Bill Text: FL S1180 | 2011 | Regular Session | Comm Sub


Bill Title: Transportation

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1180 Detail]

Download: Florida-2011-S1180-Comm_Sub.html
       Florida Senate - 2011                      CS for CS for SB 1180
       
       
       
       By the Committees on Budget; and Transportation; and Senator
       Latvala
       
       
       
       576-04678-11                                          20111180c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; providing that the Florida Statewide Passenger
    4         Rail Commission has the primary and exclusive
    5         authority to monitor certain designated functions
    6         related to passenger rail systems; removing from the
    7         Florida Transportation Commission the responsibility
    8         and duty to monitor the efficiency, productivity, and
    9         management of all publicly funded passenger rail
   10         systems in the state; amending s. 212.055, F.S.;
   11         requiring counties to revise, as necessary, any
   12         interlocal agreements entered into with municipalities
   13         for the distribution of proceeds of the discretionary
   14         sales surcharge in order that newly participating
   15         municipalities may receive a share of the
   16         distribution; specifying conditions by which a
   17         municipality may receive a distribution of the sales
   18         surcharge; amending s. 286.011, F.S.; providing for
   19         the conduct of transportation agency public meetings
   20         through the use of communications media technology;
   21         amending s. 316.091, F.S.; requiring the Department of
   22         Transportation to establish a pilot program to open
   23         certain limited access highways and bridges to
   24         bicycles and other human-powered vehicles; providing
   25         requirements for the pilot program; amending s.
   26         334.03, F.S.; revising and repealing obsolete
   27         definitions in the Florida Transportation Code;
   28         defining the term “launch support facilities”;
   29         amending s. 334.044, F.S.; revising the duties and
   30         powers of the Department of Transportation; amending
   31         s. 334.047, F.S.; repealing an obsolete provision
   32         prohibiting the department from establishing a maximum
   33         number of miles of urban principal arterial roads
   34         within a district or county; amending s. 336.021,
   35         F.S.; revising the date when imposition of the ninth
   36         cent fuel tax will be levied; amending s. 336.025,
   37         F.S.; revising the date when imposition or rate
   38         charges of the local option fuel tax shall be levied;
   39         revising the definition of the term “transportation
   40         expenditures” for purposes of specified provisions
   41         that restrict the use of local option fuel tax funds
   42         by counties and municipalities; amending s. 337.111,
   43         F.S.; providing additional forms of security for the
   44         cost of removal of monuments or memorials or
   45         modifications to an installation site at highway rest
   46         areas; amending s. 337.403, F.S.; specifying a utility
   47         owner must initiate work necessary to alleviate
   48         unreasonable interference under certain circumstances;
   49         amending s. 337.404, F.S.; revising notice and order
   50         requirements relating to utility work; repealing s.
   51         338.001, F.S., relating to the Florida Interstate
   52         Highway System Plan; amending s. 338.01, F.S.;
   53         clarifying provisions governing the designation and
   54         function of limited access facilities; amending s.
   55         338.227, F.S.; replacing a reference to the Florida
   56         Intrastate Highway System Plan with a reference to the
   57         Strategic Intermodal System Plan to provide for the
   58         participation of minority businesses in certain
   59         contracts related to the plan; amending ss. 338.2275
   60         and 338.228, F.S., relating to turnpike projects;
   61         revising cross-references; amending s. 338.234, F.S.;
   62         replacing a reference to the Florida Intrastate
   63         Highway System with a reference to the Strategic
   64         Intermodal System to exempt certain lessees from
   65         payment of commercial rental tax; amending s. 339.175,
   66         F.S.; providing that representatives of the Department
   67         of Transportation shall serve as nonvoting advisers to
   68         a metropolitan planning organization; authorizing the
   69         appointment of additional nonvoting advisers; amending
   70         s. 339.62, F.S.; replacing a reference to the Florida
   71         Intrastate Highway System with a reference to highway
   72         corridors to clarify the components of the Strategic
   73         Intermodal System; amending s. 339.63, F.S.; adding
   74         military access facilities to the types of facilities
   75         included in the Strategic Intermodal System and the
   76         Emerging Strategic Intermodal System; amending s.
   77         339.64, F.S.; deleting provisions creating the
   78         Statewide Intermodal Transportation Advisory Council;
   79         creating s. 339.65, F.S.; requiring the department to
   80         plan and develop for Strategic Intermodal System
   81         highway corridors to aid traffic movement around the
   82         state; requiring the department to follow specified
   83         policy guidelines when developing the corridors;
   84         directing the department to establish standards and
   85         criteria for functional designs of the highway system;
   86         providing for an appropriation for developing the
   87         corridor; requiring strategic highway projects to be a
   88         part of the department’s adopted work program;
   89         amending s. 339.155, F.S.; providing a reference to
   90         federally required transportation planning factors;
   91         clarifying provisions relating to the Florida
   92         Transportation Plan; deleting certain duplicative
   93         performance reporting requirements; amending s.
   94         341.840, F.S.; replacing references to the “Florida
   95         High Speed Rail Authority” with references to the
   96         “Florida Rail Enterprise” for purposes of a tax
   97         exemption; amending ss. 163.3180, 288.063, 311.07,
   98         311.09, 316.2122, 316.515, 336.01, 338.222, 341.8225,
   99         479.07, and 479.261, F.S.; conforming cross-references
  100         to changes made by the act; amending s. 479.01, F.S.;
  101         redefining the terms “commercial or industrial zone”
  102         and “unzoned commercial or industrial area”;
  103         correcting a cross-reference; amending s. 479.02,
  104         F.S.; deleting obsolete provisions; amending s.
  105         310.002, F.S.; redefining the term “port” to include
  106         Port Citrus; amending s. 311.09, F.S.; including a
  107         representative of Port Citrus as a member of the
  108         Florida Seaport Transportation and Economic
  109         Development Council; amending s. 316.075, F.S.;
  110         providing for minimum yellow light change interval
  111         times for traffic control devices; amending s.
  112         316.0083, F.S.; requiring an affirmation of compliance
  113         to accompany a traffic citation which meets specified
  114         requirements; repealing s. 316.2045, F.S., relating to
  115         obstruction of public streets, highways, and roads;
  116         creating s. 316.2046, F.S., relating to obstruction of
  117         public streets, highways, and roads; providing
  118         legislative findings; defining the term “solicit”;
  119         requiring a permit in order to obstruct the use of any
  120         public street, highway, or road when that obstruction
  121         may endanger the safe movement of vehicles or
  122         pedestrians; requiring each county or municipality to
  123         adopt a permitting process that protects public safety
  124         but does not impair the rights of free speech;
  125         providing criteria for the permitting process;
  126         limiting the cost of the permit to the amount required
  127         to administer the permitting process; prohibiting the
  128         denial of a permit due to lack of funds, as attested
  129         to by a signed affidavit; providing for jurisdiction
  130         over non-limited access state roads, and local roads,
  131         streets, and highways for counties and municipalities;
  132         providing exceptions; providing that a violation of
  133         the act is a pedestrian violation, punishable under
  134         ch. 318, F.S.; providing for an additional fine;
  135         providing for the disposition of moneys collected;
  136         providing for enforcement by the Department of Highway
  137         Safety and Motor Vehicles and other law enforcement
  138         agencies; creating s. 316.2047, F.S., relating to
  139         panhandling; providing legislative findings; defining
  140         terms; prohibiting aggressive panhandling, panhandling
  141         under certain circumstances, and fraudulent
  142         panhandling; authorizing counties and municipalities
  143         to increase the restrictions on panhandling under
  144         certain conditions; providing that a violation of the
  145         act is a pedestrian violation, punishable under ch.
  146         318, F.S.; providing for an additional fine; providing
  147         for the disposition of moneys collected; providing for
  148         enforcement by the Department of Highway Safety and
  149         Motor Vehicles and other law enforcement agencies;
  150         amending s. 316.2068, F.S.; authorizing local
  151         governments to prohibit the operation of electric
  152         personal assistive mobility devices on sidewalks;
  153         amending s. 316.302, F.S.; providing that certain
  154         restrictions on the number of consecutive hours that a
  155         commercial motor vehicle may operate do not apply to a
  156         farm labor vehicle operated during a state of
  157         emergency or during an emergency pertaining to
  158         agriculture; amending s. 334.044, F.S.; revising the
  159         types of transportation projects for which landscaping
  160         materials must be purchased; amending s. 337.406,
  161         F.S.; removing the Department of Transportation’s
  162         authority to provide exceptions to the unlawful use of
  163         the right-of-way of any state transportation facility;
  164         broadening provisions to prohibit the unlawful use of
  165         any limited access highway; removing an exception to
  166         prohibited uses provided for art festivals, parades,
  167         fairs, or other special events; removing a local
  168         government’s authority to issue certain permits;
  169         authorizing counties and municipalities to regulate
  170         the use of transportation facilities within their
  171         respective jurisdictions, with the exception of
  172         limited access highways; authorizing the Department of
  173         Transportation to regulate the use of welcome centers
  174         and rest stops; removing provisions authorizing valid
  175         peddler licensees to make sales from vehicles standing
  176         on the rights-of-way of welcome centers and rest
  177         stops; amending s. 337.408, F.S.; revising
  178         requirements for the installation of bus stop benches,
  179         transit shelters, street light poles, waste disposal
  180         receptacles, and modular news racks within the public
  181         rights-of-way; requiring compliance with the Americans
  182         With Disabilities Act; providing responsibilities for
  183         removal of noncompliant installations; amending s.
  184         373.413, F.S.; providing legislative intent regarding
  185         flexibility in the permitting of stormwater management
  186         systems; requiring the cost of stormwater treatment
  187         for a transportation project to be balanced with
  188         benefits to the public; absolving the Department of
  189         Transportation of responsibility for the abatement of
  190         pollutants entering its stormwater facilities from
  191         offsite sources and from updating permits for adjacent
  192         lands impacted by right-of-way acquisition;
  193         authorizing the water management districts and the
  194         department to adopt rules; amending s. 373.4137, F.S.;
  195         revising mitigation requirements for transportation
  196         projects to include other nonspecified mitigation
  197         options; providing for the release of escrowed
  198         mitigation funds under certain circumstances;
  199         providing for the exclusion of projects from a
  200         mitigation plan upon the election of one or more
  201         agencies rather than the agreement of all parties;
  202         amending s. 374.976, F.S.; conforming provisions to
  203         include Port Citrus in provisions relating to the
  204         authority of inland navigation districts; amending s.
  205         403.021, F.S.; conforming provisions to include Port
  206         Citrus in legislative declarations relating to
  207         environmental control; amending s. 403.061, F.S.;
  208         conforming provisions to include Port Citrus in
  209         provisions relating to powers of the Department of
  210         Environmental Protection; amending s. 403.813, F.S.;
  211         conforming provisions to include Port Citrus in
  212         provisions relating to permits issued at Department of
  213         Environmental Protection district centers; amending s.
  214         403.816, F.S.; conforming provisions to include Port
  215         Citrus in provisions relating to certain maintenance
  216         projects at deepwater ports and beach restoration
  217         projects; amending s. 479.106, F.S.; revising
  218         requirements for an application for a permit to
  219         remove, cut, or trim trees or vegetation around a
  220         sign; requiring that the application include a
  221         vegetation management plan, a mitigation contribution
  222         to a trust fund, or a combination of both; providing
  223         certain evaluation criteria; providing criteria for
  224         the use of herbicides; providing a time limit within
  225         which the Department of Transportation must act;
  226         providing that the permit is valid for 5 years;
  227         providing for an extension of the permit; reducing the
  228         number of nonconforming signs that must be removed
  229         before a permit may be issued for certain signs;
  230         providing criteria for view zones; requiring the
  231         department to provide notice to the sign owner of
  232         beautification projects or vegetation planting;
  233         amending s. 479.16, F.S.; exempting signs erected
  234         under the local tourist-oriented commerce signs pilot
  235         program from certain permit requirements; exempting
  236         certain temporary signs for farm operations from
  237         permit requirements; exempting certain signs promoting
  238         sponsors of events at certain professional sport and
  239         entertainment venues from permit requirements;
  240         creating s. 479.263, F.S.; creating the tourist
  241         oriented commerce signs pilot program; exempting
  242         commercial signs that meet certain criteria from
  243         permit requirements; providing for future expiration
  244         of the pilot program; providing definitions;
  245         authorizing governmental units that regulate the
  246         operation of vehicles for public hire to create a
  247         private property right in the license to operate a
  248         vehicle for public hire; providing for the transfer of
  249         such property right; authorizing governmental units
  250         that regulate the operation of vehicles for public
  251         hire to request and receive criminal history record
  252         information for the purpose of screening applicants;
  253         providing applicability; providing legislative
  254         findings and intent relating to high-speed rail;
  255         requiring each entity intending to bid or submit a
  256         proposal to contract with the Florida Rail Enterprise
  257         or a fixed-guideway transportation system for goods or
  258         services related to high-speed or other rail systems
  259         to certify whether the entity had any direct
  260         involvement in the deportation of any individual to an
  261         extermination camp, work camp, concentration camp,
  262         prisoner-of-war camp, or any similar camp by whatever
  263         name located in Europe during the period from January
  264         1, 1942, through December 31, 1944, and if so, whether
  265         the entity has physical possession of records related
  266         to the deportations and has provided restitution to
  267         identifiable victims; authorizing the entity to offer
  268         proof of mitigating circumstances related to acts
  269         committed during the wartime period; requiring that
  270         the Florida Rail Enterprise and other fixed-guideway
  271         transportation system acknowledge receipt of the
  272         information when awarding contracts; providing
  273         definitions; providing an effective date.
  274  
  275         WHEREAS, the state has a significant and substantial
  276  interest in vehicular and pedestrian safety and the free flow of
  277  traffic, and
  278         WHEREAS, studies have shown that Florida is one of the most
  279  dangerous states in the country for pedestrians, and
  280         WHEREAS, while the streets may have been the natural and
  281  proper places for the public dissemination of information prior
  282  to the advent of the automobile, the streets, highways, and
  283  roads of this state are now used primarily for transportation,
  284  and
  285         WHEREAS, obstructing the flow of pedestrian traffic on a
  286  sidewalk can cause pedestrians to enter into the roadway and is
  287  a serious threat to public safety, and
  288         WHEREAS, the current permitting provisions curtail behavior
  289  only on sidewalks and streets, which is a danger to public
  290  safety, and
  291         WHEREAS, the provisions of this act directed toward
  292  ordinary panhandling are designed to promote public safety,
  293  including minimizing panhandling in transit systems or in areas
  294  where panhandling is likely to intimidate persons who are
  295  solicited, and
  296         WHEREAS, aggressive panhandling may obstruct the free flow
  297  of traffic when carried out in or adjacent to a roadway, may
  298  intimidate citizens who may choose to avoid certain public areas
  299  or give money to panhandlers in order to avoid an escalation of
  300  aggressive behavior, and generally threatens public safety and
  301  diminishes the quality of life for residents and tourists alike,
  302  and
  303         WHEREAS, an important public purpose is served when the
  304  public safety is protected in keeping with rights granted by the
  305  First Amendment to the United States Constitution, NOW,
  306  THEREFORE,
  307  
  308  Be It Enacted by the Legislature of the State of Florida:
  309  
  310         Section 1. Paragraph (b) of subsection (3) of section
  311  20.23, Florida Statutes, is amended to read:
  312         20.23 Department of Transportation.—There is created a
  313  Department of Transportation which shall be a decentralized
  314  agency.
  315         (3) There is created the Florida Statewide Passenger Rail
  316  Commission.
  317         (b) The commission shall have the primary and exclusive
  318  functions of:
  319         1. Monitoring the efficiency, productivity, and management
  320  of all publicly funded passenger rail systems in the state,
  321  including, but not limited to, any authority created under
  322  chapter 343, chapter 349, or chapter 163 if the authority
  323  receives public funds for providing the provision of passenger
  324  rail service. The commission shall advise each monitored
  325  authority of its findings and recommendations. The commission
  326  shall also conduct periodic reviews of each monitored
  327  authority’s passenger rail and associated transit operations and
  328  budget, acquisition of property, management of revenue and bond
  329  proceeds, and compliance with applicable laws and generally
  330  accepted accounting principles. The commission may seek the
  331  assistance of the Auditor General in conducting such reviews and
  332  shall report the findings of such reviews to the Legislature.
  333  This paragraph does not preclude the Florida Transportation
  334  Commission from conducting its performance and work program
  335  monitoring responsibilities.
  336         2. Advising the department on policies and strategies used
  337  in planning, designing, building, operating, financing, and
  338  maintaining a coordinated statewide system of passenger rail
  339  services.
  340         3. Evaluating passenger rail policies and providing advice
  341  and recommendations to the Legislature on passenger rail
  342  operations in the state.
  343         Section 2. Paragraph (d) of subsection (1) of section
  344  212.055, Florida Statutes, is amended to read:
  345         212.055 Discretionary sales surtaxes; legislative intent;
  346  authorization and use of proceeds.—It is the legislative intent
  347  that any authorization for imposition of a discretionary sales
  348  surtax shall be published in the Florida Statutes as a
  349  subsection of this section, irrespective of the duration of the
  350  levy. Each enactment shall specify the types of counties
  351  authorized to levy; the rate or rates which may be imposed; the
  352  maximum length of time the surtax may be imposed, if any; the
  353  procedure which must be followed to secure voter approval, if
  354  required; the purpose for which the proceeds may be expended;
  355  and such other requirements as the Legislature may provide.
  356  Taxable transactions and administrative procedures shall be as
  357  provided in s. 212.054.
  358         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  359  SURTAX.—
  360         (d) Proceeds from the surtax shall be applied to as many or
  361  as few of the uses enumerated below in whatever combination the
  362  county commission deems appropriate:
  363         1. Deposited by the county in the trust fund and shall be
  364  used for the purposes of development, construction, equipment,
  365  maintenance, operation, supportive services, including a
  366  countywide bus system, on-demand transportation services, and
  367  related costs of a fixed guideway rapid transit system;
  368         2. Remitted by the governing body of the county to an
  369  expressway, transit, or transportation authority created by law
  370  to be used, at the discretion of such authority, for the
  371  development, construction, operation, or maintenance of roads or
  372  bridges in the county, for the operation and maintenance of a
  373  bus system, for the operation and maintenance of on-demand
  374  transportation services, for the payment of principal and
  375  interest on existing bonds issued for the construction of such
  376  roads or bridges, and, upon approval by the county commission,
  377  such proceeds may be pledged for bonds issued to refinance
  378  existing bonds or new bonds issued for the construction of such
  379  roads or bridges;
  380         3. Used by the county for the development, construction,
  381  operation, and maintenance of roads and bridges in the county;
  382  for the expansion, operation, and maintenance of bus and fixed
  383  guideway systems; for the expansion, operation, and maintenance
  384  of on-demand transportation services; and for the payment of
  385  principal and interest on bonds issued for the construction of
  386  fixed guideway rapid transit systems, bus systems, roads, or
  387  bridges; and such proceeds may be pledged by the governing body
  388  of the county for bonds issued to refinance existing bonds or
  389  new bonds issued for the construction of such fixed guideway
  390  rapid transit systems, bus systems, roads, or bridges and no
  391  more than 25 percent used for nontransit uses; and
  392         4. Used by the county for the planning, development,
  393  construction, operation, and maintenance of roads and bridges in
  394  the county; for the planning, development, expansion, operation,
  395  and maintenance of bus and fixed guideway systems; for the
  396  planning, development, construction, operation, and maintenance
  397  of on-demand transportation services; and for the payment of
  398  principal and interest on bonds issued for the construction of
  399  fixed guideway rapid transit systems, bus systems, roads, or
  400  bridges; and such proceeds may be pledged by the governing body
  401  of the county for bonds issued to refinance existing bonds or
  402  new bonds issued for the construction of such fixed guideway
  403  rapid transit systems, bus systems, roads, or bridges. Pursuant
  404  to an interlocal agreement entered into pursuant to chapter 163,
  405  the governing body of the county may distribute proceeds from
  406  the tax to a municipality, or an expressway or transportation
  407  authority created by law to be expended for the purpose
  408  authorized by this paragraph. Any county that has entered into
  409  interlocal agreements for distribution of proceeds to one or
  410  more municipalities in the county shall revise such interlocal
  411  agreements as necessary for the sole purpose of including no
  412  less than every 5 years in order to include any municipalities
  413  that have been created during the immediately preceding year,
  414  provided that any funds distributed to a new municipality must
  415  come from funds otherwise retained and used by the charter
  416  county, must be on a pro rata basis with the allocation of funds
  417  to the previously existing municipalities, and must not reduce
  418  the percentage allocation to the previously existing
  419  municipalities since the prior interlocal agreements were
  420  executed. Notwithstanding the foregoing, the first revision of
  421  interlocal agreements pursuant to this subparagraph shall
  422  include any municipality that has been created since the surtax
  423  was adopted by the charter county. Any charter county that seeks
  424  to terminate or substantially modify the distribution of funds
  425  to municipalities may do so only pursuant to approval by a
  426  majority vote of the electorate of the county.
  427         Section 3. Subsection (9) is added to section 286.011,
  428  Florida Statutes, to read:
  429         286.011 Public meetings and records; public inspection;
  430  criminal and civil penalties.—
  431         (9) Transportation and expressway authorities created under
  432  chapter 343, chapter 348, or chapter 349 which are subject to
  433  this section may conduct public meetings and workshops by means
  434  of communications media technology, as provided in s. 120.54(5).
  435         Section 4. Subsection (4) of section 316.091, Florida
  436  Statutes, is amended, present subsection (5) of that section is
  437  renumbered as subsection (6), and a new subsection (5) is added
  438  to that section, to read:
  439         316.091 Limited access facilities; interstate highways; use
  440  restricted.—
  441         (4) No person shall operate a bicycle or other human
  442  powered vehicle on the roadway or along the shoulder of a
  443  limited access highway, including bridges, unless official signs
  444  and a designated marked bicycle lane are present at the entrance
  445  of the section of highway indicating that such use is permitted
  446  pursuant to a pilot program of the Department of Transportation
  447  an interstate highway.
  448         (5)The Department of Transportation shall establish a 2
  449  year pilot program, in three separate urban areas, in which it
  450  shall erect signs and designated marked bicycle lanes indicating
  451  highway approaches and bridge segments of limited access
  452  highways as open to use by operators of bicycles and other
  453  human-powered vehicles, under the following conditions:
  454         (a)The limited access highway approaches and bridge
  455  segments chosen must cross a river, lake, bay, inlet, or surface
  456  water where no street or highway crossing the water body is
  457  available for use within 2 miles of entrance to the limited
  458  access facility, as measured along the shortest public right-of
  459  way.
  460         (b)The Department of Transportation, with the concurrence
  461  of the Federal Highway Administration on interstate facilities,
  462  shall establish the three highway approaches and bridge segments
  463  for the pilot project by October 1, 2011. In selecting the
  464  highway approaches and bridge segments, the Department of
  465  Transportation shall consider, without limitation, a minimum
  466  size of population in the urban area within 5 miles of the
  467  highway approach and bridge segment, the lack of bicycle access
  468  by other means, cost, safety, and operational impacts.
  469         (c)The Department of Transportation shall begin the pilot
  470  program by erecting signs and designating marked bicycle lanes
  471  indicating highway approaches and bridge segments of limited
  472  access highway, as qualified by the conditions described in this
  473  subsection, as open to use by operators of bicycles and other
  474  human-powered vehicles no later than January 1, 2012.
  475         (d)The Department of Transportation shall conduct the
  476  pilot program for a minimum of 2 years following the
  477  implementation date. The department may continue to provide
  478  bicycle access on the highway approaches and bridge segments
  479  chosen for the pilot program or initiate bicycle access on other
  480  limited access facilities after the end of the program.
  481         (e) The Department of Transportation shall submit a report
  482  of its findings and recommendations from the pilot program to
  483  the Governor, the President of the Senate, and the Speaker of
  484  the House of Representatives by September 1, 2014. The report
  485  shall include, at a minimum, data of bicycle crashes occurring
  486  in designated segments of the pilot program, usage by operators
  487  of bicycles and other human-powered vehicles, enforcement
  488  issues, operational impacts, and the cost of the pilot program.
  489         Section 5. Section 334.03, Florida Statutes, is amended to
  490  read:
  491         334.03 Definitions.—When used in the Florida Transportation
  492  Code, the term:
  493         (1) “Arterial road” means a route providing service which
  494  is relatively continuous and of relatively high traffic volume,
  495  long average trip length, high operating speed, and high
  496  mobility importance. In addition, every United States numbered
  497  highway is an arterial road.
  498         (1)(2) “Bridge” means a structure, including supports,
  499  erected over a depression or an obstruction, such as water or a
  500  highway or railway, and having a track or passageway for
  501  carrying traffic as defined in chapter 316 or other moving
  502  loads.
  503         (2)(3) “City street system” means all local roads within a
  504  municipality which were under the jurisdiction of the
  505  municipality on June 10, 1995; roads constructed by a
  506  municipality for the municipality’s street system; roads
  507  completely within an area annexed by a municipality, unless
  508  otherwise provided by mutual consent; and roads transferred to
  509  the municipality’s jurisdiction after June 10, 1995, by mutual
  510  consent with another governmental entity, but not including
  511  roads transferred from the municipality’s jurisdiction, and all
  512  collector roads inside that municipality, which are not in the
  513  county road system.
  514         (4) “Collector road” means a route providing service which
  515  is of relatively moderate average traffic volume, moderately
  516  average trip length, and moderately average operating speed.
  517  Such a route also collects and distributes traffic between local
  518  roads or arterial roads and serves as a linkage between land
  519  access and mobility needs.
  520         (3)(5) “Commissioners” means the governing body of a
  521  county.
  522         (4)(6) “Consolidated metropolitan statistical area” means
  523  two or more metropolitan statistical areas that are socially and
  524  economically interrelated as defined by the United States Bureau
  525  of the Census.
  526         (5)(7) “Controlled access facility” means a street or
  527  highway to which the right of access is highly regulated by the
  528  governmental entity having jurisdiction over the facility in
  529  order to maximize the operational efficiency and safety of the
  530  high-volume through traffic utilizing the facility. Owners or
  531  occupants of abutting lands and other persons have a right of
  532  access to or from such facility at such points only and in such
  533  manner as may be determined by the governmental entity.
  534         (6)(8) “County road system” means all roads within a county
  535  which were under the jurisdiction of that county on June 10,
  536  1995; roads constructed by a county for the county’s road
  537  system; and roads transferred to the county’s jurisdiction after
  538  June 10, 1995, by mutual consent with another governmental
  539  entity. The term does not include roads transferred from the
  540  county’s jurisdiction by mutual consent or roads that are
  541  completely within an area annexed by a municipality, except as
  542  otherwise provided by mutual consent collector roads in the
  543  unincorporated areas of a county and all extensions of such
  544  collector roads into and through any incorporated areas, all
  545  local roads in the unincorporated areas, and all urban minor
  546  arterial roads not in the State Highway System.
  547         (7)(9) “Department” means the Department of Transportation.
  548         (10) “Florida Intrastate Highway System” means a system of
  549  limited access and controlled access facilities on the State
  550  Highway System which have the capacity to provide high-speed and
  551  high-volume traffic movements in an efficient and safe manner.
  552         (8)(11) “Functional classification” means the assignment of
  553  roads into systems according to the character of service they
  554  provide in relation to the total road network, using procedures
  555  developed by the Federal Highway Administration. Basic
  556  functional categories include arterial roads, collector roads,
  557  and local roads which may be subdivided into principal, major,
  558  or minor levels. Those levels may be additionally divided into
  559  rural and urban categories.
  560         (9)(12) “Governmental entity” means a unit of government,
  561  or any officially designated public agency or authority of a
  562  unit of government, that has the responsibility for planning,
  563  construction, operation, or maintenance or jurisdiction over
  564  transportation facilities; the term includes the Federal
  565  Government, the state government, a county, an incorporated
  566  municipality, a metropolitan planning organization, an
  567  expressway or transportation authority, a road and bridge
  568  district, a special road and bridge district, and a regional
  569  governmental unit.
  570         (10)(13) “Limited access facility” means a street or
  571  highway especially designed for through traffic, and over, from,
  572  or to which owners or occupants of abutting land or other
  573  persons have no right or easement of access, light, air, or view
  574  by reason of the fact that their property abuts upon such
  575  limited access facility or for any other reason. Such highways
  576  or streets may be facilities from which trucks, buses, and other
  577  commercial vehicles are excluded; or they may be facilities open
  578  to use by all customary forms of street and highway traffic.
  579         (11)(14) “Local governmental entity” means a unit of
  580  government with less than statewide jurisdiction, or any
  581  officially designated public agency or authority of such a unit
  582  of government, that has the responsibility for planning,
  583  construction, operation, or maintenance of, or jurisdiction
  584  over, a transportation facility; the term includes, but is not
  585  limited to, a county, an incorporated municipality, a
  586  metropolitan planning organization, an expressway or
  587  transportation authority, a road and bridge district, a special
  588  road and bridge district, and a regional governmental unit.
  589         (15) “Local road” means a route providing service which is
  590  of relatively low average traffic volume, short average trip
  591  length or minimal through-traffic movements, and high land
  592  access for abutting property.
  593         (12)(16) “Metropolitan area” means a geographic region
  594  comprising as a minimum the existing urbanized area and the
  595  contiguous area projected to become urbanized within a 20-year
  596  forecast period. The boundaries of a metropolitan area may be
  597  designated so as to encompass a metropolitan statistical area or
  598  a consolidated metropolitan statistical area. If a metropolitan
  599  area, or any part thereof, is located within a nonattainment
  600  area, the boundaries of the metropolitan area must be designated
  601  so as to include the boundaries of the entire nonattainment
  602  area, unless otherwise provided by agreement between the
  603  applicable metropolitan planning organization and the Governor.
  604         (13)(17) “Metropolitan statistical area” means an area that
  605  includes a municipality of 50,000 persons or more, or an
  606  urbanized area of at least 50,000 persons as defined by the
  607  United States Bureau of the Census, provided that the component
  608  county or counties have a total population of at least 100,000.
  609         (14)(18) “Nonattainment area” means an area designated by
  610  the United States Environmental Protection Agency, pursuant to
  611  federal law, as exceeding national primary or secondary ambient
  612  air quality standards for the pollutants carbon monoxide or
  613  ozone.
  614         (15)(19) “Periodic maintenance” means activities that are
  615  large in scope and require a major work effort to restore
  616  deteriorated components of the transportation system to a safe
  617  and serviceable condition, including, but not limited to, the
  618  repair of large bridge structures, major repairs to bridges and
  619  bridge systems, and the mineral sealing of lengthy sections of
  620  roadway.
  621         (16)(20) “Person” means any person described in s. 1.01 or
  622  any unit of government in or outside the state.
  623         (17)(21) “Right of access” means the right of ingress to a
  624  highway from abutting land and egress from a highway to abutting
  625  land.
  626         (18)(22) “Right-of-way” means land in which the state, the
  627  department, a county, or a municipality owns the fee or has an
  628  easement devoted to or required for use as a transportation
  629  facility.
  630         (19)(23) “Road” means a way open to travel by the public,
  631  including, but not limited to, a street, highway, or alley. The
  632  term includes associated sidewalks, the roadbed, the right-of
  633  way, and all culverts, drains, sluices, ditches, water storage
  634  areas, waterways, embankments, slopes, retaining walls, bridges,
  635  tunnels, and viaducts necessary for the maintenance of travel
  636  and all ferries used in connection therewith.
  637         (20)(24) “Routine maintenance” means minor repairs and
  638  associated tasks necessary to maintain a safe and efficient
  639  transportation system. The term includes: pavement patching;
  640  shoulder repair; cleaning and repair of drainage ditches,
  641  traffic signs, and structures; mowing; bridge inspection and
  642  maintenance; pavement striping; litter cleanup; and other
  643  similar activities.
  644         (21)(25) “State Highway System” means the following, which
  645  shall be facilities to which access is regulated:
  646         (a) the interstate system and all other roads within the
  647  state which were under the jurisdiction of the state on June 10,
  648  1995, and roads constructed by an agency of the state for the
  649  State Highway System, plus roads transferred to the state’s
  650  jurisdiction after that date by mutual consent with another
  651  governmental entity, but not including roads so transferred from
  652  the state’s jurisdiction. These facilities shall be facilities
  653  to which access is regulated.;
  654         (b) All rural arterial routes and their extensions into and
  655  through urban areas;
  656         (c) All urban principal arterial routes; and
  657         (d) The urban minor arterial mileage on the existing State
  658  Highway System as of July 1, 1987, plus additional mileage to
  659  comply with the 2-percent requirement as described below.
  660  
  661  However, not less than 2 percent of the public road mileage of
  662  each urbanized area on record as of June 30, 1986, shall be
  663  included as minor arterials in the State Highway System.
  664  Urbanized areas not meeting the foregoing minimum requirement
  665  shall have transferred to the State Highway System additional
  666  minor arterials of the highest significance in which case the
  667  total minor arterials in the State Highway System from any
  668  urbanized area shall not exceed 2.5 percent of that area’s total
  669  public urban road mileage.
  670         (22)(26) “State Park Road System” means roads embraced
  671  within the boundaries of state parks and state roads leading to
  672  state parks, other than roads of the State Highway System, the
  673  county road systems, or the city street systems.
  674         (23)(27) “State road” means a street, road, highway, or
  675  other way open to travel by the public generally and dedicated
  676  to the public use according to law or by prescription and
  677  designated by the department, as provided by law, as part of the
  678  State Highway System.
  679         (24)(28) “Structure” means a bridge, viaduct, tunnel,
  680  causeway, approach, ferry slip, culvert, toll plaza, gate, or
  681  other similar facility used in connection with a transportation
  682  facility.
  683         (25)(29) “Sufficiency rating” means the objective rating of
  684  a road or section of a road for the purpose of determining its
  685  capability to serve properly the actual or anticipated volume of
  686  traffic using the road.
  687         (26)(30) “Transportation corridor” means any land area
  688  designated by the state, a county, or a municipality which is
  689  between two geographic points and which area is used or suitable
  690  for the movement of people and goods by one or more modes of
  691  transportation, including areas necessary for management of
  692  access and securing applicable approvals and permits.
  693  Transportation corridors shall contain, but are not limited to,
  694  the following:
  695         (a) Existing publicly owned rights-of-way;
  696         (b) All property or property interests necessary for future
  697  transportation facilities, including rights of access, air,
  698  view, and light, whether public or private, for the purpose of
  699  securing and utilizing future transportation rights-of-way,
  700  including, but not limited to, any lands reasonably necessary
  701  now or in the future for securing applicable approvals and
  702  permits, borrow pits, drainage ditches, water retention areas,
  703  rest areas, replacement access for landowners whose access could
  704  be impaired due to the construction of a future facility, and
  705  replacement rights-of-way for relocation of rail and utility
  706  facilities.
  707         (27)(31) “Transportation facility” means any means for the
  708  transportation of people or property from place to place which
  709  is constructed, operated, or maintained in whole or in part from
  710  public funds. The term includes the property or property rights,
  711  both real and personal, which have been or may be established by
  712  public bodies for the transportation of people or property from
  713  place to place.
  714         (28)(32) “Urban area” means a geographic region comprising
  715  as a minimum the area inside the United States Bureau of the
  716  Census boundary of an urban place with a population of 5,000 or
  717  more persons, expanded to include adjacent developed areas as
  718  provided for by Federal Highway Administration regulations.
  719         (33) “Urban minor arterial road” means a route that
  720  generally interconnects with and augments an urban principal
  721  arterial road and provides service to trips of shorter length
  722  and a lower level of travel mobility. The term includes all
  723  arterials not classified as “principal” and contain facilities
  724  that place more emphasis on land access than the higher system.
  725         (29)(34) “Urban place” means a geographic region composed
  726  of one or more contiguous census tracts that have been found by
  727  the United States Bureau of the Census to contain a population
  728  density of at least 1,000 persons per square mile.
  729         (35) “Urban principal arterial road” means a route that
  730  generally serves the major centers of activity of an urban area,
  731  the highest traffic volume corridors, and the longest trip
  732  purpose and carries a high proportion of the total urban area
  733  travel on a minimum of mileage. Such roads are integrated, both
  734  internally and between major rural connections.
  735         (30)(36) “Urbanized area” means a geographic region
  736  comprising as a minimum the area inside an urban place of 50,000
  737  or more persons, as designated by the United States Bureau of
  738  the Census, expanded to include adjacent developed areas as
  739  provided for by Federal Highway Administration regulations.
  740  Urban areas with a population of fewer than 50,000 persons which
  741  are located within the expanded boundary of an urbanized area
  742  are not separately recognized.
  743         (31)(37) “511” or “511 services” means three-digit
  744  telecommunications dialing to access interactive voice response
  745  telephone traveler information services provided in the state as
  746  defined by the Federal Communications Commission in FCC Order
  747  No. 00-256, July 31, 2000.
  748         (32)(38) “Interactive voice response” means a software
  749  application that accepts a combination of voice telephone input
  750  and touch-tone keypad selection and provides appropriate
  751  responses in the form of voice, fax, callback, e-mail, and other
  752  media.
  753         (33) “Launch support facilities” mean facilities that are
  754  located at launch sites or launch ranges that are required to
  755  support launch activities, including launch vehicle assembly,
  756  launch vehicle operations and control, communications, flight
  757  safety functions, and payload operations, control, and
  758  processing, as defined in 15 U.S.C. chapter 84, s. 5802, the
  759  Commercial Space Competitiveness Act.
  760         Section 6. Subsections (11) and (13) of section 334.044,
  761  Florida Statutes, are amended to read:
  762         334.044 Department; powers and duties.—The department shall
  763  have the following general powers and duties:
  764         (11) To establish a numbering system for public roads and,
  765  to functionally classify such roads, and to assign
  766  jurisdictional responsibility.
  767         (13) To designate existing and to plan proposed
  768  transportation facilities as part of the State Highway System,
  769  and to construct, maintain, and operate such facilities.
  770         Section 7. Section 334.047, Florida Statutes, is amended to
  771  read:
  772         334.047 Prohibition.—Notwithstanding any other provision of
  773  law to the contrary, the Department of Transportation may not
  774  establish a cap on the number of miles in the State Highway
  775  System or a maximum number of miles of urban principal arterial
  776  roads, as defined in s. 334.03, within a district or county.
  777         Section 8. Subsection (5) of section 336.021, Florida
  778  Statutes, is amended to read:
  779         336.021 County transportation system; levy of ninth-cent
  780  fuel tax on motor fuel and diesel fuel.—
  781         (5) All impositions of the tax shall be levied before
  782  October July 1 of each year to be effective January 1 of the
  783  following year. However, levies of the tax which were in effect
  784  on July 1, 2002, and which expire on August 31 of any year may
  785  be reimposed at the current authorized rate to be effective
  786  September 1 of the year of expiration. All impositions shall be
  787  required to end on December 31 of a year. A decision to rescind
  788  the tax shall not take effect on any date other than December 31
  789  and shall require a minimum of 60 days’ notice to the department
  790  of such decision.
  791         Section 9. Paragraphs (a) and (b) of subsection (1) and
  792  subsection (7) of section 336.025, Florida Statutes, are amended
  793  to read:
  794         336.025 County transportation system; levy of local option
  795  fuel tax on motor fuel and diesel fuel.—
  796         (1)(a) In addition to other taxes allowed by law, there may
  797  be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
  798  cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
  799  fuel tax upon every gallon of motor fuel and diesel fuel sold in
  800  a county and taxed under the provisions of part I or part II of
  801  chapter 206.
  802         1. All impositions and rate changes of the tax shall be
  803  levied before October July 1 to be effective January 1 of the
  804  following year for a period not to exceed 30 years, and the
  805  applicable method of distribution shall be established pursuant
  806  to subsection (3) or subsection (4). However, levies of the tax
  807  which were in effect on July 1, 2002, and which expire on August
  808  31 of any year may be reimposed at the current authorized rate
  809  effective September 1 of the year of expiration. Upon
  810  expiration, the tax may be relevied provided that a
  811  redetermination of the method of distribution is made as
  812  provided in this section.
  813         2. County and municipal governments shall utilize moneys
  814  received pursuant to this paragraph only for transportation
  815  expenditures.
  816         3. Any tax levied pursuant to this paragraph may be
  817  extended on a majority vote of the governing body of the county.
  818  A redetermination of the method of distribution shall be
  819  established pursuant to subsection (3) or subsection (4), if,
  820  after July 1, 1986, the tax is extended or the tax rate changed,
  821  for the period of extension or for the additional tax.
  822         (b) In addition to other taxes allowed by law, there may be
  823  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  824  4-cent, or 5-cent local option fuel tax upon every gallon of
  825  motor fuel sold in a county and taxed under the provisions of
  826  part I of chapter 206. The tax shall be levied by an ordinance
  827  adopted by a majority plus one vote of the membership of the
  828  governing body of the county or by referendum.
  829         1. All impositions and rate changes of the tax shall be
  830  levied before October July 1, to be effective January 1 of the
  831  following year. However, levies of the tax which were in effect
  832  on July 1, 2002, and which expire on August 31 of any year may
  833  be reimposed at the current authorized rate effective September
  834  1 of the year of expiration.
  835         2. The county may, prior to levy of the tax, establish by
  836  interlocal agreement with one or more municipalities located
  837  therein, representing a majority of the population of the
  838  incorporated area within the county, a distribution formula for
  839  dividing the entire proceeds of the tax among county government
  840  and all eligible municipalities within the county. If no
  841  interlocal agreement is adopted before the effective date of the
  842  tax, tax revenues shall be distributed pursuant to the
  843  provisions of subsection (4). If no interlocal agreement exists,
  844  a new interlocal agreement may be established prior to June 1 of
  845  any year pursuant to this subparagraph. However, any interlocal
  846  agreement agreed to under this subparagraph after the initial
  847  levy of the tax or change in the tax rate authorized in this
  848  section shall under no circumstances materially or adversely
  849  affect the rights of holders of outstanding bonds which are
  850  backed by taxes authorized by this paragraph, and the amounts
  851  distributed to the county government and each municipality shall
  852  not be reduced below the amount necessary for the payment of
  853  principal and interest and reserves for principal and interest
  854  as required under the covenants of any bond resolution
  855  outstanding on the date of establishment of the new interlocal
  856  agreement.
  857         3. County and municipal governments shall use moneys
  858  received pursuant to this paragraph for transportation
  859  expenditures needed to meet the requirements of the capital
  860  improvements element of an adopted comprehensive plan or for
  861  expenditures needed to meet immediate local transportation
  862  problems and for other transportation-related expenditures that
  863  are critical for building comprehensive roadway networks by
  864  local governments. For purposes of this paragraph, expenditures
  865  for the construction of new roads, the reconstruction or
  866  resurfacing of existing paved roads, or the paving of existing
  867  graded roads shall be deemed to increase capacity and such
  868  projects shall be included in the capital improvements element
  869  of an adopted comprehensive plan. Expenditures for purposes of
  870  this paragraph shall not include routine maintenance of roads.
  871         (7) For the purposes of this section, “transportation
  872  expenditures” means expenditures by the local government from
  873  local or state shared revenue sources, excluding expenditures of
  874  bond proceeds, for the following programs:
  875         (a) Public transportation operations and maintenance.
  876         (b) Roadway and right-of-way maintenance and equipment and
  877  structures used primarily for the storage and maintenance of
  878  such equipment.
  879         (c) Roadway and right-of-way drainage.
  880         (d) Street lighting installation, operation, maintenance,
  881  and repair.
  882         (e) Traffic signs, traffic engineering, signalization, and
  883  pavement markings, installation, operation, maintenance, and
  884  repair.
  885         (f) Bridge maintenance and operation.
  886         (g) Debt service and current expenditures for
  887  transportation capital projects in the foregoing program areas,
  888  including construction or reconstruction of roads and sidewalks.
  889         Section 10. Subsection (4) of section 337.111, Florida
  890  Statutes, is amended to read:
  891         337.111 Contracting for monuments and memorials to military
  892  veterans at rest areas.—The Department of Transportation is
  893  authorized to enter into contract with any not-for-profit group
  894  or organization that has been operating for not less than 2
  895  years for the installation of monuments and memorials honoring
  896  Florida’s military veterans at highway rest areas around the
  897  state pursuant to the provisions of this section.
  898         (4) The group or organization making the proposal shall
  899  provide a 10-year bond, an annual renewable bond, an irrevocable
  900  letter of credit, or other form of security as approved by the
  901  department’s comptroller, for the purpose of securing the cost
  902  of removal of the monument and any modifications made to the
  903  site as part of the placement of the monument should the
  904  Department of Transportation determine it necessary to remove or
  905  relocate the monument. Such removal or relocation shall be
  906  approved by the committee described in subsection (1). Prior to
  907  expiration, the bond shall be renewed for another 10-year period
  908  if the memorial is to remain in place.
  909         Section 11. Section 337.403, Florida Statutes, is amended
  910  to read:
  911         337.403 Relocation of utility; expenses.—
  912         (1) When a Any utility heretofore or hereafter placed upon,
  913  under, over, or along any public road or publicly owned rail
  914  corridor that is found by the authority to be unreasonably
  915  interfering in any way with the convenient, safe, or continuous
  916  use, or the maintenance, improvement, extension, or expansion,
  917  of such public road or publicly owned rail corridor, the utility
  918  owner shall, upon 30 days’ written notice to the utility or its
  919  agent by the authority, initiate the work necessary to alleviate
  920  the interference be removed or relocated by such utility at its
  921  own expense except as provided in paragraphs (a)-(f). The work
  922  shall be completed within such time as stated in the notice or
  923  such time as is agreed to by the authority and the utility
  924  owner.
  925         (a) If the relocation of utility facilities, as referred to
  926  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  927  627 of the 84th Congress, is necessitated by the construction of
  928  a project on the federal-aid interstate system, including
  929  extensions thereof within urban areas, and the cost of the
  930  project is eligible and approved for reimbursement by the
  931  Federal Government to the extent of 90 percent or more under the
  932  Federal Aid Highway Act, or any amendment thereof, then in that
  933  event the utility owning or operating such facilities shall
  934  perform any necessary work relocate the facilities upon notice
  935  from order of the department, and the state shall pay the entire
  936  expense properly attributable to such work relocation after
  937  deducting therefrom any increase in the value of any the new
  938  facility and any salvage value derived from any the old
  939  facility.
  940         (b) When a joint agreement between the department and the
  941  utility is executed for utility improvement, relocation, or
  942  removal work to be accomplished as part of a contract for
  943  construction of a transportation facility, the department may
  944  participate in those utility work improvement, relocation, or
  945  removal costs that exceed the department’s official estimate of
  946  the cost of the work by more than 10 percent. The amount of such
  947  participation shall be limited to the difference between the
  948  official estimate of all the work in the joint agreement plus 10
  949  percent and the amount awarded for this work in the construction
  950  contract for such work. The department may not participate in
  951  any utility work improvement, relocation, or removal costs that
  952  occur as a result of changes or additions during the course of
  953  the contract.
  954         (c) When an agreement between the department and utility is
  955  executed for utility improvement, relocation, or removal work to
  956  be accomplished in advance of a contract for construction of a
  957  transportation facility, the department may participate in the
  958  cost of clearing and grubbing necessary to perform such work.
  959         (d) If the utility facility involved being removed or
  960  relocated was initially installed to exclusively serve the
  961  department, its tenants, or both, the department shall bear the
  962  costs of the utility work removing or relocating that utility
  963  facility. However, the department is not responsible for bearing
  964  the cost of utility work related to removing or relocating any
  965  subsequent additions to that facility for the purpose of serving
  966  others.
  967         (e) If, under an agreement between a utility and the
  968  authority entered into after July 1, 2009, the utility conveys,
  969  subordinates, or relinquishes a compensable property right to
  970  the authority for the purpose of accommodating the acquisition
  971  or use of the right-of-way by the authority, without the
  972  agreement expressly addressing future responsibility for the
  973  cost of necessary utility work removing or relocating the
  974  utility, the authority shall bear the cost of removal or
  975  relocation. This paragraph does not impair or restrict, and may
  976  not be used to interpret, the terms of any such agreement
  977  entered into before July 1, 2009.
  978         (f) If the utility is an electric facility being relocated
  979  underground in order to enhance vehicular, bicycle, and
  980  pedestrian safety and in which ownership of the electric
  981  facility to be placed underground has been transferred from a
  982  private to a public utility within the past 5 years, the
  983  department shall incur all costs of the necessary utility work
  984  relocation.
  985         (2) If such utility work removal or relocation is
  986  incidental to work to be done on such road or publicly owned
  987  rail corridor, the notice shall be given at the same time the
  988  contract for the work is advertised for bids, or no less than 30
  989  days prior to the commencement of such work by the authority
  990  whichever is greater.
  991         (3) Whenever the notice from an order of the authority
  992  requires such utility work removal or change in the location of
  993  any utility from the right-of-way of a public road or publicly
  994  owned rail corridor, and the owner thereof fails to perform the
  995  work remove or change the same at his or her own expense to
  996  conform to the order within the time stated in the notice or
  997  such other time as agreed to by the authority and the utility
  998  owner, the authority shall proceed to cause the utility work to
  999  be performed to be removed. The expense thereby incurred shall
 1000  be paid out of any money available therefor, and such expense
 1001  shall, except as provided in subsection (1), be charged against
 1002  the owner and levied and collected and paid into the fund from
 1003  which the expense of such relocation was paid.
 1004         Section 12. Subsection (1) of section 337.404, Florida
 1005  Statutes, is amended to read:
 1006         337.404 Removal or relocation of utility facilities; notice
 1007  and order; court review.—
 1008         (1) Whenever it shall become necessary for the authority to
 1009  perform utility work remove or relocate any utility as provided
 1010  in the preceding section, the owner of the utility, or the
 1011  owner’s chief agent, shall be given notice that the authority
 1012  will perform of such work removal or relocation and, after the
 1013  work is complete, shall be given an order requiring the payment
 1014  of the cost thereof, and a shall be given reasonable time, which
 1015  shall not be less than 20 nor more than 30 days, in which to
 1016  appear before the authority to contest the reasonableness of the
 1017  order. Should the owner or the owner’s representative not
 1018  appear, the determination of the cost to the owner shall be
 1019  final. Authorities considered agencies for the purposes of
 1020  chapter 120 shall adjudicate removal or relocation of utilities
 1021  pursuant to chapter 120.
 1022         Section 13. Section 338.001, Florida Statutes, is repealed.
 1023         Section 14. Present subsections (1) through (6) of section
 1024  338.01, Florida Statutes, are renumbered as subsections (2)
 1025  through (7), respectively, and a new subsection (1) is added to
 1026  that section, to read:
 1027         338.01 Authority to establish and regulate limited access
 1028  facilities.—
 1029         (1) The department is authorized to establish limited
 1030  access facilities as provided in s. 335.02. The primary function
 1031  of these limited access facilities is to allow high-speed and
 1032  high-volume traffic movements within the state. Access to
 1033  abutting land is subordinate to this function, and such access
 1034  must be prohibited or highly regulated.
 1035         Section 15. Subsection (4) of section 338.227, Florida
 1036  Statutes, is amended to read:
 1037         338.227 Turnpike revenue bonds.—
 1038         (4) The Department of Transportation and the Department of
 1039  Management Services shall create and implement an outreach
 1040  program designed to enhance the participation of minority
 1041  persons and minority business enterprises in all contracts
 1042  entered into by their respective departments for services
 1043  related to the financing of department projects for the
 1044  Strategic Intermodal System Plan developed pursuant to s. 339.64
 1045  Florida Intrastate Highway System Plan. These services shall
 1046  include, but not be limited to, bond counsel and bond
 1047  underwriters.
 1048         Section 16. Subsection (2) of section 338.2275, Florida
 1049  Statutes, is amended to read:
 1050         338.2275 Approved turnpike projects.—
 1051         (2) The department is authorized to use turnpike revenues,
 1052  the State Transportation Trust Fund moneys allocated for
 1053  turnpike projects pursuant to s. 339.65 s. 338.001, federal
 1054  funds, and bond proceeds, and shall use the most cost-efficient
 1055  combination of such funds, in developing a financial plan for
 1056  funding turnpike projects. The department must submit a report
 1057  of the estimated cost for each ongoing turnpike project and for
 1058  each planned project to the Legislature 14 days before the
 1059  convening of the regular legislative session. Verification of
 1060  economic feasibility and statements of environmental feasibility
 1061  for individual turnpike projects must be based on the entire
 1062  project as approved. Statements of environmental feasibility are
 1063  not required for those projects listed in s. 12, chapter 90-136,
 1064  Laws of Florida, for which the Project Development and
 1065  Environmental Reports were completed by July 1, 1990. All
 1066  required environmental permits must be obtained before the
 1067  department may advertise for bids for contracts for the
 1068  construction of any turnpike project.
 1069         Section 17. Section 338.228, Florida Statutes, is amended
 1070  to read:
 1071         338.228 Bonds not debts or pledges of credit of state.
 1072  Turnpike revenue bonds issued under the provisions of ss.
 1073  338.22-338.241 are not debts of the state or pledges of the
 1074  faith and credit of the state. Such bonds are payable
 1075  exclusively from revenues pledged for their payment. All such
 1076  bonds shall contain a statement on their face that the state is
 1077  not obligated to pay the same or the interest thereon, except
 1078  from the revenues pledged for their payment, and that the faith
 1079  and credit of the state is not pledged to the payment of the
 1080  principal or interest of such bonds. The issuance of turnpike
 1081  revenue bonds under the provisions of ss. 338.22-338.241 does
 1082  not directly, indirectly, or contingently obligate the state to
 1083  levy or to pledge any form of taxation whatsoever, or to make
 1084  any appropriation for their payment. Except as provided in ss.
 1085  338.001, 338.223, and 338.2275, and 339.65, no state funds may
 1086  not shall be used on any turnpike project or to pay the
 1087  principal or interest of any bonds issued to finance or
 1088  refinance any portion of the turnpike system, and all such bonds
 1089  shall contain a statement on their face to this effect.
 1090         Section 18. Subsection (2) of section 338.234, Florida
 1091  Statutes, is amended to read:
 1092         338.234 Granting concessions or selling along the turnpike
 1093  system; immunity from taxation.—
 1094         (2) The effectuation of the authorized purposes of the
 1095  Strategic Intermodal System, created under ss. 339.61-339.65,
 1096  Florida Intrastate Highway System and Florida Turnpike
 1097  Enterprise, created under this chapter, is for the benefit of
 1098  the people of the state, for the increase of their commerce and
 1099  prosperity, and for the improvement of their health and living
 1100  conditions; and, because the system and enterprise perform
 1101  essential government functions in effectuating such purposes,
 1102  neither the turnpike enterprise nor any nongovernment lessee or
 1103  licensee renting, leasing, or licensing real property from the
 1104  turnpike enterprise, pursuant to an agreement authorized by this
 1105  section, are required to pay any commercial rental tax imposed
 1106  under s. 212.031 on any capital improvements constructed,
 1107  improved, acquired, installed, or used for such purposes.
 1108         Section 19. Paragraph (a) of subsection (4) of section
 1109  339.175, Florida Statutes, is amended to read:
 1110         339.175 Metropolitan planning organization.—
 1111         (4) APPORTIONMENT.—
 1112         (a) The Governor shall, with the agreement of the affected
 1113  units of general-purpose local government as required by federal
 1114  rules and regulations, apportion the membership on the
 1115  applicable M.P.O. among the various governmental entities within
 1116  the area. At the request of a majority of the affected units of
 1117  general-purpose local government comprising an M.P.O., the
 1118  Governor and a majority of units of general-purpose local
 1119  government serving on an M.P.O. shall cooperatively agree upon
 1120  and prescribe who may serve as an alternate member and a method
 1121  for appointing alternate members who may vote at any M.P.O.
 1122  meeting that an alternate member attends in place of a regular
 1123  member. The method shall be set forth as a part of the
 1124  interlocal agreement describing the M.P.O.’s membership or in
 1125  the M.P.O.’s operating procedures and bylaws. The governmental
 1126  entity so designated shall appoint the appropriate number of
 1127  members to the M.P.O. from eligible officials. Representatives
 1128  of the department shall serve as nonvoting advisers to members
 1129  of the M.P.O. governing board. Additional nonvoting advisers may
 1130  be appointed by the M.P.O. as deemed necessary; however, to the
 1131  maximum extent feasible, each M.P.O. shall seek to appoint
 1132  nonvoting representatives of various multimodal forms of
 1133  transportation not otherwise represented by voting members of
 1134  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 1135  representing major military installations located within the
 1136  jurisdictional boundaries of the M.P.O. upon the request of the
 1137  aforesaid major military installations and subject to the
 1138  agreement of the M.P.O. All nonvoting advisers may attend and
 1139  participate fully in governing board meetings but shall not have
 1140  a vote and shall not be members of the governing board. The
 1141  Governor shall review the composition of the M.P.O. membership
 1142  in conjunction with the decennial census as prepared by the
 1143  United States Department of Commerce, Bureau of the Census, and
 1144  reapportion it as necessary to comply with subsection (3).
 1145         Section 20. Section 339.62, Florida Statutes, is amended to
 1146  read:
 1147         339.62 System components.—The Strategic Intermodal System
 1148  shall consist of appropriate components of:
 1149         (1) Highway corridors The Florida Intrastate Highway System
 1150  established under s. 339.65 s. 338.001.
 1151         (2) The National Highway System.
 1152         (3) Airport, seaport, and spaceport facilities.
 1153         (4) Rail lines and rail facilities.
 1154         (5) Selected intermodal facilities; passenger and freight
 1155  terminals; and appropriate components of the State Highway
 1156  System, county road system, city street system, inland
 1157  waterways, and local public transit systems that serve as
 1158  existing or planned connectors between the components listed in
 1159  subsections (1)-(4).
 1160         (6) Other existing or planned corridors that serve a
 1161  statewide or interregional purpose.
 1162         Section 21. Subsection (2) of section 339.63, Florida
 1163  Statutes, is amended to read:
 1164         339.63 System facilities designated; additions and
 1165  deletions.—
 1166         (2) The Strategic Intermodal System and the Emerging
 1167  Strategic Intermodal System include four three different types
 1168  of facilities that each form one component of an interconnected
 1169  transportation system which types include:
 1170         (a) Existing or planned hubs that are ports and terminals
 1171  including airports, seaports, spaceports, passenger terminals,
 1172  and rail terminals serving to move goods or people between
 1173  Florida regions or between Florida and other markets in the
 1174  United States and the rest of the world;
 1175         (b) Existing or planned corridors that are highways, rail
 1176  lines, waterways, and other exclusive-use facilities connecting
 1177  major markets within Florida or between Florida and other states
 1178  or nations; and
 1179         (c) Existing or planned intermodal connectors that are
 1180  highways, rail lines, waterways or local public transit systems
 1181  serving as connectors between the components listed in
 1182  paragraphs (a) and (b); and
 1183         (d) Existing or planned military access facilities that are
 1184  highways or rail lines linking Strategic Intermodal System
 1185  corridors to the state’s strategic military installations.
 1186         Section 22. Section 339.64, Florida Statutes, is amended to
 1187  read:
 1188         339.64 Strategic Intermodal System Plan.—
 1189         (1) The department shall develop, in cooperation with
 1190  metropolitan planning organizations, regional planning councils,
 1191  local governments, the Statewide Intermodal Transportation
 1192  Advisory Council and other transportation providers, a Strategic
 1193  Intermodal System Plan. The plan shall be consistent with the
 1194  Florida Transportation Plan developed pursuant to s. 339.155 and
 1195  shall be updated at least once every 5 years, subsequent to
 1196  updates of the Florida Transportation Plan.
 1197         (2) In association with the continued development of the
 1198  Strategic Intermodal System Plan, the Florida Transportation
 1199  Commission, as part of its work program review process, shall
 1200  conduct an annual assessment of the progress that the department
 1201  and its transportation partners have made in realizing the goals
 1202  of economic development, improved mobility, and increased
 1203  intermodal connectivity of the Strategic Intermodal System. The
 1204  Florida Transportation Commission shall coordinate with the
 1205  department, the Statewide Intermodal Transportation Advisory
 1206  Council, and other appropriate entities when developing this
 1207  assessment. The Florida Transportation Commission shall deliver
 1208  a report to the Governor and Legislature no later than 14 days
 1209  after the regular session begins, with recommendations as
 1210  necessary to fully implement the Strategic Intermodal System.
 1211         (3)(a) During the development of updates to the Strategic
 1212  Intermodal System Plan, the department shall provide
 1213  metropolitan planning organizations, regional planning councils,
 1214  local governments, transportation providers, affected public
 1215  agencies, and citizens with an opportunity to participate in and
 1216  comment on the development of the update.
 1217         (b) The department also shall coordinate with federal,
 1218  regional, and local partners the planning for the Strategic
 1219  Highway Network and the Strategic Rail Corridor Network
 1220  transportation facilities that either are included in the
 1221  Strategic Intermodal System or that provide a direct connection
 1222  between military installations and the Strategic Intermodal
 1223  System. In addition, the department shall coordinate with
 1224  regional and local partners to determine whether the road and
 1225  other transportation infrastructure that connect military
 1226  installations to the Strategic Intermodal System, the Strategic
 1227  Highway Network, or the Strategic Rail Corridor is regionally
 1228  significant and should be included in the Strategic Intermodal
 1229  System Plan.
 1230         (4) The Strategic Intermodal System Plan shall include the
 1231  following:
 1232         (a) A needs assessment.
 1233         (b) A project prioritization process.
 1234         (c) A map of facilities designated as Strategic Intermodal
 1235  System facilities; facilities that are emerging in importance
 1236  and that are likely to become part of the system in the future;
 1237  and planned facilities that will meet the established criteria.
 1238         (d) A finance plan based on reasonable projections of
 1239  anticipated revenues, including both 10-year and at least 20
 1240  year cost-feasible components.
 1241         (e) An assessment of the impacts of proposed improvements
 1242  to Strategic Intermodal System corridors on military
 1243  installations that are either located directly on the Strategic
 1244  Intermodal System or located on the Strategic Highway Network or
 1245  Strategic Rail Corridor Network.
 1246         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
 1247         (a) The Statewide Intermodal Transportation Advisory
 1248  Council is created to advise and make recommendations to the
 1249  Legislature and the department on policies, planning, and
 1250  funding of intermodal transportation projects. The council’s
 1251  responsibilities shall include:
 1252         1. Advising the department on the policies, planning, and
 1253  implementation of strategies related to intermodal
 1254  transportation.
 1255         2. Providing advice and recommendations to the Legislature
 1256  on funding for projects to move goods and people in the most
 1257  efficient and effective manner for the State of Florida.
 1258         (b) MEMBERSHIP.—Members of the Statewide Intermodal
 1259  Transportation Advisory Council shall consist of the following:
 1260         1. Six intermodal industry representatives selected by the
 1261  Governor as follows:
 1262         a. One representative from an airport involved in the
 1263  movement of freight and people from their airport facility to
 1264  another transportation mode.
 1265         b. One individual representing a fixed-route, local
 1266  government transit system.
 1267         c. One representative from an intercity bus company
 1268  providing regularly scheduled bus travel as determined by
 1269  federal regulations.
 1270         d. One representative from a spaceport.
 1271         e. One representative from intermodal trucking companies.
 1272         f. One representative having command responsibilities of a
 1273  major military installation.
 1274         2. Three intermodal industry representatives selected by
 1275  the President of the Senate as follows:
 1276         a. One representative from major-line railroads.
 1277         b. One representative from seaports listed in s. 311.09(1)
 1278  from the Atlantic Coast.
 1279         c. One representative from an airport involved in the
 1280  movement of freight and people from their airport facility to
 1281  another transportation mode.
 1282         3. Three intermodal industry representatives selected by
 1283  the Speaker of the House of Representatives as follows:
 1284         a. One representative from short-line railroads.
 1285         b. One representative from seaports listed in s. 311.09(1)
 1286  from the Gulf Coast.
 1287         c. One representative from intermodal trucking companies.
 1288  In no event may this representative be employed by the same
 1289  company that employs the intermodal trucking company
 1290  representative selected by the Governor.
 1291         (c) Initial appointments to the council must be made no
 1292  later than 30 days after the effective date of this section.
 1293         1. The initial appointments made by the President of the
 1294  Senate and the Speaker of the House of Representatives shall
 1295  serve terms concurrent with those of the respective appointing
 1296  officer. Beginning January 15, 2005, and for all subsequent
 1297  appointments, council members appointed by the President of the
 1298  Senate and the Speaker of the House of Representatives shall
 1299  serve 2-year terms, concurrent with the term of the respective
 1300  appointing officer.
 1301         2. The initial appointees, and all subsequent appointees,
 1302  made by the Governor shall serve 2-year terms.
 1303         3. Vacancies on the council shall be filled in the same
 1304  manner as the initial appointments.
 1305         (d) Each member of the council shall be allowed one vote.
 1306  The council shall select a chair from among its membership.
 1307  Meetings shall be held at the call of the chair, but not less
 1308  frequently than quarterly. The members of the council shall be
 1309  reimbursed for per diem and travel expenses as provided in s.
 1310  112.061.
 1311         (e) The department shall provide administrative staff
 1312  support and shall ensure that council meetings are
 1313  electronically recorded. Such recordings and all documents
 1314  received, prepared for, or used by the council in conducting its
 1315  business shall be preserved pursuant to chapters 119 and 257.
 1316         Section 23. Section 339.65, Florida Statutes, is created to
 1317  read:
 1318         339.65Strategic Intermodal System highway corridors.—
 1319         (1) The department shall plan and develop Strategic
 1320  Intermodal System highway corridors, including limited and
 1321  controlled access facilities, allowing for high-speed and high
 1322  volume traffic movements within the state. The primary function
 1323  of these corridors is to provide for such traffic movements.
 1324  Access to abutting land is subordinate to this function, and
 1325  such access must be prohibited or highly regulated.
 1326         (2) Strategic Intermodal System highway corridors shall
 1327  include facilities from the following components of the State
 1328  Highway System which meet the criteria adopted by the department
 1329  pursuant to s. 339.63:
 1330         (a) Interstate highways.
 1331         (b) The Florida Turnpike System.
 1332         (c) Interregional and intercity limited access facilities.
 1333         (d) Existing interregional and intercity arterial highways
 1334  previously upgraded or upgraded in the future to limited access
 1335  or controlled access facility standards.
 1336         (e) New limited access facilities necessary to complete a
 1337  balanced statewide system.
 1338         (3) The department shall adhere to the following policy
 1339  guidelines in the development of Strategic Intermodal System
 1340  highway corridors:
 1341         (a) Make capacity improvements to existing facilities where
 1342  feasible to minimize costs and environmental impacts.
 1343         (b) Identify appropriate arterial highways in major
 1344  transportation corridors for inclusion in a program to bring
 1345  these facilities up to limited access or controlled access
 1346  facility standards.
 1347         (c) Coordinate proposed projects with appropriate limited
 1348  access projects undertaken by expressway authorities and local
 1349  governmental entities.
 1350         (d) Maximize the use of limited access facility standards
 1351  when constructing new arterial highways.
 1352         (e) Identify appropriate new limited access highways for
 1353  inclusion as a part of the Florida Turnpike System.
 1354         (f) To the maximum extent feasible, ensure that proposed
 1355  projects are consistent with approved local government
 1356  comprehensive plans of the local jurisdictions in which such
 1357  facilities are to be located and with the transportation
 1358  improvement program of any metropolitan planning organization in
 1359  which such facilities are to be located.
 1360         (4) The department shall develop and maintain a plan of
 1361  Strategic Intermodal System highway corridor projects that are
 1362  anticipated to be let to contract for construction within a time
 1363  period of at least 20 years. The plan shall also identify when
 1364  segments of the corridor will meet the standards and criteria
 1365  developed pursuant to subsection (5).
 1366         (5) The department shall establish the standards and
 1367  criteria for the functional characteristics and design of
 1368  facilities proposed as part of Strategic Intermodal System
 1369  highway corridors.
 1370         (6) For the purposes of developing the proposed Strategic
 1371  Intermodal System highway corridors, the minimum amount
 1372  allocated each fiscal year shall be based on the 2003-2004
 1373  fiscal year allocation of $450 million, adjusted annually by the
 1374  change in the Consumer Price Index for the prior fiscal year
 1375  compared to the Consumer Price Index for the 2003-2004 fiscal
 1376  year.
 1377         (7) Any project to be constructed as part of a Strategic
 1378  Intermodal System highway corridor shall be included in the
 1379  department’s adopted work program. Any Strategic Intermodal
 1380  System highway corridor projects that are added to or deleted
 1381  from the previous adopted work program, or any modification to
 1382  Strategic Intermodal System highway corridor projects contained
 1383  in the previous adopted work program, shall be specifically
 1384  identified and submitted as a separate part of the tentative
 1385  work program.
 1386         Section 24. Section 339.155, Florida Statutes, is amended
 1387  to read:
 1388         339.155 Transportation planning.—
 1389         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
 1390  develop and annually update a statewide transportation plan, to
 1391  be known as the Florida Transportation Plan. The plan shall be
 1392  designed so as to be easily read and understood by the general
 1393  public. The purpose of the Florida Transportation Plan is to
 1394  establish and define the state’s long-range transportation goals
 1395  and objectives to be accomplished over a period of at least 20
 1396  years within the context of the State Comprehensive Plan, and
 1397  any other statutory mandates and authorizations and based upon
 1398  the prevailing principles of: preserving the existing
 1399  transportation infrastructure; enhancing Florida’s economic
 1400  competitiveness; and improving travel choices to ensure
 1401  mobility. The Florida Transportation Plan shall consider the
 1402  needs of the entire state transportation system and examine the
 1403  use of all modes of transportation to effectively and
 1404  efficiently meet such needs.
 1405         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
 1406  out a transportation planning process in conformance with s.
 1407  334.046(1) and 23 U.S.C. s. 135 which provides for consideration
 1408  of projects and strategies that will:
 1409         (a) Support the economic vitality of the United States,
 1410  Florida, and the metropolitan areas, especially by enabling
 1411  global competitiveness, productivity, and efficiency;
 1412         (b) Increase the safety and security of the transportation
 1413  system for motorized and nonmotorized users;
 1414         (c) Increase the accessibility and mobility options
 1415  available to people and for freight;
 1416         (d) Protect and enhance the environment, promote energy
 1417  conservation, and improve quality of life;
 1418         (e) Enhance the integration and connectivity of the
 1419  transportation system, across and between modes throughout
 1420  Florida, for people and freight;
 1421         (f) Promote efficient system management and operation; and
 1422         (g) Emphasize the preservation of the existing
 1423  transportation system.
 1424         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
 1425  Transportation Plan shall be a unified, concise planning
 1426  document that clearly defines the state’s long-range
 1427  transportation goals and objectives and documents the
 1428  department’s short-range objectives developed to further such
 1429  goals and objectives. The plan shall:
 1430         (a) Include a glossary that clearly and succinctly defines
 1431  any and all phrases, words, or terms of art included in the
 1432  plan, with which the general public may be unfamiliar. and shall
 1433  consist of, at a minimum, the following components:
 1434         (b)(a)Document A long-range component documenting the
 1435  goals and long-term objectives necessary to implement the
 1436  results of the department consistent with department’s findings
 1437  from its examination of the criteria listed in subsection (2)
 1438  and s. 334.046(1) and s. 23 U.S.C. s. 135. The long-range
 1439  component must
 1440         (c) Be developed in cooperation with the metropolitan
 1441  planning organizations and reconciled, to the maximum extent
 1442  feasible, with the long-range plans developed by metropolitan
 1443  planning organizations pursuant to s. 339.175. The plan must
 1444  also
 1445         (d) Be developed in consultation with affected local
 1446  officials in nonmetropolitan areas and with any affected Indian
 1447  tribal governments. The plan must provide
 1448         (e) Provide an examination of transportation issues likely
 1449  to arise during at least a 20-year period. The long-range
 1450  component shall
 1451         (f) Be updated at least once every 5 years, or more often
 1452  as necessary, to reflect substantive changes to federal or state
 1453  law.
 1454         (b) A short-range component documenting the short-term
 1455  objectives and strategies necessary to implement the goals and
 1456  long-term objectives contained in the long-range component. The
 1457  short-range component must define the relationship between the
 1458  long-range goals and the short-range objectives, specify those
 1459  objectives against which the department’s achievement of such
 1460  goals will be measured, and identify transportation strategies
 1461  necessary to efficiently achieve the goals and objectives in the
 1462  plan. It must provide a policy framework within which the
 1463  department’s legislative budget request, the strategic
 1464  information resource management plan, and the work program are
 1465  developed. The short-range component shall serve as the
 1466  department’s annual agency strategic plan pursuant to s.
 1467  186.021. The short-range component shall be developed consistent
 1468  with available and forecasted state and federal funds. The
 1469  short-range component shall also be submitted to the Florida
 1470  Transportation Commission.
 1471         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
 1472  an annual performance report evaluating the operation of the
 1473  department for the preceding fiscal year. The report shall also
 1474  include a summary of the financial operations of the department
 1475  and shall annually evaluate how well the adopted work program
 1476  meets the short-term objectives contained in the short-range
 1477  component of the Florida Transportation Plan. This performance
 1478  report shall be submitted to the Florida Transportation
 1479  Commission and the legislative appropriations and transportation
 1480  committees.
 1481         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
 1482         (a) Upon request by local governmental entities, the
 1483  department may in its discretion develop and design
 1484  transportation corridors, arterial and collector streets,
 1485  vehicular parking areas, and other support facilities which are
 1486  consistent with the plans of the department for major
 1487  transportation facilities. The department may render to local
 1488  governmental entities or their planning agencies such technical
 1489  assistance and services as are necessary so that local plans and
 1490  facilities are coordinated with the plans and facilities of the
 1491  department.
 1492         (b) Each regional planning council, as provided for in s.
 1493  186.504, or any successor agency thereto, shall develop, as an
 1494  element of its strategic regional policy plan, transportation
 1495  goals and policies. The transportation goals and policies must
 1496  be prioritized to comply with the prevailing principles provided
 1497  in subsection (2) and s. 334.046(1). The transportation goals
 1498  and policies shall be consistent, to the maximum extent
 1499  feasible, with the goals and policies of the metropolitan
 1500  planning organization and the Florida Transportation Plan. The
 1501  transportation goals and policies of the regional planning
 1502  council will be advisory only and shall be submitted to the
 1503  department and any affected metropolitan planning organization
 1504  for their consideration and comments. Metropolitan planning
 1505  organization plans and other local transportation plans shall be
 1506  developed consistent, to the maximum extent feasible, with the
 1507  regional transportation goals and policies. The regional
 1508  planning council shall review urbanized area transportation
 1509  plans and any other planning products stipulated in s. 339.175
 1510  and provide the department and respective metropolitan planning
 1511  organizations with written recommendations which the department
 1512  and the metropolitan planning organizations shall take under
 1513  advisement. Further, the regional planning councils shall
 1514  directly assist local governments which are not part of a
 1515  metropolitan area transportation planning process in the
 1516  development of the transportation element of their comprehensive
 1517  plans as required by s. 163.3177.
 1518         (c) Regional transportation plans may be developed in
 1519  regional transportation areas in accordance with an interlocal
 1520  agreement entered into pursuant to s. 163.01 by two or more
 1521  contiguous metropolitan planning organizations; one or more
 1522  metropolitan planning organizations and one or more contiguous
 1523  counties, none of which is a member of a metropolitan planning
 1524  organization; a multicounty regional transportation authority
 1525  created by or pursuant to law; two or more contiguous counties
 1526  that are not members of a metropolitan planning organization; or
 1527  metropolitan planning organizations comprised of three or more
 1528  counties.
 1529         (d) The interlocal agreement must, at a minimum, identify
 1530  the entity that will coordinate the development of the regional
 1531  transportation plan; delineate the boundaries of the regional
 1532  transportation area; provide the duration of the agreement and
 1533  specify how the agreement may be terminated, modified, or
 1534  rescinded; describe the process by which the regional
 1535  transportation plan will be developed; and provide how members
 1536  of the entity will resolve disagreements regarding
 1537  interpretation of the interlocal agreement or disputes relating
 1538  to the development or content of the regional transportation
 1539  plan. Such interlocal agreement shall become effective upon its
 1540  recordation in the official public records of each county in the
 1541  regional transportation area.
 1542         (e) The regional transportation plan developed pursuant to
 1543  this section must, at a minimum, identify regionally significant
 1544  transportation facilities located within a regional
 1545  transportation area and contain a prioritized list of regionally
 1546  significant projects. The level-of-service standards for
 1547  facilities to be funded under this subsection shall be adopted
 1548  by the appropriate local government in accordance with s.
 1549  163.3180(10). The projects shall be adopted into the capital
 1550  improvements schedule of the local government comprehensive plan
 1551  pursuant to s. 163.3177(3).
 1552         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
 1553  TRANSPORTATION PLANNING.—
 1554         (a) During the development of the long-range component of
 1555  the Florida Transportation Plan and prior to substantive
 1556  revisions, the department shall provide citizens, affected
 1557  public agencies, representatives of transportation agency
 1558  employees, other affected employee representatives, private
 1559  providers of transportation, and other known interested parties
 1560  with an opportunity to comment on the proposed plan or
 1561  revisions. These opportunities shall include, at a minimum,
 1562  publishing a notice in the Florida Administrative Weekly and
 1563  within a newspaper of general circulation within the area of
 1564  each department district office.
 1565         (b) During development of major transportation
 1566  improvements, such as those increasing the capacity of a
 1567  facility through the addition of new lanes or providing new
 1568  access to a limited or controlled access facility or
 1569  construction of a facility in a new location, the department
 1570  shall hold one or more hearings prior to the selection of the
 1571  facility to be provided; prior to the selection of the site or
 1572  corridor of the proposed facility; and prior to the selection of
 1573  and commitment to a specific design proposal for the proposed
 1574  facility. Such public hearings shall be conducted so as to
 1575  provide an opportunity for effective participation by interested
 1576  persons in the process of transportation planning and site and
 1577  route selection and in the specific location and design of
 1578  transportation facilities. The various factors involved in the
 1579  decision or decisions and any alternative proposals shall be
 1580  clearly presented so that the persons attending the hearing may
 1581  present their views relating to the decision or decisions which
 1582  will be made.
 1583         (c) Opportunity for design hearings:
 1584         1. The department, prior to holding a design hearing, shall
 1585  duly notify all affected property owners of record, as recorded
 1586  in the property appraiser’s office, by mail at least 20 days
 1587  prior to the date set for the hearing. The affected property
 1588  owners shall be:
 1589         a. Those whose property lies in whole or in part within 300
 1590  feet on either side of the centerline of the proposed facility.
 1591         b. Those whom the department determines will be
 1592  substantially affected environmentally, economically, socially,
 1593  or safetywise.
 1594         2. For each subsequent hearing, the department shall
 1595  publish notice prior to the hearing date in a newspaper of
 1596  general circulation for the area affected. These notices must be
 1597  published twice, with the first notice appearing at least 15
 1598  days, but no later than 30 days, before the hearing.
 1599         3. A copy of the notice of opportunity for the hearing must
 1600  be furnished to the United States Department of Transportation
 1601  and to the appropriate departments of the state government at
 1602  the time of publication.
 1603         4. The opportunity for another hearing shall be afforded in
 1604  any case when proposed locations or designs are so changed from
 1605  those presented in the notices specified above or at a hearing
 1606  as to have a substantially different social, economic, or
 1607  environmental effect.
 1608         5. The opportunity for a hearing shall be afforded in each
 1609  case in which the department is in doubt as to whether a hearing
 1610  is required.
 1611         Section 25. Section 341.840, Florida Statutes, is amended
 1612  to read:
 1613         341.840 Tax exemption.—
 1614         (1) The exercise of the powers granted by this act will be
 1615  in all respects for the benefit of the people of this state, for
 1616  the increase of their commerce, welfare, and prosperity, and for
 1617  the improvement of their health and living conditions. The
 1618  design, construction, operation, maintenance, and financing of a
 1619  high-speed rail system by the enterprise authority, its agent,
 1620  or the owner or lessee thereof, as herein authorized,
 1621  constitutes the performance of an essential public function.
 1622         (2)(a) For the purposes of this section, the term
 1623  “enterprise” “authority” does not include agents of the
 1624  enterprise authority other than contractors who qualify as such
 1625  pursuant to subsection (7).
 1626         (b) For the purposes of this section, any item or property
 1627  that is within the definition of “associated development” in s.
 1628  341.8203(1) is shall not be considered to be part of the high
 1629  speed rail system as defined in s. 341.8203(6).
 1630         (3)(a) Purchases or leases of tangible personal property or
 1631  real property by the enterprise authority, excluding agents of
 1632  the enterprise authority, are exempt from taxes imposed by
 1633  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 1634  tangible personal property that is incorporated into the high
 1635  speed rail system as a component part thereof, as determined by
 1636  the enterprise authority, by agents of the enterprise authority
 1637  or the owner of the high-speed rail system are exempt from sales
 1638  or use taxes imposed by chapter 212. Leases, rentals, or
 1639  licenses to use real property granted to agents of the
 1640  enterprise authority or the owner of the high-speed rail system
 1641  are exempt from taxes imposed by s. 212.031 if the real property
 1642  becomes part of such system. The exemptions granted in this
 1643  subsection do not apply to sales, leases, or licenses by the
 1644  enterprise authority, agents of the enterprise authority, or the
 1645  owner of the high-speed rail system.
 1646         (b) The exemption granted in paragraph (a) to purchases or
 1647  leases of tangible personal property by agents of the enterprise
 1648  authority or by the owner of the high-speed rail system applies
 1649  only to property that becomes a component part of such system.
 1650  It does not apply to items, including, but not limited to,
 1651  cranes, bulldozers, forklifts, other machinery and equipment,
 1652  tools and supplies, or other items of tangible personal property
 1653  used in the construction, operation, or maintenance of the high
 1654  speed rail system when such items are not incorporated into the
 1655  high-speed rail system as a component part thereof.
 1656         (4) Any bonds or other security, and all notes, mortgages,
 1657  security agreements, letters of credit, or other instruments
 1658  that arise out of or are given to secure the repayment of bonds
 1659  or other security, issued by the enterprise authority, or on
 1660  behalf of the enterprise authority, their transfer, and the
 1661  income therefrom, including any profit made on the sale thereof,
 1662  shall at all times be free from taxation of every kind by the
 1663  state, the counties, and the municipalities and other political
 1664  subdivisions in the state. This subsection, however, does not
 1665  exempt from taxation or assessment the leasehold interest of a
 1666  lessee in any project or any other property or interest owned by
 1667  the lessee. The exemption granted by this subsection is not
 1668  applicable to any tax imposed by chapter 220 on interest income
 1669  or profits on the sale of debt obligations owned by
 1670  corporations.
 1671         (5) When property of the enterprise authority is leased to
 1672  another person or entity, the property shall be exempt from ad
 1673  valorem taxation only if the use by the lessee qualifies the
 1674  property for exemption under s. 196.199.
 1675         (6) A leasehold interest held by the enterprise authority
 1676  is not subject to intangible tax. However, if a leasehold
 1677  interest held by the enterprise authority is subleased to a
 1678  nongovernmental lessee, such subleasehold interest shall be
 1679  deemed to be an interest described in s. 199.023(1)(d), Florida
 1680  Statutes 2005, and is subject to the intangible tax.
 1681         (7)(a) In order to be considered an agent of the enterprise
 1682  authority for purposes of the exemption from sales and use tax
 1683  granted by subsection (3) for tangible personal property
 1684  incorporated into the high-speed rail system, a contractor of
 1685  the enterprise authority that purchases or fabricates such
 1686  tangible personal property must be certified by the authority as
 1687  provided in this subsection.
 1688         (b)1. A contractor must apply for a renewal of the
 1689  exemption not later than December 1 of each calendar year.
 1690         2. A contractor must apply to the enterprise authority on
 1691  the application form adopted by the enterprise authority, which
 1692  shall develop the form in consultation with the Department of
 1693  Revenue.
 1694         3. The enterprise authority shall review each submitted
 1695  application and determine whether it is complete. The enterprise
 1696  authority shall notify the applicant of any deficiencies in the
 1697  application within 30 days. Upon receipt of a completed
 1698  application, the enterprise authority shall evaluate the
 1699  application for exemption under this subsection and issue a
 1700  certification that the contractor is qualified to act as an
 1701  agent of the enterprise authority for purposes of this section
 1702  or a denial of such certification within 30 days. The enterprise
 1703  authority shall provide the Department of Revenue with a copy of
 1704  each certification issued upon approval of an application. Upon
 1705  receipt of a certification from the authority, the Department of
 1706  Revenue shall issue an exemption permit to the contractor.
 1707         (c)1. The contractor may extend a copy of its exemption
 1708  permit to its vendors in lieu of paying sales tax on purchases
 1709  of tangible personal property qualifying for exemption under
 1710  this section. Possession of a copy of the exemption permit
 1711  relieves the seller of the responsibility of collecting tax on
 1712  the sale, and the Department of Revenue shall look solely to the
 1713  contractor for recovery of tax upon a determination that the
 1714  contractor was not entitled to the exemption.
 1715         2. The contractor may extend a copy of its exemption permit
 1716  to real property subcontractors supplying and installing
 1717  tangible personal property that is exempt under subsection (3).
 1718  Any such subcontractor is authorized to extend a copy of the
 1719  permit to the subcontractor’s vendors in order to purchase
 1720  qualifying tangible personal property tax-exempt. If the
 1721  subcontractor uses the exemption permit to purchase tangible
 1722  personal property that is determined not to qualify for
 1723  exemption under subsection (3), the Department of Revenue may
 1724  assess and collect any tax, penalties, and interest that are due
 1725  from either the contractor holding the exemption permit or the
 1726  subcontractor that extended the exemption permit to the seller.
 1727         (d) Any contractor authorized to act as an agent of the
 1728  enterprise authority under this section shall maintain the
 1729  necessary books and records to document the exempt status of
 1730  purchases and fabrication costs made or incurred under the
 1731  permit. In addition, an authorized contractor extending its
 1732  exemption permit to its subcontractors shall maintain a copy of
 1733  the subcontractor’s books, records, and invoices indicating all
 1734  purchases made by the subcontractor under the authorized
 1735  contractor’s permit. If, in an audit conducted by the Department
 1736  of Revenue, it is determined that tangible personal property
 1737  purchased or fabricated claiming exemption under this section
 1738  does not meet the criteria for exemption, the amount of taxes
 1739  not paid at the time of purchase or fabrication shall be
 1740  immediately due and payable to the Department of Revenue,
 1741  together with the appropriate interest and penalty, computed
 1742  from the date of purchase, in the manner prescribed by chapter
 1743  212.
 1744         (e) If a contractor fails to apply for a high-speed rail
 1745  system exemption permit, or if a contractor initially determined
 1746  by the enterprise authority to not qualify for exemption is
 1747  subsequently determined to be eligible, the contractor shall
 1748  receive the benefit of the exemption in this subsection through
 1749  a refund of previously paid taxes for transactions that
 1750  otherwise would have been exempt. A refund may not be made for
 1751  such taxes without the issuance of a certification by the
 1752  enterprise authority that the contractor was authorized to make
 1753  purchases tax-exempt and a determination by the Department of
 1754  Revenue that the purchases qualified for the exemption.
 1755         (f) The enterprise authority may adopt rules governing the
 1756  application process for exemption of a contractor as an
 1757  authorized agent of the enterprise authority.
 1758         (g) The Department of Revenue may adopt rules governing the
 1759  issuance and form of high-speed rail system exemption permits,
 1760  the audit of contractors and subcontractors using such permits,
 1761  the recapture of taxes on nonqualified purchases, and the manner
 1762  and form of refund applications.
 1763         Section 26. Paragraph (a) of subsection (12) of section
 1764  163.3180, Florida Statutes, is amended to read:
 1765         163.3180 Concurrency.—
 1766         (12)(a) A development of regional impact may satisfy the
 1767  transportation concurrency requirements of the local
 1768  comprehensive plan, the local government’s concurrency
 1769  management system, and s. 380.06 by payment of a proportionate
 1770  share contribution for local and regionally significant traffic
 1771  impacts, if:
 1772         1. The development of regional impact which, based on its
 1773  location or mix of land uses, is designed to encourage
 1774  pedestrian or other nonautomotive modes of transportation;
 1775         2. The proportionate-share contribution for local and
 1776  regionally significant traffic impacts is sufficient to pay for
 1777  one or more required mobility improvements that will benefit a
 1778  regionally significant transportation facility;
 1779         3. The owner and developer of the development of regional
 1780  impact pays or assures payment of the proportionate-share
 1781  contribution; and
 1782         4. If the regionally significant transportation facility to
 1783  be constructed or improved is under the maintenance authority of
 1784  a governmental entity, as defined by s. 334.03(9) s. 334.03(12),
 1785  other than the local government with jurisdiction over the
 1786  development of regional impact, the developer is required to
 1787  enter into a binding and legally enforceable commitment to
 1788  transfer funds to the governmental entity having maintenance
 1789  authority or to otherwise assure construction or improvement of
 1790  the facility.
 1791  
 1792  The proportionate-share contribution may be applied to any
 1793  transportation facility to satisfy the provisions of this
 1794  subsection and the local comprehensive plan, but, for the
 1795  purposes of this subsection, the amount of the proportionate
 1796  share contribution shall be calculated based upon the cumulative
 1797  number of trips from the proposed development expected to reach
 1798  roadways during the peak hour from the complete buildout of a
 1799  stage or phase being approved, divided by the change in the peak
 1800  hour maximum service volume of roadways resulting from
 1801  construction of an improvement necessary to maintain the adopted
 1802  level of service, multiplied by the construction cost, at the
 1803  time of developer payment, of the improvement necessary to
 1804  maintain the adopted level of service. For purposes of this
 1805  subsection, “construction cost” includes all associated costs of
 1806  the improvement. Proportionate-share mitigation shall be limited
 1807  to ensure that a development of regional impact meeting the
 1808  requirements of this subsection mitigates its impact on the
 1809  transportation system but is not responsible for the additional
 1810  cost of reducing or eliminating backlogs. This subsection also
 1811  applies to Florida Quality Developments pursuant to s. 380.061
 1812  and to detailed specific area plans implementing optional sector
 1813  plans pursuant to s. 163.3245.
 1814         Section 27. Subsection (3) of section 288.063, Florida
 1815  Statutes, is amended to read:
 1816         288.063 Contracts for transportation projects.—
 1817         (3) With respect to any contract executed pursuant to this
 1818  section, the term “transportation project” means a
 1819  transportation facility as defined in s. 334.03(27) s.
 1820  334.03(31) which is necessary in the judgment of the Office of
 1821  Tourism, Trade, and Economic Development to facilitate the
 1822  economic development and growth of the state. Except for
 1823  applications received prior to July 1, 1996, such transportation
 1824  projects shall be approved only as a consideration to attract
 1825  new employment opportunities to the state or expand or retain
 1826  employment in existing companies operating within the state, or
 1827  to allow for the construction or expansion of a state or federal
 1828  correctional facility in a county with a population of 75,000 or
 1829  less that creates new employment opportunities or expands or
 1830  retains employment in the county. The Office of Tourism, Trade,
 1831  and Economic Development shall institute procedures to ensure
 1832  that small and minority businesses have equal access to funding
 1833  provided under this section. Funding for approved transportation
 1834  projects may include any expenses, other than administrative
 1835  costs and equipment purchases specified in the contract,
 1836  necessary for new, or improvement to existing, transportation
 1837  facilities. Funds made available pursuant to this section may
 1838  not be expended in connection with the relocation of a business
 1839  from one community to another community in this state unless the
 1840  Office of Tourism, Trade, and Economic Development determines
 1841  that without such relocation the business will move outside this
 1842  state or determines that the business has a compelling economic
 1843  rationale for the relocation which creates additional jobs.
 1844  Subject to appropriation for projects under this section, any
 1845  appropriation greater than $10 million shall be allocated to
 1846  each of the districts of the Department of Transportation to
 1847  ensure equitable geographical distribution. Such allocated funds
 1848  that remain uncommitted by the third quarter of the fiscal year
 1849  shall be reallocated among the districts based on pending
 1850  project requests.
 1851         Section 28. Paragraph (b) of subsection (3) of section
 1852  311.07, Florida Statutes, is amended to read:
 1853         311.07 Florida seaport transportation and economic
 1854  development funding.—
 1855         (3)
 1856         (b) Projects eligible for funding by grants under the
 1857  program are limited to the following port facilities or port
 1858  transportation projects:
 1859         1. Transportation facilities within the jurisdiction of the
 1860  port.
 1861         2. The dredging or deepening of channels, turning basins,
 1862  or harbors.
 1863         3. The construction or rehabilitation of wharves, docks,
 1864  structures, jetties, piers, storage facilities, cruise
 1865  terminals, automated people mover systems, or any facilities
 1866  necessary or useful in connection with any of the foregoing.
 1867         4. The acquisition of vessel tracking systems, container
 1868  cranes, or other mechanized equipment used in the movement of
 1869  cargo or passengers in international commerce.
 1870         5. The acquisition of land to be used for port purposes.
 1871         6. The acquisition, improvement, enlargement, or extension
 1872  of existing port facilities.
 1873         7. Environmental protection projects which are necessary
 1874  because of requirements imposed by a state agency as a condition
 1875  of a permit or other form of state approval; which are necessary
 1876  for environmental mitigation required as a condition of a state,
 1877  federal, or local environmental permit; which are necessary for
 1878  the acquisition of spoil disposal sites and improvements to
 1879  existing and future spoil sites; or which result from the
 1880  funding of eligible projects listed in this paragraph.
 1881         8. Transportation facilities as defined in s. 334.03(27) s.
 1882  334.03(31) which are not otherwise part of the Department of
 1883  Transportation’s adopted work program.
 1884         9. Seaport intermodal access projects identified in the 5
 1885  year Florida Seaport Mission Plan as provided in s. 311.09(3).
 1886         10. Construction or rehabilitation of port facilities as
 1887  defined in s. 315.02, excluding any park or recreational
 1888  facilities, in ports listed in s. 311.09(1) with operating
 1889  revenues of $5 million or less, provided that such projects
 1890  create economic development opportunities, capital improvements,
 1891  and positive financial returns to such ports.
 1892         Section 29. Subsection (7) of section 311.09, Florida
 1893  Statutes, is amended to read:
 1894         311.09 Florida Seaport Transportation and Economic
 1895  Development Council.—
 1896         (7) The Department of Transportation shall review the list
 1897  of projects approved by the council for consistency with the
 1898  Florida Transportation Plan and the department’s adopted work
 1899  program. In evaluating the consistency of a project, the
 1900  department shall determine whether the transportation impact of
 1901  the proposed project is adequately handled by existing state
 1902  owned transportation facilities or by the construction of
 1903  additional state-owned transportation facilities as identified
 1904  in the Florida Transportation Plan and the department’s adopted
 1905  work program. In reviewing for consistency a transportation
 1906  facility project as defined in s. 334.03(27) s. 334.03(31) which
 1907  is not otherwise part of the department’s work program, the
 1908  department shall evaluate whether the project is needed to
 1909  provide for projected movement of cargo or passengers from the
 1910  port to a state transportation facility or local road. If the
 1911  project is needed to provide for projected movement of cargo or
 1912  passengers, the project shall be approved for consistency as a
 1913  consideration to facilitate the economic development and growth
 1914  of the state in a timely manner. The Department of
 1915  Transportation shall identify those projects which are
 1916  inconsistent with the Florida Transportation Plan and the
 1917  adopted work program and shall notify the council of projects
 1918  found to be inconsistent.
 1919         Section 30. Section 316.2122, Florida Statutes, is amended
 1920  to read:
 1921         316.2122 Operation of a low-speed vehicle or mini truck on
 1922  certain roadways.—The operation of a low-speed vehicle as
 1923  defined in s. 320.01(42) or a mini truck as defined in s.
 1924  320.01(45) on any road as defined in s. 334.03(15) or (33) is
 1925  authorized with the following restrictions:
 1926         (1) A low-speed vehicle or mini truck may be operated only
 1927  on streets where the posted speed limit is 35 miles per hour or
 1928  less. This does not prohibit a low-speed vehicle or mini truck
 1929  from crossing a road or street at an intersection where the road
 1930  or street has a posted speed limit of more than 35 miles per
 1931  hour.
 1932         (2) A low-speed vehicle must be equipped with headlamps,
 1933  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 1934  parking brakes, rearview mirrors, windshields, seat belts, and
 1935  vehicle identification numbers.
 1936         (3) A low-speed vehicle or mini truck must be registered
 1937  and insured in accordance with s. 320.02 and titled pursuant to
 1938  chapter 319.
 1939         (4) Any person operating a low-speed vehicle or mini truck
 1940  must have in his or her possession a valid driver’s license.
 1941         (5) A county or municipality may prohibit the operation of
 1942  low-speed vehicles or mini trucks on any road under its
 1943  jurisdiction if the governing body of the county or municipality
 1944  determines that such prohibition is necessary in the interest of
 1945  safety.
 1946         (6) The Department of Transportation may prohibit the
 1947  operation of low-speed vehicles or mini trucks on any road under
 1948  its jurisdiction if it determines that such prohibition is
 1949  necessary in the interest of safety.
 1950         Section 31. Paragraph (c) of subsection (5) of section
 1951  316.515, Florida Statutes, is amended to read:
 1952         316.515 Maximum width, height, length.—
 1953         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
 1954  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
 1955         (c) The width and height limitations of this section do not
 1956  apply to farming or agricultural equipment, whether self
 1957  propelled, pulled, or hauled, when temporarily operated during
 1958  daylight hours upon a public road that is not a limited access
 1959  facility as defined in s. 334.03(10) s. 334.03(13), and the
 1960  width and height limitations may be exceeded by such equipment
 1961  without a permit. To be eligible for this exemption, the
 1962  equipment shall be operated within a radius of 50 miles of the
 1963  real property owned, rented, or leased by the equipment owner.
 1964  However, equipment being delivered by a dealer to a purchaser is
 1965  not subject to the 50-mile limitation. Farming or agricultural
 1966  equipment greater than 174 inches in width must have one warning
 1967  lamp mounted on each side of the equipment to denote the width
 1968  and must have a slow-moving vehicle sign. Warning lamps required
 1969  by this paragraph must be visible from the front and rear of the
 1970  vehicle and must be visible from a distance of at least 1,000
 1971  feet.
 1972         Section 32. Section 336.01, Florida Statutes, is amended to
 1973  read:
 1974         336.01 Designation of county road system.—The county road
 1975  system shall be as defined in s. 334.03(6) s. 334.03(8).
 1976         Section 33. Section 338.222, Florida Statutes, is amended
 1977  to read:
 1978         338.222 Department of Transportation sole governmental
 1979  entity to acquire, construct, or operate turnpike projects;
 1980  exception.—
 1981         (1) No governmental entity other than the department may
 1982  acquire, construct, maintain, or operate the turnpike system
 1983  subsequent to the enactment of this law, except upon specific
 1984  authorization of the Legislature.
 1985         (2) The department may contract with any local governmental
 1986  entity as defined in s. 334.03(11) s. 334.03(14) for the design,
 1987  right-of-way acquisition, or construction of any turnpike
 1988  project which the Legislature has approved. Local governmental
 1989  entities may negotiate with the department for the design,
 1990  right-of-way acquisition, and construction of any section of the
 1991  turnpike project within areas of their respective jurisdictions
 1992  or within counties with which they have interlocal agreements.
 1993         Section 34. Section 341.8225, Florida Statutes, is amended
 1994  to read:
 1995         341.8225 Department of Transportation sole governmental
 1996  entity to acquire, construct, or operate high-speed rail
 1997  projects; exception.—
 1998         (1) No governmental entity other than the department may
 1999  acquire, construct, maintain, or operate the high-speed rail
 2000  system except upon specific authorization of the Legislature.
 2001         (2) Local governmental entities, as defined in s.
 2002  334.03(11) s. 334.03(14), may negotiate with the department for
 2003  the design, right-of-way acquisition, and construction of any
 2004  component of the high-speed rail system within areas of their
 2005  respective jurisdictions or within counties with which they have
 2006  interlocal agreements.
 2007         Section 35. Subsections (4), (26), and (27) of section
 2008  479.01, Florida Statutes, are amended to read:
 2009         479.01 Definitions.—As used in this chapter, the term:
 2010         (4) “Commercial or industrial zone” means a parcel of land
 2011  designated predominately for commercial or industrial uses under
 2012  both the future land use map of the comprehensive plan and the
 2013  land use development regulations adopted pursuant to chapter
 2014  163. If a parcel is located in an area designated for multiple
 2015  uses on the future land use map of a comprehensive plan and the
 2016  zoning category of the land development regulations does not
 2017  clearly designate that parcel for a specific use, the area will
 2018  be considered an unzoned commercial or industrial area if it
 2019  meets the criteria of subsection (26).
 2020         (26) “Unzoned commercial or industrial area” means an area
 2021  a parcel of land designated by the future land use map of the
 2022  comprehensive plan for multiple uses that include commercial or
 2023  industrial uses but are not specifically designated for
 2024  commercial or industrial uses under the land development
 2025  regulations, in which three or more separate and distinct
 2026  conforming industrial or commercial activities are located.
 2027         (a) These activities must satisfy the following criteria:
 2028         1. At least one of the commercial or industrial activities
 2029  must be located on the same side of the highway and within 800
 2030  feet of the sign location;
 2031         2. The commercial or industrial activities must be within
 2032  660 feet from the nearest edge of the right-of-way; and
 2033         3. The commercial industrial activities must be within
 2034  1,600 feet of each other.
 2035  
 2036  Distances specified in this paragraph must be measured from the
 2037  nearest outer edge of the primary building or primary building
 2038  complex when the individual units of the complex are connected
 2039  by covered walkways.
 2040         (b) Certain activities, including, but not limited to, The
 2041  following are, may not be so recognized as commercial or
 2042  industrial activities:
 2043         1. Signs.
 2044         2. Agricultural, forestry, ranching, grazing, farming, and
 2045  related activities, including, but not limited to, wayside fresh
 2046  produce stands.
 2047         3. Transient or temporary activities.
 2048         4. Activities not visible from the main-traveled way.
 2049         5. Activities conducted more than 660 feet from the nearest
 2050  edge of the right-of-way.
 2051         6. Activities conducted in a building principally used as a
 2052  residence.
 2053         7. Railroad tracks and minor sidings.
 2054         8. Communication towers.
 2055         (27) “Urban area” has the same meaning as defined in s.
 2056  334.03(28) s. 334.03(29).
 2057         Section 36. Subsection (7) of section 479.02, Florida
 2058  Statutes, is amended to read:
 2059         479.02 Duties of the department.—It shall be the duty of
 2060  the department to:
 2061         (7) Adopt such rules as it deems necessary to administer or
 2062  proper for the administration of this chapter, including rules
 2063  which identify activities that may not be recognized as
 2064  industrial or commercial activities for purposes of
 2065  determination of an area as an unzoned commercial or industrial
 2066  area.
 2067         Section 37. Subsection (1) of section 479.07, Florida
 2068  Statutes, is amended to read:
 2069         479.07 Sign permits.—
 2070         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
 2071  person may not erect, operate, use, or maintain, or cause to be
 2072  erected, operated, used, or maintained, any sign on the State
 2073  Highway System outside an urban area, as defined in s.
 2074  334.03(28) s. 334.03(32), or on any portion of the interstate or
 2075  federal-aid primary highway system without first obtaining a
 2076  permit for the sign from the department and paying the annual
 2077  fee as provided in this section. As used in this section, the
 2078  term “on any portion of the State Highway System, interstate, or
 2079  federal-aid primary system” means a sign located within the
 2080  controlled area which is visible from any portion of the main
 2081  traveled way of such system.
 2082         Section 38. Subsection (5) of section 479.261, Florida
 2083  Statutes, is amended to read:
 2084         479.261 Logo sign program.—
 2085         (5) At a minimum, permit fees for businesses that
 2086  participate in the program must be established in an amount
 2087  sufficient to offset the total cost to the department for the
 2088  program, including contract costs. The department shall provide
 2089  the services in the most efficient and cost-effective manner
 2090  through department staff or by contracting for some or all of
 2091  the services. The department shall adopt rules that set
 2092  reasonable rates based upon factors such as population, traffic
 2093  volume, market demand, and costs for annual permit fees.
 2094  However, annual permit fees for sign locations inside an urban
 2095  area, as defined in s. 334.03(28) s. 334.03(32), may not exceed
 2096  $3,500, and annual permit fees for sign locations outside an
 2097  urban area, as defined in s. 334.03(28) s. 334.03(32), may not
 2098  exceed $2,000. After recovering program costs, the proceeds from
 2099  the annual permit fees shall be deposited into the State
 2100  Transportation Trust Fund and used for transportation purposes.
 2101         Section 39. Subsection (4) of section 310.002, Florida
 2102  Statutes, is amended to read:
 2103         310.002 Definitions.—As used in this chapter, except where
 2104  the context clearly indicates otherwise:
 2105         (4) “Port” means any place in the state into which vessels
 2106  enter or depart and includes, without limitation, Fernandina,
 2107  Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
 2108  Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
 2109  West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
 2110  Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
 2111  Carrabelle, Panama City, Port St. Joe, and Pensacola.
 2112         Section 40. Subsection (1) of section 311.09, Florida
 2113  Statutes, is amended to read:
 2114         311.09 Florida Seaport Transportation and Economic
 2115  Development Council.—
 2116         (1) The Florida Seaport Transportation and Economic
 2117  Development Council is created within the Department of
 2118  Transportation. The council consists of the following 18 17
 2119  members: the port director, or the port director’s designee, of
 2120  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 2121  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 2122  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 2123  West, and Fernandina; the secretary of the Department of
 2124  Transportation or his or her designee; the director of the
 2125  Office of Tourism, Trade, and Economic Development or his or her
 2126  designee; and the secretary of the Department of Community
 2127  Affairs or his or her designee.
 2128         Section 41. Subsection (3) of section 316.075, Florida
 2129  Statutes, is amended to read:
 2130         316.075 Traffic control signal devices.—
 2131         (3)(a) No traffic control signal device shall be used which
 2132  does not exhibit a yellow or “caution” light between the green
 2133  or “go” signal and the red or “stop” signal.
 2134         (b) No traffic control signal device shall display other
 2135  than the color red at the top of the vertical signal, nor shall
 2136  it display other than the color red at the extreme left of the
 2137  horizontal signal.
 2138         (c) The Department of Transportation shall establish
 2139  minimum yellow light change interval times for traffic control
 2140  devices. The minimum yellow light change interval time shall be
 2141  established in accordance with nationally recognized engineering
 2142  standards set forth in the Institute of Transportation Engineers
 2143  Traffic Engineering Handbook, and any such established time may
 2144  not be less than the recognized national standard.
 2145         Section 42. Present subsections (3) and (4) of section
 2146  316.0083, Florida Statutes, are renumbered as subsections (4)
 2147  and (5), respectively, and a new subsection (3) is added to that
 2148  section, to read:
 2149         316.0083 Mark Wandall Traffic Safety Program;
 2150  administration; report.—
 2151         (3) An affirmation indicating compliance with s. 316.075(3)
 2152  must accompany the notice of violation and a traffic citation.
 2153  Such affirmation is admissible in any proceeding to enforce this
 2154  section and raises a rebuttable presumption that the traffic
 2155  control signal device meets the requirements of s. 316.075(3).
 2156         Section 43. Section 316.2045, Florida Statutes, is
 2157  repealed.
 2158         Section 44. Section 316.2046, Florida Statutes, is created
 2159  to read:
 2160         316.2046 Obstruction of public streets, highways, and
 2161  roads.—
 2162         (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
 2163         (a) Ensuring public safety on public streets, highways, and
 2164  roads is an important and substantial state interest.
 2165         (b) Obstruction of the free flow of traffic on public
 2166  streets, highways, and roads endangers the public safety.
 2167         (c) Obtrusive and distracting activities that impede
 2168  pedestrian traffic adjacent to streets, highways, and roads can
 2169  also disrupt the free flow of traffic and endanger public
 2170  safety.
 2171         (d) Soliciting funds or engaging in a commercial exchange
 2172  with a person who is in a vehicle that is not stopped in a
 2173  driveway or designated parking area has the potential to
 2174  endanger the safe movement of vehicles.
 2175         (2) DEFINITIONS.—As used in this section, the term
 2176  “solicit” means to request employment, business, contributions,
 2177  donations, sales, or exchanges of any kind.
 2178         (3) PERMIT REQUIRED.—Where a permit is required by a
 2179  municipality or county, it is unlawful for any person, willfully
 2180  and without a permit, to solicit or obstruct the free,
 2181  convenient, and normal use of any public street, highway, or
 2182  road by standing or approaching motor vehicles while on or
 2183  immediately adjacent to the street, highway, or road in a manner
 2184  that could endanger the safe movement of vehicles or pedestrians
 2185  traveling thereon.
 2186         (a) Each county and municipality shall adopt a permitting
 2187  process that protects public safety but does not impair the
 2188  rights of free speech, except to the extent necessary to protect
 2189  public safety. The permitting process must authorize or deny a
 2190  permit within 2 business days. A permit application denial by a
 2191  county or municipality shall be in writing and be based on a
 2192  finding that the proposed activity:
 2193         1. Increases the likelihood of traffic accidents;
 2194         2. Violates traffic laws, rules, or ordinances;
 2195         3. Makes the sidewalk impassable for pedestrians; or
 2196         4. Significantly increases the likelihood of harm to
 2197  motorists and passersby.
 2198         (b)If the county or municipality approves the permit, it
 2199  must issue to the applicant a document specifying:
 2200         1. The name and address of the person or entity to whom the
 2201  permit is granted;
 2202         2. The name of the company the person represents, if any;
 2203  and
 2204         3. The expiration date of the permit.
 2205         (c) The permitholder must keep the permit on his or her
 2206  person at all times when engaging in activity authorized by the
 2207  permit.
 2208         (d) The cost of the permit may not exceed an amount that is
 2209  reasonably necessary to administer the permitting process.
 2210  However, a permit may not be denied to any applicant for lack of
 2211  financial means, as attested to by a signed affidavit.
 2212         (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
 2213  section, counties and municipalities have original jurisdiction
 2214  over non-limited access state roads, and local roads, streets,
 2215  and highways within their physical jurisdiction. Counties and
 2216  municipalities may increase the restrictions of the permit
 2217  program if those restrictions are narrowly tailored to serve an
 2218  important public purpose. A county or municipality may opt out
 2219  of the permit program by a majority vote of the members of the
 2220  county or municipal governing body. This section does not
 2221  preempt any existing ordinances, such as any ordinance requiring
 2222  a peddler’s license or similar type of authorization.
 2223         (5) EXCEPTIONS.—This section does not:
 2224         (a) Restrict a person from passively standing or sitting on
 2225  a public sidewalk and holding a sign if that person does not
 2226  obstruct the flow of vehicle or pedestrian traffic.
 2227         (b) Apply to any art festival, parade, fair, or other
 2228  special event permitted by the appropriate county or
 2229  municipality where the streets are blocked off from the normal
 2230  flow of traffic.
 2231         (c) Apply to:
 2232         1. Law enforcement officers carrying out their duties;
 2233         2.Emergency vehicles responding to an emergency or
 2234  possible emergency;
 2235         3.Mail-delivery vehicles;
 2236         4.Service vehicles performing work adjacent to the
 2237  roadway; and
 2238         5.Any commercial vehicle that is used solely for the
 2239  purpose of collecting solid waste or recyclable or recovered
 2240  materials and that is stopped for the sole purpose of collecting
 2241  solid waste or recyclable or recovered materials.
 2242         (6) VIOLATIONS.—Any person who violates the provisions of
 2243  this section, upon conviction, shall be cited for a pedestrian
 2244  violation, punishable as provided in chapter 318. An additional
 2245  $10 shall be added to the fine levied under chapter 318. Moneys
 2246  collected from this additional $10 fine shall be deposited into
 2247  the Grants and Donations Trust Fund of the Department of
 2248  Children and Family Services and used by the State Office on
 2249  Homelessness to supplement grants made under s. 420.622(4) and
 2250  (5).
 2251         (7) ENFORCEMENT.—The Department of Highway Safety and Motor
 2252  Vehicles and other law enforcement agencies are authorized and
 2253  directed to enforce this section.
 2254         Section 45. Section 316.2047, Florida Statutes, is created
 2255  to read:
 2256         316.2047Panhandling.—
 2257         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
 2258  panhandling, soliciting, or demanding money, gifts, or donations
 2259  may interfere with the safe ingress and egress of human and
 2260  vehicular traffic into public buildings, public areas, and
 2261  public transportation areas, thereby constituting a threat to
 2262  the public health, welfare, and safety of the citizenry. The
 2263  Legislature also finds that aggressive and fraudulent
 2264  panhandling are threats to public safety and personal security.
 2265         (2) DEFINITIONS.—As used in this section, the term:
 2266         (a) “Aggressive panhandling” means to knowingly request
 2267  money, gifts, or donations:
 2268         1. By unwanted touching, detaining, impeding, or
 2269  intimidation;
 2270         2. Under circumstances that warrant justifiable and
 2271  reasonable alarm or immediate concern for the safety of persons
 2272  or property in the vicinity;
 2273         3. By following the solicited person after that person has
 2274  made a negative response; or
 2275         4. By using obscene or abusive language or gestures that
 2276  are reasonably likely to intimidate or cause fear of bodily
 2277  harm.
 2278         (b) “False or misleading representation” means, without
 2279  limitation:
 2280         1. Stating that the donation is needed to meet a specific
 2281  need, when the solicitor already has sufficient funds to meet
 2282  that need and does not disclose that fact;
 2283         2.Stating that the solicitor is from out of town and
 2284  stranded, when such is not true;
 2285         3. Wearing a military uniform or other indication of
 2286  military service when the solicitor is not a present or former
 2287  member of the service indicated;
 2288         4. Wearing or displaying an indication of physical
 2289  disability, when the solicitor does not suffer the disability
 2290  indicated;
 2291         5. Using any makeup or device to simulate any deformity; or
 2292         6. Stating that the solicitor is homeless, when he or she
 2293  is not.
 2294         (c) “Fraudulent panhandling” means to knowingly make any
 2295  false or misleading representation in the course of soliciting a
 2296  donation.
 2297         (d) “Panhandling” means to:
 2298         1. Solicit, request, or beg for an immediate donation of
 2299  money or something else of value; or
 2300         2. Offer an individual an item of little or no monetary
 2301  value in exchange for money or another gratuity under
 2302  circumstances that would cause a reasonable individual to
 2303  understand that the transaction is only a donation.
 2304         (3)PROHIBITED ACTIVITY.—It is unlawful to:
 2305         (a)Engage in aggressive panhandling.
 2306         (b)Engage in panhandling:
 2307         1. Within 20 feet of a bus stop;
 2308         2. Within 20 feet of an automated teller machine or the
 2309  entrance to a bank;
 2310         3. While blocking the entrance to a building or motor
 2311  vehicle; or
 2312         4. In a parking garage owned or operated by a county, a
 2313  municipality, or an agency of the state or the Federal
 2314  Government.
 2315         (c) Engage in fraudulent panhandling.
 2316         (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
 2317  municipalities may increase the restrictions on panhandling if
 2318  those restrictions are nondiscriminatory and narrowly tailored
 2319  to serve an important public purpose. A county or municipality
 2320  may opt out of the provisions of this section by a majority vote
 2321  of the members of the county or municipal governing body. This
 2322  section does not preempt any existing ordinances that are
 2323  consistent with this section.
 2324         (5) VIOLATIONS; PENALTIES.—Any person who violates the
 2325  provisions of this section, upon conviction, shall be cited for
 2326  a pedestrian violation, punishable as provided in chapter 318.
 2327  An additional $10 shall be added to the fine levied under
 2328  chapter 318. Moneys collected from this additional $10 fine
 2329  shall be deposited into the Grants and Donations Trust Fund of
 2330  the Department of Children and Family Services and used by the
 2331  State Office on Homelessness to supplement grants made under s.
 2332  420.622(4) and (5).
 2333         (6) ENFORCEMENT.—The Department of Highway Safety and Motor
 2334  Vehicles and other law enforcement agencies are authorized and
 2335  directed to enforce this section.
 2336         Section 46. Subsection (5) of section 316.2068, Florida
 2337  Statutes, is amended to read:
 2338         316.2068 Electric personal assistive mobility devices;
 2339  regulations.—
 2340         (5) A county or municipality may prohibit the operation of
 2341  electric personal assistive mobility devices on any road,
 2342  street, sidewalk, or bicycle path under its jurisdiction if the
 2343  governing body of the county or municipality determines that
 2344  such a prohibition is necessary in the interest of safety.
 2345         Section 47. Paragraph (c) of subsection (2) of section
 2346  316.302, Florida Statutes, is amended to read:
 2347         316.302 Commercial motor vehicles; safety regulations;
 2348  transporters and shippers of hazardous materials; enforcement.—
 2349         (2)
 2350         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
 2351  operates a commercial motor vehicle solely in intrastate
 2352  commerce not transporting any hazardous material in amounts that
 2353  require placarding pursuant to 49 C.F.R. part 172 may not drive
 2354  after having been on duty more than 70 hours in any period of 7
 2355  consecutive days or more than 80 hours in any period of 8
 2356  consecutive days if the motor carrier operates every day of the
 2357  week. Thirty-four consecutive hours off duty shall constitute
 2358  the end of any such period of 7 or 8 consecutive days. This
 2359  weekly limit does not apply to a person who operates a
 2360  commercial motor vehicle solely within this state while
 2361  transporting, during harvest periods, any unprocessed
 2362  agricultural products or unprocessed food or fiber that is
 2363  subject to seasonal harvesting from place of harvest to the
 2364  first place of processing or storage or from place of harvest
 2365  directly to market or while transporting livestock, livestock
 2366  feed, or farm supplies directly related to growing or harvesting
 2367  agricultural products. Upon request of the Department of
 2368  Transportation, motor carriers shall furnish time records or
 2369  other written verification to that department so that the
 2370  Department of Transportation can determine compliance with this
 2371  subsection. These time records must be furnished to the
 2372  Department of Transportation within 2 days after receipt of that
 2373  department’s request. Falsification of such information is
 2374  subject to a civil penalty not to exceed $100. The provisions of
 2375  this paragraph do not apply to operators of farm labor vehicles
 2376  operated during a state of emergency declared by the Governor or
 2377  operated pursuant to s. 570.07(21), and do not apply to drivers
 2378  of utility service vehicles as defined in 49 C.F.R. s. 395.2.
 2379         Section 48. Subsection (26) of section 334.044, Florida
 2380  Statutes, is amended to read:
 2381         334.044 Department; powers and duties.—The department shall
 2382  have the following general powers and duties:
 2383         (26) To provide for the enhancement of environmental
 2384  benefits, including air and water quality; to prevent roadside
 2385  erosion; to conserve the natural roadside growth and scenery;
 2386  and to provide for the implementation and maintenance of
 2387  roadside conservation, enhancement, and stabilization programs.
 2388  No more less than 1.5 percent of the amount contracted for
 2389  construction projects that add capacity to the existing system
 2390  shall be allocated by the department for the purchase of plant
 2391  materials., with, To the greatest extent practical, a minimum of
 2392  50 percent of these funds shall be allocated for large plant
 2393  materials and the remaining funds for other plant materials. All
 2394  such plant materials shall be purchased from Florida commercial
 2395  nursery stock in this state on a uniform competitive bid basis.
 2396  The department will develop grades and standards for landscaping
 2397  materials purchased through this process. To accomplish these
 2398  activities, the department may contract with nonprofit
 2399  organizations having the primary purpose of developing youth
 2400  employment opportunities.
 2401         Section 49. Section 337.406, Florida Statutes, is amended
 2402  to read:
 2403         337.406 Unlawful use of state transportation facility
 2404  right-of-way; penalties.—
 2405         (1) Except when leased as provided in s. 337.25(5) or
 2406  otherwise authorized by the rules of the department, it is
 2407  unlawful to make any use of any limited access highway the
 2408  right-of-way of any state transportation facility, including
 2409  appendages thereto, outside of an incorporated municipality in
 2410  any manner that interferes with the safe and efficient movement
 2411  of people and property from place to place on the transportation
 2412  facility. Failure to prohibit the use of right-of-way in this
 2413  manner will endanger the health, safety, and general welfare of
 2414  the public by causing distractions to motorists, unsafe
 2415  pedestrian movement within travel lanes, sudden stoppage or
 2416  slowdown of traffic, rapid lane changing and other dangerous
 2417  traffic movement, increased vehicular accidents, and motorist
 2418  injuries and fatalities. Such prohibited uses include, but are
 2419  not limited to, the free distribution or sale, or display or
 2420  solicitation for free distribution or sale, of any merchandise,
 2421  goods, property or services; the solicitation for charitable
 2422  purposes; the servicing or repairing of any vehicle, except the
 2423  rendering of emergency service; the storage of vehicles being
 2424  serviced or repaired on abutting property or elsewhere; and the
 2425  display of advertising of any sort, except that any portion of a
 2426  state transportation facility may be used for an art festival,
 2427  parade, fair, or other special event if permitted by the
 2428  appropriate local governmental entity. Counties and
 2429  municipalities shall regulate the use of transportation
 2430  facilities within their jurisdiction, except limited access
 2431  highways, pursuant to s. 316.2046. The Department of
 2432  Transportation shall regulate the use of rest areas and welcome
 2433  centers as limited public forums that are provided to the public
 2434  for safety rest stops. Accordingly, the uses within these rest
 2435  areas and welcome centers may be limited. Local government
 2436  entities may issue permits of limited duration for the temporary
 2437  use of the right-of-way of a state transportation facility for
 2438  any of these prohibited uses if it is determined that the use
 2439  will not interfere with the safe and efficient movement of
 2440  traffic and the use will cause no danger to the public. The
 2441  permitting authority granted in this subsection shall be
 2442  exercised by the municipality within incorporated municipalities
 2443  and by the county outside an incorporated municipality. Before a
 2444  road on the State Highway System may be temporarily closed for a
 2445  special event, the local governmental entity which permits the
 2446  special event to take place must determine that the temporary
 2447  closure of the road is necessary and must obtain the prior
 2448  written approval for the temporary road closure from the
 2449  department. Nothing in this subsection shall be construed to
 2450  authorize such activities on any limited access highway. Local
 2451  governmental entities may, within their respective
 2452  jurisdictions, initiate enforcement action by the appropriate
 2453  code enforcement authority or law enforcement authority for a
 2454  violation of this section.
 2455         (2) Persons holding valid peddlers’ licenses issued by
 2456  appropriate governmental entities may make sales from vehicles
 2457  standing on the right-of-way to occupants of abutting property
 2458  only.
 2459         (2)(3) The Department of Highway Safety and Motor Vehicles
 2460  and other law enforcement agencies are authorized and directed
 2461  to enforce this statute.
 2462         (3)(4) Camping is prohibited on any portion of the right
 2463  of-way of the State Highway System that is within 100 feet of a
 2464  bridge, causeway, overpass, or ramp.
 2465         (4)(5) The violation of any provision of this section or
 2466  any rule promulgated by the department pursuant to this section
 2467  constitutes a misdemeanor of the second degree, punishable as
 2468  provided in s. 775.082 or s. 775.083, and each day a violation
 2469  continues to exist constitutes a separate offense.
 2470         Section 50. Subsections (1) and (4) of section 337.408,
 2471  Florida Statutes, are amended to read:
 2472         337.408 Regulation of bus stop benches, transit shelters,
 2473  street light poles, waste disposal receptacles, and modular news
 2474  racks within rights-of-way.—
 2475         (1) Benches or transit shelters, including advertising
 2476  displayed on benches or transit shelters, may be installed
 2477  within the right-of-way limits of any municipal, county, or
 2478  state road, except a limited access highway, provided that such
 2479  benches or transit shelters are for the comfort or convenience
 2480  of the general public or are at designated stops on official bus
 2481  routes and provided that written authorization has been given to
 2482  a qualified private supplier of such service by the municipal
 2483  government within whose incorporated limits such benches or
 2484  transit shelters are installed or by the county government
 2485  within whose unincorporated limits such benches or transit
 2486  shelters are installed. A municipality or county may authorize
 2487  the installation, without public bid, of benches and transit
 2488  shelters together with advertising displayed thereon within the
 2489  right-of-way limits of such roads. All installations shall be in
 2490  compliance with all applicable laws and rules including, without
 2491  limitation, the Americans with Disabilities Act. Municipalities
 2492  and counties shall indemnify, defend, and hold harmless the
 2493  department from any suits, actions, proceedings, claims, losses,
 2494  costs, charges, expenses, damages, liabilities, attorney’s fees,
 2495  and court costs relating to the installation, removal, or
 2496  relocation of such installations. Any contract for the
 2497  installation of benches or transit shelters or advertising on
 2498  benches or transit shelters which was entered into before April
 2499  8, 1992, without public bidding is ratified and affirmed. Such
 2500  benches or transit shelters may not interfere with right-of-way
 2501  preservation and maintenance. Any bench or transit shelter
 2502  located on a sidewalk within the right-of-way limits of any road
 2503  on the State Highway System or the county road system shall be
 2504  located so as to leave at least 36 inches of clearance for
 2505  pedestrians and persons in wheelchairs. Such clearance shall be
 2506  measured in a direction perpendicular to the centerline of the
 2507  road.
 2508         (4) The department has the authority to direct the
 2509  immediate relocation or removal of any bus stop bench, transit
 2510  shelter, waste disposal receptacle, public pay telephone, or
 2511  modular news rack that endangers life or property, or that is
 2512  otherwise not in compliance with applicable laws and rules,
 2513  except that transit bus benches that were placed in service
 2514  before April 1, 1992, are not required to comply with bench size
 2515  and advertising display size requirements established by the
 2516  department before March 1, 1992. If a municipality or county
 2517  fails to comply with the department’s direction, the department
 2518  shall remove the noncompliant installation, charge the cost of
 2519  the removal to the municipality or county, and may deduct or
 2520  offset such cost from any other funding available to the
 2521  municipality or county from the department. Any transit bus
 2522  bench that was in service before April 1, 1992, may be replaced
 2523  with a bus bench of the same size or smaller, if the bench is
 2524  damaged or destroyed or otherwise becomes unusable. The
 2525  department may adopt rules relating to the regulation of bench
 2526  size and advertising display size requirements. If a
 2527  municipality or county within which a bench is to be located has
 2528  adopted an ordinance or other applicable regulation that
 2529  establishes bench size or advertising display sign requirements
 2530  different from requirements specified in department rule, the
 2531  local government requirement applies within the respective
 2532  municipality or county. Placement of any bench or advertising
 2533  display on the National Highway System under a local ordinance
 2534  or regulation adopted under this subsection is subject to
 2535  approval of the Federal Highway Administration.
 2536         Section 51. Section 373.413, Florida Statutes, is amended
 2537  to read:
 2538         373.413 Permits for construction or alteration.—
 2539         (1) Except for the exemptions set forth herein, the
 2540  governing board or the department may require such permits and
 2541  impose such reasonable conditions as are necessary to assure
 2542  that the construction or alteration of any stormwater management
 2543  system, dam, impoundment, reservoir, appurtenant work, or works
 2544  will comply with the provisions of this part and applicable
 2545  rules promulgated thereto and will not be harmful to the water
 2546  resources of the district. The department or the governing board
 2547  may delineate areas within the district wherein permits may be
 2548  required.
 2549         (2) A person proposing to construct or alter a stormwater
 2550  management system, dam, impoundment, reservoir, appurtenant
 2551  work, or works subject to such permit shall apply to the
 2552  governing board or department for a permit authorizing such
 2553  construction or alteration. The application shall contain the
 2554  following:
 2555         (a) Name and address of the applicant.
 2556         (b) Name and address of the owner or owners of the land
 2557  upon which the works are to be constructed and a legal
 2558  description of such land.
 2559         (c) Location of the work.
 2560         (d) Sketches of construction pending tentative approval.
 2561         (e) Name and address of the person who prepared the plans
 2562  and specifications of construction.
 2563         (f) Name and address of the person who will construct the
 2564  proposed work.
 2565         (g) General purpose of the proposed work.
 2566         (h) Such other information as the governing board or
 2567  department may require.
 2568         (3) After receipt of an application for a permit, the
 2569  governing board or department shall publish notice of the
 2570  application by sending a notice to any persons who have filed a
 2571  written request for notification of any pending applications
 2572  affecting the particular designated area. Such notice may be
 2573  sent by regular mail. The notice shall contain the name and
 2574  address of the applicant; a brief description of the proposed
 2575  activity, including any mitigation; the location of the proposed
 2576  activity, including whether it is located within an Outstanding
 2577  Florida Water or aquatic preserve; a map identifying the
 2578  location of the proposed activity subject to the application; a
 2579  depiction of the proposed activity subject to the application; a
 2580  name or number identifying the application and the office where
 2581  the application can be inspected; and any other information
 2582  required by rule.
 2583         (4) In addition to the notice required by subsection (3),
 2584  the governing board or department may publish, or require an
 2585  applicant to publish at the applicant’s expense, in a newspaper
 2586  of general circulation within the affected area, a notice of
 2587  receipt of the application and a notice of intended agency
 2588  action. This subsection does not limit the discretionary
 2589  authority of the department or the governing board of a water
 2590  management district to publish, or to require an applicant to
 2591  publish at the applicant’s expense, any notice under this
 2592  chapter. The governing board or department shall also provide
 2593  notice of this intended agency action to the applicant and to
 2594  persons who have requested a copy of the intended agency action
 2595  for that specific application.
 2596         (5) The governing board or department may charge a
 2597  subscription fee to any person who has filed a written request
 2598  for notification of any pending applications to cover the cost
 2599  of duplication and mailing charges.
 2600         (6)It is the intent of the Legislature that the governing
 2601  board or department exercise flexibility in the permitting of
 2602  stormwater management systems associated with the construction
 2603  or alteration of systems serving state transportation projects
 2604  and facilities. Because of the unique limitations of linear
 2605  facilities, the governing board or department shall balance the
 2606  expenditure of public funds for stormwater treatment for state
 2607  transportation projects and facilities and the treatment
 2608  objectives to be achieved. In consideration thereof, the
 2609  governing board or department shall allow alternatives to onsite
 2610  treatment, including, but not limited to, regional stormwater
 2611  treatment systems. The Department of Transportation is not
 2612  responsible for the abatement of pollutants and flows entering
 2613  its stormwater management systems from offsite; however, this
 2614  subsection does not prohibit the Department of Transportation
 2615  from receiving and managing such pollutants and flows when it is
 2616  found to be cost-effective and prudent. Further, in association
 2617  with right-of-way acquisition for state transportation projects,
 2618  the Department of Transportation is responsible for providing
 2619  stormwater treatment and attenuation for additional right-of
 2620  way, but is not responsible for modifying permits of adjacent
 2621  lands when it is not the permittee. To accomplish this, the
 2622  governing board or department shall adopt rules for these
 2623  activities.
 2624         Section 52. Subsections (1), (2), (3), (4), and (5) of
 2625  section 373.4137, Florida Statutes, are amended to read:
 2626         373.4137 Mitigation requirements for specified
 2627  transportation projects.—
 2628         (1) The Legislature finds that environmental mitigation for
 2629  the impact of transportation projects proposed by the Department
 2630  of Transportation or a transportation authority established
 2631  pursuant to chapter 348 or chapter 349 can be more effectively
 2632  achieved by regional, long-range mitigation planning rather than
 2633  on a project-by-project basis. It is the intent of the
 2634  Legislature that mitigation to offset the adverse effects of
 2635  these transportation projects be funded by the Department of
 2636  Transportation and be carried out by the water management
 2637  districts, including the use of mitigation banks and any other
 2638  mitigation options that satisfy state and federal requirements
 2639  established pursuant to this part.
 2640         (2) Environmental impact inventories for transportation
 2641  projects proposed by the Department of Transportation or a
 2642  transportation authority established pursuant to chapter 348 or
 2643  chapter 349 shall be developed as follows:
 2644         (a) By July 1 of each year, the Department of
 2645  Transportation or a transportation authority established
 2646  pursuant to chapter 348 or chapter 349 which chooses to
 2647  participate in this program shall submit to the water management
 2648  districts a list copy of its projects in the adopted work
 2649  program and an environmental impact inventory of habitats
 2650  addressed in the rules adopted pursuant to this part and s. 404
 2651  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
 2652  by its plan of construction for transportation projects in the
 2653  next 3 years of the tentative work program. The Department of
 2654  Transportation or a transportation authority established
 2655  pursuant to chapter 348 or chapter 349 may also include in its
 2656  environmental impact inventory the habitat impacts of any future
 2657  transportation project. The Department of Transportation and
 2658  each transportation authority established pursuant to chapter
 2659  348 or chapter 349 may fund any mitigation activities for future
 2660  projects using current year funds.
 2661         (b) The environmental impact inventory shall include a
 2662  description of these habitat impacts, including their location,
 2663  acreage, and type; state water quality classification of
 2664  impacted wetlands and other surface waters; any other state or
 2665  regional designations for these habitats; and a list survey of
 2666  threatened species, endangered species, and species of special
 2667  concern affected by the proposed project.
 2668         (3)(a) To fund development and implementation of the
 2669  mitigation plan for the projected impacts identified in the
 2670  environmental impact inventory described in subsection (2), the
 2671  Department of Transportation shall identify funds quarterly in
 2672  an escrow account within the State Transportation Trust Fund for
 2673  the environmental mitigation phase of projects budgeted by the
 2674  Department of Transportation for the current fiscal year. The
 2675  escrow account shall be maintained by the Department of
 2676  Transportation for the benefit of the water management
 2677  districts. Any interest earnings from the escrow account shall
 2678  remain with the Department of Transportation.
 2679         (b) Each transportation authority established pursuant to
 2680  chapter 348 or chapter 349 that chooses to participate in this
 2681  program shall create an escrow account within its financial
 2682  structure and deposit funds in the account to pay for the
 2683  environmental mitigation phase of projects budgeted for the
 2684  current fiscal year. The escrow account shall be maintained by
 2685  the authority for the benefit of the water management districts.
 2686  Any interest earnings from the escrow account shall remain with
 2687  the authority.
 2688         (c) Except for current mitigation projects in the
 2689  monitoring and maintenance phase and except as allowed by
 2690  paragraph (d), the water management districts may request a
 2691  transfer of funds from an escrow account no sooner than 30 days
 2692  prior to the date the funds are needed to pay for activities
 2693  associated with development or implementation of the approved
 2694  mitigation plan described in subsection (4) for the current
 2695  fiscal year, including, but not limited to, design, engineering,
 2696  production, and staff support. Actual conceptual plan
 2697  preparation costs incurred before plan approval may be submitted
 2698  to the Department of Transportation or the appropriate
 2699  transportation authority each year with the plan. The conceptual
 2700  plan preparation costs of each water management district will be
 2701  paid from mitigation funds associated with the environmental
 2702  impact inventory for the current year. The amount transferred to
 2703  the escrow accounts each year by the Department of
 2704  Transportation and participating transportation authorities
 2705  established pursuant to chapter 348 or chapter 349 shall
 2706  correspond to a cost per acre of $75,000 multiplied by the
 2707  projected acres of impact identified in the environmental impact
 2708  inventory described in subsection (2). However, the $75,000 cost
 2709  per acre does not constitute an admission against interest by
 2710  the state or its subdivisions nor is the cost admissible as
 2711  evidence of full compensation for any property acquired by
 2712  eminent domain or through inverse condemnation. Each July 1, the
 2713  cost per acre shall be adjusted by the percentage change in the
 2714  average of the Consumer Price Index issued by the United States
 2715  Department of Labor for the most recent 12-month period ending
 2716  September 30, compared to the base year average, which is the
 2717  average for the 12-month period ending September 30, 1996. Each
 2718  quarter, the projected acreage of impact shall be reconciled
 2719  with the acreage of impact of projects as permitted, including
 2720  permit modifications, pursuant to this part and s. 404 of the
 2721  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
 2722  of funds shall be adjusted accordingly to reflect the acreage of
 2723  impacts as permitted. The Department of Transportation and
 2724  participating transportation authorities established pursuant to
 2725  chapter 348 or chapter 349 are authorized to transfer such funds
 2726  from the escrow accounts to the water management districts to
 2727  carry out the mitigation programs. Environmental mitigation
 2728  funds that are identified or maintained in an escrow account for
 2729  the benefit of a water management district may be released if
 2730  the associated transportation project is excluded in whole or
 2731  part from the mitigation plan. For a mitigation project that is
 2732  in the maintenance and monitoring phase, the water management
 2733  district may request and receive a one-time payment based on the
 2734  project’s expected future maintenance and monitoring costs. Upon
 2735  disbursement of the final maintenance and monitoring payment,
 2736  the obligation of the department or the participating
 2737  transportation authority is satisfied, the water management
 2738  district has the continuing responsibility for the mitigation
 2739  project, and the escrow account for the project established by
 2740  the Department of Transportation or the participating
 2741  transportation authority may be closed. Any interest earned on
 2742  these disbursed funds shall remain with the water management
 2743  district and must be used as authorized under this section.
 2744         (d) Beginning in the 2005-2006 fiscal year, each water
 2745  management district shall be paid a lump-sum amount of $75,000
 2746  per acre, adjusted as provided under paragraph (c), for
 2747  federally funded transportation projects that are included on
 2748  the environmental impact inventory and that have an approved
 2749  mitigation plan. Beginning in the 2009-2010 fiscal year, each
 2750  water management district shall be paid a lump-sum amount of
 2751  $75,000 per acre, adjusted as provided under paragraph (c), for
 2752  federally funded and nonfederally funded transportation projects
 2753  that have an approved mitigation plan. All mitigation costs,
 2754  including, but not limited to, the costs of preparing conceptual
 2755  plans and the costs of design, construction, staff support,
 2756  future maintenance, and monitoring the mitigated acres shall be
 2757  funded through these lump-sum amounts.
 2758         (4) Prior to March 1 of each year, each water management
 2759  district, in consultation with the Department of Environmental
 2760  Protection, the United States Army Corps of Engineers, the
 2761  Department of Transportation, participating transportation
 2762  authorities established pursuant to chapter 348 or chapter 349,
 2763  and other appropriate federal, state, and local governments, and
 2764  other interested parties, including entities operating
 2765  mitigation banks, shall develop a plan for the primary purpose
 2766  of complying with the mitigation requirements adopted pursuant
 2767  to this part and 33 U.S.C. s. 1344. In developing such plans,
 2768  the districts shall utilize sound ecosystem management practices
 2769  to address significant water resource needs and shall focus on
 2770  activities of the Department of Environmental Protection and the
 2771  water management districts, such as surface water improvement
 2772  and management (SWIM) projects and lands identified for
 2773  potential acquisition for preservation, restoration or
 2774  enhancement, and the control of invasive and exotic plants in
 2775  wetlands and other surface waters, to the extent that such
 2776  activities comply with the mitigation requirements adopted under
 2777  this part and 33 U.S.C. s. 1344. In determining the activities
 2778  to be included in such plans, the districts shall also consider
 2779  the purchase of credits from public or private mitigation banks
 2780  permitted under s. 373.4136 and associated federal authorization
 2781  and shall include such purchase as a part of the mitigation plan
 2782  when such purchase would offset the impact of the transportation
 2783  project, provide equal benefits to the water resources than
 2784  other mitigation options being considered, and provide the most
 2785  cost-effective mitigation option. The mitigation plan shall be
 2786  submitted to the water management district governing board, or
 2787  its designee, for review and approval. At least 14 days prior to
 2788  approval, the water management district shall provide a copy of
 2789  the draft mitigation plan to any person who has requested a
 2790  copy.
 2791         (a) For each transportation project with a funding request
 2792  for the next fiscal year, the mitigation plan must include a
 2793  brief explanation of why a mitigation bank was or was not chosen
 2794  as a mitigation option, including an estimation of identifiable
 2795  costs of the mitigation bank and nonbank options to the extent
 2796  practicable.
 2797         (b) Specific projects may be excluded from the mitigation
 2798  plan, in whole or in part, and are shall not be subject to this
 2799  section upon the election agreement of the Department of
 2800  Transportation, or a transportation authority, if applicable, or
 2801  and the appropriate water management district that the inclusion
 2802  of such projects would hamper the efficiency or timeliness of
 2803  the mitigation planning and permitting process. The water
 2804  management district may choose to exclude a project in whole or
 2805  in part if the district is unable to identify mitigation that
 2806  would offset impacts of the project.
 2807         (5) The water management district shall ensure be
 2808  responsible for ensuring that mitigation requirements pursuant
 2809  to 33 U.S.C. s. 1344 are met for the impacts identified in the
 2810  environmental impact inventory described in subsection (2), by
 2811  implementation of the approved plan described in subsection (4)
 2812  to the extent funding is provided by the Department of
 2813  Transportation, or a transportation authority established
 2814  pursuant to chapter 348 or chapter 349, if applicable. During
 2815  the federal permitting process, the water management district
 2816  may deviate from the approved mitigation plan in order to comply
 2817  with federal permitting requirements.
 2818         Section 53. Paragraph (c) of subsection (1) of section
 2819  374.976, Florida Statutes, is amended to read:
 2820         374.976 Authority to address impacts of waterway
 2821  development projects.—
 2822         (1) Each inland navigation district is empowered and
 2823  authorized to undertake programs intended to alleviate the
 2824  problems associated with its waterway or waterways, including,
 2825  but not limited to, the following:
 2826         (c) The district is authorized to aid and cooperate with
 2827  the Federal Government; state; member counties; nonmember
 2828  counties that contain any part of the intracoastal waterway
 2829  within their boundaries; navigation districts; the seaports of
 2830  Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
 2831  Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
 2832  Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
 2833  Fernandina; and local governments within the district in
 2834  planning and carrying out public navigation, local and regional
 2835  anchorage management, beach renourishment, public recreation,
 2836  inlet management, environmental education, and boating safety
 2837  projects, directly related to the waterways. The district is
 2838  also authorized to enter into cooperative agreements with the
 2839  United States Army Corps of Engineers, state, and member
 2840  counties, and to covenant in any such cooperative agreement to
 2841  pay part of the costs of acquisition, planning, development,
 2842  construction, reconstruction, extension, improvement, operation,
 2843  and maintenance of such projects.
 2844         Section 54. Subsection (9) of section 403.021, Florida
 2845  Statutes, is amended to read:
 2846         403.021 Legislative declaration; public policy.—
 2847         (9)(a) The Legislature finds and declares that it is
 2848  essential to preserve and maintain authorized water depth in the
 2849  existing navigation channels, port harbors, turning basins, and
 2850  harbor berths of this state in order to provide for the
 2851  continued safe navigation of deepwater shipping commerce. The
 2852  department shall recognize that maintenance of authorized water
 2853  depths consistent with port master plans developed pursuant to
 2854  s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
 2855  necessary activity that is in the public interest; and it shall
 2856  develop a regulatory process that shall enable the ports of this
 2857  state to conduct such activities in an environmentally sound,
 2858  safe, expeditious, and cost-efficient manner. It is the further
 2859  intent of the Legislature that the permitting and enforcement of
 2860  dredging, dredged-material management, and other related
 2861  activities for Florida’s deepwater ports pursuant to this
 2862  chapter and chapters 161, 253, and 373 shall be consolidated
 2863  within the department’s Division of Water Resource Management
 2864  and, with the concurrence of the affected deepwater port or
 2865  ports, may be administered by a district office of the
 2866  department or delegated to an approved local environmental
 2867  program.
 2868         (b) The provisions of paragraph (a) apply only to the port
 2869  waters, dredged-material management sites, port harbors,
 2870  navigation channels, turning basins, and harbor berths used for
 2871  deepwater commercial navigation in the ports of Jacksonville,
 2872  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
 2873  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
 2874  Petersburg, Pensacola, Fernandina, and Key West.
 2875         Section 55. Subsection (26) of section 403.061, Florida
 2876  Statutes, is amended to read:
 2877         403.061 Department; powers and duties.—The department shall
 2878  have the power and the duty to control and prohibit pollution of
 2879  air and water in accordance with the law and rules adopted and
 2880  promulgated by it and, for this purpose, to:
 2881         (26)(a) Develop standards and criteria for waters used for
 2882  deepwater shipping which standards and criteria consider
 2883  existing water quality; appropriate mixing zones and other
 2884  requirements for maintenance dredging in previously constructed
 2885  deepwater navigation channels, port harbors, turning basins, or
 2886  harbor berths; and appropriate mixing zones for disposal of
 2887  spoil material from dredging and, where necessary, develop a
 2888  separate classification for such waters. Such classification,
 2889  standards, and criteria shall recognize that the present
 2890  dedicated use of these waters is for deepwater commercial
 2891  navigation.
 2892         (b) The provisions of paragraph (a) apply only to the port
 2893  waters, spoil disposal sites, port harbors, navigation channels,
 2894  turning basins, and harbor berths used for deepwater commercial
 2895  navigation in the ports of Jacksonville, Tampa, Port Everglades,
 2896  Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
 2897  Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
 2898  Florida Power Corporation’s Crystal River Canal, Boca Grande,
 2899  Green Cove Springs, and Pensacola.
 2900  
 2901  The department shall implement such programs in conjunction with
 2902  its other powers and duties and shall place special emphasis on
 2903  reducing and eliminating contamination that presents a threat to
 2904  humans, animals or plants, or to the environment.
 2905         Section 56. Subsection (3) of section 403.813, Florida
 2906  Statutes, is amended to read:
 2907         403.813 Permits issued at district centers; exceptions.—
 2908         (3) For maintenance dredging conducted under this section
 2909  by the seaports of Jacksonville, Port Canaveral, Port Citrus,
 2910  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 2911  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 2912  West, and Fernandina or by inland navigation districts:
 2913         (a) A mixing zone for turbidity is granted within a 150
 2914  meter radius from the point of dredging while dredging is
 2915  ongoing, except that the mixing zone may not extend into areas
 2916  supporting wetland communities, submerged aquatic vegetation, or
 2917  hardbottom communities.
 2918         (b) The discharge of the return water from the site used
 2919  for the disposal of dredged material shall be allowed only if
 2920  such discharge does not result in a violation of water quality
 2921  standards in the receiving waters. The return-water discharge
 2922  into receiving waters shall be granted a mixing zone for
 2923  turbidity within a 150-meter radius from the point of discharge
 2924  during and immediately after the dredging, except that the
 2925  mixing zone may not extend into areas supporting wetland
 2926  communities, submerged aquatic vegetation, or hardbottom
 2927  communities.
 2928         (c) The state may not exact a charge for material that this
 2929  subsection allows a public port or an inland navigation district
 2930  to remove.
 2931         (d) The use of flocculants at the site used for disposal of
 2932  the dredged material is allowed if the use, including supporting
 2933  documentation, is coordinated in advance with the department and
 2934  the department has determined that the use is not harmful to
 2935  water resources.
 2936         (e) This subsection does not prohibit maintenance dredging
 2937  of areas where the loss of original design function and
 2938  constructed configuration has been caused by a storm event,
 2939  provided that the dredging is performed as soon as practical
 2940  after the storm event. Maintenance dredging that commences
 2941  within 3 years after the storm event shall be presumed to
 2942  satisfy this provision. If more than 3 years are needed to
 2943  commence the maintenance dredging after the storm event, a
 2944  request for a specific time extension to perform the maintenance
 2945  dredging shall be submitted to the department, prior to the end
 2946  of the 3-year period, accompanied by a statement, including
 2947  supporting documentation, demonstrating that contractors are not
 2948  available or that additional time is needed to obtain
 2949  authorization for the maintenance dredging from the United
 2950  States Army Corps of Engineers.
 2951         Section 57. Section 403.816, Florida Statutes, is amended
 2952  to read:
 2953         403.816 Permits for maintenance dredging of deepwater ports
 2954  and beach restoration projects.—
 2955         (1) The department shall establish a permit system under
 2956  this chapter and chapter 253 which provides for the performance,
 2957  for up to 25 years from the issuance of the original permit, of
 2958  maintenance dredging of permitted navigation channels, port
 2959  harbors, turning basins, harbor berths, and beach restoration
 2960  projects approved pursuant to chapter 161. However, permits
 2961  issued for dredging river channels which are not a part of a
 2962  deepwater port shall be valid for no more than five years. No
 2963  charge shall be exacted by the state for material removed during
 2964  such maintenance dredging by a public port authority.
 2965         (2) The provisions of s. 253.77 do not apply to a permit
 2966  for maintenance dredging and spoil site approval when there is
 2967  no change in the size or location of the spoil disposal site and
 2968  when the applicant provides documentation to the department that
 2969  the appropriate lease, easement, or consent of use for the
 2970  project site issued pursuant to chapter 253 is recorded in the
 2971  county where the project is located.
 2972         (3) The provisions of this section relating to ports apply
 2973  only to the port waters, spoil disposal sites, port harbors,
 2974  navigation channels, turning basins, and harbor berths used for
 2975  deepwater commercial navigation in the ports of Jacksonville,
 2976  Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
 2977  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
 2978  Petersburg, Port Bartow, Florida Power Corporation’s Crystal
 2979  River Canal, Boca Grande, Green Cove Springs, and Pensacola.
 2980         Section 58. Section 479.106, Florida Statutes, is amended
 2981  to read:
 2982         479.106 Vegetation management.—
 2983         (1) The removal, cutting, or trimming of trees or
 2984  vegetation on public right-of-way to make visible or to ensure
 2985  future visibility of the facing of a proposed sign or previously
 2986  permitted sign shall be performed only with the written
 2987  permission of the department in accordance with the provisions
 2988  of this section.
 2989         (2) Any person desiring to engage in the removal, cutting,
 2990  or trimming of trees or vegetation for the purposes herein
 2991  described shall apply for an appropriate permit by make written
 2992  application to the department. The application for a permit
 2993  shall include at the election of the applicant, one of the
 2994  following:
 2995         (a) A vegetation management plan consisting of a property
 2996  sketch indicating the onsite location of the vegetation or
 2997  individual trees to be removed, cut, or trimmed and describing
 2998  the existing conditions and proposed work to be accomplished.
 2999         (b) Mitigation contribution to the Federal Grants Trust
 3000  Fund pursuant to s. 589.277(2) using values of a wholesale plant
 3001  nursery registered with the Division of Plant Industry of the
 3002  Department of Agriculture and Consumer Services.
 3003         (c) A combination of both a vegetation management plan and
 3004  mitigation contribution the applicant’s plan for the removal,
 3005  cutting, or trimming and for the management of any vegetation
 3006  planted as part of a mitigation plan.
 3007         (3) In evaluating a vegetation management plan or
 3008  mitigation contribution, the department As a condition of any
 3009  removal of trees or vegetation, and where the department deems
 3010  appropriate as a condition of any cutting or trimming, the
 3011  department may require a vegetation management plan, approved by
 3012  the department, which considers conservation and mitigation, or
 3013  contribution to a plan of mitigation, for the replacement of
 3014  such vegetation. Each plan or contribution shall reasonably
 3015  evaluate the application as it relates relate to the vegetation
 3016  being affected by the application, taking into consideration the
 3017  condition of such vegetation, and, where appropriate, may
 3018  require a vegetation management plan to consider conservation
 3019  and mitigation, or contribution to a plan of mitigation, for the
 3020  cutting or removal of such vegetation. The department may
 3021  approve shall include plantings that which will allow reasonable
 3022  visibility of sign facings while screening sign structural
 3023  supports. Only herbicides approved by the Department of
 3024  Agriculture and Consumer Services may be used in the removal of
 3025  vegetation. The department shall act on the application for
 3026  approval of vegetation management plans, or approval of
 3027  mitigation contribution, within 30 days after receipt of such
 3028  application. A permit issued in response to such application is
 3029  valid for 5 years, may be renewed for an additional 5 years by
 3030  payment of the applicable application fee, and is binding upon
 3031  the department. The department may establish special mitigation
 3032  programs for the beautification and aesthetic improvement of
 3033  designated areas and permit individual applicants to contribute
 3034  to such programs as a part or in lieu of other mitigation
 3035  requirements.
 3036         (4) The department may establish an application fee not to
 3037  exceed $25 for each individual application to defer the costs of
 3038  processing such application and a fee not to exceed $200 to
 3039  defer the costs of processing an application for multiple sites.
 3040         (5) The department may only grant a permit pursuant to s.
 3041  479.07 for a new sign which requires the removal, cutting, or
 3042  trimming of existing trees or vegetation on public right-of-way
 3043  for the sign face to be visible from the highway when the sign
 3044  owner has removed one at least two nonconforming sign signs of
 3045  approximate comparable size and surrendered the permits for the
 3046  nonconforming signs to the department for cancellation. For
 3047  signs originally permitted after July 1, 1996, no permit for the
 3048  removal, cutting, or trimming of trees or vegetation shall be
 3049  granted where such trees or vegetation are part of a
 3050  beautification project implemented prior to the date of the
 3051  original sign permit application, when the beautification
 3052  project is specifically identified in the department’s
 3053  construction plans, permitted landscape projects, or agreements.
 3054         (6) As a minimum, view zones shall be established along the
 3055  public rights-of-way of interstate highways, expressways,
 3056  federal-aid primary highways, and the State Highway System in
 3057  the state, excluding privately or other publicly owned property,
 3058  as follows:
 3059         (a) A view zone of 350 feet for posted speed limits of 35
 3060  miles per hour or less.
 3061         (b) A view zone of 500 feet for posted speed limits of more
 3062  than 35 miles per hour.
 3063  
 3064  The established view zone shall be within the first 1,000 feet
 3065  measured along the edge of the pavement in the direction of
 3066  approaching traffic from a point on the edge of the pavement
 3067  perpendicular to the edge of the sign facing nearest the highway
 3068  and shall be continuous unless interrupted by vegetation that
 3069  has established historical significance, is protected by state
 3070  law, or has a circumference, measured at 4 and 1/2 feet above
 3071  grade, is equal to or greater than 70 percent of the
 3072  circumference of the Florida Champion of the same species as
 3073  listed in the Florida Register of Big Trees of the Florida
 3074  Native Plant Society. The sign owner may designate the specific
 3075  location of the view zone for each sign facing. In the absence
 3076  of such designation, the established view zone shall be measured
 3077  from the sign along the edge of the pavement in the direction of
 3078  approaching traffic as provided in this subsection.
 3079         (7)(6) Beautification projects, trees, or other vegetation
 3080  shall not be planted or located in the view zone of legally
 3081  erected and permitted outdoor advertising signs which have been
 3082  permitted prior to the date of the beautification project or
 3083  other planting, where such planting will, at the time of
 3084  planting or after future growth, screen such sign from view. The
 3085  department shall provide written notice to the owner not less
 3086  than 90 days before commencing a beautification project or other
 3087  vegetation planting that may affect a sign, allowing such owner
 3088  not less than 60 days to designate the specific location of the
 3089  view zone of such affected sign. A sign owner is not required to
 3090  prepare a vegetation management plan or secure a vegetation
 3091  management permit for the implementation of beautification
 3092  projects.
 3093         (a) View zones are established along the public rights-of
 3094  way of interstate highways, expressways, federal-aid primary
 3095  highways, and the State Highway System in the state, excluding
 3096  privately or other publicly owned property, as follows:
 3097         1. A view zone of 350 feet for posted speed limits of 35
 3098  miles per hour or less.
 3099         2. A view zone of 500 feet for posted speed limits of over
 3100  35 miles per hour.
 3101         (b) The established view zone shall be within the first
 3102  1,000 feet measured along the edge of the pavement in the
 3103  direction of approaching traffic from a point on the edge of the
 3104  pavement perpendicular to the edge of the sign facing nearest
 3105  the highway and shall be continuous unless interrupted by
 3106  existing, naturally occurring vegetation. The department and the
 3107  sign owner may enter into an agreement identifying the specific
 3108  location of the view zone for each sign facing. In the absence
 3109  of such agreement, the established view zone shall be measured
 3110  from the sign along the edge of the pavement in the direction of
 3111  approaching traffic as provided in this subsection.
 3112         (a)(c) If a sign owner alleges any governmental entity or
 3113  other party has violated this subsection, the sign owner must
 3114  provide 90 days’ written notice to the governmental entity or
 3115  other party allegedly violating this subsection. If the alleged
 3116  violation is not cured by the governmental entity or other party
 3117  within the 90-day period, the sign owner may file a claim in the
 3118  circuit court where the sign is located. A copy of such
 3119  complaint shall be served contemporaneously upon the
 3120  governmental entity or other party. If the circuit court
 3121  determines a violation of this subsection has occurred, the
 3122  court shall award a claim for compensation equal to the lesser
 3123  of the revenue from the sign lost during the time of screening
 3124  or the fair market value of the sign, and the governmental
 3125  entity or other party shall pay the award of compensation
 3126  subject to available appeal. Any modification or removal of
 3127  material within a beautification project or other planting by
 3128  the governmental entity or other party to cure an alleged
 3129  violation shall not require the issuance of a permit from the
 3130  Department of Transportation provided not less than 48 hours’
 3131  notice is provided to the department of the modification or
 3132  removal of the material. A natural person, private corporation,
 3133  or private partnership licensed under part II of chapter 481
 3134  providing design services for beautification or other projects
 3135  shall not be subject to a claim of compensation under this
 3136  section when the initial project design meets the requirements
 3137  of this section.
 3138         (b)(d) This subsection shall not apply to the provisions of
 3139  any existing written agreement executed before July 1, 2006,
 3140  between any local government and the owner of an outdoor
 3141  advertising sign.
 3142         (8)(7) Any person engaging in removal, cutting, or trimming
 3143  of trees or vegetation in violation of this section or
 3144  benefiting from such actions shall be subject to an
 3145  administrative penalty of up to $1,000 and required to mitigate
 3146  for the unauthorized removal, cutting, or trimming in such
 3147  manner and in such amount as may be required under the rules of
 3148  the department.
 3149         (9)(8) The intent of this section is to create partnering
 3150  relationships which will have the effect of improving the
 3151  appearance of Florida’s highways and creating a net increase in
 3152  the vegetative habitat along the roads. Department rules shall
 3153  encourage the use of plants which are low maintenance and native
 3154  to the general region in which they are planted.
 3155         Section 59. Subsections (16), (17), and (18) are added to
 3156  section 479.16, Florida Statutes, to read:
 3157         479.16 Signs for which permits are not required.—The
 3158  following signs are exempt from the requirement that a permit
 3159  for a sign be obtained under the provisions of this chapter but
 3160  are required to comply with the provisions of s. 479.11(4)-(8):
 3161         (16)Signs erected under the local tourist-oriented
 3162  commerce program signs pilot program under s. 479.263.
 3163         (17)Signs not in excess of 32 square feet placed
 3164  temporarily during harvest season of a farm operation for a
 3165  period of no more than 4 months at a road junction with the
 3166  State Highway System denoting only the distance or direction of
 3167  the farm operation. The temporary farm operation harvest sign
 3168  provision under this subsection may not be implemented if the
 3169  Federal Government notifies the department that implementation
 3170  will adversely affect the allocation of federal funds to the
 3171  department.
 3172         (18) Signs that promote the official sponsor of an event,
 3173  sports team, exhibition, or facility in connection with the
 3174  operation of a publicly owned and privately operated
 3175  professional sport and entertainment venue fronting on a federal
 3176  aid primary highway. This subsection is null and void if the
 3177  Federal Government notifies the department in writing that such
 3178  application will adversely affect the allocation of federal
 3179  funds to the department.
 3180         Section 60. Section 479.263, Florida Statutes, is created
 3181  to read:
 3182         479.263 Tourist-oriented commerce signs pilot program.—The
 3183  local tourist-oriented commerce signs pilot program is created
 3184  in rural areas of critical economic concern as defined by s.
 3185  288.0656(2)(d) and (e). Signs erected under this program do not
 3186  require a permit under this chapter.
 3187         (1) A local tourist-oriented business that is a small
 3188  business as defined in s. 288.703 may erect a sign that meets
 3189  the following criteria:
 3190         (a) The signs are not more than 8 square feet in size or
 3191  more than 4 feet in height.
 3192         (b) The signs are located only in rural areas along
 3193  highways that are not limited access highways.
 3194         (c) The signs are located within 2 miles of the business
 3195  location and not less than 500 feet apart.
 3196         (d) The advertising copy on the signs consists only of the
 3197  name of the business or the principal or accessory merchandise
 3198  or services sold or furnished on the premises of the business.
 3199         (2) A business placing such signs under this section:
 3200         (a) Must be a minimum of 4 miles from any other business
 3201  placing signs under this program.
 3202         (b) May not participate in the logo sign program authorized
 3203  under s. 479.261 or the tourist-oriented directional sign
 3204  program authorized under s. 479.262.
 3205         (3)Businesses that are conducted in a building principally
 3206  used as a residence are not eligible to participate.
 3207         (4) Each business utilizing this program shall notify the
 3208  department in writing of its intent to do so prior to placing
 3209  signs. The department shall maintain statistics of the
 3210  businesses participating in the program. This program shall not
 3211  take effect if the Federal Highway Administration advises the
 3212  department in writing that implementation constitutes a loss of
 3213  effective control of outdoor advertising.
 3214         (5) This section expires June 30, 2016.
 3215         Section 61. (1)As used in this section, the term:
 3216         (a)“License” includes any certificate, permit, medallion,
 3217  or other evidence that authorizes a person to operate a public
 3218  vehicle for hire within the geographic boundaries of a
 3219  governmental unit.
 3220         (b)“Governmental unit” includes a county, municipality,
 3221  special district, commission, or other unit of state or local
 3222  government.
 3223         (2)Any governmental unit that is authorized to regulate
 3224  the operation of public vehicles for hire within its geographic
 3225  boundaries may adopt ordinances, rules, regulations, orders, or
 3226  other acts that create a private property right or interest in a
 3227  license to operate a public vehicle for hire within the
 3228  geographic boundaries of the governmental unit.
 3229         (3)Upon creation of a private property right or interest
 3230  in a license to operate, a public vehicle for hire licenseholder
 3231  shall have the right to pledge, assign, sublease, sell, or
 3232  otherwise transfer the license, except as provided otherwise by
 3233  ordinances, rules, regulations, orders, or other acts of the
 3234  local governmental unit. A private property right or interest in
 3235  a license to operate a public vehicle for hire may be
 3236  transferred by operation of intestate succession or devise,
 3237  except as provided otherwise by ordinances, rules, regulations,
 3238  orders, or other acts of the local governmental unit. The
 3239  ownership, transfer and operation of a public vehicle for hire
 3240  license shall be in compliance with the governmental unit’s
 3241  local ordinances, rules, regulations, and orders regarding
 3242  ownership, transfer, and operation of public vehicle for hires.
 3243         (4) Any governmental unit that is authorized to regulate
 3244  the operation of public vehicles for hire and other for-hire
 3245  transportation within its geographic boundaries may request and
 3246  receive criminal history record information for the purpose of
 3247  screening applicants for licenses and for-hire vehicle driver’s
 3248  licenses and pay a fee for any such record. Such record
 3249  information may include a national criminal history records
 3250  check with the Federal Bureau of Investigation. The fingerprints
 3251  may be submitted by the governmental unit to the Department of
 3252  Law Enforcement for state processing, and the department shall
 3253  forward them to the Federal Bureau of Investigation for a
 3254  national criminal history records check. All costs associated
 3255  with transmittal and processing shall be borne by the
 3256  governmental unit, the employer, or the person subject to the
 3257  background check. The department shall submit an invoice to the
 3258  governmental unit for the fingerprints submitted each month. The
 3259  governmental unit shall screen background results to determine
 3260  if an applicant meets its licensure requirements.
 3261         (5) This section does not preempt or modify any ordinance
 3262  creating a property right or interest in a vehicle for public
 3263  hire license created by a governmental unit before July 1, 2011,
 3264  or any amendment to an ordinance creating a property right or
 3265  interest on or after July 1, 2011.
 3266         Section 62. High-speed rail and fixed-guideway
 3267  transportation systems; contracting procedures; public
 3268  disclosure.—
 3269         (1) LEGISLATIVE FINDINGS AND INTENT.—
 3270         (a) The Legislature finds that the design, engineering,
 3271  operation, and maintenance of Florida’s proposed high-speed rail
 3272  system and other fixed-guideway transportation systems will be
 3273  funded with public moneys provided by federal and state
 3274  taxpayers, bond sales, and public-private partnerships following
 3275  competitive bidding processes.
 3276         (b)The Florida Rail Enterprise and residents of this state
 3277  should have the benefit of appropriate and complete disclosure
 3278  by all entities competing to build and operate the high-speed
 3279  rail system and other fixed-guideway transportation systems.
 3280  Such disclosure and related due diligence is essential to this
 3281  state’s regulation and oversight of the contracting process and
 3282  expenditure of state funds.
 3283         (c)It has come to the Legislature’s attention that certain
 3284  potential entities that have expressed interest in competing for
 3285  publicly funded rail system contracts have engaged in conduct
 3286  that the Legislature believes requires public disclosures. For
 3287  instance, between 1942 and 1944, many thousands of persons,
 3288  including current residents of this state, were deported to
 3289  extermination camps, work camps, concentration camps, prisoner
 3290  of-war camps, or any similar camps by whatever name in Europe on
 3291  trains.
 3292         (d) It is the intent of the Legislature that, in the spirit
 3293  of complete transparency, the bidding and contract entities
 3294  competing for contracts reveal what, if any, relationship the
 3295  entity had with those entities that served the interests of
 3296  those responsible for the mass deportations in wartime.
 3297         (2) CONTRACTING PROCEDURES; FULL DISCLOSURE.—This
 3298  subsection establishes the proper procedures for entities that
 3299  intend to bid or submit a proposal to contract with the Florida
 3300  Rail Enterprise or a fixed-guideway transportation system for
 3301  goods or services related to the high-speed and other rail
 3302  systems, as contemplated by the Florida Rail Enterprise Act.
 3303         (a)Notwithstanding any other law, each entity applying for
 3304  a publicly funded contract with the Florida Rail Enterprise or a
 3305  fixed-guideway transportation system, including, but not limited
 3306  to, the engineering, construction, manufacture, or operation of
 3307  a high-speed rail system or other fixed-guideway transportation
 3308  system, shall affirmatively certify the following in advance of
 3309  submitting a formal bid:
 3310         1. Whether the entity had any direct involvement in the
 3311  deportation of any individual to an extermination camp, work
 3312  camp, concentration camp, prisoner-of-war camp, or any similar
 3313  camp in Europe during the period from January 1, 1942, through
 3314  December 31, 1944.
 3315         2. If an entity responds that it had a direct involvement
 3316  in the deportation of any individual, as described in
 3317  subparagraph 1., the entity shall certify all of the following:
 3318         a. Whether the entity has any records, whenever created, in
 3319  its possession, custody, or control related to those
 3320  deportations.
 3321         b. Whether the entity has taken any remedial action
 3322  concerning those deportations, and whether the entity has
 3323  provided restitution to all identifiable victims of those
 3324  deportations.
 3325         (b)An entity that certifies its direct involvement under
 3326  this subsection may provide any mitigating circumstances in
 3327  narrative or documentary form.
 3328         (c) The Florida Rail Enterprise or other fixed-guideway
 3329  transportation system shall acknowledge receipt of the
 3330  information as required by this subsection when awarding
 3331  contracts.
 3332         (3) DEFINITIONS.—As used in this section, the term:
 3333         (a) “Direct involvement” means ownership or operation of
 3334  the trains on which a person was deported to an extermination
 3335  camp, work camp, concentration camp, prisoner-of-war camp, or
 3336  any similar camp by whatever name in Europe during the period
 3337  from January 1, 1942, through December 31, 1944.
 3338         (b) “Entity” includes any corporation, affiliate, or other
 3339  entity that controls, is controlled by, or is under common
 3340  control with, or that is a member of a partnership or a
 3341  consortium with, an entity that is subject to this section. An
 3342  entity is presumed to be in control of another corporation or
 3343  entity if it owns or directly or indirectly controls more than
 3344  50 percent of the voting securities or more than 50 percent of
 3345  any other ownership interest of the other corporation or entity.
 3346  This definition applies irrespective of whether or not the
 3347  equity interest in the entity is owned by a foreign state.
 3348         (c) “Fixed-guideway transportation system” means a public
 3349  transit system for the transporting of people by a conveyance,
 3350  or a series of interconnected conveyances, which is specifically
 3351  designed for travel on a stationary rail or other guideway,
 3352  whether located on, above, or under the ground.
 3353         Section 63. This act shall take effect July 1, 2011.

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