposing rules or regulations governing the
653 placement or maintenance of communications facilities in the
654 public roads or rights-of-way. Rules or regulations imposed by a
655 municipality or county relating to providers of communications
656 services placing or maintaining communications facilities in its
657 roads or rights-of-way must be generally applicable to all
658 providers of communications services, taking into account the
659 distinct engineering, construction, operation, maintenance,
660 public works, and safety requirements of the provider’s
661 facilities, and, notwithstanding any other law, may not require
662 a provider of communications services to apply for or enter into
663 an individual license, franchise, or other agreement with the
664 municipality or county as a condition of placing or maintaining
665 communications facilities in its roads or rights-of-way. In
666 addition to other reasonable rules or regulations that a
667 municipality or county may adopt relating to the placement or
668 maintenance of communications facilities in its roads or rights
669 of-way under this subsection or subsection (7), a municipality
670 or county may require a provider of communications services that
671 places or seeks to place facilities in its roads or rights-of
672 way to register with the municipality or county. To register, a
673 provider of communications services may be required only to
674 provide its name; the name, address, and telephone number of a
675 contact person for the registrant; the number of the
676 registrant’s current certificate of authorization issued by the
677 Florida Public Service Commission, the Federal Communications
678 Commission, or the Department of State; a statement of whether
679 the registrant is a pass-through provider as defined in
680 subparagraph (6)(a)1.; the registrant’s federal employer
681 identification number; and any required proof of insurance or
682 self-insuring status adequate to defend and cover claims. A
683 municipality or county may not require a registrant to renew a
684 registration more frequently than every 5 years but may require
685 during this period that a registrant update the registration
686 information provided under this subsection within 90 days after
687 a change in such information. A municipality or county may not
688 require the registrant to provide an inventory of communications
689 facilities, maps, locations of such facilities, or other
690 information by a registrant as a condition of registration,
691 renewal, or for any other purpose; provided, however, that a
692 municipality or county may require as part of a permit
693 application that the applicant identify at-grade communications
694 facilities within 50 feet of the proposed installation location
695 for the placement of at-grade communications facilities. A
696 municipality or county may not require that a provider locate or
697 perform a survey of any facilities except its own or any right
698 of-way boundary when requesting a permit consistent with chapter
699 556. If the owner of a facility fails to locate their facilities
700 as required under chapter 556, a provider must use reasonable
701 care and detection equipment or other acceptable means to avoid
702 damaging existing underground facilities. A municipality or
703 county may not require a provider to pay any fee, cost, or other
704 charge for registration or renewal thereof. A municipality or
705 county may not limit the number of permits in any way, including
706 by project size or by limiting the number of open permits or
707 applications, provided that the permit is closed out within 45
708 days after the provider’s completion of work. A municipality or
709 county may require the submission or maintenance of a bond or
710 other financial instrument as set out in this section but may
711 not require a cash deposit or other escrow, payment, or exaction
712 as a condition of issuing a permit. It is the intent of the
713 Legislature that the placement, operation, maintenance,
714 upgrading, and extension of communications facilities not be
715 unreasonably interrupted or delayed through the permitting or
716 other local regulatory process. Except as provided in this
717 chapter or otherwise expressly authorized by chapter 202,
718 chapter 364, or chapter 610, a municipality or county may not
719 adopt or enforce any ordinance, regulation, or requirement as to
720 the placement or operation of communications facilities in a
721 right-of-way by a communications services provider authorized by
722 state or local law to operate in a right-of-way; regulate any
723 communications services; or impose or collect any tax, fee,
724 cost, charge, or exaction for the placement of communications
725 facilities or the provision of communications services over the
726 communications services provider’s communications facilities in
727 a right-of-way.
728 (i) Except as expressly provided in this section, this
729 section does not modify the authority of municipalities and
730 counties to levy the tax authorized in chapter 202 or the duties
731 of providers of communications services under ss. 337.402
732 337.404. This section does not apply to building permits, pole
733 attachments, or private roads, private easements, and private
734 rights-of-way, or building permits unrelated to the placement of
735 communications facilities.
736 (7)
737 (b) As used in this section subsection, the term:
738 1. “Antenna” means communications equipment that transmits
739 or receives electromagnetic radio frequency signals used in
740 providing wireless services.
741 2. “Applicable codes” means uniform building, fire,
742 electrical, plumbing, or mechanical codes adopted by a
743 recognized national code organization or local amendments to
744 those codes enacted solely to address threats of destruction of
745 property or injury to persons, and includes the National
746 Electric Safety Code and the 2017 edition of the Florida
747 Department of Transportation Utility Accommodation Manual.
748 3. “Applicant” means a person who submits an application
749 and is a wireless provider.
750 4. “Application” means a request submitted by an applicant
751 to an authority for a permit to collocate small wireless
752 facilities, or to place a new utility pole used to support a
753 small wireless facility, or place other communications
754 facilities. An authority’s permit application form or process
755 must include all required permissions, however designated,
756 required by the authority to grant a permit to place
757 communications facilities, including, but not limited to, right
758 of-way occupancy, building permits, electrical permits, or
759 historic review.
760 5. “Authority” means a county or municipality having
761 jurisdiction and control of the rights-of-way of any public
762 road. The term does not include the Department of
763 Transportation. Rights-of-way under the jurisdiction and control
764 of the department are excluded from this subsection.
765 6. “Authority utility pole” means a utility pole owned by
766 an authority in the right-of-way. The term does not include a
767 utility pole owned by a municipal electric utility, a utility
768 pole used to support municipally owned or operated electric
769 distribution facilities, or a utility pole located in the right
770 of-way within:
771 a. A retirement community that:
772 (I) Is deed restricted as housing for older persons as
773 defined in s. 760.29(4)(b);
774 (II) Has more than 5,000 residents; and
775 (III) Has underground utilities for electric transmission
776 or distribution.
777 b. A municipality that:
778 (I) Is located on a coastal barrier island as defined in s.
779 161.053(1)(b)3.;
780 (II) Has a land area of less than 5 square miles;
781 (III) Has less than 10,000 residents; and
782 (IV) Has, before July 1, 2017, received referendum approval
783 to issue debt to finance municipal-wide undergrounding of its
784 utilities for electric transmission or distribution.
785 7. “Collocate” or “collocation” means to install, mount,
786 maintain, modify, operate, or replace one or more wireless
787 facilities on, under, within, or adjacent to a wireless support
788 structure or utility pole. The term does not include the
789 installation of a new utility pole or wireless support structure
790 in the public rights-of-way.
791 8. “FCC” means the Federal Communications Commission.
792 9. “Micro wireless facility” means a small wireless
793 facility having dimensions no larger than 24 inches in length,
794 15 inches in width, and 12 inches in height and an exterior
795 antenna, if any, no longer than 11 inches.
796 9.10. “Small wireless facility” means a wireless facility
797 that meets the following qualifications:
798 a. Each antenna associated with the facility is located
799 inside an enclosure of no more than 6 cubic feet in volume or,
800 in the case of antennas that have exposed elements, each antenna
801 and all of its exposed elements could fit within an enclosure of
802 no more than 6 cubic feet in volume; and
803 b. All other wireless equipment associated with the
804 facility is cumulatively no more than 28 cubic feet in volume.
805 The following types of associated ancillary equipment are not
806 included in the calculation of equipment volume: electric
807 meters, concealment elements, telecommunications demarcation
808 boxes, ground-based enclosures, grounding equipment, power
809 transfer switches, cutoff switches, vertical cable runs for the
810 connection of power and other services, and utility poles or
811 other support structures.
812 10.11. “Utility pole” means a pole or similar structure
813 that is used in whole or in part to provide communications
814 services or for electric distribution, lighting, traffic
815 control, signage, or a similar function. The term includes the
816 vertical support structure for traffic lights but does not
817 include a horizontal structure to which signal lights or other
818 traffic control devices are attached and does not include a pole
819 or similar structure 15 feet in height or less unless an
820 authority grants a waiver for such pole.
821 11.12. “Wireless facility” means equipment at a fixed
822 location which enables wireless communications between user
823 equipment and a communications network, including radio
824 transceivers, antennas, wires, coaxial or fiber-optic cable or
825 other cables, regular and backup power supplies, and comparable
826 equipment, regardless of technological configuration, and
827 equipment associated with wireless communications. The term
828 includes small wireless facilities. The term does not include:
829 a. The structure or improvements on, under, within, or
830 adjacent to the structure on which the equipment is collocated;
831 b. Wireline backhaul facilities; or
832 c. Coaxial or fiber-optic cable that is between wireless
833 structures or utility poles or that is otherwise not immediately
834 adjacent to or directly associated with a particular antenna.
835 12.13. “Wireless infrastructure provider” means a person
836 who has been certificated under chapter 364 to provide
837 telecommunications service or under chapter 610 to provide cable
838 or video services in this state, or that person’s affiliate, and
839 who builds or installs wireless communication transmission
840 equipment, wireless facilities, or wireless support structures
841 but is not a wireless services provider.
842 13.14. “Wireless provider” means a wireless infrastructure
843 provider or a wireless services provider.
844 14.15. “Wireless services” means any services provided
845 using licensed or unlicensed spectrum, whether at a fixed
846 location or mobile, using wireless facilities.
847 15.16. “Wireless services provider” means a person who
848 provides wireless services.
849 16.17. “Wireless support structure” means a freestanding
850 structure, such as a monopole, a guyed or self-supporting tower,
851 or another existing or proposed structure designed to support or
852 capable of supporting wireless facilities. The term does not
853 include a utility pole, pedestal, or other support structure for
854 ground-based equipment not mounted on a utility pole and less
855 than 5 feet in height.
856 (d) An authority may require a registration process and
857 permit fees in accordance with subsection (3). An authority
858 shall accept applications for permits and shall process and
859 issue permits subject to the following requirements:
860 1. An authority may not directly or indirectly require an
861 applicant to perform services unrelated to the collocation for
862 which approval is sought, such as in-kind contributions to the
863 authority, including reserving fiber, conduit, or pole space for
864 the authority.
865 2. An applicant may not be required to provide more
866 information to obtain a permit than is necessary to demonstrate
867 the applicant’s compliance with applicable codes for the
868 placement of small wireless facilities in the locations
869 identified in the application. An applicant may not be required
870 to provide inventories, maps, or locations of communications
871 facilities in the right-of-way other than as necessary to avoid
872 interference with other at-grade or aerial facilities located at
873 the specific location proposed for a small wireless facility or
874 within 50 feet of such location.
875 3. An authority may not:
876 a. Require the placement of small wireless facilities on
877 any specific utility pole or category of poles;
878 b. Require the placement of multiple antenna systems on a
879 single utility pole;
880 c. Require a demonstration that collocation of a small
881 wireless facility on an existing structure is not legally or
882 technically possible as a condition for granting a permit for
883 the collocation of a small wireless facility on a new utility
884 pole except as provided in paragraph (i);
885 d. Require compliance with an authority’s provisions
886 regarding placement of communications facilities, including
887 small wireless facilities or a new utility poles pole used to
888 support a small wireless facilities, facility in rights-of-way
889 under the control of the department unless the authority has
890 received a delegation from the department for the location of
891 the small wireless facility or utility pole;, or require such
892 compliance as a condition to receive a permit that is ancillary
893 to the permit for collocation of a small wireless facility,
894 including an electrical permit;
895 e. Require a meeting before filing an application;
896 f. Require direct or indirect public notification or a
897 public meeting for the placement of communication facilities in
898 the right-of-way;
899 g. Limit the size or configuration of a small wireless
900 facility or any of its components, if the small wireless
901 facility complies with the size limits in this subsection;
902 h. Prohibit the installation of a new utility pole used to
903 support the collocation of a small wireless facility if the
904 installation otherwise meets the requirements of this
905 subsection; or
906 i. Require that any component of a small wireless facility
907 be placed underground except as provided in paragraph (i); or
908 j. Require compliance with provisions regarding the
909 placement of communications facilities, including small wireless
910 facilities or new utility poles used to support small wireless
911 facilities, in rights-of-way not owned and controlled by the
912 authority and public utility easements that are within areas not
913 owned and controlled by the authority unless a permit delegation
914 agreement exists between the authority and the owner of the
915 right-of-way or area that contains the public utility easement.
916 4. Subject to paragraph (r), an authority may not limit the
917 placement, by minimum separation distances, of small wireless
918 facilities, utility poles on which small wireless facilities are
919 or will be collocated, or other at-grade communications
920 facilities. However, within 14 days after the date of filing the
921 application, an authority may request that the proposed location
922 of a small wireless facility be moved to another location in the
923 right-of-way and placed on an alternative authority utility pole
924 or support structure or placed on a new utility pole. The
925 authority and the applicant may negotiate the alternative
926 location, including any objective design standards and
927 reasonable spacing requirements for ground-based equipment, for
928 30 days after the date of the request. At the conclusion of the
929 negotiation period, if the alternative location is accepted by
930 the applicant, the applicant must notify the authority of such
931 acceptance and the application shall be deemed granted for any
932 new location for which there is agreement and all other
933 locations in the application. If an agreement is not reached,
934 the applicant must notify the authority of such nonagreement and
935 the authority must grant or deny the original application within
936 90 days after the date the application was filed. A request for
937 an alternative location, an acceptance of an alternative
938 location, or a rejection of an alternative location must be in
939 writing and provided by electronic mail.
940 5. An authority shall limit the height of a small wireless
941 facility to 10 feet above the utility pole or structure upon
942 which the small wireless facility is to be collocated. Unless
943 waived by an authority, the height for a new utility pole is
944 limited to the tallest existing utility pole as of July 1, 2017,
945 located in the same right-of-way, other than a utility pole for
946 which a waiver has previously been granted, measured from grade
947 in place within 500 feet of the proposed location of the small
948 wireless facility. If there is no utility pole within 500 feet,
949 the authority shall limit the height of the utility pole to 50
950 feet.
951 6. The installation by a communications services provider
952 of a utility pole in the public rights-of-way, other than a
953 utility pole used to support a small wireless facility, is
954 subject to authority rules or regulations governing the
955 placement of utility poles in the public rights-of-way.
956 7. Within 14 days after receiving an application, an
957 authority must determine and notify the applicant by electronic
958 mail as to whether the application is complete. If an
959 application is deemed incomplete, the authority must
960 specifically identify the missing information. An application is
961 deemed complete if the authority fails to provide notification
962 to the applicant within 14 days.
963 8. An application must be processed on a nondiscriminatory
964 basis. A complete application is deemed approved if an authority
965 fails to approve or deny the application within 60 days after
966 receipt of the application. If an authority does not use the 30
967 day negotiation period provided in subparagraph 4., the parties
968 may mutually agree to extend the 60-day application review
969 period. The authority shall grant or deny the application at the
970 end of the extended period. A permit issued pursuant to an
971 approved application shall remain effective for 1 year unless
972 extended by the authority.
973 9. An authority must notify the applicant of approval or
974 denial by electronic mail. An authority shall approve a complete
975 application unless it does not meet the authority’s applicable
976 codes. If the application is denied, the authority must specify
977 in writing the basis for denial, including the specific code
978 provisions on which the denial was based, and send the
979 documentation to the applicant by electronic mail on the day the
980 authority denies the application. The applicant may cure the
981 deficiencies identified by the authority and resubmit the
982 application within 30 days after notice of the denial is sent to
983 the applicant. The authority shall approve or deny the revised
984 application within 30 days after receipt or the application is
985 deemed approved. The review of a revised application is limited
986 to the deficiencies cited in the denial. If an authority
987 provides for administrative review of the denial of an
988 application, the review must be complete and a written decision
989 issued within 45 days after a written request for review is
990 made. A denial must identify the specific code provisions on
991 which the denial is based. If the administrative review is not
992 complete within 45 days, the authority waives any claim
993 regarding failure to exhaust administrative remedies in any
994 judicial review of the denial of an application.
995 10. An applicant seeking to collocate small wireless
996 facilities within the jurisdiction of a single authority may, at
997 the applicant’s discretion, file a consolidated application and
998 receive a single permit for the collocation of up to 30 small
999 wireless facilities. If the application includes multiple small
1000 wireless facilities, an authority may separately address small
1001 wireless facility collocations for which incomplete information
1002 has been received or which are denied.
1003 11. An authority may deny an application to collocate a
1004 small wireless facility or place a utility pole used to support
1005 a small wireless facility in the public rights-of-way if the
1006 proposed small wireless facility or utility pole used to support
1007 a small wireless facility:
1008 a. Materially interferes with the safe operation of traffic
1009 control equipment.
1010 b. Materially interferes with sight lines or clear zones
1011 for transportation, pedestrians, or public safety purposes.
1012 c. Materially interferes with compliance with the Americans
1013 with Disabilities Act or similar federal or state standards
1014 regarding pedestrian access or movement.
1015 d. Materially fails to comply with the 2017 edition of the
1016 Florida Department of Transportation Utility Accommodation
1017 Manual.
1018 e. Fails to comply with applicable codes.
1019 f. Fails to comply with objective design standards
1020 authorized under paragraph (r).
1021 12. An authority may adopt by ordinance provisions for
1022 insurance coverage, indemnification, force majeure, abandonment,
1023 authority liability, or authority warranties. Such provisions
1024 must be reasonable and nondiscriminatory and apply to all
1025 providers of communications services, including, if applicable,
1026 any local government or nonprofit providers. An authority may
1027 require a construction bond to secure restoration of the
1028 postconstruction rights-of-way to the preconstruction condition.
1029 However, such bond must be time-limited to not more than 18
1030 months after the construction to which the bond applies is
1031 completed, and such bond must be reasonably related to the cost
1032 to secure restoration of the rights-of-way. An authority may not
1033 limit the number of permits allowed under the same bond. For any
1034 financial obligation required by an authority allowed under this
1035 section, the authority may not limit the number of permits in
1036 any way, including by project size or by limiting the number of
1037 applications or open permits, provided that the permit is closed
1038 out within 45 days after the provider’s completion of work; may
1039 not impose additional requirements based on the scope or linear
1040 feet of the project; and shall accept, at the option of the
1041 applicant, a bond or a letter of credit or similar financial
1042 instrument issued by any financial institution that is
1043 authorized to do business within the United States and, provided
1044 that a claim against the financial instrument may be made by
1045 electronic means, including by facsimile. An authority may not
1046 require a deposit or escrow of cash as a condition of issuing a
1047 permit or compel the applicant to agree to any additional terms
1048 or agreements not specifically authorized by this act or
1049 directly related to the work set out in the application. A
1050 provider of communications services may add an authority to any
1051 existing bond, insurance policy, or other relevant financial
1052 instrument, and the authority must accept such proof of coverage
1053 without any conditions other than consent to venue for purposes
1054 of any litigation to which the authority is a party. An
1055 authority may not require a communications services provider to
1056 indemnify it for liabilities not caused by the provider, its
1057 agents, or its employees, including liabilities arising from the
1058 authority’s negligence, gross negligence, or willful conduct by
1059 an unaffiliated third party.
1060 13. Collocation of a small wireless facility on an
1061 authority utility pole does not provide the basis for the
1062 imposition of an ad valorem tax on the authority utility pole.
1063 14. An authority may reserve space on authority utility
1064 poles for future public safety uses. However, a reservation of
1065 space may not preclude collocation of a small wireless facility.
1066 If replacement of the authority utility pole is necessary to
1067 accommodate the collocation of the small wireless facility and
1068 the future public safety use, the pole replacement is subject to
1069 make-ready provisions and the replaced pole shall accommodate
1070 the future public safety use.
1071 15. A structure granted a permit and installed pursuant to
1072 this subsection shall comply with chapter 333 and federal
1073 regulations pertaining to airport airspace protections.
1074 (r) An authority may require wireless providers to comply
1075 with objective design standards adopted by ordinance. The
1076 ordinance may only require:
1077 1. A new utility pole that replaces an existing utility
1078 pole to be of substantially similar design, material, and color;
1079 2. Reasonable spacing requirements concerning the location
1080 of a ground-mounted component of a small wireless facility which
1081 does not exceed 15 feet from the associated support structure;
1082 or
1083 3. A small wireless facility to meet reasonable location
1084 context, color, camouflage, and concealment requirements,
1085 subject to the limitations in this subsection; and
1086 4. A new utility pole used to support a small wireless
1087 facility to meet reasonable location context, color, and
1088 material of the predominant utility pole type at the proposed
1089 location of the new utility pole.
1090
1091 Such design standards under this paragraph may be waived by the
1092 authority upon a showing that the design standards are not
1093 reasonably compatible for the particular location of a small
1094 wireless facility or utility pole or are technically infeasible
1095 or that the design standards impose an excessive expense. The
1096 waiver must be granted or denied within 45 days after the date
1097 of the request. An authority may not require landscaping,
1098 landscaping maintenance, or vegetation management other than
1099 that necessary for right-of-way restoration.
1100 Section 22. Present paragraphs (b) and (c) of subsection
1101 (3) of section 338.231, Florida Statutes, are redesignated as
1102 paragraphs (c) and (d), respectively, a new paragraph (b) is
1103 added to that subsection, and paragraph (a) of that subsection
1104 is amended, to read:
1105 338.231 Turnpike tolls, fixing; pledge of tolls and other
1106 revenues.—The department shall at all times fix, adjust, charge,
1107 and collect such tolls and amounts for the use of the turnpike
1108 system as are required in order to provide a fund sufficient
1109 with other revenues of the turnpike system to pay the cost of
1110 maintaining, improving, repairing, and operating such turnpike
1111 system; to pay the principal of and interest on all bonds issued
1112 to finance or refinance any portion of the turnpike system as
1113 the same become due and payable; and to create reserves for all
1114 such purposes.
1115 (3)(a)1. For the period July 1, 1998, through June 30, 2029
1116 2027, the department shall, to the maximum extent feasible,
1117 program sufficient funds in the tentative work program such that
1118 the percentage of turnpike toll and bond financed commitments in
1119 Miami-Dade County, Broward County, and Palm Beach County as
1120 compared to total turnpike toll and bond financed commitments
1121 shall be at least 90 percent of the share of net toll
1122 collections attributable to users of the turnpike system in
1123 Miami-Dade County, Broward County, and Palm Beach County as
1124 compared to total net toll collections attributable to users of
1125 the turnpike system.
1126 2. Beginning in the 2029-2030 fiscal year, the department
1127 shall, to the maximum extent feasible, program sufficient funds
1128 in the tentative work program such that 100 percent of the share
1129 of net toll collections attributable to users of the turnpike
1130 system in Miami-Dade County, Broward County, and Palm Beach
1131 County is used for turnpike toll and bond financed commitments
1132 in those counties.
1133
1134 This paragraph subsection does not apply when the application of
1135 such requirements would violate any covenant established in a
1136 resolution or trust indenture relating to the issuance of
1137 turnpike bonds.
1138 (b) The department may at any time for economic
1139 considerations establish lower temporary toll rates for a new or
1140 existing toll facility for a period not to exceed 1 year, after
1141 which the toll rates adopted pursuant to s. 120.54 shall become
1142 effective.
1143 Section 23. Paragraph (b) of subsection (2) and paragraph
1144 (d) of subsection (5) of section 339.81, Florida Statutes, are
1145 amended to read:
1146 339.81 Florida Shared-Use Nonmotorized Trail Network.—
1147 (2)
1148 (b) The multiuse trails or shared-use paths of the
1149 statewide network must be physically separated from motor
1150 vehicle traffic and constructed with asphalt, concrete, or
1151 another improved hard surface approved by the department.
1152 (5)
1153 (d) To the greatest extent practicable, the department
1154 shall program projects in the work program to plan for
1155 development of the entire trail and to minimize the creation of
1156 gaps between trail segments. The department shall, at a minimum,
1157 ensure that local support exists for projects and trail
1158 segments, including the availability or dedication of local
1159 funding sources and of contributions by private landowners who
1160 agree to make their land, or property interests in such land,
1161 available for public use as a trail. The department may also
1162 consider any sponsorship agreement entered into pursuant to
1163 subsection (7).
1164 Section 24. Subsection (16) of section 341.041, Florida
1165 Statutes, is amended to read:
1166 341.041 Transit responsibilities of the department.—The
1167 department shall, within the resources provided pursuant to
1168 chapter 216:
1169 (16) Unless otherwise provided by state or federal law,
1170 ensure that all grants and agreements between the department and
1171 entities providing paratransit services to persons with
1172 disabilities include, at a minimum, the following provisions:
1173 (a) Performance requirements for the delivery of services,
1174 including clear penalties for repeated or continuing violations;
1175 (b) Minimum liability insurance requirements for all
1176 transportation services purchased, provided, or coordinated for
1177 the transportation disadvantaged, as defined in s. 427.011(1),
1178 through the contracted vendor or subcontractor thereof;
1179 (c) Complaint and grievance processes for users of
1180 paratransit services for persons with disabilities users,
1181 including a requirement that all reported complaints,
1182 grievances, and resolutions be reported to the department on a
1183 quarterly basis; and
1184 (d) A requirement that the provisions of paragraphs (a),
1185 (b), and (c) must be included in any agreement between an entity
1186 receiving a grant or an agreement from the department and such
1187 entity’s contractors or subcontractors that provide paratransit
1188 services for persons with disabilities.
1189 Section 25. Section 479.25, Florida Statutes, is amended to
1190 read:
1191 479.25 Erection of noise-attenuation barrier or obstruction
1192 blocking view of sign; procedures; application.—
1193 (1) The owner of a lawfully erected sign that is governed
1194 by and conforms to state and federal requirements for land use,
1195 size, height, and spacing may increase the height above ground
1196 level of such sign at its permitted location if a noise
1197 attenuation barrier, ramp, or braided bridge is permitted by or
1198 erected by any governmental entity in such a way as to screen or
1199 block visibility of the sign. Any increase in height permitted
1200 under this section may only be the increase in height which is
1201 required to achieve the same degree of visibility from the
1202 right-of-way which the sign had before the construction of the
1203 noise-attenuation barrier, ramp, or braided bridge,
1204 notwithstanding the restrictions contained in s. 479.07(9)(b). A
1205 sign reconstructed under this section must comply with the
1206 building standards and wind load requirements provided in the
1207 Florida Building Code. If construction of a proposed noise
1208 attenuation barrier, ramp, or braided bridge will screen a sign
1209 lawfully permitted under this chapter, the department shall
1210 provide notice to the local government or local jurisdiction
1211 within which the sign is located before construction. Upon a
1212 determination that an increase in the height of a sign as
1213 permitted under this section will violate an ordinance or a land
1214 development regulation of the local government or local
1215 jurisdiction, the local government or local jurisdiction shall,
1216 before construction:
1217 (a) Provide a variance or waiver to the local ordinance or
1218 land development regulations to allow an increase in the height
1219 of the sign;
1220 (b) Allow the sign to be relocated or reconstructed at
1221 another location if the sign owner agrees; or
1222 (c) Pay the fair market value of the sign and its
1223 associated interest in the real property.
1224 (2) The department shall hold a public hearing within the
1225 boundaries of the affected local governments or local
1226 jurisdictions to receive input on the proposed noise-attenuation
1227 barrier, ramp, or braided bridge and its conflict with the local
1228 ordinance or land development regulation and to suggest or
1229 consider alternatives or modifications to alleviate or minimize
1230 the conflict with the local ordinance or land development
1231 regulation or minimize any costs that may be associated with
1232 relocating, reconstructing, or paying for the affected sign. The
1233 public hearing may be held concurrently with other public
1234 hearings scheduled for the project. The department shall provide
1235 a written notification to the local government or local
1236 jurisdiction of the date and time of the public hearing and
1237 shall provide general notice of the public hearing in accordance
1238 with the notice provisions of s. 335.02(1). The notice may not
1239 be placed in that portion of a newspaper in which legal notices
1240 or classified advertisements appear. The notice must
1241 specifically state that:
1242 (a) Erection of the proposed noise-attenuation barrier,
1243 ramp, or braided bridge may block the visibility of an existing
1244 outdoor advertising sign;
1245 (b) The local government or local jurisdiction may restrict
1246 or prohibit increasing the height of the existing outdoor
1247 advertising sign; and
1248 (c) Upon construction of the noise-attenuation barrier,
1249 ramp, or braided bridge, the local government or local
1250 jurisdiction shall:
1251 1. Allow an increase in the height of the sign through a
1252 waiver or variance to a local ordinance or land development
1253 regulation;
1254 2. Allow the sign to be relocated or reconstructed at
1255 another location if the sign owner agrees; or
1256 3. Pay the fair market value of the sign and its associated
1257 interest in the real property.
1258 (3) The department may not permit erection of the noise
1259 attenuation barrier, ramp, or braided bridge to the extent the
1260 barrier or obstruction screens or blocks visibility of the sign
1261 until after the public hearing is held.
1262 (4) This section does not apply to any existing written
1263 agreement executed before July 1, 2006, between any local
1264 government and the owner of an outdoor advertising sign.
1265 Section 26. Section 790.19, Florida Statutes, is amended to
1266 read:
1267 790.19 Shooting into or throwing deadly missiles into
1268 dwellings, public or private buildings, occupied or not
1269 occupied; vessels, aircraft, buses, railroad cars, streetcars,
1270 or other vehicles.—A person who Whoever, wantonly or
1271 maliciously, shoots at, within, or into, or throws a any missile
1272 or hurls or projects a stone or other hard substance which would
1273 produce death or great bodily harm, at, within, or in a any
1274 public or private building, occupied or unoccupied; a, or public
1275 or private bus or a any train, locomotive, railway car, caboose,
1276 cable railway car, street railway car, monorail car, or vehicle
1277 of any kind which is being used or occupied by a any person; an
1278 autonomous vehicle, occupied or unoccupied; a, or any boat,
1279 vessel, ship, or barge lying in or plying the waters of this
1280 state;, or an aircraft flying through the airspace of this state
1281 commits shall be guilty of a felony of the second degree,
1282 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1283 Section 27. Present subsections (8) through (12) of section
1284 806.13, Florida Statutes, are redesignated as subsections (9)
1285 through (13), respectively, a new subsection (8) is added to
1286 that section, and present subsection (11) of that section is
1287 amended, to read:
1288 806.13 Criminal mischief; penalties; penalty for minor.—
1289 (8) A person who willfully or maliciously defaces, injures,
1290 or damages by any means an autonomous vehicle as defined in s.
1291 316.003(3)(a) commits a felony of the third degree, punishable
1292 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
1293 damage to the vehicle is greater than $200.
1294 (12)(11) A minor whose driver license or driving privilege
1295 is revoked, suspended, or withheld under subsection (11) (10)
1296 may elect to reduce the period of revocation, suspension, or
1297 withholding by performing community service at the rate of 1 day
1298 for each hour of community service performed. In addition, if
1299 the court determines that due to a family hardship, the minor’s
1300 driver license or driving privilege is necessary for employment
1301 or medical purposes of the minor or a member of the minor’s
1302 family, the court shall order the minor to perform community
1303 service and reduce the period of revocation, suspension, or
1304 withholding at the rate of 1 day for each hour of community
1305 service performed. As used in this subsection, the term
1306 “community service” means cleaning graffiti from public
1307 property.
1308 Section 28. Section 8 of chapter 2006-316, Laws of Florida,
1309 is amended to read:
1310 Section 8. Senator N. Ray Carroll Memorial Interchange
1311 designated; Department of Transportation to erect suitable
1312 markers.—
1313 (1) Upon completion of construction, the New Nolte Road
1314 Interchange The Florida Turnpike interchange being constructed
1315 at Milepost 240 and Kissimmee Park Road in Osceola County is
1316 designated as “Senator N. Ray Carroll Memorial Interchange.”
1317 (2) The Department of Transportation is directed to erect
1318 suitable markers designating Senator N. Ray Carroll Memorial
1319 Interchange as described in subsection (1).
1320 Section 29. The Department of Transportation shall conduct
1321 a study to evaluate the long-term impact of alternative fuel
1322 vehicles on state transportation revenues and identify potential
1323 policy options to address projected revenue reductions.
1324 (1) The study must:
1325 (a) Identify the projected impact of specific alternative
1326 fuel vehicle types and the corresponding projected impact on
1327 state transportation revenues.
1328 (b) Evaluate new transportation revenue models, including,
1329 but not limited to, alternative fuel vehicle-specific
1330 registration fees and taxes; technological and industry
1331 partnerships that could facilitate fees based on miles-per
1332 gallon usage equivalences; and revenue models that are based on
1333 vehicle miles-based taxes.
1334 (c) Analyze the advantages, disadvantages, and projected
1335 revenue impacts from each transportation revenue model.
1336 (2) By January 1, 2027, the department shall submit a
1337 report to the Governor, the President of the Senate, and the
1338 Speaker of the House of Representatives providing the results of
1339 the study.
1340 Section 30. For the 2026-2027 fiscal year, the sum of
1341 $300,000 in nonrecurring funds is appropriated from the State
1342 Transportation Trust Fund to the Department of Transportation
1343 for the purpose of studying alternative fuel vehicles and
1344 methods to receive transportation revenues from users of such
1345 vehicles.
1346 Section 31. Paragraph (b) of subsection (3) of section
1347 311.07, Florida Statutes, is amended to read:
1348 311.07 Florida seaport transportation and economic
1349 development funding.—
1350 (3)
1351 (b) Projects eligible for funding by grants under the
1352 program are limited to the following port facilities or port
1353 transportation projects:
1354 1. Transportation facilities within the jurisdiction of the
1355 port.
1356 2. The dredging or deepening of channels, turning basins,
1357 or harbors.
1358 3. The construction or rehabilitation of wharves, docks,
1359 structures, jetties, piers, storage facilities, cruise
1360 terminals, automated people mover systems, or any facilities
1361 necessary or useful in connection with any of the foregoing.
1362 4. The acquisition of vessel tracking systems, container
1363 cranes, or other mechanized equipment used in the movement of
1364 cargo or passengers in international commerce.
1365 5. The acquisition of land to be used for port purposes.
1366 6. The acquisition, improvement, enlargement, or extension
1367 of existing port facilities.
1368 7. Environmental protection projects which are necessary
1369 because of requirements imposed by a state agency as a condition
1370 of a permit or other form of state approval; which are necessary
1371 for environmental mitigation required as a condition of a state,
1372 federal, or local environmental permit; which are necessary for
1373 the acquisition of spoil disposal sites and improvements to
1374 existing and future spoil sites; or which result from the
1375 funding of eligible projects listed in this paragraph.
1376 8. Transportation facilities as defined in s. 334.03 s.
1377 334.03(30) which are not otherwise part of the Department of
1378 Transportation’s adopted work program.
1379 9. Intermodal access projects.
1380 10. Construction or rehabilitation of port facilities as
1381 defined in s. 315.02, excluding any park or recreational
1382 facilities, in ports listed in s. 311.09(1) with operating
1383 revenues of $5 million or less, provided that such projects
1384 create economic development opportunities, capital improvements,
1385 and positive financial returns to such ports.
1386 11. Seaport master plan or strategic plan development or
1387 updates, including the purchase of data to support such plans.
1388 12. Spaceport or space industry-related planning or
1389 construction of facilities on seaport property which are
1390 necessary or useful for advancing the space industry in this
1391 state and provide an economic benefit to this state.
1392 13. Commercial shipbuilding and manufacturing facilities on
1393 seaport property, if such projects provide an economic benefit
1394 to the community in which the seaport is located.
1395 Section 32. Paragraph (b) of subsection (2) of section
1396 316.0777, Florida Statutes, is amended to read:
1397 316.0777 Automated license plate recognition systems;
1398 installation within rights-of-way of State Highway System;
1399 public records exemption.—
1400 (2)
1401 (b) At the discretion of the Department of Transportation,
1402 an automated license plate recognition system may be installed
1403 within the right-of-way, as defined in s. 334.03 s. 334.03(21),
1404 of a road on the State Highway System when installed at the
1405 request of a law enforcement agency for the purpose of
1406 collecting active criminal intelligence information or active
1407 criminal investigative information as defined in s. 119.011(3).
1408 An automated license plate recognition system may not be used to
1409 issue a notice of violation for a traffic infraction or a
1410 uniform traffic citation. Such installation must be in
1411 accordance with placement and installation guidelines developed
1412 by the Department of Transportation. An automated license plate
1413 recognition system must be removed within 30 days after the
1414 Department of Transportation notifies the requesting law
1415 enforcement agency that such removal must occur.
1416 Section 33. Paragraph (c) of subsection (5) of section
1417 316.515, Florida Statutes, is amended to read:
1418 316.515 Maximum width, height, length.—
1419 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1420 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
1421 (c) The width and height limitations of this section do not
1422 apply to farming or agricultural equipment, whether self
1423 propelled, pulled, or hauled, when temporarily operated during
1424 daylight hours upon a public road that is not a limited access
1425 facility as defined in s. 334.03 s. 334.03(12), and the width
1426 and height limitations may be exceeded by such equipment without
1427 a permit. To be eligible for this exemption, the equipment shall
1428 be operated within a radius of 50 miles of the real property
1429 owned, rented, managed, harvested, or leased by the equipment
1430 owner. However, equipment being delivered by a dealer to a
1431 purchaser is not subject to the 50-mile limitation. Farming or
1432 agricultural equipment greater than 174 inches in width must
1433 have one warning lamp mounted on each side of the equipment to
1434 denote the width and must have a slow-moving vehicle sign.
1435 Warning lamps required by this paragraph must be visible from
1436 the front and rear of the vehicle and must be visible from a
1437 distance of at least 1,000 feet.
1438 Section 34. Section 336.01, Florida Statutes, is amended to
1439 read:
1440 336.01 Designation of county road system.—The county road
1441 system shall be as defined in s. 334.03 s. 334.03(8).
1442 Section 35. Subsection (2) of section 338.222, Florida
1443 Statutes, is amended to read:
1444 338.222 Department of Transportation sole governmental
1445 entity to acquire, construct, or operate turnpike projects;
1446 exception.—
1447 (2) The department may, but is not required to, contract
1448 with any local governmental entity as defined in s. 334.03 s.
1449 334.03(13) for the design, right-of-way acquisition, transfer,
1450 purchase, sale, acquisition, or other conveyance of the
1451 ownership, operation, maintenance, or construction of any
1452 turnpike project which the Legislature has approved. Local
1453 governmental entities may negotiate and contract with the
1454 department for the design, right-of-way acquisition, transfer,
1455 purchase, sale, acquisition, or other conveyance of the
1456 ownership, operation, maintenance, or construction of any
1457 section of the turnpike project within areas of their respective
1458 jurisdictions or within counties with which they have interlocal
1459 agreements.
1460 Section 36. Subsection (2) of section 341.8225, Florida
1461 Statutes, is amended to read:
1462 341.8225 Department of Transportation sole governmental
1463 entity to acquire, construct, or operate high-speed rail
1464 projects; exception.—
1465 (2) Local governmental entities, as defined in s. 334.03 s.
1466 334.03(13), may negotiate with the department for the design,
1467 right-of-way acquisition, and construction of any component of
1468 the high-speed rail system within areas of their respective
1469 jurisdictions or within counties with which they have interlocal
1470 agreements.
1471 Section 37. Paragraph (b) of subsection (12) of section
1472 376.3071, Florida Statutes, is amended to read:
1473 376.3071 Inland Protection Trust Fund; creation; purposes;
1474 funding.—
1475 (12) SITE CLEANUP.—
1476 (b) Low-scored site initiative.—Notwithstanding subsections
1477 (5) and (6), a site with a priority ranking score of 29 points
1478 or less may voluntarily participate in the low-scored site
1479 initiative regardless of whether the site is eligible for state
1480 restoration funding.
1481 1. To participate in the low-scored site initiative, the
1482 property owner, or a responsible party who provides evidence of
1483 authorization from the property owner, must submit a “No Further
1484 Action” proposal and affirmatively demonstrate that the
1485 conditions imposed under subparagraph 4. are met.
1486 2. Upon affirmative demonstration that the conditions
1487 imposed under subparagraph 4. are met, the department shall
1488 issue a site rehabilitation completion order incorporating the
1489 “No Further Action” proposal submitted by the property owner or
1490 the responsible party, who must provide evidence of
1491 authorization from the property owner. If no contamination is
1492 detected, the department may issue a site rehabilitation
1493 completion order.
1494 3. Sites that are eligible for state restoration funding
1495 may receive payment of costs for the low-scored site initiative
1496 as follows:
1497 a. A property owner, or a responsible party who provides
1498 evidence of authorization from the property owner, may submit an
1499 assessment and limited remediation plan designed to
1500 affirmatively demonstrate that the site meets the conditions
1501 imposed under subparagraph 4. Notwithstanding the priority
1502 ranking score of the site, the department may approve the cost
1503 of the assessment and limited remediation, including up to 12
1504 months of groundwater monitoring and 12 months of limited
1505 remediation activities in one or more task assignments or
1506 modifications thereof, not to exceed the threshold amount
1507 provided in s. 287.017 for CATEGORY TWO, for each site where the
1508 department has determined that the assessment and limited
1509 remediation, if applicable, will likely result in a
1510 determination of “No Further Action.” The department may not pay
1511 the costs associated with the establishment of institutional or
1512 engineering controls other than the costs associated with a
1513 professional land survey or a specific purpose survey, if such
1514 is needed, and the costs associated with obtaining a title
1515 report and paying recording fees.
1516 b. After the approval of initial site assessment results
1517 provided pursuant to state funding under sub-subparagraph a.,
1518 the department may approve an additional amount not to exceed
1519 the threshold amount provided in s. 287.017 for CATEGORY TWO for
1520 limited remediation needed to achieve a determination of “No
1521 Further Action.”
1522 c. The assessment and limited remediation work shall be
1523 completed no later than 15 months after the department
1524 authorizes the start of a state-funded, low-score site
1525 initiative task. If groundwater monitoring is required after the
1526 assessment and limited remediation in order to satisfy the
1527 conditions under subparagraph 4., the department may authorize
1528 an additional 12 months to complete the monitoring.
1529 d. No more than $15 million for the low-scored site
1530 initiative may be encumbered from the fund in any fiscal year.
1531 Funds shall be made available on a first-come, first-served
1532 basis and shall be limited to 10 sites in each fiscal year for
1533 each property owner or each responsible party who provides
1534 evidence of authorization from the property owner.
1535 e. Program deductibles, copayments, and the limited
1536 contamination assessment report requirements under paragraph
1537 (13)(d) do not apply to expenditures under this paragraph.
1538 4. The department shall issue an order incorporating the
1539 “No Further Action” proposal submitted by a property owner or a
1540 responsible party who provides evidence of authorization from
1541 the property owner upon affirmative demonstration that all of
1542 the following conditions are met:
1543 a. Soil saturated with petroleum or petroleum products, or
1544 soil that causes a total corrected hydrocarbon measurement of
1545 500 parts per million or higher for the Gasoline Analytical
1546 Group or 50 parts per million or higher for the Kerosene
1547 Analytical Group, as defined by department rule, does not exist
1548 onsite as a result of a release of petroleum products.
1549 b. A minimum of 12 months of groundwater monitoring
1550 indicates that the plume is shrinking or stable.
1551 c. The release of petroleum products at the site does not
1552 adversely affect adjacent surface waters, including their
1553 effects on human health and the environment.
1554 d. The area containing the petroleum products’ chemicals of
1555 concern:
1556 (I) Is confined to the source property boundaries of the
1557 real property on which the discharge originated, unless the
1558 property owner has requested or authorized a more limited area
1559 in the “No Further Action” proposal submitted under this
1560 subsection; or
1561 (II) Has migrated from the source property onto or beneath
1562 a transportation facility as defined in s. 334.03 s. 334.03(30)
1563 for which the department has approved, and the governmental
1564 entity owning the transportation facility has agreed to
1565 institutional controls as defined in s. 376.301(21). This sub
1566 sub-subparagraph does not, however, impose any legal liability
1567 on the transportation facility owner, obligate such owner to
1568 engage in remediation, or waive such owner’s right to recover
1569 costs for damages.
1570 e. The groundwater contamination containing the petroleum
1571 products’ chemicals of concern is not a threat to any permitted
1572 potable water supply well.
1573 f. Soils onsite found between land surface and 2 feet below
1574 land surface which are subject to human exposure meet the soil
1575 cleanup target levels established in subparagraph (5)(b)9., or
1576 human exposure is limited by appropriate institutional or
1577 engineering controls.
1578
1579 Issuance of a site rehabilitation completion order under this
1580 paragraph acknowledges that minimal contamination exists onsite
1581 and that such contamination is not a threat to the public
1582 health, safety, or welfare; water resources; or the environment.
1583 Pursuant to subsection (4), the issuance of the site
1584 rehabilitation completion order, with or without conditions,
1585 does not alter eligibility for state-funded rehabilitation that
1586 would otherwise be applicable under this section.
1587 Section 38. Paragraph (a) of subsection (2) of section
1588 403.7211, Florida Statutes, is amended to read:
1589 403.7211 Hazardous waste facilities managing hazardous
1590 wastes generated offsite; federal facilities managing hazardous
1591 waste.—
1592 (2) The department may not issue any permit under s.
1593 403.722 for the construction, initial operation, or substantial
1594 modification of a facility for the disposal, storage, or
1595 treatment of hazardous waste generated offsite which is proposed
1596 to be located in any of the following locations:
1597 (a) Any area where life-threatening concentrations of
1598 hazardous substances could accumulate at any residence or
1599 residential subdivision as the result of a catastrophic event at
1600 the proposed facility, unless each such residence or residential
1601 subdivision is served by at least one arterial road or urban
1602 minor arterial road, as determined under the procedures
1603 referenced in s. 334.03 s. 334.03(10), which provides safe and
1604 direct egress by land to an area where such life-threatening
1605 concentrations of hazardous substances could not accumulate in a
1606 catastrophic event. Egress by any road leading from any
1607 residence or residential subdivision to any point located within
1608 1,000 yards of the proposed facility is unsafe for the purposes
1609 of this paragraph. In determining whether egress proposed by the
1610 applicant is safe and direct, the department shall also
1611 consider, at a minimum, the following factors:
1612 1. Natural barriers such as water bodies, and whether any
1613 road in the proposed evacuation route is impaired by a natural
1614 barrier such as a water body.
1615 2. Potential exposure during egress and potential increases
1616 in the duration of exposure.
1617 3. Whether any road in a proposed evacuation route passes
1618 in close proximity to the facility.
1619 4. Whether any portion of the evacuation route is
1620 inherently directed toward the facility.
1621
1622 For the purposes of this subsection, all distances shall be
1623 measured from the outer limit of the active hazardous waste
1624 management area. “Substantial modification” includes: any
1625 physical change in, change in the operations of, or addition to
1626 a facility which could increase the potential offsite impact, or
1627 risk of impact, from a release at that facility; and any change
1628 in permit conditions which is reasonably expected to lead to
1629 greater potential impacts or risks of impacts, from a release at
1630 that facility. “Substantial modification” does not include a
1631 change in operations, structures, or permit conditions which
1632 does not substantially increase either the potential impact
1633 from, or the risk of, a release. Physical or operational changes
1634 to a facility related solely to the management of nonhazardous
1635 waste at the facility is not considered a substantial
1636 modification. The department shall, by rule, adopt criteria to
1637 determine whether a facility has been substantially modified.
1638 “Initial operation” means the initial commencement of operations
1639 at the facility.
1640 Section 39. Subsection (5) of section 479.261, Florida
1641 Statutes, is amended to read:
1642 479.261 Logo sign program.—
1643 (5) At a minimum, permit fees for businesses that
1644 participate in the program must be established in an amount
1645 sufficient to offset the total cost to the department for the
1646 program, including contract costs. The department shall provide
1647 the services in the most efficient and cost-effective manner
1648 through department staff or by contracting for some or all of
1649 the services. The department shall adopt rules that set
1650 reasonable rates based upon factors such as population, traffic
1651 volume, market demand, and costs for annual permit fees.
1652 However, annual permit fees for sign locations inside an urban
1653 area, as defined in s. 334.03 s. 334.03(31), may not exceed
1654 $3,500, and annual permit fees for sign locations outside an
1655 urban area, as defined in s. 334.03 s. 334.03(31), may not
1656 exceed $2,000. After recovering program costs, the proceeds from
1657 the annual permit fees shall be deposited into the State
1658 Transportation Trust Fund and used for transportation purposes.
1659 Section 40. Paragraph (a) of subsection (2) of section
1660 715.07, Florida Statutes, is amended to read:
1661 715.07 Vehicles or vessels parked on private property;
1662 towing.—
1663 (2) The owner or lessee of real property, or any person
1664 authorized by the owner or lessee, which person may be the
1665 designated representative of the condominium association if the
1666 real property is a condominium, may cause any vehicle or vessel
1667 parked on such property without her or his permission to be
1668 removed by a person regularly engaged in the business of towing
1669 vehicles or vessels, without liability for the costs of removal,
1670 transportation, or storage or damages caused by such removal,
1671 transportation, or storage, under any of the following
1672 circumstances:
1673 (a) The towing or removal of any vehicle or vessel from
1674 private property without the consent of the registered owner or
1675 other legally authorized person in control of that vehicle or
1676 vessel is subject to substantial compliance with the following
1677 conditions and restrictions:
1678 1.a. Any towed or removed vehicle or vessel must be stored
1679 at a site within a 10-mile radius of the point of removal in any
1680 county of 500,000 population or more, and within a 15-mile
1681 radius of the point of removal in any county of fewer than
1682 500,000 population. That site must be open for the purpose of
1683 redemption of vehicles on any day that the person or firm towing
1684 such vehicle or vessel is open for towing purposes, from 8:00
1685 a.m. to 6:00 p.m., and, when closed, shall have prominently
1686 posted a sign indicating a telephone number where the operator
1687 of the site can be reached at all times. Upon receipt of a
1688 telephoned request to open the site to redeem a vehicle or
1689 vessel, the operator shall return to the site within 1 hour or
1690 she or he will be in violation of this section.
1691 b. If no towing business providing such service is located
1692 within the area of towing limitations set forth in sub
1693 subparagraph a., the following limitations apply: any towed or
1694 removed vehicle or vessel must be stored at a site within a 20
1695 mile radius of the point of removal in any county of 500,000
1696 population or more, and within a 30-mile radius of the point of
1697 removal in any county of fewer than 500,000 population.
1698 2. The person or firm towing or removing the vehicle or
1699 vessel shall, within 30 minutes after completion of such towing
1700 or removal, notify the municipal police department or, in an
1701 unincorporated area, the sheriff, of such towing or removal, the
1702 storage site, the time the vehicle or vessel was towed or
1703 removed, and the make, model, color, and license plate number of
1704 the vehicle or description and registration number of the vessel
1705 and shall obtain the name of the person at that department to
1706 whom such information was reported and note that name on the
1707 trip record.
1708 3. A person in the process of towing or removing a vehicle
1709 or vessel from the premises or parking lot in which the vehicle
1710 or vessel is not lawfully parked must stop when a person seeks
1711 the return of the vehicle or vessel. The vehicle or vessel must
1712 be returned upon the payment of a reasonable service fee of not
1713 more than one-half of the posted rate for the towing or removal
1714 service as provided in subparagraph 6. The vehicle or vessel may
1715 be towed or removed if, after a reasonable opportunity, the
1716 owner or legally authorized person in control of the vehicle or
1717 vessel is unable to pay the service fee. If the vehicle or
1718 vessel is redeemed, a detailed signed receipt must be given to
1719 the person redeeming the vehicle or vessel.
1720 4. A person may not pay or accept money or other valuable
1721 consideration for the privilege of towing or removing vehicles
1722 or vessels from a particular location.
1723 5. Except for property appurtenant to and obviously a part
1724 of a single-family residence, and except for instances when
1725 notice is personally given to the owner or other legally
1726 authorized person in control of the vehicle or vessel that the
1727 area in which that vehicle or vessel is parked is reserved or
1728 otherwise unavailable for unauthorized vehicles or vessels and
1729 that the vehicle or vessel is subject to being removed at the
1730 owner’s or operator’s expense, any property owner or lessee, or
1731 person authorized by the property owner or lessee, before towing
1732 or removing any vehicle or vessel from private property without
1733 the consent of the owner or other legally authorized person in
1734 control of that vehicle or vessel, must post a notice meeting
1735 the following requirements:
1736 a. The notice must be prominently placed at each driveway
1737 access or curb cut allowing vehicular access to the property
1738 within 10 feet from the road, as defined in s. 334.03 s.
1739 334.03(22). If there are no curbs or access barriers, the signs
1740 must be posted not fewer than one sign for each 25 feet of lot
1741 frontage.
1742 b. The notice must clearly indicate, in not fewer than 2
1743 inch high, light-reflective letters on a contrasting background,
1744 that unauthorized vehicles will be towed away at the owner’s
1745 expense. The words “tow-away zone” must be included on the sign
1746 in not fewer than 4-inch high letters.
1747 c. The notice must also provide the name and current
1748 telephone number of the person or firm towing or removing the
1749 vehicles or vessels.
1750 d. The sign structure containing the required notices must
1751 be permanently installed with the words “tow-away zone” not
1752 fewer than 3 feet and not more than 6 feet above ground level
1753 and must be continuously maintained on the property for not
1754 fewer than 24 hours before the towing or removal of any vehicles
1755 or vessels.
1756 e. The local government may require permitting and
1757 inspection of these signs before any towing or removal of
1758 vehicles or vessels being authorized.
1759 f. A business with 20 or fewer parking spaces satisfies the
1760 notice requirements of this subparagraph by prominently
1761 displaying a sign stating “Reserved Parking for Customers Only
1762 Unauthorized Vehicles or Vessels Will be Towed Away At the
1763 Owner’s Expense” in not fewer than 4-inch high, light-reflective
1764 letters on a contrasting background.
1765 g. A property owner towing or removing vessels from real
1766 property must post notice, consistent with the requirements in
1767 sub-subparagraphs a.-f., which apply to vehicles, that
1768 unauthorized vehicles or vessels will be towed away at the
1769 owner’s expense.
1770
1771 A business owner or lessee may authorize the removal of a
1772 vehicle or vessel by a towing company when the vehicle or vessel
1773 is parked in such a manner that restricts the normal operation
1774 of business; and if a vehicle or vessel parked on a public
1775 right-of-way obstructs access to a private driveway the owner,
1776 lessee, or agent may have the vehicle or vessel removed by a
1777 towing company upon signing an order that the vehicle or vessel
1778 be removed without a posted tow-away zone sign.
1779 6. Any person or firm that tows or removes vehicles or
1780 vessels and proposes to require an owner, operator, or person in
1781 control or custody of a vehicle or vessel to pay the costs of
1782 towing and storage before redemption of the vehicle or vessel
1783 must file and keep on record with the local law enforcement
1784 agency a complete copy of the current rates to be charged for
1785 such services and post at the storage site an identical rate
1786 schedule and any written contracts with property owners,
1787 lessees, or persons in control of property which authorize such
1788 person or firm to remove vehicles or vessels as provided in this
1789 section.
1790 7. Any person or firm towing or removing any vehicles or
1791 vessels from private property without the consent of the owner
1792 or other legally authorized person in control or custody of the
1793 vehicles or vessels shall, on any trucks, wreckers as defined in
1794 s. 713.78(1), or other vehicles used in the towing or removal,
1795 have the name, address, and telephone number of the company
1796 performing such service clearly printed in contrasting colors on
1797 the driver and passenger sides of the vehicle. The name shall be
1798 in at least 3-inch permanently affixed letters, and the address
1799 and telephone number shall be in at least 1-inch permanently
1800 affixed letters.
1801 8. Vehicle entry for the purpose of removing the vehicle or
1802 vessel shall be allowed with reasonable care on the part of the
1803 person or firm towing the vehicle or vessel. Such person or firm
1804 shall be liable for any damage occasioned to the vehicle or
1805 vessel if such entry is not in accordance with the standard of
1806 reasonable care.
1807 9. When a vehicle or vessel has been towed or removed
1808 pursuant to this section, it must be released to its owner or
1809 person in control or custody within 1 hour after requested. Any
1810 vehicle or vessel owner or person in control or custody has the
1811 right to inspect the vehicle or vessel before accepting its
1812 return, and no release or waiver of any kind which would release
1813 the person or firm towing the vehicle or vessel from liability
1814 for damages noted by the owner or person in control or custody
1815 at the time of the redemption may be required from any vehicle
1816 or vessel owner or person in control or custody as a condition
1817 of release of the vehicle or vessel to its owner or person in
1818 control or custody. A detailed receipt showing the legal name of
1819 the company or person towing or removing the vehicle or vessel
1820 must be given to the person paying towing or storage charges at
1821 the time of payment, whether requested or not.
1822 Section 41. Paragraph (a) of subsection (2) of section
1823 1006.23, Florida Statutes, is amended to read:
1824 1006.23 Hazardous walking conditions.—
1825 (2) HAZARDOUS WALKING CONDITIONS.—
1826 (a) Walkways parallel to the road.—
1827 1. It shall be considered a hazardous walking condition
1828 with respect to any road along which students must walk in order
1829 to walk to and from school if there is not an area at least 4
1830 feet wide adjacent to the road, not including drainage ditches,
1831 sluiceways, swales, or channels, having a surface upon which
1832 students may walk without being required to walk on the road
1833 surface or if the walkway is along a limited access facility as
1834 defined in s. 334.03 s. 334.03(12). In addition, whenever the
1835 road along which students must walk is uncurbed and has a posted
1836 speed limit of 50 miles per hour or greater, the area as
1837 described above for students to walk upon shall be set off the
1838 road by no less than 3 feet from the edge of the road.
1839 2. Subparagraph 1. does not apply when the road along which
1840 students must walk:
1841 a. Is a road on which the volume of traffic is less than
1842 180 vehicles per hour, per direction, during the time students
1843 walk to and from school; or
1844 b. Is located in a residential area and has a posted speed
1845 limit of 30 miles per hour or less.
1846 Section 42. For the purpose of incorporating the amendment
1847 made by this act to section 316.003, Florida Statutes, in a
1848 reference thereto, subsection (21) of section 320.02, Florida
1849 Statutes, is reenacted to read:
1850 320.02 Registration required; application for registration;
1851 forms.—
1852 (21) A personal delivery device and a mobile carrier as
1853 defined in s. 316.003 are not required to satisfy the
1854 registration and insurance requirements of this section.
1855 Section 43. For the purpose of incorporating the amendment
1856 made by this act to section 316.003, Florida Statutes, in a
1857 reference thereto, subsection (1) of section 324.021, Florida
1858 Statutes, is reenacted to read:
1859 324.021 Definitions; minimum insurance required.—The
1860 following words and phrases when used in this chapter shall, for
1861 the purpose of this chapter, have the meanings respectively
1862 ascribed to them in this section, except in those instances
1863 where the context clearly indicates a different meaning:
1864 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
1865 designed and required to be licensed for use upon a highway,
1866 including trailers and semitrailers designed for use with such
1867 vehicles, except traction engines, road rollers, farm tractors,
1868 power shovels, and well drillers, and every vehicle that is
1869 propelled by electric power obtained from overhead wires but not
1870 operated upon rails, but not including any personal delivery
1871 device or mobile carrier as defined in s. 316.003, bicycle,
1872 electric bicycle, or moped. However, the term “motor vehicle”
1873 does not include a motor vehicle as defined in s. 627.732(3)
1874 when the owner of such vehicle has complied with the
1875 requirements of ss. 627.730-627.7405, inclusive, unless the
1876 provisions of s. 324.051 apply; and, in such case, the
1877 applicable proof of insurance provisions of s. 320.02 apply.
1878 Section 44. For the purpose of incorporating the amendment
1879 made by this act to section 316.003, Florida Statutes, in a
1880 reference thereto, paragraph (a) of subsection (2) of section
1881 324.022, Florida Statutes, is reenacted to read:
1882 324.022 Financial responsibility for property damage.—
1883 (2) As used in this section, the term:
1884 (a) “Motor vehicle” means any self-propelled vehicle that
1885 has four or more wheels and that is of a type designed and
1886 required to be licensed for use on the highways of this state,
1887 and any trailer or semitrailer designed for use with such
1888 vehicle. The term does not include:
1889 1. A mobile home.
1890 2. A motor vehicle that is used in mass transit and
1891 designed to transport more than five passengers, exclusive of
1892 the operator of the motor vehicle, and that is owned by a
1893 municipality, transit authority, or political subdivision of the
1894 state.
1895 3. A school bus as defined in s. 1006.25.
1896 4. A vehicle providing for-hire transportation that is
1897 subject to the provisions of s. 324.031. A taxicab shall
1898 maintain security as required under s. 324.032(1).
1899 5. A personal delivery device as defined in s. 316.003.
1900 Section 45. This act shall take effect July 1, 2026.