CS for CS for CS for SB 1220 First Engrossed
20261220e1
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; revising
23 construction; prohibiting the operation of a personal
24 delivery device or mobile carrier within certain areas
25 and facilities; prohibiting counties and
26 municipalities from enacting, imposing, levying,
27 collecting, or enforcing certain operating fees and
28 advertising regulations; 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 certain facilities and
45 areas; authorizing rulemaking; amending s. 318.14,
46 F.S.; revising a limitation on the number of times a
47 person may elect to attend a basic driver improvement
48 course under certain circumstances; amending s.
49 320.06, F.S.; authorizing certain rental trucks to
50 elect a permanent registration period; repealing s.
51 322.032, F.S., relating to digital proof of driver
52 license or identification card; amending ss. 322.059
53 and 322.15, F.S.; conforming provisions to changes
54 made by the act; repealing s. 324.252, F.S., relating
55 to electronic insurance verification; amending s.
56 330.41, F.S.; prohibiting a political subdivision from
57 withholding issuance of a business tax receipt,
58 development permit, or other land use approval to
59 certain drone delivery services and from enacting or
60 enforcing ordinances or resolutions that prohibit
61 drone delivery service operation; revising
62 construction; defining the term “major theme park or
63 entertainment complex”; prohibiting a drone delivery
64 service from operating over or delivering to a major
65 theme park or entertainment complex without certain
66 approval; providing that the addition of a drone
67 delivery service within a certain parking area does
68 not reduce the number of parking spaces in the parking
69 area for a certain purpose; amending s. 332.001, F.S.;
70 revising duties of the Department of Transportation
71 relating to airport systems in this state; amending s.
72 332.006, F.S.; requiring the department to coordinate
73 with commercial service airports to review and
74 evaluate certain federal policies and programs;
75 amending s. 332.0075, F.S.; requiring commercial
76 service airports to develop a plan for obtaining and
77 maintaining critical infrastructure resources;
78 providing requirements for such plans; defining the
79 term “critical infrastructure resources”; amending s.
80 334.03, F.S.; defining the term “advanced air mobility
81 corridor connection point”; revising the definition of
82 the term “transportation corridor”; amending s.
83 334.044, F.S.; authorizing the department to purchase,
84 lease, or otherwise acquire property and materials for
85 the promotion of transportation-related economic
86 development opportunities and advanced air mobility;
87 deleting the authority of the department to purchase,
88 lease, or otherwise acquire property and materials for
89 the promotion of electric vehicle use and charging
90 stations; authorizing the department to operate and
91 maintain certain research facilities, enter into
92 certain contracts and agreements, require local
93 governments to submit certain applications for federal
94 funding to the department for review and approval
95 before submission to the Federal Government, and
96 acquire, own, construct, or operate airports for a
97 specified purpose; requiring that certain airport
98 acquisitions be approved by the governing body of the
99 airport; authorizing the department to adopt rules;
100 creating s. 334.64, F.S.; providing that the
101 department serves as the primary point of contact for
102 statewide topographic aerial LiDAR procurement and
103 certain cost sharing; authorizing the department to
104 provide certain services to other governmental
105 entities through interagency agreements; authorizing
106 rulemaking; amending s. 337.401, F.S.; prohibiting
107 municipalities and counties from requiring that
108 providers locate or perform surveys of certain
109 facilities; requiring a provider to use certain means
110 to avoid damaging certain facilities under specified
111 circumstances; prohibiting municipalities and counties
112 from taking certain actions relating to certain
113 facility permits; authorizing municipalities and
114 counties to require a bond or other financial
115 instrument; prohibiting municipalities and counties
116 from imposing or collecting a tax, fee, cost, charge,
117 or exaction for the placement of certain
118 communications facilities; revising applicability;
119 revising the definition of the term “application”;
120 prohibiting an authority from requiring compliance
121 with an authority’s provisions regarding placement of
122 communications facilities in certain locations;
123 providing exceptions; requiring that certain authority
124 ordinances apply to all providers of communications
125 services; providing bond requirements; providing
126 requirements for certain financial obligations
127 required by an authority; prohibiting an authority
128 from requiring a deposit or escrow of cash or
129 agreement with certain terms; prohibiting an authority
130 from requiring a communications service provider to
131 indemnify it for certain liabilities; prohibiting an
132 authority from imposing certain landscaping and
133 vegetation management requirements; amending s.
134 338.231, F.S.; revising the period through which the
135 department, to the extent possible, is required to
136 program sufficient funds in the tentative work program
137 for a specified purpose; requiring the department, to
138 the extent possible, to program sufficient funds in
139 the tentative work program for a specified purpose
140 beginning in a specified fiscal year; amending s.
141 339.81, F.S.; revising construction materials that may
142 be used for certain multiuse trails or shared-use
143 paths; authorizing the department to consider certain
144 sponsorship agreements; amending s. 341.041, F.S.;
145 revising the entities whose specified grants and
146 agreements the department is required to ensure
147 include certain provisions; revising such provisions;
148 amending s. 479.25, F.S.; revising provisions
149 authorizing the owners of certain signs to increase
150 the height above ground level of such signs under
151 certain circumstances to include in such circumstances
152 the permitting or erection of certain ramps and
153 braided bridges; conforming provisions to changes made
154 by the act; amending s. 790.19, F.S.; providing
155 criminal penalties for shooting at, within, or into,
156 or throwing, hurling, or projecting certain objects
157 at, within, or in, an autonomous vehicle; amending s.
158 806.13, F.S.; providing criminal penalties for
159 defacing, injuring, or damaging an autonomous vehicle
160 if the value of the damage is in excess of a specified
161 amount; amending chapter 2006-316, Laws of Florida;
162 revising a specified interchange designation;
163 requiring the department to conduct a study to
164 evaluate certain impacts of alternative fuel vehicles
165 and identify certain policy options; requiring that
166 the study identify, evaluate, and analyze certain
167 information; requiring the department to submit a
168 certain report to the Governor and the Legislature by
169 a specified date; providing an appropriation; amending
170 ss. 311.07, 316.0777, 316.515, 336.01, 338.222,
171 341.8225, 376.3071, 403.7211, 479.261, 715.07, and
172 1006.23, F.S.; conforming cross-references; reenacting
173 ss. 320.02(21), 324.021(1), and 324.022(2)(a), F.S.,
174 relating to registration requirements, the definition
175 of the term “motor vehicle,” and financial
176 responsibility for property damage, respectively, to
177 incorporate the amendment made to s. 316.003, F.S., in
178 references thereto; providing an effective date.
179
180 Be It Enacted by the Legislature of the State of Florida:
181
182 Section 1. Paragraph (c) of subsection (3) of section
183 20.23, Florida Statutes, is amended to read:
184 20.23 Department of Transportation.—There is created a
185 Department of Transportation which shall be a decentralized
186 agency.
187 (3) The Legislature finds that the transportation industry
188 is critical to the economic future of this state and that the
189 competitiveness of the industry in this state depends upon the
190 development and maintenance of a qualified workforce and
191 cutting-edge research and innovation. The Legislature further
192 finds that the transportation industry in this state has varied
193 and complex workforce needs ranging from technical and
194 mechanical training to continuing education opportunities for
195 workers with advanced degrees and certifications. The timely
196 need also exists for coordinated research and innovation efforts
197 to promote emerging technologies and innovative construction
198 methods and tools and to address alternative funding mechanisms.
199 It is the intent of the Legislature to support programs designed
200 to address the workforce development needs of the state’s
201 transportation industry.
202 (c) The institute shall report to the department and shall
203 be composed of members from the University of Florida, the
204 Florida State University Indian River State College, the
205 University of Central Florida, the University of South Florida,
206 and Florida International University. The department shall
207 select a member to serve as the administrative lead of the
208 institute. The department shall assess the performance of the
209 administrative lead periodically to ensure accountability and
210 assess the attainment of performance goals.
211 Section 2. Paragraph (h) of subsection (4) of section
212 260.0142, Florida Statutes, is amended to read:
213 260.0142 Florida Greenways and Trails Council; composition;
214 powers and duties.—
215 (4) The duties of the council include the following:
216 (h) Make recommendations for updating and revising the
217 implementation plan for the Florida Greenways and Trails System,
218 including, but not limited to, recommendations for
219 prioritization of regionally significant trails within the
220 Florida Shared-Use Nonmotorized Trail Network. The council shall
221 meet within 90 days after the Department of Transportation
222 submits its report pursuant to s. 339.81(8) to update its
223 recommendations for prioritization of regionally significant
224 trails within the network.
225 Section 3. Paragraph (b) of subsection (2) of section
226 311.14, Florida Statutes, is amended to read:
227 311.14 Seaport planning.—
228 (2) Each port shall develop a strategic plan with a 10-year
229 horizon. Each plan must include the following:
230 (b) An infrastructure development and improvement component
231 that identifies all projected infrastructure improvements within
232 the plan area which require improvement, expansion, or
233 development in order for a port to attain a strategic advantage
234 for competition with national and international competitors.
235 This component must provide strategies for obtaining and
236 maintaining critical infrastructure resources for the port and
237 its tenants. Such strategies must include long-term contracts,
238 rights of first refusal regarding the sale or lease of property
239 storing such resources, and contingency plans for obtaining such
240 resources. For purposes of this paragraph, the term “critical
241 infrastructure resources,” includes, but is not limited to,
242 access to electricity, fuel, and water resources.
243
244 To the extent feasible, the port strategic plan must be
245 consistent with the local government comprehensive plans of the
246 units of local government in which the port is located. Upon
247 approval of a plan by the port’s board, the plan shall be
248 submitted to the Florida Seaport Transportation and Economic
249 Development Council.
250 Section 4. Section 311.26, Florida Statutes, is created to
251 read:
252 311.26 Florida seaport maritime industrial base.—The
253 Department of Transportation shall coordinate with the
254 Department of Commerce, the ports specified in s. 311.09, and
255 the Federal Government to identify and prioritize key maritime
256 components in the supply chain which are essential to
257 strengthening and expanding this state’s maritime industrial
258 base. The ports shall support projects prioritized by the
259 Department of Transportation which will directly support the
260 building and construction, maintenance, and modernization of
261 commercial vessels, including cargo vessels, and vessels
262 designed for national defense. Projects must be evaluated by
263 their estimated return on invested capital, job creation, and
264 contribution to the economic competitiveness and national
265 security interests of this state and the United States.
266 Additional consideration must include the anticipated
267 enhancement of this state’s commercial maritime capabilities.
268 Section 5. Subsection (59) of section 316.003, Florida
269 Statutes, is amended to read:
270 316.003 Definitions.—The following words and phrases, when
271 used in this chapter, shall have the meanings respectively
272 ascribed to them in this section, except where the context
273 otherwise requires:
274 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
275 device that:
276 (a) Is operated on sidewalks, and crosswalks, bicycle
277 lanes, or bicycle paths or on the shoulders of streets,
278 roadways, or highways, not including limited access facilities,
279 and intended primarily for transporting property;
280 (b) Has a weight that does not exceed the maximum weight
281 established by Department of Transportation rule;
282 (c) Operates at Has a maximum speed of 10 miles per hour on
283 sidewalks and crosswalks and 20 miles per hour on bicycle lanes
284 or bicycle paths or on the shoulders of streets, roadways, or
285 highways, not including limited access facilities; and
286 (d) Is equipped with technology to allow for operation of
287 the device with or without the active control or monitoring of a
288 natural person.
289
290 A personal delivery device is not considered a vehicle unless
291 expressly defined by law as a vehicle. A mobile carrier is not
292 considered a personal delivery device. The Department of
293 Transportation may adopt rules to implement this subsection.
294 Section 6. Paragraph (b) of subsection (7) of section
295 316.008, Florida Statutes, is amended, and paragraph (c) is
296 added to that subsection, to read:
297 316.008 Powers of local authorities.—
298 (7)
299 (b)1. Except as provided in subparagraphs 2. and 3.
300 subparagraph 2., a personal delivery device may be operated on
301 sidewalks, crosswalks, bicycle lanes, and bicycle paths and on
302 the shoulders of streets, roadways, and highways, not including
303 limited access facilities, and a mobile carrier may be operated
304 on sidewalks and crosswalks within a county or municipality when
305 such use is permissible under federal law. This subparagraph
306 paragraph does not restrict a county or municipality from
307 otherwise adopting regulations for the safe operation of
308 personal delivery devices and mobile carriers in a manner
309 consistent with this chapter.
310 2. A personal delivery device may not be operated on the
311 Florida Shared-Use Nonmotorized Trail Network created under s.
312 339.81 or components of the Florida Greenways and Trails System
313 created under chapter 260 or in state forests, state parks, or
314 wildlife management areas.
315 3. A personal delivery device or mobile carrier may not be
316 operated within a theme park or entertainment complex as defined
317 in s. 509.013(9), a state correctional institution as defined in
318 s. 944.02, a county detention facility, a county residential
319 probation center, a municipal detention facility, a reduced
320 custody housing area as defined in s. 951.23(1), or a detention
321 center or facility as defined in s. 985.03.
322 (c) A county or municipality may not enact, impose, levy,
323 collect, or enforce:
324 1. An operating fee for personal delivery devices, except
325 as expressly authorized by general law; or
326 2. An advertising regulation that restricts, prohibits,
327 conditions, or otherwise limits commercial advertising on
328 personal delivery devices.
329 Section 7. Paragraph (a) of subsection (1) and subsection
330 (3) of section 316.126, Florida Statutes, are amended to read:
331 316.126 Operation of vehicles and actions of pedestrians;
332 approach of authorized emergency, sanitation, or utility service
333 vehicle, wrecker, or road and bridge maintenance or construction
334 vehicle; presence of disabled motor vehicle.—
335 (1)(a) Upon the immediate approach of an authorized
336 emergency vehicle, while en route to meet an existing emergency,
337 the driver of every other vehicle shall, when such emergency
338 vehicle is giving audible signals by siren, exhaust whistle, or
339 other adequate device, or visible signals by the use of
340 flashing, oscillating, rotating, or similarly activated
341 displayed blue or red lights, yield the right-of-way to the
342 emergency vehicle and shall immediately proceed to a position
343 parallel to, and as close as reasonable to the closest edge of
344 the curb of the roadway, clear of any intersection and shall
345 stop and remain in position until the authorized emergency
346 vehicle has passed, unless otherwise directed by a law
347 enforcement officer. The use of cruise lights by an authorized
348 emergency vehicle is not a visible signal that requires a driver
349 to yield the right-of-way. For purposes of this paragraph, the
350 term “cruise lights” means low intensity, continuously
351 illuminated blue or red lights displayed on an authorized
352 emergency vehicle which remain on while the vehicle is in
353 service but not actively engaged in an emergency response.
354 (3) An authorized emergency vehicle, when en route to meet
355 an existing emergency, shall warn all other vehicular traffic
356 along the emergency route by an audible signal, siren, exhaust
357 whistle, or other adequate device or by a visible signal by the
358 use of flashing, oscillating, rotating, or similarly activated
359 displayed blue or red lights. While en route to such emergency,
360 the emergency vehicle shall otherwise proceed in a manner
361 consistent with the laws regulating vehicular traffic upon the
362 highways of this state.
363 Section 8. Subsections (1) and (3) of section 316.2071,
364 Florida Statutes, are amended, and subsections (5) and (6) are
365 added to that section, to read:
366 316.2071 Personal delivery devices and mobile carriers.—
367 (1) Notwithstanding any other provision of law to the
368 contrary, a personal delivery device may operate on sidewalks,
369 crosswalks, bicycle lanes, and bicycle paths and on the
370 shoulders of streets, roadways, and highways, not including
371 limited access facilities, and a or mobile carrier may operate
372 on sidewalks and crosswalks, subject to s. 316.008(7)(b). A
373 personal delivery device or mobile carrier operating on a
374 sidewalk or crosswalk has all the rights and duties applicable
375 to a pedestrian under the same circumstances. A, except that the
376 personal delivery device or mobile carrier may must not
377 unreasonably interfere with pedestrians, bicycles, or motor
378 vehicles traffic and must yield the right-of-way to pedestrians
379 on the sidewalk or crosswalk.
380 (3)(a) A personal delivery device and a mobile carrier may
381 not do any of the following:
382 1.(a) Operate on a sidewalk, crosswalk, bicycle lane, or
383 bicycle path or on the shoulder of a street, roadway, or highway
384 unless the personal delivery device meets minimum criteria
385 established by the Department of Transportation and a human
386 operator is capable of controlling and monitoring the navigation
387 and operation of the personal delivery device public highway
388 except to the extent necessary to cross a crosswalk.
389 2. Transport hazardous materials as defined in s. 316.003.
390 3. Operate on a limited access facility.
391 (b) A mobile carrier may not do any of the following:
392 1. Operate on a public highway except to the extent
393 necessary to cross a crosswalk.
394 2. Operate on a sidewalk or crosswalk unless the personal
395 delivery device operator is actively controlling or monitoring
396 the navigation and operation of the personal delivery device or
397 a mobile carrier owner remains within 25 feet of the mobile
398 carrier.
399 3.(c) Transport hazardous materials as defined in s.
400 316.003.
401 4.(d) For mobile carriers, Transport persons or animals.
402 (5) A personal delivery device or mobile carrier may not
403 operate within a theme park or entertainment complex as defined
404 in s. 509.013(9), a state correctional institution as defined in
405 s. 944.02, a county detention facility, a county residential
406 probation center, a municipal detention facility, a reduced
407 custody housing area as defined in s. 951.23(1), or a detention
408 center or facility as defined in s. 985.03.
409 (6) The Department of Transportation may adopt rules to
410 implement this section.
411 Section 9. Subsection (9) of section 318.14, Florida
412 Statutes, is amended to read:
413 318.14 Noncriminal traffic infractions; exception;
414 procedures.—
415 (9) Any person who does not hold a commercial driver
416 license or commercial learner’s permit and who is cited while
417 driving a noncommercial motor vehicle for an infraction under
418 this section other than a violation of s. 316.183(2), s.
419 316.187, or s. 316.189 when the driver exceeds the posted limit
420 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
421 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
422 lieu of a court appearance, elect to attend in the location of
423 his or her choice within this state a basic driver improvement
424 course approved by the Department of Highway Safety and Motor
425 Vehicles. In such a case, adjudication must be withheld, any
426 civil penalty that is imposed by s. 318.18(3) must be reduced by
427 18 percent, and points, as provided by s. 322.27, may not be
428 assessed. However, a person may not make an election under this
429 subsection if the person has made an election under this
430 subsection in the preceding 12 months or has made more than
431 eight elections under this subsection in the preceding 20 years.
432 A person may not make more than eight elections within his or
433 her lifetime under this subsection. The requirement for
434 community service under s. 318.18(8) is not waived by a plea of
435 nolo contendere or by the withholding of adjudication of guilt
436 by a court.
437 Section 10. Paragraph (b) of subsection (1) of section
438 320.06, Florida Statutes, is amended to read:
439 320.06 Registration certificates, license plates, and
440 validation stickers generally.—
441 (1)
442 (b)1. Registration license plates bearing a graphic symbol
443 and the alphanumeric system of identification shall be issued
444 for a 10-year period. At the end of the 10-year period, upon
445 renewal, the plate shall be replaced. The department shall
446 extend the scheduled license plate replacement date from a 6
447 year period to a 10-year period. The fee for such replacement is
448 $28, $2.80 of which shall be paid each year before the plate is
449 replaced, to be credited toward the next $28 replacement fee.
450 The fees shall be deposited into the Highway Safety Operating
451 Trust Fund. A credit or refund may not be given for any prior
452 years’ payments of the prorated replacement fee if the plate is
453 replaced or surrendered before the end of the 10-year period,
454 except that a credit may be given if a registrant is required by
455 the department to replace a license plate under s.
456 320.08056(8)(a). With each license plate, a validation sticker
457 shall be issued showing the owner’s birth month, license plate
458 number, and the year of expiration or the appropriate renewal
459 period if the owner is not a natural person. The validation
460 sticker shall be placed on the upper right corner of the license
461 plate. The license plate and validation sticker shall be issued
462 based on the applicant’s appropriate renewal period. The
463 registration period is 12 months, the extended registration
464 period is 24 months, and all expirations occur based on the
465 applicant’s appropriate registration period. Rental vehicles
466 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
467 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) (4)(a)-(d) may
468 elect a permanent registration period, provided payment of the
469 appropriate license taxes and fees occurs annually.
470 2. Beginning July 1, 2024, a vehicle registered in
471 accordance with the International Registration Plan must be
472 issued a license plate for a 3-year period. At the end of the 3
473 year period, upon renewal, the license plate must be replaced.
474 Each license plate must include a validation sticker showing the
475 month of expiration. A cab card denoting the declared gross
476 vehicle weight for each apportioned jurisdiction must be issued
477 annually. The fee for an original or a renewal cab card is $28,
478 which must be deposited into the Highway Safety Operating Trust
479 Fund. If the license plate is damaged or worn, it may be
480 replaced at no charge by applying to the department and
481 surrendering the current license plate.
482 3. In order to retain the efficient administration of the
483 taxes and fees imposed by this chapter, the 80-cent fee increase
484 in the replacement fee imposed by chapter 2009-71, Laws of
485 Florida, is negated as provided in s. 320.0804.
486 Section 11. Section 322.032, Florida Statutes, is repealed.
487 Section 12. Section 322.059, Florida Statutes, is amended
488 to read:
489 322.059 Mandatory surrender of suspended driver license and
490 registration.—A person whose driver license or registration has
491 been suspended as provided in s. 322.058 must immediately return
492 his or her driver license and registration to the Department of
493 Highway Safety and Motor Vehicles. The department shall
494 invalidate the digital proof of driver license issued pursuant
495 to s. 322.032 for such person. If such person fails to return
496 his or her driver license or registration, a law enforcement
497 agent may seize the license or registration while the driver
498 license or registration is suspended.
499 Section 13. Subsection (1) of section 322.15, Florida
500 Statutes, is amended to read:
501 322.15 License to be carried and exhibited on demand;
502 fingerprint to be imprinted upon a citation.—
503 (1) Every licensee shall have his or her driver license,
504 which must be fully legible with no portion of such license
505 faded, altered, mutilated, or defaced, in his or her immediate
506 possession at all times when operating a motor vehicle and shall
507 present or submit the same upon the demand of a law enforcement
508 officer or an authorized representative of the department. A
509 licensee may present or submit a digital proof of driver license
510 as provided in s. 322.032 in lieu of his or her printed driver
511 license; however, if the law enforcement officer or authorized
512 representative of the department is unable to immediately verify
513 the digital proof of driver license, upon the demand of the law
514 enforcement officer or authorized representative of the
515 department, the licensee must present or submit his or her
516 printed driver license.
517 Section 14. Section 324.252, Florida Statutes, is repealed.
518 Section 15. Present paragraph (d) of subsection (3) of
519 section 330.41, Florida Statutes, is redesignated as paragraph
520 (f), a new paragraph (d) and paragraph (e) are added to that
521 subsection, and paragraph (c) of that subsection is amended, to
522 read:
523 330.41 Unmanned Aircraft Systems Act.—
524 (3) REGULATION.—
525 (c) Except as otherwise expressly provided, a political
526 subdivision may not withhold issuance of a business tax receipt,
527 development permit, or other land use approval to a drone
528 delivery service on a commercial property or enact or enforce an
529 ordinance or a resolution that prohibits a drone delivery
530 service’s operation based on the location of its drone port,
531 notwithstanding part II of chapter 163 and chapter 205. A
532 political subdivision may enforce minimum setback and
533 landscaping regulations that are generally applicable to
534 permitted uses in the applicable drone port site’s zoning
535 district. This paragraph may not be construed to authorize a
536 political subdivision to require additional landscaping as a
537 condition of approval of a drone delivery service on a
538 commercial property port.
539 (d)1. For the purpose of this paragraph, the term “major
540 theme park or entertainment complex” means a complex comprised
541 of at least 75 acres of land with permanent exhibitions and a
542 variety of recreational activities, which has at least 1 million
543 visitors annually who pay admission fees thereto, together with
544 any lodging, dining, and recreational facilities located
545 adjacent to, contiguous to, or in close proximity to the
546 complex, as long as the owner and operator of the complex, or a
547 parent or related company or subsidiary thereof, has an equity
548 interest in the lodging, dining, or recreational facilities or
549 is in privity therewith.
550 2. A drone delivery service is prohibited from operating
551 over or delivering to a major theme park or entertainment
552 complex without express written approval provided by the owner
553 of the major theme park or entertainment complex to the owner or
554 operator of the drone delivery device.
555 (e) The addition of a drone delivery service within the
556 parking area of a commercial property does not reduce the number
557 of parking spaces in the parking area for the purpose of
558 complying with any requirement for a minimum number of parking
559 spaces.
560 Section 16. Subsection (1) of section 332.001, Florida
561 Statutes, is amended to read:
562 332.001 Aviation; powers and duties of the Department of
563 Transportation.—
564 (1) It shall be the duty, function, and responsibility of
565 the Department of Transportation to plan and direct investments
566 in airport systems in this state to facilitate the efficient
567 movement of passengers and cargo and to continuously improve the
568 experience for the flying public and the supply chain of this
569 state’s businesses. In carrying out this duty and
570 responsibility, the department may assist and advise, cooperate,
571 and coordinate with the federal, state, local, or private
572 organizations and individuals in planning such systems of
573 airports.
574 Section 17. Subsection (10) is added to section 332.006,
575 Florida Statutes, to read:
576 332.006 Duties and responsibilities of the Department of
577 Transportation.—The Department of Transportation shall, within
578 the resources provided to the department:
579 (10) Coordinate with commercial service airports in this
580 state to review and evaluate policies and programs of the United
581 States Transportation Security Administration, including, but
582 not limited to, security screening programs and programs for
583 veterans and active duty servicemembers and their families, to
584 improve efficiency in airport operations and the overall
585 experience of the traveling public.
586 Section 18. Present subsections (4), (5), and (6) of
587 section 332.0075, Florida Statutes, are redesignated as
588 subsections (5), (6), and (7), respectively, and a new
589 subsection (4) is added to that section, to read:
590 332.0075 Commercial service airports; transparency and
591 accountability; penalty.—
592 (4) Notwithstanding any other provision of law, a
593 commercial service airport must develop a plan for obtaining and
594 maintaining critical infrastructure resources for the airport,
595 its tenants, and the traveling public. Such plans must include
596 long-term contracts and rights of first refusal regarding the
597 sale of and contingency plans for such resources. For purposes
598 of this subsection, the term “critical infrastructure resources”
599 includes, but is not limited to, access to electricity, fuel,
600 and water resources.
601 Section 19. Present subsections (1) through (37) of section
602 334.03, Florida Statutes, are redesignated as subsections (2)
603 through (38), respectively, a new subsection (1) is added to
604 that section, and present subsection (29) of that section is
605 amended, to read:
606 334.03 Definitions.—When used in the Florida Transportation
607 Code, the term:
608 (1) “Advanced air mobility corridor connection point” means
609 any land area or transportation facility, including any
610 airspace, designated by the department as suitable to support
611 the efficient movement of people and goods by use as a
612 connection point for advanced air mobility.
613 (30)(29) “Transportation corridor” means any advanced air
614 mobility corridor connection point or any land area designated
615 by the state, a county, or a municipality which is between two
616 geographic points and which area is used or suitable for the
617 movement of people and goods by one or more modes of
618 transportation, including areas necessary for management of
619 access and securing applicable approvals and permits.
620 Transportation corridors, other than advanced air mobility
621 corridor connection points, shall contain, but are not limited
622 to, the following:
623 (a) Existing publicly owned rights-of-way;
624 (b) All property or property interests necessary for future
625 transportation facilities, including rights of access, air,
626 view, and light, whether public or private, for the purpose of
627 securing and utilizing future transportation rights-of-way,
628 including, but not limited to, any lands reasonably necessary
629 now or in the future for securing applicable approvals and
630 permits, borrow pits, drainage ditches, water retention areas,
631 rest areas, replacement access for landowners whose access could
632 be impaired due to the construction of a future facility, and
633 replacement rights-of-way for relocation of rail and utility
634 facilities.
635 Section 20. Subsections (5), (20), and (21) of section
636 334.044, Florida Statutes, are amended, and subsections (40) and
637 (41) are added to that section, to read:
638 334.044 Powers and duties of the department.—The department
639 shall have the following general powers and duties:
640 (5) To purchase, lease, or otherwise acquire property and
641 materials, including the purchase of promotional items as part
642 of public information and education campaigns for the promotion
643 of environmental management, scenic highways, traffic and train
644 safety awareness, commercial motor vehicle safety, workforce
645 development, transportation-related economic development
646 opportunities, advanced air mobility electric vehicle use and
647 charging stations, autonomous vehicles, and context
648 classification for electric vehicles and autonomous vehicles; to
649 purchase, lease, or otherwise acquire equipment and supplies;
650 and to sell, exchange, or otherwise dispose of any property that
651 is no longer needed by the department.
652 (20) To operate and maintain designated research
653 facilities, to conduct and enter into contracts and agreements
654 for conducting research studies, and to collect data necessary
655 for the improvement of the state transportation system.
656 (21) To conduct and enter into contracts and agreements for
657 conducting research and demonstration projects relative to
658 innovative transportation technologies.
659 (40) To require local governments to submit applications
660 for federal funding for projects on state-owned rights-of-way,
661 roads, bridges, and limited access facilities to the department
662 for review and approval before submission of such applications
663 to the Federal Government.
664 (41) Notwithstanding any other law, to acquire, own,
665 construct, or operate, or any combination thereof, one or more
666 airports as defined in s. 330.27 for the purpose of supporting
667 advanced air mobility. The acquisition of a publicly owned
668 airport by the department must be approved by the governing body
669 of the airport. The department may adopt rules to implement this
670 subsection.
671 Section 21. Section 334.64, Florida Statutes, is created to
672 read:
673 334.64 Department to serve as primary point of contact for
674 LiDAR procurement.—Notwithstanding s. 20.255(9), the department
675 shall serve as the primary point of contact for statewide
676 topographic aerial LiDAR procurement and cost sharing related to
677 statewide geographic information systems and geospatial data
678 sharing. The department may provide these services to other
679 state and local governmental entities by entering into an
680 interagency agreement consistent with chapter 216.
681 Notwithstanding any other provision of law, including any
682 charter, ordinance, statute, or special law, all state agencies
683 and local governmental entities conducting programs or
684 exercising powers relating to topographic aerial LiDAR mapping
685 are authorized to enter into an interagency agreement with the
686 department for the provision by the department of topographic
687 aerial LiDAR procurement and cost-sharing services, and to
688 delegate such authority to conduct programs or exercise powers
689 relating to topographic aerial LiDAR procurement and cost
690 sharing services to the department pursuant to such interagency
691 agreements. The department may adopt rules to implement this
692 section.
693 Section 22. Paragraphs (a) and (i) of subsection (3) and
694 paragraphs (b), (d), and (r) of subsection (7) of section
695 337.401, Florida Statutes, are amended to read:
696 337.401 Use of right-of-way for utilities subject to
697 regulation; permit; fees.—
698 (3)(a) Because of the unique circumstances applicable to
699 providers of communications services, including, but not limited
700 to, the circumstances described in paragraph (e) and the fact
701 that federal and state law require the nondiscriminatory
702 treatment of providers of telecommunications services, and
703 because of the desire to promote competition among providers of
704 communications services, it is the intent of the Legislature
705 that municipalities and counties treat providers of
706 communications services in a nondiscriminatory and competitively
707 neutral manner when imposing rules or regulations governing the
708 placement or maintenance of communications facilities in the
709 public roads or rights-of-way. Rules or regulations imposed by a
710 municipality or county relating to providers of communications
711 services placing or maintaining communications facilities in its
712 roads or rights-of-way must be generally applicable to all
713 providers of communications services, taking into account the
714 distinct engineering, construction, operation, maintenance,
715 public works, and safety requirements of the provider’s
716 facilities, and, notwithstanding any other law, may not require
717 a provider of communications services to apply for or enter into
718 an individual license, franchise, or other agreement with the
719 municipality or county as a condition of placing or maintaining
720 communications facilities in its roads or rights-of-way. In
721 addition to other reasonable rules or regulations that a
722 municipality or county may adopt relating to the placement or
723 maintenance of communications facilities in its roads or rights
724 of-way under this subsection or subsection (7), a municipality
725 or county may require a provider of communications services that
726 places or seeks to place facilities in its roads or rights-of
727 way to register with the municipality or county. To register, a
728 provider of communications services may be required only to
729 provide its name; the name, address, and telephone number of a
730 contact person for the registrant; the number of the
731 registrant’s current certificate of authorization issued by the
732 Florida Public Service Commission, the Federal Communications
733 Commission, or the Department of State; a statement of whether
734 the registrant is a pass-through provider as defined in
735 subparagraph (6)(a)1.; the registrant’s federal employer
736 identification number; and any required proof of insurance or
737 self-insuring status adequate to defend and cover claims. A
738 municipality or county may not require a registrant to renew a
739 registration more frequently than every 5 years but may require
740 during this period that a registrant update the registration
741 information provided under this subsection within 90 days after
742 a change in such information. A municipality or county may not
743 require the registrant to provide an inventory of communications
744 facilities, maps, locations of such facilities, or other
745 information by a registrant as a condition of registration,
746 renewal, or for any other purpose; provided, however, that a
747 municipality or county may require as part of a permit
748 application that the applicant identify at-grade communications
749 facilities within 50 feet of the proposed installation location
750 for the placement of at-grade communications facilities. A
751 municipality or county may not require that a provider locate or
752 perform a survey of any facilities except its own or any right
753 of-way boundary when requesting a permit consistent with chapter
754 556. If the owner of a facility fails to locate their facilities
755 as required under chapter 556, a provider may proceed with the
756 work but must use reasonable care and detection equipment or
757 other acceptable means to avoid damaging existing underground
758 facilities. A municipality or county may not require a provider
759 to pay any fee, cost, or other charge for registration or
760 renewal thereof. A municipality or county may not limit the
761 number of permits in any way, including by project size or by
762 limiting the number of open permits or applications, provided
763 that the permit is closed out within 45 days after the
764 provider’s completion of work. A municipality or county may
765 require the submission or maintenance of a bond or other
766 financial instrument as set out in this section but may not
767 require a cash deposit or other escrow, payment, or exaction as
768 a condition of issuing a permit. It is the intent of the
769 Legislature that the placement, operation, maintenance,
770 upgrading, and extension of communications facilities not be
771 unreasonably interrupted or delayed through the permitting or
772 other local regulatory process. Except as provided in this
773 chapter or otherwise expressly authorized by chapter 202,
774 chapter 364, or chapter 610, a municipality or county may not
775 adopt or enforce any ordinance, regulation, or requirement as to
776 the placement or operation of communications facilities in a
777 right-of-way by a communications services provider authorized by
778 state or local law to operate in a right-of-way; regulate any
779 communications services; or impose or collect any tax, fee,
780 cost, charge, or exaction for the placement of communications
781 facilities or the provision of communications services over the
782 communications services provider’s communications facilities in
783 a right-of-way.
784 (i) Except as expressly provided in this section, this
785 section does not modify the authority of municipalities and
786 counties to levy the tax authorized in chapter 202 or the duties
787 of providers of communications services under ss. 337.402
788 337.404. This section does not apply to building permits, pole
789 attachments, or private roads, private easements, and private
790 rights-of-way, or building permits unrelated to the placement of
791 communications facilities.
792 (7)
793 (b) As used in subsections (3)-(9) this subsection, the
794 term:
795 1. “Antenna” means communications equipment that transmits
796 or receives electromagnetic radio frequency signals used in
797 providing wireless services.
798 2. “Applicable codes” means uniform building, fire,
799 electrical, plumbing, or mechanical codes adopted by a
800 recognized national code organization or local amendments to
801 those codes enacted solely to address threats of destruction of
802 property or injury to persons, and includes the National
803 Electric Safety Code and the 2017 edition of the Florida
804 Department of Transportation Utility Accommodation Manual.
805 3. “Applicant” means a person who submits an application
806 and is a wireless provider.
807 4. “Application” means a request submitted by an applicant
808 to an authority for a permit to collocate small wireless
809 facilities, or to place a new utility pole used to support a
810 small wireless facility, or place other communications
811 facilities. An authority’s permit application form or process
812 must include all required permissions, however designated,
813 required by the authority to grant a permit to place
814 communications facilities, including, but not limited to, right
815 of-way occupancy, building permits, electrical permits, or
816 historic review.
817 5. “Authority” means a county or municipality having
818 jurisdiction and control of the rights-of-way of any public
819 road. The term does not include the Department of
820 Transportation. Rights-of-way under the jurisdiction and control
821 of the department are excluded from this subsection.
822 6. “Authority utility pole” means a utility pole owned by
823 an authority in the right-of-way. The term does not include a
824 utility pole owned by a municipal electric utility, a utility
825 pole used to support municipally owned or operated electric
826 distribution facilities, or a utility pole located in the right
827 of-way within:
828 a. A retirement community that:
829 (I) Is deed restricted as housing for older persons as
830 defined in s. 760.29(4)(b);
831 (II) Has more than 5,000 residents; and
832 (III) Has underground utilities for electric transmission
833 or distribution.
834 b. A municipality that:
835 (I) Is located on a coastal barrier island as defined in s.
836 161.053(1)(b)3.;
837 (II) Has a land area of less than 5 square miles;
838 (III) Has less than 10,000 residents; and
839 (IV) Has, before July 1, 2017, received referendum approval
840 to issue debt to finance municipal-wide undergrounding of its
841 utilities for electric transmission or distribution.
842 7. “Collocate” or “collocation” means to install, mount,
843 maintain, modify, operate, or replace one or more wireless
844 facilities on, under, within, or adjacent to a wireless support
845 structure or utility pole. The term does not include the
846 installation of a new utility pole or wireless support structure
847 in the public rights-of-way.
848 8. “FCC” means the Federal Communications Commission.
849 9. “Micro wireless facility” means a small wireless
850 facility having dimensions no larger than 24 inches in length,
851 15 inches in width, and 12 inches in height and an exterior
852 antenna, if any, no longer than 11 inches.
853 10. “Small wireless facility” means a wireless facility
854 that meets the following qualifications:
855 a. Each antenna associated with the facility is located
856 inside an enclosure of no more than 6 cubic feet in volume or,
857 in the case of antennas that have exposed elements, each antenna
858 and all of its exposed elements could fit within an enclosure of
859 no more than 6 cubic feet in volume; and
860 b. All other wireless equipment associated with the
861 facility is cumulatively no more than 28 cubic feet in volume.
862 The following types of associated ancillary equipment are not
863 included in the calculation of equipment volume: electric
864 meters, concealment elements, telecommunications demarcation
865 boxes, ground-based enclosures, grounding equipment, power
866 transfer switches, cutoff switches, vertical cable runs for the
867 connection of power and other services, and utility poles or
868 other support structures.
869 11. “Utility pole” means a pole or similar structure that
870 is used in whole or in part to provide communications services
871 or for electric distribution, lighting, traffic control,
872 signage, or a similar function. The term includes the vertical
873 support structure for traffic lights but does not include a
874 horizontal structure to which signal lights or other traffic
875 control devices are attached and does not include a pole or
876 similar structure 15 feet in height or less unless an authority
877 grants a waiver for such pole.
878 12. “Wireless facility” means equipment at a fixed location
879 which enables wireless communications between user equipment and
880 a communications network, including radio transceivers,
881 antennas, wires, coaxial or fiber-optic cable or other cables,
882 regular and backup power supplies, and comparable equipment,
883 regardless of technological configuration, and equipment
884 associated with wireless communications. The term includes small
885 wireless facilities. The term does not include:
886 a. The structure or improvements on, under, within, or
887 adjacent to the structure on which the equipment is collocated;
888 b. Wireline backhaul facilities; or
889 c. Coaxial or fiber-optic cable that is between wireless
890 structures or utility poles or that is otherwise not immediately
891 adjacent to or directly associated with a particular antenna.
892 13. “Wireless infrastructure provider” means a person who
893 has been certificated under chapter 364 to provide
894 telecommunications service or under chapter 610 to provide cable
895 or video services in this state, or that person’s affiliate, and
896 who builds or installs wireless communication transmission
897 equipment, wireless facilities, or wireless support structures
898 but is not a wireless services provider.
899 14. “Wireless provider” means a wireless infrastructure
900 provider or a wireless services provider.
901 15. “Wireless services” means any services provided using
902 licensed or unlicensed spectrum, whether at a fixed location or
903 mobile, using wireless facilities.
904 16. “Wireless services provider” means a person who
905 provides wireless services.
906 17. “Wireless support structure” means a freestanding
907 structure, such as a monopole, a guyed or self-supporting tower,
908 or another existing or proposed structure designed to support or
909 capable of supporting wireless facilities. The term does not
910 include a utility pole, pedestal, or other support structure for
911 ground-based equipment not mounted on a utility pole and less
912 than 5 feet in height.
913 (d) An authority may require a registration process and
914 permit fees in accordance with subsection (3). An authority
915 shall accept applications for permits and shall process and
916 issue permits subject to the following requirements:
917 1. An authority may not directly or indirectly require an
918 applicant to perform services unrelated to the collocation for
919 which approval is sought, such as in-kind contributions to the
920 authority, including reserving fiber, conduit, or pole space for
921 the authority.
922 2. An applicant may not be required to provide more
923 information to obtain a permit than is necessary to demonstrate
924 the applicant’s compliance with applicable codes for the
925 placement of small wireless facilities in the locations
926 identified in the application. An applicant may not be required
927 to provide inventories, maps, or locations of communications
928 facilities in the right-of-way other than as necessary to avoid
929 interference with other at-grade or aerial facilities located at
930 the specific location proposed for a small wireless facility or
931 within 50 feet of such location.
932 3. An authority may not:
933 a. Require the placement of small wireless facilities on
934 any specific utility pole or category of poles;
935 b. Require the placement of multiple antenna systems on a
936 single utility pole;
937 c. Require a demonstration that collocation of a small
938 wireless facility on an existing structure is not legally or
939 technically possible as a condition for granting a permit for
940 the collocation of a small wireless facility on a new utility
941 pole except as provided in paragraph (i);
942 d. Require compliance with an authority’s provisions
943 regarding placement of communications facilities, including
944 small wireless facilities or a new utility poles pole used to
945 support a small wireless facilities, facility in rights-of-way
946 under the control of the department unless the authority has
947 received a delegation from the department for the location of
948 the small wireless facility or utility pole;, or require such
949 compliance as a condition to receive a permit that is ancillary
950 to the permit for collocation of a small wireless facility,
951 including an electrical permit;
952 e. Require a meeting before filing an application;
953 f. Require direct or indirect public notification or a
954 public meeting for the placement of communication facilities in
955 the right-of-way;
956 g. Limit the size or configuration of a small wireless
957 facility or any of its components, if the small wireless
958 facility complies with the size limits in this subsection;
959 h. Prohibit the installation of a new utility pole used to
960 support the collocation of a small wireless facility if the
961 installation otherwise meets the requirements of this
962 subsection; or
963 i. Require that any component of a small wireless facility
964 be placed underground except as provided in paragraph (i); or
965 j. Require compliance with provisions regarding the
966 placement of communications facilities, including small wireless
967 facilities or new utility poles used to support small wireless
968 facilities, in rights-of-way not owned and controlled by the
969 authority and public utility easements that are within areas not
970 owned and controlled by the authority unless a permit delegation
971 agreement exists between the authority and the owner of the
972 right-of-way or area that contains the public utility easement.
973 4. Subject to paragraph (r), an authority may not limit the
974 placement, by minimum separation distances, of small wireless
975 facilities, utility poles on which small wireless facilities are
976 or will be collocated, or other at-grade communications
977 facilities. However, within 14 days after the date of filing the
978 application, an authority may request that the proposed location
979 of a small wireless facility be moved to another location in the
980 right-of-way and placed on an alternative authority utility pole
981 or support structure or placed on a new utility pole. The
982 authority and the applicant may negotiate the alternative
983 location, including any objective design standards and
984 reasonable spacing requirements for ground-based equipment, for
985 30 days after the date of the request. At the conclusion of the
986 negotiation period, if the alternative location is accepted by
987 the applicant, the applicant must notify the authority of such
988 acceptance and the application shall be deemed granted for any
989 new location for which there is agreement and all other
990 locations in the application. If an agreement is not reached,
991 the applicant must notify the authority of such nonagreement and
992 the authority must grant or deny the original application within
993 90 days after the date the application was filed. A request for
994 an alternative location, an acceptance of an alternative
995 location, or a rejection of an alternative location must be in
996 writing and provided by electronic mail.
997 5. An authority shall limit the height of a small wireless
998 facility to 10 feet above the utility pole or structure upon
999 which the small wireless facility is to be collocated. Unless
1000 waived by an authority, the height for a new utility pole is
1001 limited to the tallest existing utility pole as of July 1, 2017,
1002 located in the same right-of-way, other than a utility pole for
1003 which a waiver has previously been granted, measured from grade
1004 in place within 500 feet of the proposed location of the small
1005 wireless facility. If there is no utility pole within 500 feet,
1006 the authority shall limit the height of the utility pole to 50
1007 feet.
1008 6. The installation by a communications services provider
1009 of a utility pole in the public rights-of-way, other than a
1010 utility pole used to support a small wireless facility, is
1011 subject to authority rules or regulations governing the
1012 placement of utility poles in the public rights-of-way.
1013 7. Within 14 days after receiving an application, an
1014 authority must determine and notify the applicant by electronic
1015 mail as to whether the application is complete. If an
1016 application is deemed incomplete, the authority must
1017 specifically identify the missing information. An application is
1018 deemed complete if the authority fails to provide notification
1019 to the applicant within 14 days.
1020 8. An application must be processed on a nondiscriminatory
1021 basis. A complete application is deemed approved if an authority
1022 fails to approve or deny the application within 60 days after
1023 receipt of the application. If an authority does not use the 30
1024 day negotiation period provided in subparagraph 4., the parties
1025 may mutually agree to extend the 60-day application review
1026 period. The authority shall grant or deny the application at the
1027 end of the extended period. A permit issued pursuant to an
1028 approved application shall remain effective for 1 year unless
1029 extended by the authority.
1030 9. An authority must notify the applicant of approval or
1031 denial by electronic mail. An authority shall approve a complete
1032 application unless it does not meet the authority’s applicable
1033 codes. If the application is denied, the authority must specify
1034 in writing the basis for denial, including the specific code
1035 provisions on which the denial was based, and send the
1036 documentation to the applicant by electronic mail on the day the
1037 authority denies the application. The applicant may cure the
1038 deficiencies identified by the authority and resubmit the
1039 application within 30 days after notice of the denial is sent to
1040 the applicant. The authority shall approve or deny the revised
1041 application within 30 days after receipt or the application is
1042 deemed approved. The review of a revised application is limited
1043 to the deficiencies cited in the denial. If an authority
1044 provides for administrative review of the denial of an
1045 application, the review must be complete and a written decision
1046 issued within 45 days after a written request for review is
1047 made. A denial must identify the specific code provisions on
1048 which the denial is based. If the administrative review is not
1049 complete within 45 days, the authority waives any claim
1050 regarding failure to exhaust administrative remedies in any
1051 judicial review of the denial of an application.
1052 10. An applicant seeking to collocate small wireless
1053 facilities within the jurisdiction of a single authority may, at
1054 the applicant’s discretion, file a consolidated application and
1055 receive a single permit for the collocation of up to 30 small
1056 wireless facilities. If the application includes multiple small
1057 wireless facilities, an authority may separately address small
1058 wireless facility collocations for which incomplete information
1059 has been received or which are denied.
1060 11. An authority may deny an application to collocate a
1061 small wireless facility or place a utility pole used to support
1062 a small wireless facility in the public rights-of-way if the
1063 proposed small wireless facility or utility pole used to support
1064 a small wireless facility:
1065 a. Materially interferes with the safe operation of traffic
1066 control equipment.
1067 b. Materially interferes with sight lines or clear zones
1068 for transportation, pedestrians, or public safety purposes.
1069 c. Materially interferes with compliance with the Americans
1070 with Disabilities Act or similar federal or state standards
1071 regarding pedestrian access or movement.
1072 d. Materially fails to comply with the 2017 edition of the
1073 Florida Department of Transportation Utility Accommodation
1074 Manual.
1075 e. Fails to comply with applicable codes.
1076 f. Fails to comply with objective design standards
1077 authorized under paragraph (r).
1078 12. An authority may adopt by ordinance provisions for
1079 insurance coverage, indemnification, force majeure, abandonment,
1080 authority liability, or authority warranties. Such provisions
1081 must be reasonable and nondiscriminatory and apply to all
1082 providers of communications services, including, if applicable,
1083 any local government or nonprofit providers. An authority may
1084 require a construction bond to secure restoration of the
1085 postconstruction rights-of-way to the preconstruction condition.
1086 However, such bond must be time-limited to not more than 18
1087 months after the construction to which the bond applies is
1088 completed, and such bond must be reasonably related to the cost
1089 to secure restoration of the rights-of-way. An authority may not
1090 limit the number of permits allowed under the same bond. For any
1091 financial obligation required by an authority allowed under this
1092 section, the authority may not limit the number of permits in
1093 any way, including by project size or by limiting the number of
1094 applications or open permits, provided that the permit is closed
1095 out within 45 days after the provider’s completion of work; may
1096 not impose additional requirements based on the scope or linear
1097 feet of the project; and shall accept, at the option of the
1098 applicant, a bond or a letter of credit or similar financial
1099 instrument issued by any financial institution that is
1100 authorized to do business within the United States and, provided
1101 that a claim against the financial instrument may be made by
1102 electronic means, including by facsimile. An authority may not
1103 require a deposit or escrow of cash as a condition of issuing a
1104 permit or compel the applicant to agree to any additional terms
1105 or agreements not specifically authorized by this act or
1106 directly related to the work set out in the application. A
1107 provider of communications services may add an authority to any
1108 existing bond, insurance policy, or other relevant financial
1109 instrument, and the authority must accept such proof of coverage
1110 without any conditions other than consent to venue for purposes
1111 of any litigation to which the authority is a party. An
1112 authority may not require a communications services provider to
1113 indemnify it for liabilities not caused by the provider, its
1114 agents, or its employees, including liabilities arising from the
1115 authority’s negligence, gross negligence, or willful conduct by
1116 an unaffiliated third party.
1117 13. Collocation of a small wireless facility on an
1118 authority utility pole does not provide the basis for the
1119 imposition of an ad valorem tax on the authority utility pole.
1120 14. An authority may reserve space on authority utility
1121 poles for future public safety uses. However, a reservation of
1122 space may not preclude collocation of a small wireless facility.
1123 If replacement of the authority utility pole is necessary to
1124 accommodate the collocation of the small wireless facility and
1125 the future public safety use, the pole replacement is subject to
1126 make-ready provisions and the replaced pole shall accommodate
1127 the future public safety use.
1128 15. A structure granted a permit and installed pursuant to
1129 this subsection shall comply with chapter 333 and federal
1130 regulations pertaining to airport airspace protections.
1131 (r) An authority may require wireless providers to comply
1132 with objective design standards adopted by ordinance. The
1133 ordinance may only require:
1134 1. A new utility pole that replaces an existing utility
1135 pole to be of substantially similar design, material, and color;
1136 2. Reasonable spacing requirements concerning the location
1137 of a ground-mounted component of a small wireless facility which
1138 does not exceed 15 feet from the associated support structure;
1139 or
1140 3. A small wireless facility to meet reasonable location
1141 context, color, camouflage, and concealment requirements,
1142 subject to the limitations in this subsection; and
1143 4. A new utility pole used to support a small wireless
1144 facility to meet reasonable location context, color, and
1145 material of the predominant utility pole type at the proposed
1146 location of the new utility pole.
1147
1148 Such design standards under this paragraph may be waived by the
1149 authority upon a showing that the design standards are not
1150 reasonably compatible for the particular location of a small
1151 wireless facility or utility pole or are technically infeasible
1152 or that the design standards impose an excessive expense. The
1153 waiver must be granted or denied within 45 days after the date
1154 of the request. An authority may not require landscaping,
1155 landscaping maintenance, or vegetation management other than
1156 that necessary for right-of-way restoration.
1157 Section 23. Present paragraphs (b) and (c) of subsection
1158 (3) of section 338.231, Florida Statutes, are redesignated as
1159 paragraphs (c) and (d), respectively, a new paragraph (b) is
1160 added to that subsection, and paragraph (a) of that subsection
1161 is amended, to read:
1162 338.231 Turnpike tolls, fixing; pledge of tolls and other
1163 revenues.—The department shall at all times fix, adjust, charge,
1164 and collect such tolls and amounts for the use of the turnpike
1165 system as are required in order to provide a fund sufficient
1166 with other revenues of the turnpike system to pay the cost of
1167 maintaining, improving, repairing, and operating such turnpike
1168 system; to pay the principal of and interest on all bonds issued
1169 to finance or refinance any portion of the turnpike system as
1170 the same become due and payable; and to create reserves for all
1171 such purposes.
1172 (3)(a)1. For the period July 1, 1998, through June 30, 2029
1173 2027, the department shall, to the maximum extent feasible,
1174 program sufficient funds in the tentative work program such that
1175 the percentage of turnpike toll and bond financed commitments in
1176 Miami-Dade County, Broward County, and Palm Beach County as
1177 compared to total turnpike toll and bond financed commitments
1178 shall be at least 90 percent of the share of net toll
1179 collections attributable to users of the turnpike system in
1180 Miami-Dade County, Broward County, and Palm Beach County as
1181 compared to total net toll collections attributable to users of
1182 the turnpike system.
1183 2. Beginning in the 2029-2030 fiscal year, the department
1184 shall, to the maximum extent feasible, program sufficient funds
1185 in the tentative work program such that 100 percent of the share
1186 of net toll collections attributable to users of the turnpike
1187 system in Miami-Dade County, Broward County, and Palm Beach
1188 County is used for turnpike toll and bond financed commitments
1189 in those counties.
1190
1191 This paragraph subsection does not apply when the application of
1192 such requirements would violate any covenant established in a
1193 resolution or trust indenture relating to the issuance of
1194 turnpike bonds.
1195 (b) The department may at any time for economic
1196 considerations establish lower temporary toll rates for a new or
1197 existing toll facility for a period not to exceed 1 year, after
1198 which the toll rates adopted pursuant to s. 120.54 shall become
1199 effective.
1200 Section 24. Paragraph (b) of subsection (2) and paragraph
1201 (d) of subsection (5) of section 339.81, Florida Statutes, are
1202 amended to read:
1203 339.81 Florida Shared-Use Nonmotorized Trail Network.—
1204 (2)
1205 (b) The multiuse trails or shared-use paths of the
1206 statewide network must be physically separated from motor
1207 vehicle traffic and constructed with asphalt, concrete, or
1208 another improved hard surface approved by the department.
1209 (5)
1210 (d) To the greatest extent practicable, the department
1211 shall program projects in the work program to plan for
1212 development of the entire trail and to minimize the creation of
1213 gaps between trail segments. The department shall, at a minimum,
1214 ensure that local support exists for projects and trail
1215 segments, including the availability or dedication of local
1216 funding sources and of contributions by private landowners who
1217 agree to make their land, or property interests in such land,
1218 available for public use as a trail. The department may also
1219 consider any sponsorship agreement entered into pursuant to
1220 subsection (7).
1221 Section 25. Subsection (16) of section 341.041, Florida
1222 Statutes, is amended to read:
1223 341.041 Transit responsibilities of the department.—The
1224 department shall, within the resources provided pursuant to
1225 chapter 216:
1226 (16) Unless otherwise provided by state or federal law,
1227 ensure that all grants and agreements between the department and
1228 entities providing paratransit services to persons with
1229 disabilities include, at a minimum, the following provisions:
1230 (a) Performance requirements for the delivery of services,
1231 including clear penalties for repeated or continuing violations;
1232 (b) Minimum liability insurance requirements for all
1233 transportation services purchased, provided, or coordinated for
1234 the transportation disadvantaged, as defined in s. 427.011(1),
1235 through the contracted vendor or subcontractor thereof;
1236 (c) Complaint and grievance processes for users of
1237 paratransit services for persons with disabilities users,
1238 including a requirement that all reported complaints,
1239 grievances, and resolutions be reported to the department on a
1240 quarterly basis; and
1241 (d) A requirement that the provisions of paragraphs (a),
1242 (b), and (c) must be included in any agreement between an entity
1243 receiving a grant or an agreement from the department and such
1244 entity’s contractors or subcontractors that provide paratransit
1245 services for persons with disabilities.
1246 Section 26. Section 479.25, Florida Statutes, is amended to
1247 read:
1248 479.25 Erection of noise-attenuation barrier or obstruction
1249 blocking view of sign; procedures; application.—
1250 (1) The owner of a lawfully erected sign that is governed
1251 by and conforms to state and federal requirements for land use,
1252 size, height, and spacing may increase the height above ground
1253 level of such sign at its permitted location if a noise
1254 attenuation barrier, ramp, or braided bridge is permitted by or
1255 erected by any governmental entity in such a way as to screen or
1256 block visibility of the sign. Any increase in height permitted
1257 under this section may only be the increase in height which is
1258 required to achieve the same degree of visibility from the
1259 right-of-way which the sign had before the construction of the
1260 noise-attenuation barrier, ramp, or braided bridge,
1261 notwithstanding the restrictions contained in s. 479.07(9)(b). A
1262 sign reconstructed under this section must comply with the
1263 building standards and wind load requirements provided in the
1264 Florida Building Code. If construction of a proposed noise
1265 attenuation barrier, ramp, or braided bridge will screen a sign
1266 lawfully permitted under this chapter, the department shall
1267 provide notice to the local government or local jurisdiction
1268 within which the sign is located before construction. Upon a
1269 determination that an increase in the height of a sign as
1270 permitted under this section will violate an ordinance or a land
1271 development regulation of the local government or local
1272 jurisdiction, the local government or local jurisdiction shall,
1273 before construction:
1274 (a) Provide a variance or waiver to the local ordinance or
1275 land development regulations to allow an increase in the height
1276 of the sign;
1277 (b) Allow the sign to be relocated or reconstructed at
1278 another location if the sign owner agrees; or
1279 (c) Pay the fair market value of the sign and its
1280 associated interest in the real property.
1281 (2) The department shall hold a public hearing within the
1282 boundaries of the affected local governments or local
1283 jurisdictions to receive input on the proposed noise-attenuation
1284 barrier, ramp, or braided bridge and its conflict with the local
1285 ordinance or land development regulation and to suggest or
1286 consider alternatives or modifications to alleviate or minimize
1287 the conflict with the local ordinance or land development
1288 regulation or minimize any costs that may be associated with
1289 relocating, reconstructing, or paying for the affected sign. The
1290 public hearing may be held concurrently with other public
1291 hearings scheduled for the project. The department shall provide
1292 a written notification to the local government or local
1293 jurisdiction of the date and time of the public hearing and
1294 shall provide general notice of the public hearing in accordance
1295 with the notice provisions of s. 335.02(1). The notice may not
1296 be placed in that portion of a newspaper in which legal notices
1297 or classified advertisements appear. The notice must
1298 specifically state that:
1299 (a) Erection of the proposed noise-attenuation barrier,
1300 ramp, or braided bridge may block the visibility of an existing
1301 outdoor advertising sign;
1302 (b) The local government or local jurisdiction may restrict
1303 or prohibit increasing the height of the existing outdoor
1304 advertising sign; and
1305 (c) Upon construction of the noise-attenuation barrier,
1306 ramp, or braided bridge, the local government or local
1307 jurisdiction shall:
1308 1. Allow an increase in the height of the sign through a
1309 waiver or variance to a local ordinance or land development
1310 regulation;
1311 2. Allow the sign to be relocated or reconstructed at
1312 another location if the sign owner agrees; or
1313 3. Pay the fair market value of the sign and its associated
1314 interest in the real property.
1315 (3) The department may not permit erection of the noise
1316 attenuation barrier, ramp, or braided bridge to the extent the
1317 barrier or obstruction screens or blocks visibility of the sign
1318 until after the public hearing is held.
1319 (4) This section does not apply to any existing written
1320 agreement executed before July 1, 2006, between any local
1321 government and the owner of an outdoor advertising sign.
1322 Section 27. Section 790.19, Florida Statutes, is amended to
1323 read:
1324 790.19 Shooting into or throwing deadly missiles into
1325 dwellings, public or private buildings, occupied or not
1326 occupied; vessels, aircraft, buses, railroad cars, streetcars,
1327 or other vehicles.—A person who Whoever, wantonly or
1328 maliciously, shoots at, within, or into, or throws a any missile
1329 or hurls or projects a stone or other hard substance which would
1330 produce death or great bodily harm, at, within, or in a any
1331 public or private building, occupied or unoccupied; a, or public
1332 or private bus or a any train, locomotive, railway car, caboose,
1333 cable railway car, street railway car, monorail car, or vehicle
1334 of any kind which is being used or occupied by a any person; an
1335 autonomous vehicle, occupied or unoccupied; a, or any boat,
1336 vessel, ship, or barge lying in or plying the waters of this
1337 state;, or an aircraft flying through the airspace of this state
1338 commits shall be guilty of a felony of the second degree,
1339 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1340 Section 28. Present subsections (8) through (12) of section
1341 806.13, Florida Statutes, are redesignated as subsections (9)
1342 through (13), respectively, a new subsection (8) is added to
1343 that section, and present subsection (11) of that section is
1344 amended, to read:
1345 806.13 Criminal mischief; penalties; penalty for minor.—
1346 (8) A person who willfully or maliciously defaces, injures,
1347 or damages by any means an autonomous vehicle as defined in s.
1348 316.003(3)(a) commits a felony of the third degree, punishable
1349 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
1350 damage to the vehicle is greater than $1,000.
1351 (12)(11) A minor whose driver license or driving privilege
1352 is revoked, suspended, or withheld under subsection (11) (10)
1353 may elect to reduce the period of revocation, suspension, or
1354 withholding by performing community service at the rate of 1 day
1355 for each hour of community service performed. In addition, if
1356 the court determines that due to a family hardship, the minor’s
1357 driver license or driving privilege is necessary for employment
1358 or medical purposes of the minor or a member of the minor’s
1359 family, the court shall order the minor to perform community
1360 service and reduce the period of revocation, suspension, or
1361 withholding at the rate of 1 day for each hour of community
1362 service performed. As used in this subsection, the term
1363 “community service” means cleaning graffiti from public
1364 property.
1365 Section 29. Section 8 of chapter 2006-316, Laws of Florida,
1366 is amended to read:
1367 Section 8. Senator N. Ray Carroll Memorial Interchange
1368 designated; Department of Transportation to erect suitable
1369 markers.—
1370 (1) Upon completion of construction, the New Nolte Road
1371 Interchange The Florida Turnpike interchange being constructed
1372 at Milepost 240 and Kissimmee Park Road in Osceola County is
1373 designated as “Senator N. Ray Carroll Memorial Interchange.”
1374 (2) The Department of Transportation is directed to erect
1375 suitable markers designating Senator N. Ray Carroll Memorial
1376 Interchange as described in subsection (1).
1377 Section 30. The Department of Transportation shall conduct
1378 a study to evaluate the long-term impact of alternative fuel
1379 vehicles on state transportation revenues and identify potential
1380 policy options to address projected revenue reductions.
1381 (1) The study must:
1382 (a) Identify the projected impact of specific alternative
1383 fuel vehicle types and the corresponding projected impact on
1384 state transportation revenues.
1385 (b) Evaluate new transportation revenue models, including,
1386 but not limited to, alternative fuel vehicle-specific
1387 registration fees and taxes; technological and industry
1388 partnerships that could facilitate fees based on miles-per
1389 gallon usage equivalences; and revenue models that are based on
1390 vehicle miles-based taxes.
1391 (c) Analyze the advantages, disadvantages, and projected
1392 revenue impacts from each transportation revenue model.
1393 (2) By January 1, 2027, the department shall submit a
1394 report to the Governor, the President of the Senate, and the
1395 Speaker of the House of Representatives providing the results of
1396 the study.
1397 Section 31. For the 2026-2027 fiscal year, the sum of
1398 $300,000 in nonrecurring funds is appropriated from the State
1399 Transportation Trust Fund to the Department of Transportation
1400 for the purpose of studying alternative fuel vehicles and
1401 methods to receive transportation revenues from users of such
1402 vehicles.
1403 Section 32. Paragraph (b) of subsection (3) of section
1404 311.07, Florida Statutes, is amended to read:
1405 311.07 Florida seaport transportation and economic
1406 development funding.—
1407 (3)
1408 (b) Projects eligible for funding by grants under the
1409 program are limited to the following port facilities or port
1410 transportation projects:
1411 1. Transportation facilities within the jurisdiction of the
1412 port.
1413 2. The dredging or deepening of channels, turning basins,
1414 or harbors.
1415 3. The construction or rehabilitation of wharves, docks,
1416 structures, jetties, piers, storage facilities, cruise
1417 terminals, automated people mover systems, or any facilities
1418 necessary or useful in connection with any of the foregoing.
1419 4. The acquisition of vessel tracking systems, container
1420 cranes, or other mechanized equipment used in the movement of
1421 cargo or passengers in international commerce.
1422 5. The acquisition of land to be used for port purposes.
1423 6. The acquisition, improvement, enlargement, or extension
1424 of existing port facilities.
1425 7. Environmental protection projects which are necessary
1426 because of requirements imposed by a state agency as a condition
1427 of a permit or other form of state approval; which are necessary
1428 for environmental mitigation required as a condition of a state,
1429 federal, or local environmental permit; which are necessary for
1430 the acquisition of spoil disposal sites and improvements to
1431 existing and future spoil sites; or which result from the
1432 funding of eligible projects listed in this paragraph.
1433 8. Transportation facilities as defined in s. 334.03 s.
1434 334.03(30) which are not otherwise part of the Department of
1435 Transportation’s adopted work program.
1436 9. Intermodal access projects.
1437 10. Construction or rehabilitation of port facilities as
1438 defined in s. 315.02, excluding any park or recreational
1439 facilities, in ports listed in s. 311.09(1) with operating
1440 revenues of $5 million or less, provided that such projects
1441 create economic development opportunities, capital improvements,
1442 and positive financial returns to such ports.
1443 11. Seaport master plan or strategic plan development or
1444 updates, including the purchase of data to support such plans.
1445 12. Spaceport or space industry-related planning or
1446 construction of facilities on seaport property which are
1447 necessary or useful for advancing the space industry in this
1448 state and provide an economic benefit to this state.
1449 13. Commercial shipbuilding and manufacturing facilities on
1450 seaport property, if such projects provide an economic benefit
1451 to the community in which the seaport is located.
1452 Section 33. Paragraph (b) of subsection (2) of section
1453 316.0777, Florida Statutes, is amended to read:
1454 316.0777 Automated license plate recognition systems;
1455 installation within rights-of-way of State Highway System;
1456 public records exemption.—
1457 (2)
1458 (b) At the discretion of the Department of Transportation,
1459 an automated license plate recognition system may be installed
1460 within the right-of-way, as defined in s. 334.03 s. 334.03(21),
1461 of a road on the State Highway System when installed at the
1462 request of a law enforcement agency for the purpose of
1463 collecting active criminal intelligence information or active
1464 criminal investigative information as defined in s. 119.011(3).
1465 An automated license plate recognition system may not be used to
1466 issue a notice of violation for a traffic infraction or a
1467 uniform traffic citation. Such installation must be in
1468 accordance with placement and installation guidelines developed
1469 by the Department of Transportation. An automated license plate
1470 recognition system must be removed within 30 days after the
1471 Department of Transportation notifies the requesting law
1472 enforcement agency that such removal must occur.
1473 Section 34. Paragraph (c) of subsection (5) of section
1474 316.515, Florida Statutes, is amended to read:
1475 316.515 Maximum width, height, length.—
1476 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1477 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
1478 (c) The width and height limitations of this section do not
1479 apply to farming or agricultural equipment, whether self
1480 propelled, pulled, or hauled, when temporarily operated during
1481 daylight hours upon a public road that is not a limited access
1482 facility as defined in s. 334.03 s. 334.03(12), and the width
1483 and height limitations may be exceeded by such equipment without
1484 a permit. To be eligible for this exemption, the equipment shall
1485 be operated within a radius of 50 miles of the real property
1486 owned, rented, managed, harvested, or leased by the equipment
1487 owner. However, equipment being delivered by a dealer to a
1488 purchaser is not subject to the 50-mile limitation. Farming or
1489 agricultural equipment greater than 174 inches in width must
1490 have one warning lamp mounted on each side of the equipment to
1491 denote the width and must have a slow-moving vehicle sign.
1492 Warning lamps required by this paragraph must be visible from
1493 the front and rear of the vehicle and must be visible from a
1494 distance of at least 1,000 feet.
1495 Section 35. Section 336.01, Florida Statutes, is amended to
1496 read:
1497 336.01 Designation of county road system.—The county road
1498 system shall be as defined in s. 334.03 s. 334.03(8).
1499 Section 36. Subsection (2) of section 338.222, Florida
1500 Statutes, is amended to read:
1501 338.222 Department of Transportation sole governmental
1502 entity to acquire, construct, or operate turnpike projects;
1503 exception.—
1504 (2) The department may, but is not required to, contract
1505 with any local governmental entity as defined in s. 334.03 s.
1506 334.03(13) for the design, right-of-way acquisition, transfer,
1507 purchase, sale, acquisition, or other conveyance of the
1508 ownership, operation, maintenance, or construction of any
1509 turnpike project which the Legislature has approved. Local
1510 governmental entities may negotiate and contract with the
1511 department for the design, right-of-way acquisition, transfer,
1512 purchase, sale, acquisition, or other conveyance of the
1513 ownership, operation, maintenance, or construction of any
1514 section of the turnpike project within areas of their respective
1515 jurisdictions or within counties with which they have interlocal
1516 agreements.
1517 Section 37. Subsection (2) of section 341.8225, Florida
1518 Statutes, is amended to read:
1519 341.8225 Department of Transportation sole governmental
1520 entity to acquire, construct, or operate high-speed rail
1521 projects; exception.—
1522 (2) Local governmental entities, as defined in s. 334.03 s.
1523 334.03(13), may negotiate with the department for the design,
1524 right-of-way acquisition, and construction of any component of
1525 the high-speed rail system within areas of their respective
1526 jurisdictions or within counties with which they have interlocal
1527 agreements.
1528 Section 38. Paragraph (b) of subsection (12) of section
1529 376.3071, Florida Statutes, is amended to read:
1530 376.3071 Inland Protection Trust Fund; creation; purposes;
1531 funding.—
1532 (12) SITE CLEANUP.—
1533 (b) Low-scored site initiative.—Notwithstanding subsections
1534 (5) and (6), a site with a priority ranking score of 29 points
1535 or less may voluntarily participate in the low-scored site
1536 initiative regardless of whether the site is eligible for state
1537 restoration funding.
1538 1. To participate in the low-scored site initiative, the
1539 property owner, or a responsible party who provides evidence of
1540 authorization from the property owner, must submit a “No Further
1541 Action” proposal and affirmatively demonstrate that the
1542 conditions imposed under subparagraph 4. are met.
1543 2. Upon affirmative demonstration that the conditions
1544 imposed under subparagraph 4. are met, the department shall
1545 issue a site rehabilitation completion order incorporating the
1546 “No Further Action” proposal submitted by the property owner or
1547 the responsible party, who must provide evidence of
1548 authorization from the property owner. If no contamination is
1549 detected, the department may issue a site rehabilitation
1550 completion order.
1551 3. Sites that are eligible for state restoration funding
1552 may receive payment of costs for the low-scored site initiative
1553 as follows:
1554 a. A property owner, or a responsible party who provides
1555 evidence of authorization from the property owner, may submit an
1556 assessment and limited remediation plan designed to
1557 affirmatively demonstrate that the site meets the conditions
1558 imposed under subparagraph 4. Notwithstanding the priority
1559 ranking score of the site, the department may approve the cost
1560 of the assessment and limited remediation, including up to 12
1561 months of groundwater monitoring and 12 months of limited
1562 remediation activities in one or more task assignments or
1563 modifications thereof, not to exceed the threshold amount
1564 provided in s. 287.017 for CATEGORY TWO, for each site where the
1565 department has determined that the assessment and limited
1566 remediation, if applicable, will likely result in a
1567 determination of “No Further Action.” The department may not pay
1568 the costs associated with the establishment of institutional or
1569 engineering controls other than the costs associated with a
1570 professional land survey or a specific purpose survey, if such
1571 is needed, and the costs associated with obtaining a title
1572 report and paying recording fees.
1573 b. After the approval of initial site assessment results
1574 provided pursuant to state funding under sub-subparagraph a.,
1575 the department may approve an additional amount not to exceed
1576 the threshold amount provided in s. 287.017 for CATEGORY TWO for
1577 limited remediation needed to achieve a determination of “No
1578 Further Action.”
1579 c. The assessment and limited remediation work shall be
1580 completed no later than 15 months after the department
1581 authorizes the start of a state-funded, low-score site
1582 initiative task. If groundwater monitoring is required after the
1583 assessment and limited remediation in order to satisfy the
1584 conditions under subparagraph 4., the department may authorize
1585 an additional 12 months to complete the monitoring.
1586 d. No more than $15 million for the low-scored site
1587 initiative may be encumbered from the fund in any fiscal year.
1588 Funds shall be made available on a first-come, first-served
1589 basis and shall be limited to 10 sites in each fiscal year for
1590 each property owner or each responsible party who provides
1591 evidence of authorization from the property owner.
1592 e. Program deductibles, copayments, and the limited
1593 contamination assessment report requirements under paragraph
1594 (13)(d) do not apply to expenditures under this paragraph.
1595 4. The department shall issue an order incorporating the
1596 “No Further Action” proposal submitted by a property owner or a
1597 responsible party who provides evidence of authorization from
1598 the property owner upon affirmative demonstration that all of
1599 the following conditions are met:
1600 a. Soil saturated with petroleum or petroleum products, or
1601 soil that causes a total corrected hydrocarbon measurement of
1602 500 parts per million or higher for the Gasoline Analytical
1603 Group or 50 parts per million or higher for the Kerosene
1604 Analytical Group, as defined by department rule, does not exist
1605 onsite as a result of a release of petroleum products.
1606 b. A minimum of 12 months of groundwater monitoring
1607 indicates that the plume is shrinking or stable.
1608 c. The release of petroleum products at the site does not
1609 adversely affect adjacent surface waters, including their
1610 effects on human health and the environment.
1611 d. The area containing the petroleum products’ chemicals of
1612 concern:
1613 (I) Is confined to the source property boundaries of the
1614 real property on which the discharge originated, unless the
1615 property owner has requested or authorized a more limited area
1616 in the “No Further Action” proposal submitted under this
1617 subsection; or
1618 (II) Has migrated from the source property onto or beneath
1619 a transportation facility as defined in s. 334.03 s. 334.03(30)
1620 for which the department has approved, and the governmental
1621 entity owning the transportation facility has agreed to
1622 institutional controls as defined in s. 376.301(21). This sub
1623 sub-subparagraph does not, however, impose any legal liability
1624 on the transportation facility owner, obligate such owner to
1625 engage in remediation, or waive such owner’s right to recover
1626 costs for damages.
1627 e. The groundwater contamination containing the petroleum
1628 products’ chemicals of concern is not a threat to any permitted
1629 potable water supply well.
1630 f. Soils onsite found between land surface and 2 feet below
1631 land surface which are subject to human exposure meet the soil
1632 cleanup target levels established in subparagraph (5)(b)9., or
1633 human exposure is limited by appropriate institutional or
1634 engineering controls.
1635
1636 Issuance of a site rehabilitation completion order under this
1637 paragraph acknowledges that minimal contamination exists onsite
1638 and that such contamination is not a threat to the public
1639 health, safety, or welfare; water resources; or the environment.
1640 Pursuant to subsection (4), the issuance of the site
1641 rehabilitation completion order, with or without conditions,
1642 does not alter eligibility for state-funded rehabilitation that
1643 would otherwise be applicable under this section.
1644 Section 39. Paragraph (a) of subsection (2) of section
1645 403.7211, Florida Statutes, is amended to read:
1646 403.7211 Hazardous waste facilities managing hazardous
1647 wastes generated offsite; federal facilities managing hazardous
1648 waste.—
1649 (2) The department may not issue any permit under s.
1650 403.722 for the construction, initial operation, or substantial
1651 modification of a facility for the disposal, storage, or
1652 treatment of hazardous waste generated offsite which is proposed
1653 to be located in any of the following locations:
1654 (a) Any area where life-threatening concentrations of
1655 hazardous substances could accumulate at any residence or
1656 residential subdivision as the result of a catastrophic event at
1657 the proposed facility, unless each such residence or residential
1658 subdivision is served by at least one arterial road or urban
1659 minor arterial road, as determined under the procedures
1660 referenced in s. 334.03 s. 334.03(10), which provides safe and
1661 direct egress by land to an area where such life-threatening
1662 concentrations of hazardous substances could not accumulate in a
1663 catastrophic event. Egress by any road leading from any
1664 residence or residential subdivision to any point located within
1665 1,000 yards of the proposed facility is unsafe for the purposes
1666 of this paragraph. In determining whether egress proposed by the
1667 applicant is safe and direct, the department shall also
1668 consider, at a minimum, the following factors:
1669 1. Natural barriers such as water bodies, and whether any
1670 road in the proposed evacuation route is impaired by a natural
1671 barrier such as a water body.
1672 2. Potential exposure during egress and potential increases
1673 in the duration of exposure.
1674 3. Whether any road in a proposed evacuation route passes
1675 in close proximity to the facility.
1676 4. Whether any portion of the evacuation route is
1677 inherently directed toward the facility.
1678
1679 For the purposes of this subsection, all distances shall be
1680 measured from the outer limit of the active hazardous waste
1681 management area. “Substantial modification” includes: any
1682 physical change in, change in the operations of, or addition to
1683 a facility which could increase the potential offsite impact, or
1684 risk of impact, from a release at that facility; and any change
1685 in permit conditions which is reasonably expected to lead to
1686 greater potential impacts or risks of impacts, from a release at
1687 that facility. “Substantial modification” does not include a
1688 change in operations, structures, or permit conditions which
1689 does not substantially increase either the potential impact
1690 from, or the risk of, a release. Physical or operational changes
1691 to a facility related solely to the management of nonhazardous
1692 waste at the facility is not considered a substantial
1693 modification. The department shall, by rule, adopt criteria to
1694 determine whether a facility has been substantially modified.
1695 “Initial operation” means the initial commencement of operations
1696 at the facility.
1697 Section 40. Subsection (5) of section 479.261, Florida
1698 Statutes, is amended to read:
1699 479.261 Logo sign program.—
1700 (5) At a minimum, permit fees for businesses that
1701 participate in the program must be established in an amount
1702 sufficient to offset the total cost to the department for the
1703 program, including contract costs. The department shall provide
1704 the services in the most efficient and cost-effective manner
1705 through department staff or by contracting for some or all of
1706 the services. The department shall adopt rules that set
1707 reasonable rates based upon factors such as population, traffic
1708 volume, market demand, and costs for annual permit fees.
1709 However, annual permit fees for sign locations inside an urban
1710 area, as defined in s. 334.03 s. 334.03(31), may not exceed
1711 $3,500, and annual permit fees for sign locations outside an
1712 urban area, as defined in s. 334.03 s. 334.03(31), may not
1713 exceed $2,000. After recovering program costs, the proceeds from
1714 the annual permit fees shall be deposited into the State
1715 Transportation Trust Fund and used for transportation purposes.
1716 Section 41. Paragraph (a) of subsection (2) of section
1717 715.07, Florida Statutes, is amended to read:
1718 715.07 Vehicles or vessels parked on private property;
1719 towing.—
1720 (2) The owner or lessee of real property, or any person
1721 authorized by the owner or lessee, which person may be the
1722 designated representative of the condominium association if the
1723 real property is a condominium, may cause any vehicle or vessel
1724 parked on such property without her or his permission to be
1725 removed by a person regularly engaged in the business of towing
1726 vehicles or vessels, without liability for the costs of removal,
1727 transportation, or storage or damages caused by such removal,
1728 transportation, or storage, under any of the following
1729 circumstances:
1730 (a) The towing or removal of any vehicle or vessel from
1731 private property without the consent of the registered owner or
1732 other legally authorized person in control of that vehicle or
1733 vessel is subject to substantial compliance with the following
1734 conditions and restrictions:
1735 1.a. Any towed or removed vehicle or vessel must be stored
1736 at a site within a 10-mile radius of the point of removal in any
1737 county of 500,000 population or more, and within a 15-mile
1738 radius of the point of removal in any county of fewer than
1739 500,000 population. That site must be open for the purpose of
1740 redemption of vehicles on any day that the person or firm towing
1741 such vehicle or vessel is open for towing purposes, from 8:00
1742 a.m. to 6:00 p.m., and, when closed, shall have prominently
1743 posted a sign indicating a telephone number where the operator
1744 of the site can be reached at all times. Upon receipt of a
1745 telephoned request to open the site to redeem a vehicle or
1746 vessel, the operator shall return to the site within 1 hour or
1747 she or he will be in violation of this section.
1748 b. If no towing business providing such service is located
1749 within the area of towing limitations set forth in sub
1750 subparagraph a., the following limitations apply: any towed or
1751 removed vehicle or vessel must be stored at a site within a 20
1752 mile radius of the point of removal in any county of 500,000
1753 population or more, and within a 30-mile radius of the point of
1754 removal in any county of fewer than 500,000 population.
1755 2. The person or firm towing or removing the vehicle or
1756 vessel shall, within 30 minutes after completion of such towing
1757 or removal, notify the municipal police department or, in an
1758 unincorporated area, the sheriff, of such towing or removal, the
1759 storage site, the time the vehicle or vessel was towed or
1760 removed, and the make, model, color, and license plate number of
1761 the vehicle or description and registration number of the vessel
1762 and shall obtain the name of the person at that department to
1763 whom such information was reported and note that name on the
1764 trip record.
1765 3. A person in the process of towing or removing a vehicle
1766 or vessel from the premises or parking lot in which the vehicle
1767 or vessel is not lawfully parked must stop when a person seeks
1768 the return of the vehicle or vessel. The vehicle or vessel must
1769 be returned upon the payment of a reasonable service fee of not
1770 more than one-half of the posted rate for the towing or removal
1771 service as provided in subparagraph 6. The vehicle or vessel may
1772 be towed or removed if, after a reasonable opportunity, the
1773 owner or legally authorized person in control of the vehicle or
1774 vessel is unable to pay the service fee. If the vehicle or
1775 vessel is redeemed, a detailed signed receipt must be given to
1776 the person redeeming the vehicle or vessel.
1777 4. A person may not pay or accept money or other valuable
1778 consideration for the privilege of towing or removing vehicles
1779 or vessels from a particular location.
1780 5. Except for property appurtenant to and obviously a part
1781 of a single-family residence, and except for instances when
1782 notice is personally given to the owner or other legally
1783 authorized person in control of the vehicle or vessel that the
1784 area in which that vehicle or vessel is parked is reserved or
1785 otherwise unavailable for unauthorized vehicles or vessels and
1786 that the vehicle or vessel is subject to being removed at the
1787 owner’s or operator’s expense, any property owner or lessee, or
1788 person authorized by the property owner or lessee, before towing
1789 or removing any vehicle or vessel from private property without
1790 the consent of the owner or other legally authorized person in
1791 control of that vehicle or vessel, must post a notice meeting
1792 the following requirements:
1793 a. The notice must be prominently placed at each driveway
1794 access or curb cut allowing vehicular access to the property
1795 within 10 feet from the road, as defined in s. 334.03 s.
1796 334.03(22). If there are no curbs or access barriers, the signs
1797 must be posted not fewer than one sign for each 25 feet of lot
1798 frontage.
1799 b. The notice must clearly indicate, in not fewer than 2
1800 inch high, light-reflective letters on a contrasting background,
1801 that unauthorized vehicles will be towed away at the owner’s
1802 expense. The words “tow-away zone” must be included on the sign
1803 in not fewer than 4-inch high letters.
1804 c. The notice must also provide the name and current
1805 telephone number of the person or firm towing or removing the
1806 vehicles or vessels.
1807 d. The sign structure containing the required notices must
1808 be permanently installed with the words “tow-away zone” not
1809 fewer than 3 feet and not more than 6 feet above ground level
1810 and must be continuously maintained on the property for not
1811 fewer than 24 hours before the towing or removal of any vehicles
1812 or vessels.
1813 e. The local government may require permitting and
1814 inspection of these signs before any towing or removal of
1815 vehicles or vessels being authorized.
1816 f. A business with 20 or fewer parking spaces satisfies the
1817 notice requirements of this subparagraph by prominently
1818 displaying a sign stating “Reserved Parking for Customers Only
1819 Unauthorized Vehicles or Vessels Will be Towed Away At the
1820 Owner’s Expense” in not fewer than 4-inch high, light-reflective
1821 letters on a contrasting background.
1822 g. A property owner towing or removing vessels from real
1823 property must post notice, consistent with the requirements in
1824 sub-subparagraphs a.-f., which apply to vehicles, that
1825 unauthorized vehicles or vessels will be towed away at the
1826 owner’s expense.
1827
1828 A business owner or lessee may authorize the removal of a
1829 vehicle or vessel by a towing company when the vehicle or vessel
1830 is parked in such a manner that restricts the normal operation
1831 of business; and if a vehicle or vessel parked on a public
1832 right-of-way obstructs access to a private driveway the owner,
1833 lessee, or agent may have the vehicle or vessel removed by a
1834 towing company upon signing an order that the vehicle or vessel
1835 be removed without a posted tow-away zone sign.
1836 6. Any person or firm that tows or removes vehicles or
1837 vessels and proposes to require an owner, operator, or person in
1838 control or custody of a vehicle or vessel to pay the costs of
1839 towing and storage before redemption of the vehicle or vessel
1840 must file and keep on record with the local law enforcement
1841 agency a complete copy of the current rates to be charged for
1842 such services and post at the storage site an identical rate
1843 schedule and any written contracts with property owners,
1844 lessees, or persons in control of property which authorize such
1845 person or firm to remove vehicles or vessels as provided in this
1846 section.
1847 7. Any person or firm towing or removing any vehicles or
1848 vessels from private property without the consent of the owner
1849 or other legally authorized person in control or custody of the
1850 vehicles or vessels shall, on any trucks, wreckers as defined in
1851 s. 713.78(1), or other vehicles used in the towing or removal,
1852 have the name, address, and telephone number of the company
1853 performing such service clearly printed in contrasting colors on
1854 the driver and passenger sides of the vehicle. The name shall be
1855 in at least 3-inch permanently affixed letters, and the address
1856 and telephone number shall be in at least 1-inch permanently
1857 affixed letters.
1858 8. Vehicle entry for the purpose of removing the vehicle or
1859 vessel shall be allowed with reasonable care on the part of the
1860 person or firm towing the vehicle or vessel. Such person or firm
1861 shall be liable for any damage occasioned to the vehicle or
1862 vessel if such entry is not in accordance with the standard of
1863 reasonable care.
1864 9. When a vehicle or vessel has been towed or removed
1865 pursuant to this section, it must be released to its owner or
1866 person in control or custody within 1 hour after requested. Any
1867 vehicle or vessel owner or person in control or custody has the
1868 right to inspect the vehicle or vessel before accepting its
1869 return, and no release or waiver of any kind which would release
1870 the person or firm towing the vehicle or vessel from liability
1871 for damages noted by the owner or person in control or custody
1872 at the time of the redemption may be required from any vehicle
1873 or vessel owner or person in control or custody as a condition
1874 of release of the vehicle or vessel to its owner or person in
1875 control or custody. A detailed receipt showing the legal name of
1876 the company or person towing or removing the vehicle or vessel
1877 must be given to the person paying towing or storage charges at
1878 the time of payment, whether requested or not.
1879 Section 42. Paragraph (a) of subsection (2) of section
1880 1006.23, Florida Statutes, is amended to read:
1881 1006.23 Hazardous walking conditions.—
1882 (2) HAZARDOUS WALKING CONDITIONS.—
1883 (a) Walkways parallel to the road.—
1884 1. It shall be considered a hazardous walking condition
1885 with respect to any road along which students must walk in order
1886 to walk to and from school if there is not an area at least 4
1887 feet wide adjacent to the road, not including drainage ditches,
1888 sluiceways, swales, or channels, having a surface upon which
1889 students may walk without being required to walk on the road
1890 surface or if the walkway is along a limited access facility as
1891 defined in s. 334.03 s. 334.03(12). In addition, whenever the
1892 road along which students must walk is uncurbed and has a posted
1893 speed limit of 50 miles per hour or greater, the area as
1894 described above for students to walk upon shall be set off the
1895 road by no less than 3 feet from the edge of the road.
1896 2. Subparagraph 1. does not apply when the road along which
1897 students must walk:
1898 a. Is a road on which the volume of traffic is less than
1899 180 vehicles per hour, per direction, during the time students
1900 walk to and from school; or
1901 b. Is located in a residential area and has a posted speed
1902 limit of 30 miles per hour or less.
1903 Section 43. For the purpose of incorporating the amendment
1904 made by this act to section 316.003, Florida Statutes, in a
1905 reference thereto, subsection (21) of section 320.02, Florida
1906 Statutes, is reenacted to read:
1907 320.02 Registration required; application for registration;
1908 forms.—
1909 (21) A personal delivery device and a mobile carrier as
1910 defined in s. 316.003 are not required to satisfy the
1911 registration and insurance requirements of this section.
1912 Section 44. For the purpose of incorporating the amendment
1913 made by this act to section 316.003, Florida Statutes, in a
1914 reference thereto, subsection (1) of section 324.021, Florida
1915 Statutes, is reenacted to read:
1916 324.021 Definitions; minimum insurance required.—The
1917 following words and phrases when used in this chapter shall, for
1918 the purpose of this chapter, have the meanings respectively
1919 ascribed to them in this section, except in those instances
1920 where the context clearly indicates a different meaning:
1921 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
1922 designed and required to be licensed for use upon a highway,
1923 including trailers and semitrailers designed for use with such
1924 vehicles, except traction engines, road rollers, farm tractors,
1925 power shovels, and well drillers, and every vehicle that is
1926 propelled by electric power obtained from overhead wires but not
1927 operated upon rails, but not including any personal delivery
1928 device or mobile carrier as defined in s. 316.003, bicycle,
1929 electric bicycle, or moped. However, the term “motor vehicle”
1930 does not include a motor vehicle as defined in s. 627.732(3)
1931 when the owner of such vehicle has complied with the
1932 requirements of ss. 627.730-627.7405, inclusive, unless the
1933 provisions of s. 324.051 apply; and, in such case, the
1934 applicable proof of insurance provisions of s. 320.02 apply.
1935 Section 45. For the purpose of incorporating the amendment
1936 made by this act to section 316.003, Florida Statutes, in a
1937 reference thereto, paragraph (a) of subsection (2) of section
1938 324.022, Florida Statutes, is reenacted to read:
1939 324.022 Financial responsibility for property damage.—
1940 (2) As used in this section, the term:
1941 (a) “Motor vehicle” means any self-propelled vehicle that
1942 has four or more wheels and that is of a type designed and
1943 required to be licensed for use on the highways of this state,
1944 and any trailer or semitrailer designed for use with such
1945 vehicle. The term does not include:
1946 1. A mobile home.
1947 2. A motor vehicle that is used in mass transit and
1948 designed to transport more than five passengers, exclusive of
1949 the operator of the motor vehicle, and that is owned by a
1950 municipality, transit authority, or political subdivision of the
1951 state.
1952 3. A school bus as defined in s. 1006.25.
1953 4. A vehicle providing for-hire transportation that is
1954 subject to the provisions of s. 324.031. A taxicab shall
1955 maintain security as required under s. 324.032(1).
1956 5. A personal delivery device as defined in s. 316.003.
1957 Section 46. This act shall take effect July 1, 2026.