Florida Senate - 2009                              CS for SB 422
       
       
       
       By the Committee on Transportation; and Senator Gardiner
       
       
       
       
       596-04093-09                                           2009422c1
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         163.3180, F.S., relating to transportation
    4         concurrency; exempting hangars for the assembly or
    5         manufacture of aircraft from such requirements;
    6         amending s. 316.2015, F.S.; providing restraint
    7         requirements relating to certain truck operators who
    8         carry minor children in the bed of such truck upon a
    9         highway maintained by the state, a county, or a
   10         municipality at a speed exceeding 35 miles per hour;
   11         providing exceptions; providing a penalty; amending s.
   12         316.29545, F.S.; excluding vehicles owned or leased by
   13         private investigative services from certain
   14         restrictions when used in specified activities;
   15         amending s. 316.515, F.S.; clarifying that
   16         manufactured buildings are not divisible loads for the
   17         purposes of issuing special permits for overlength
   18         trailers; revising the maximum length of such
   19         overlength trailers; amending s. 316.535, F.S.;
   20         increasing the weight limits for certain highways;
   21         amending s. 316.545, F.S.; increasing the maximum
   22         weight limits on certain vehicles to compensate for
   23         weight increases that result from the installation of
   24         idle-reduction technologies; creating s. 336.445,
   25         F.S.; authorizing counties to enter into agreements
   26         with private entities for the building, operation,
   27         ownership, or financing of toll facilities; requiring
   28         a public declaration; requiring a public hearing;
   29         requiring that the county make certain determinations
   30         prior to awarding a project; providing requirements
   31         for an agreement; amending s. 337.0261, F.S.;
   32         providing findings recognizing that construction
   33         aggregate materials mining is an industry of critical
   34         importance and that the mining of construction
   35         aggregate materials is in the public interest;
   36         amending s. 348.51 F.S.; revising the definition of
   37         the term “bonds”; amending s. 348.54, F.S.;
   38         authorizing the Tampa-Hillsborough County Expressway
   39         Authority to make and issue notes, refunding bonds,
   40         and other evidences of indebtedness or obligations for
   41         specified purposes relating to the expressway system;
   42         prohibiting the authority from pledging the credit or
   43         taxing power of the state; providing that the
   44         authority’s obligations are not obligations of the
   45         state, a political subdivision, or agency; providing
   46         that the state, a political subdivision, or agency is
   47         not liable for the payment of principal or interest on
   48         the authority’s obligations; amending s. 348.545,
   49         F.S.; authorizing costs of authority improvements to
   50         be financed by bonds issued on behalf of the authority
   51         pursuant to the State Bond Act or bonds issued by the
   52         authority pursuant to ch. 348, F.S.; amending s.
   53         348.56, F.S.; authorizing bonds to be issued on behalf
   54         of the authority pursuant to the State Bond Act or
   55         issued by the authority pursuant to ch. 348, F.S.;
   56         revising requirements for such bonds; requiring the
   57         bonds to be sold at public sale; authorizing the
   58         authority to negotiate the sale of bonds with
   59         underwriters under certain circumstances; amending s.
   60         348.565, F.S.; providing that facilities of the
   61         expressway system are approved to be refinanced by the
   62         revenue bonds issued by the Division of Bond Finance
   63         of the State Board of Administration and the State
   64         Bond Act, or by revenue bonds issued by the authority;
   65         providing that certain projects of the authority are
   66         approved for financing or refinancing by revenue bonds
   67         issued according to part IV of ch. 348, F.S., and the
   68         State Constitution; amending s. 348.57, F.S.;
   69         authorizing the authority to provide for the issuance
   70         of certain bonds for the refunding of any bonds then
   71         outstanding regardless of whether the bonds being
   72         refunded were issued by the authority pursuant to this
   73         chapter or on behalf of the authority pursuant to the
   74         State Bond Act; amending s. 348.70, F.S.; providing
   75         that part IV of ch. 348, F.S., relating to the Tampa
   76         Hillsborough County Express Authority, does not
   77         repeal, rescind, or modify certain laws; amending s.
   78         705.18, F.S.; removing references to public-use
   79         airports or its directors; removing required
   80         disposition of moneys from sale of property abandoned
   81         at a public-use airport; creating s. 705.182, F.S.,
   82         relating to the disposal of personal property found on
   83         public-use airports; providing a timeframe for
   84         property to be claimed; providing options for
   85         disposing of personal property; providing procedures
   86         for selling abandoned personal property; providing for
   87         the notice of sale; permitting an airport tenant to
   88         establishing its own lost and found procedures;
   89         providing that the purchaser holds title to the
   90         property; creating s. 705.183, F.S., relating to
   91         derelict or abandoned aircraft on the premises of
   92         public-use airports; creating procedures for the
   93         disposal of derelict or abandoned aircraft on the
   94         premises of public-use airports; requiring a record of
   95         when an aircraft is found; defining the terms
   96         “derelict aircraft” and “abandoned aircraft”;
   97         requiring a determination of an aircraft owner and
   98         persons having legal interest in the aircraft;
   99         requiring notification of the aircraft owner and all
  100         persons having an equitable or legal interest in the
  101         aircraft; providing items to be included in the
  102         notice; providing an exception; providing for notice
  103         if the owner of the aircraft is unknown or cannot be
  104         found; providing the form of notice; providing for
  105         placement of the notice; providing procedures for
  106         failure to remove an aircraft and pay fees; requiring
  107         any sale of aircraft to be at a public auction;
  108         providing notice requirements for the public auction;
  109         providing procedures for disposing of an aircraft;
  110         providing for liability of charges and costs related
  111         to aircraft are less than what is obtained from a
  112         sale; providing for a lien by the airport and for all
  113         fees and charges related to the aircraft; providing
  114         for notice of lien; requiring the filing of a claim of
  115         lien; providing for the form of the claim of lien;
  116         providing for service of the claim of lien; providing
  117         that the purchaser of the aircraft takes the property
  118         free of rights of persons holding legal or equitable
  119         interest in the aircraft; requiring that the purchaser
  120         or recipient notify the Federal Aviation
  121         Administration of the change in ownership; providing
  122         for deduction of the costs if the aircraft sold at
  123         public sale; requiring that the balance be deposited
  124         in an interest-bearing account; providing a timeframe
  125         for the owner to claim the funds; providing that the
  126         balance may be retained by the airport; authorizing an
  127         airport to issue documents relating to the aircraft
  128         disposal; creating s. 705.184, F.S., relating to
  129         derelict or abandoned motor vehicles on the premises
  130         of public-use airports; creating procedures for the
  131         disposal of derelict or abandoned motor vehicles on
  132         public-use airports; requiring recording of the
  133         abandoned motor vehicle; defining the terms “derelict
  134         motor vehicle” and “abandoned motor vehicle”;
  135         permitting a vehicle to be removed from the airport
  136         premises; requiring a determination of the owner of
  137         the motor vehicle and the insurance company insuring
  138         the motor vehicle; requiring notification of the
  139         owner, insurer, and lienholder; providing items to be
  140         included in the notice; providing for an exception;
  141         providing for the notice form; providing for placing
  142         of the notice; providing a minimum time for the
  143         notice; providing procedures for failure to remove the
  144         motor vehicle and pay fees; requiring any sale of a
  145         motor vehicle to be at a public auction; providing
  146         notice requirement for a public auction; providing
  147         procedures for disposing of the motor vehicle;
  148         providing for liability if charges and costs related
  149         to motor vehicle are less than what is obtained from
  150         sale; providing for a lien by the airport for all fees
  151         and charges related to the motor vehicle; providing
  152         for notice of the lien; requiring the filing of a
  153         claim of lien, providing for the form of the claim of
  154         lien; providing for service of claim of lien;
  155         providing that the purchaser of the motor vehicle
  156         takes the property free of rights of persons holding
  157         legal or equitable interest in the motor vehicle;
  158         providing an effective date.
  159  
  160  Be It Enacted by the Legislature of the State of Florida:
  161  
  162         Section 1. Paragraph (b) of subsection (4) of section
  163  163.3180, Florida Statutes, is amended to read:
  164         (4)(b) The concurrency requirement as implemented in local
  165  comprehensive plans does not apply to public transit facilities.
  166  For the purposes of this paragraph, public transit facilities
  167  include transit stations and terminals; transit station parking;
  168  park-and-ride lots; intermodal public transit connection or
  169  transfer facilities; fixed bus, guideway, and rail stations; and
  170  airport passenger terminals and concourses, air cargo
  171  facilities, and hangars for the assembly, manufacture,
  172  maintenance, or storage of aircraft. As used in this paragraph,
  173  the terms “terminals” and “transit facilities” do not include
  174  seaports or commercial or residential development constructed in
  175  conjunction with a public transit facility.
  176         Section 2. Subsection (2) of section 316.2015, Florida
  177  Statutes, is amended to read:
  178         316.2015 Unlawful for person to ride on exterior of
  179  vehicle.—
  180         (2)(a) No person shall ride on any vehicle upon any portion
  181  thereof not designed or intended for the use of passengers. This
  182  paragraph does not apply to an employee of a fire department, an
  183  employee of a governmentally operated solid waste disposal
  184  department or a waste disposal service operating pursuant to a
  185  contract with a governmental entity, or to a volunteer
  186  firefighter when the employee or firefighter is engaged in the
  187  necessary discharge of a duty, and does not apply to a person
  188  who is being transported in response to an emergency by a public
  189  agency or pursuant to the direction or authority of a public
  190  agency. This paragraph does not apply to an employee engaged in
  191  the necessary discharge of a duty or to a person or persons
  192  riding within truck bodies in space intended for merchandise.
  193         (b) It is unlawful for any operator of a pickup truck or
  194  flatbed truck to permit a minor child who has not attained 18
  195  years of age to ride upon limited access facilities of the state
  196  within the open body of a pickup truck or flatbed truck unless
  197  the minor is restrained within the open body in the back of a
  198  truck that has been modified to include secure seating and
  199  safety restraints to prevent the passenger from being thrown,
  200  falling, or jumping from the truck. This paragraph does not
  201  apply in a medical emergency if the child is accompanied within
  202  the truck by an adult. A county is exempt from this paragraph if
  203  the governing body of the county, by majority vote, following a
  204  noticed public hearing, votes to exempt the county from this
  205  paragraph.
  206         (c)It is unlawful for any operator of a pickup truck or
  207  flatbed truck to permit a minor child who has not attained 6
  208  years of age to ride within the open body of the pickup truck or
  209  flatbed truck at a speed that exceeds 35 miles per hour upon any
  210  street or highway that is maintained by the state, a county, or
  211  a municipality unless the minor is restrained within the open
  212  body in the back of a truck that has been modified to include
  213  secure seating and safety restraints that are appropriate for
  214  the child’s age to prevent such child from being thrown,
  215  falling, or jumping from the truck. This paragraph does not
  216  apply in a medical emergency if the child is accompanied within
  217  the truck by an adult. A county is exempt from this paragraph if
  218  the governing body of the county, by majority vote, following a
  219  noticed public hearing, votes to exempt the county from this
  220  paragraph. This paragraph also does not apply to the operator of
  221  a pickup truck if the truck is the only vehicle owned by the
  222  operator or the immediate family of the operator.
  223         (d)(c) Any person who violates this subsection shall be
  224  cited for a nonmoving violation, punishable as provided in
  225  chapter 318.
  226         Section 3. Section 316.29545, Florida Statutes, is amended
  227  to read:
  228         316.29545 Window sunscreening exclusions; medical
  229  exemption; certain law enforcement vehicles and private
  230  investigative service vehicles exempt.—
  231         (1) The department shall issue medical exemption
  232  certificates to persons who are afflicted with Lupus or similar
  233  medical conditions which require a limited exposure to light,
  234  which certificates shall entitle the person to whom the
  235  certificate is issued to have sunscreening material on the
  236  windshield, side windows, and windows behind the driver which is
  237  in violation of the requirements of ss. 316.2951-316.2957. The
  238  department shall provide, by rule, for the form of the medical
  239  certificate authorized by this section. At a minimum, the
  240  medical exemption certificate shall include a vehicle
  241  description with the make, model, year, vehicle identification
  242  number, medical exemption decal number issued for the vehicle,
  243  and the name of the person or persons who are the registered
  244  owners of the vehicle. A medical exemption certificate shall be
  245  nontransferable and shall become null and void upon the sale or
  246  transfer of the vehicle identified on the certificate.
  247         (2) The department shall exempt all law enforcement
  248  vehicles used in undercover or canine operations from the window
  249  sunscreening requirements of ss. 316.2951-316.2957.
  250         (3)The department shall exempt from the window
  251  sunscreening restrictions of ss. 316.2953, 316.2954, and
  252  316.2956 vehicles owned or leased by private investigative
  253  agencies licensed under chapter 493 and used in homeland
  254  security functions on behalf of federal, state, or local
  255  authorities; executive protection activities; undercover,
  256  covert, or surveillance operations involving child abductions,
  257  convicted sex offenders, insurance fraud, or missing persons or
  258  property; or investigative activities in which evidence is being
  259  obtained for civil or criminal court proceedings.
  260         (4)(3) The department may charge a fee in an amount
  261  sufficient to defray the expenses of issuing a medical exemption
  262  certificate as described in subsection (1).
  263         Section 4. Subsection (14) of section 316.515, Florida
  264  Statutes, is amended to read:
  265         316.515 Maximum width, height, length.—
  266         (14) MANUFACTURED BUILDINGS.—The Department of
  267  Transportation may, in its discretion and upon application and
  268  good cause shown therefor that the same is not contrary to the
  269  public interest, issue a special permit for truck tractor
  270  semitrailer combinations where the total number of overwidth
  271  deliveries of manufactured buildings, as defined in s.
  272  553.36(13), may be reduced by permitting the use of multiple
  273  sections or single units on an overlength trailer of no more
  274  than 80 54 feet.
  275         Section 5. Subsection (5) of section 316.535, Florida
  276  Statutes, is amended to read:
  277         316.535 Maximum weights.—
  278         (5) With respect to those highways not in the Interstate
  279  Highway System, in all cases in which it exceeds state law in
  280  effect on January 4, 1975, the overall gross weight on the
  281  vehicle or combination of vehicles, including all enforcement
  282  tolerances, shall be as determined by the following formula:
  283                  W = 500((LN ÷ (N–1)) + 12N + 36)                 
  284  
  285  where W = overall gross weight of the vehicle to the nearest 500
  286  pounds; L = distance in feet between the extreme of the external
  287  axles; and N = number of axles on the vehicle. However, such
  288  overall gross weight of any vehicle or combination of vehicles
  289  may not exceed 80,000 pounds including all enforcement
  290  tolerances. The scale tolerance provided in s. 316.545(2)
  291  applies to all weight limitations of this subsection. Except
  292  when a vehicle exceeds the posted weight limit on a bridge,
  293  fines for violations of the total gross weight limitations
  294  provided for in this subsection shall be based on the amount by
  295  which the actual weight of the vehicle and load exceeds the
  296  allowable maximum weight determined under this subsection, plus
  297  the scale tolerance provided in s. 316.545(2).
  298         Section 6. Subsection (3) of section 316.545, Florida
  299  Statutes, is amended to read:
  300         316.545 Weight and load unlawful; special fuel and motor
  301  fuel tax enforcement; inspection; penalty; review.—
  302         (3) Any person who violates the overloading provisions of
  303  this chapter shall be conclusively presumed to have damaged the
  304  highways of this state by reason of such overloading, which
  305  damage is hereby fixed as follows:
  306         (a) When the excess weight is 200 pounds or less than the
  307  maximum herein provided, the penalty shall be $10;
  308         (b) Five cents per pound for each pound of weight in excess
  309  of the maximum herein provided when the excess weight exceeds
  310  200 pounds. However, whenever the gross weight of the vehicle or
  311  combination of vehicles does not exceed the maximum allowable
  312  gross weight, the maximum fine for the first 600 pounds of
  313  unlawful axle weight shall be $10;
  314         (c)For a vehicle equipped with fully functional idle
  315  reduction technology, any penalty shall be calculated by
  316  reducing the actual gross vehicle weight or the internal bridge
  317  weight by the certified weight of the idle-reduction technology
  318  or by 400 pounds, whichever is less. The vehicle operator must
  319  present written certification of the weight of the idle
  320  reduction technology and must demonstrate or certify that the
  321  idle-reduction technology is fully functional at all times. This
  322  calculation is not allowed for vehicles described in s.
  323  316.535(6);
  324         (d)(c) An apportioned motor vehicle, as defined in s.
  325  320.01, operating on the highways of this state without being
  326  properly licensed and registered shall be subject to the
  327  penalties as herein provided; and
  328         (e)(d) Vehicles operating on the highways of this state
  329  from nonmember International Registration Plan jurisdictions
  330  which are not in compliance with the provisions of s. 316.605
  331  shall be subject to the penalties as herein provided.
  332         Section 7. Section 336.445, Florida Statutes, is created to
  333  read:
  334         336.445Public-private partnerships with counties.
  335         (1)Notwithstanding any other provision of law or
  336  ordinance, a county may enter into agreements with private
  337  entities, or a consortia thereof, for the building, operation,
  338  ownership, or financing of toll facilities as part of the county
  339  road system under the following circumstances:
  340         (a)The county has publically declared at a properly
  341  noticed commission meeting the need for a toll facility and a
  342  desire to contract with a private entity for the building,
  343  operation, ownership, or financing of a toll facility; and
  344         (b)The county establishes after a public hearing that the
  345  proposal includes unique benefits and that adoption of the
  346  project is not contrary to the interest of the public.
  347         (2)Before awarding the project to a private entity, the
  348  county must determine that the proposed project:
  349         (a)Is not contrary to the public’s interest;
  350         (b)Would not require state funds to be used;
  351         (c)Would have adequate safeguards in place to ensure that
  352  no additional costs or service disruptions would be realized by
  353  the travelling public in the event of default or cancellation of
  354  the agreement by the county; and
  355         (d)Would have adequate safeguards in place to ensure that
  356  the county or the private entity has the opportunity to add
  357  capacity to the proposed project and other transportation
  358  facilities serving similar origins and destinations.
  359         (3)Any agreement between a county and a private entity, or
  360  consortia thereof, must address the following:
  361         (a)Regulations governing the future increase of toll or
  362  fare revenues; and
  363         (b)That the private entity shall provide an investment
  364  grade traffic and revenue study prepared by an internationally
  365  recognized traffic and revenue expert that is accepted by the
  366  national bond rating agencies. The private entity shall also
  367  provide a finance plan than identifies the project cost,
  368  revenues by source, financing, major assumptions, internal rate
  369  of return on private investment, whether any government funds
  370  are assumed to deliver a cost-feasible project, and a total cash
  371  flow analysis beginning with the implementation of the project
  372  and extending for the term of the agreement.
  373         Section 8. Subsection (2) of section 337.0261, Florida
  374  Statutes, is amended to read:
  375         337.0261 Construction aggregate materials.—
  376         (2) LEGISLATIVE INTENT.—The Legislature finds that there is
  377  a strategic and critical need for an available supply of
  378  construction aggregate materials within the state and that a
  379  disruption of the supply would cause a significant detriment to
  380  the state’s construction industry, transportation system, and
  381  overall health, safety, and welfare. In addition, the
  382  Legislature recognizes that construction aggregate materials
  383  mining is an industry of critical importance to the state and
  384  that the mining of construction aggregate materials is in the
  385  public interest.
  386         Section 9. Subsection (3) of section 348.51, Florida
  387  Statutes, is amended to read:
  388         348.51 Definitions.—The following terms whenever used or
  389  referred to in this part shall have the following meanings,
  390  except in those instances where the context clearly indicates
  391  otherwise:
  392         (3) “Bonds” means and includes the notes, bonds, refunding
  393  bonds, or other evidences of indebtedness or obligations, in
  394  either temporary or definitive form, which of the authority is
  395  authorized to issue issued pursuant to this part.
  396         Section 10. Subsections (7) and (8) of section 348.54,
  397  Florida Statutes, are amended to read:
  398         348.54 Powers of the authority.—Except as otherwise limited
  399  herein, the authority shall have the power:
  400         (7) To borrow money and to make and issue negotiable bonds,
  401  notes, refunding bonds, and other evidences of indebtedness or
  402  obligations, either in temporary or definitive form, hereinafter
  403  in this chapter referred to bonds of the authority, for the
  404  purpose of financing all or part of the improvement or extension
  405  of the expressway system, and appurtenant facilities, including
  406  all approaches, streets, roads, bridges, and avenues of access
  407  for the expressway system and for any other purpose authorized
  408  by this part and to provide for the rights of the holders
  409  thereof.
  410         (8) To secure the payment of bonds by a pledge of all or
  411  any portion of the revenues or such other moneys legally
  412  available therefor and of all or any portion of the Hillsborough
  413  County gasoline tax funds in the manner provided by this part;
  414  and in general to provide for the security of the bonds and the
  415  rights and remedies of the holders thereof. Interest upon the
  416  amount of gasoline tax funds to be repaid to the county pursuant
  417  to s. 348.60 shall be payable, at the highest rate applicable to
  418  any outstanding bonds of the authority, out of revenues and
  419  other available moneys not required to meet the authority’s
  420  obligations to its bondholders. The authority shall have no
  421  power at any time or in any manner to pledge the credit or
  422  taxing power of the state or any political subdivision or
  423  agency, including the city and the county, nor shall any of the
  424  authority’s obligations be deemed to be obligations of the state
  425  or of any political subdivision or agency, nor shall the state
  426  or any political subdivision or agency, except the authority, be
  427  liable for the payment of the principal of or interest on such
  428  obligations.
  429         Section 11. Section 348.545, Florida Statutes, is amended
  430  to read:
  431         348.545 Facility improvement; bond financing authority.
  432  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  433  Legislature hereby approves for bond financing by the Tampa
  434  Hillsborough County Expressway Authority improvements to toll
  435  collection facilities, interchanges to the legislatively
  436  approved expressway system, and any other facility appurtenant,
  437  necessary, or incidental to the approved system. Subject to
  438  terms and conditions of applicable revenue bond resolutions and
  439  covenants, such costs financing may be financed in whole or in
  440  part by revenue bonds issued pursuant to s. 348.56(1)(a) or s.
  441  348.56(1)(b) whether currently issued or issued in the future,
  442  or by a combination of such bonds.
  443         Section 12. Subsections (1) and (2) of section 348.56,
  444  Florida Statutes, are amended to read:
  445         348.56 Bonds of the authority.—
  446         (1)(a)Bonds may be issued on behalf of the authority
  447  pursuant to the State Bond Act.
  448         (b)Alternatively, the authority shall have the power and
  449  is hereby authorized from time to time to issue bonds in such
  450  principal amount as, in the opinion of the authority, shall be
  451  necessary to provide sufficient moneys for achieving its
  452  corporate purposes, including construction, reconstruction,
  453  improvement, extension, repair, maintenance and operation of the
  454  expressway system, the cost of acquisition of all real property,
  455  interest on bonds during construction and for a reasonable
  456  period thereafter, establishment of reserves to secure bonds,
  457  and all other expenditures of the authority incident to and
  458  necessary or convenient to carry out its corporate purposes and
  459  powers.
  460         (2)(a) Bonds issued by the authority pursuant to paragraph
  461  (1)(a) or paragraph (1)(b) shall be authorized by resolution of
  462  the members of the authority and shall bear such date or dates,
  463  mature at such time or times, not exceeding 40 years from their
  464  respective dates, bear interest at such rate or rates, not
  465  exceeding the maximum rate fixed by general law for authorities,
  466  be in such denominations, be in such form, either coupon or
  467  fully registered, carry such registration, exchangeability and
  468  interchangeability privileges, be payable in such medium of
  469  payment and at such place or places, be subject to such terms of
  470  redemption and be entitled to such priorities of lien on the
  471  revenues, other available moneys, and the Hillsborough County
  472  gasoline tax funds as such resolution or any resolution
  473  subsequent thereto may provide. The bonds shall be executed
  474  either by manual or facsimile signature by such officers as the
  475  authority shall determine, provided that such bonds shall bear
  476  at least one signature which is manually executed thereon. The
  477  coupons attached to such bonds shall bear the facsimile
  478  signature or signatures of such officer or officers as shall be
  479  designated by the authority. Such bonds shall have the seal of
  480  the authority affixed, imprinted, reproduced, or lithographed
  481  thereon.
  482         (b) The bonds issued pursuant to paragraph (1)(a) or
  483  paragraph (1)(b) shall be sold at public sale in the same manner
  484  provided in the State Bond Act, and the net interest cost to the
  485  authority on such bonds shall not exceed the maximum rate fixed
  486  by general law for authorities. If all bids received on the
  487  public sale are rejected, the authority may then proceed to
  488  negotiate for the sale of the bonds at a net interest cost which
  489  shall be less than the lowest net interest cost stated in the
  490  bids rejected at the public sale. However, if the authority
  491  determines, by official action at a public meeting, that a
  492  negotiated sale of such bonds is in the best interest of the
  493  authority, the authority may negotiate the sale of such bonds
  494  with the underwriter or underwriters designated by the authority
  495  and the Division of Bond Finance within the State Board of
  496  Administration with respect to bonds issued pursuant to
  497  paragraph (1)(a) or solely by the authority with respect to
  498  bonds issued pursuant to paragraph (1)(b). The authority’s
  499  determination to negotiate the sale of such bonds may be based,
  500  in part, upon the written advice of the authority’s financial
  501  adviser. Pending the preparation of definitive bonds, temporary
  502  bonds or interim certificates may be issued to the purchaser or
  503  purchasers of such bonds and may contain such terms and
  504  conditions as the authority may determine.
  505         Section 13. Section 348.565, Florida Statutes, is amended
  506  to read:
  507         348.565 Revenue bonds for specified projects.—The existing
  508  facilities that constitute the Tampa-Hillsborough County
  509  Expressway System are hereby approved to be refinanced by the
  510  issuance of revenue bonds issued by the Division of Bond Finance
  511  of the State Board of Administration pursuant to s. 11(f), Art.
  512  VII of the State Constitution and the State Bond Act, or by
  513  revenue bonds issued by the authority pursuant to s.
  514  348.56(1)(b). In addition, the following projects of the Tampa
  515  Hillsborough County Expressway Authority are approved to be
  516  financed or refinanced by the issuance of revenue bonds in
  517  accordance with this part and pursuant to s. 11(f), Art. VII of
  518  the State Constitution:
  519         (1) Brandon area feeder roads.
  520         (2) Capital improvements to the expressway system,
  521  including safety and operational improvements and toll
  522  collection equipment.
  523         (3) Lee Roy Selmon Crosstown Expressway System widening.
  524         (4) The connector highway linking the Lee Roy Selmon
  525  Crosstown Expressway to Interstate 4.
  526         Section 14. Subsection (1) of section 348.57, Florida
  527  Statutes, is amended to read:
  528         348.57 Refunding bonds.—
  529         (1) Subject to public notice as provided in s. 348.54, the
  530  authority is authorized to provide by resolution for the
  531  issuance from time to time of bonds pursuant to s. 348.56(1)(b)
  532  for the purpose of refunding any bonds then outstanding
  533  regardless of whether the bonds being refunded were issued by
  534  the authority pursuant to this chapter or on behalf of the
  535  authority pursuant to the State Bond Act. The authority is
  536  further authorized to provide by resolution for the issuance of
  537  bonds for the combined purpose of:
  538         (a) Paying the cost of constructing, reconstructing,
  539  improving, extending, repairing, maintaining and operating the
  540  expressway system.
  541         (b) Refunding bonds then outstanding. The authorization,
  542  sale and issuance of such obligations, the maturities and other
  543  details thereof, the rights and remedies of the holders thereof,
  544  and the rights, powers, privileges, duties and obligations of
  545  the authority with respect to the same shall be governed by the
  546  foregoing provisions of this part insofar as the same may be
  547  applicable.
  548         Section 15. Section 348.70, Florida Statutes, is amended to
  549  read:
  550         348.70 This part complete and additional authority.—
  551         (1) The powers conferred by this part shall be in addition
  552  and supplemental to the existing respective powers of the
  553  authority, the department, the county and the city, if any, and
  554  this part shall not be construed as repealing any of the
  555  provisions of any other law, general, special or local, but
  556  shall be deemed to supersede such other law or laws in the
  557  exercise of the powers provided in this part insofar as such
  558  other law or laws are inconsistent with the provisions of this
  559  part and to provide a complete method for the exercise of the
  560  powers granted herein. The construction, reconstruction,
  561  improvement, extension, repair, maintenance and operation of the
  562  expressway system, and the issuance of bonds hereunder to
  563  finance all or part of the cost thereof, may be accomplished
  564  upon compliance with the provisions of this part without regard
  565  to or necessity for compliance with the provisions, limitations,
  566  or restrictions contained in any other general, special or local
  567  law, including, but not limited to, s. 215.821, and no approval
  568  of any bonds issued under this part by the qualified electors or
  569  qualified electors who are freeholders in the state or in the
  570  county or in the city or in any other political subdivision of
  571  the state shall be required for the issuance of such bonds.
  572         (2)This part does not repeal, rescind, or modify any other
  573  law or laws relating to the State Board of Administration, the
  574  Department of Transportation, or the Division of Bond Finance of
  575  the State Board of Administration, but shall supersede such
  576  other law or laws as are inconsistent with the provisions of
  577  this part, including, but not limited to, s. 215.821.
  578         Section 16. Section 705.18, Florida Statutes, is amended to
  579  read:
  580         705.18 Disposal of personal property lost or abandoned on
  581  university or community college campuses or certain public-use
  582  airports; disposition of proceeds from sale thereof.—
  583         (1) Whenever any lost or abandoned personal property shall
  584  be found on a campus of an institution in the State University
  585  System or a campus of a state-supported community college, or on
  586  premises owned or controlled by the operator of a public-use
  587  airport having regularly scheduled international passenger
  588  service, the president of the institution or the president’s
  589  designee or the director of the airport or the director’s
  590  designee shall take charge thereof and make a record of the date
  591  such property was found. If, within 30 days after such property
  592  is found, or a longer period of time as may be deemed
  593  appropriate by the president or the director under the
  594  circumstances, the property it is not claimed by the owner, the
  595  president or director shall order it sold at public outcry after
  596  giving notice of the time and place of sale in a publication of
  597  general circulation on the campus of such institution or within
  598  the county where the airport is located and written notice to
  599  the owner if known. The rightful owner of such property may
  600  reclaim the same at any time prior to sale.
  601         (2) All moneys realized from such institution’s sale shall
  602  be placed in an appropriate fund and used solely for student
  603  scholarship and loan purposes. All moneys realized from such
  604  sale by an airport, less its costs of storage, transportation,
  605  and publication of notice, shall, unless another use is required
  606  by federal law, be deposited into the state school fund.
  607         Section 17. Section 705.182, Florida Statutes, is created
  608  to read:
  609         705.182Disposal of personal property found on the premises
  610  of public-use airports.
  611         (1)Whenever any personal property, other than aircraft or
  612  motor vehicles, is found on premises owned or controlled by the
  613  operator of a public-use airport, the director of the airport or
  614  the director’s designee shall take charge thereof and make a
  615  record of the date such property was found.
  616         (2)If within 30 calendar days after such property is
  617  found, or for such longer period of time as may be deemed
  618  appropriate by the director or the director’s designee under the
  619  circumstances, the property is not claimed by the owner, the
  620  director or the director’s designee may:
  621         (a)Retain any or all of the property for the airport’s own
  622  use or for use by the state or unit of local government owning
  623  or operating the airport;
  624         (b)Trade such property to another unit of local government
  625  or state agency;
  626         (c)Donate the property to a charitable organization;
  627         (d)Sell the property; or
  628         (e)Dispose of the property through an appropriate refuse
  629  removal company or a company that provides salvage services for
  630  the type of personal property found or located on the airport.
  631  
  632  The airport shall notify the owner, if known, of property found
  633  on the airport and that the airport intends to dispose of the
  634  property in any of the manners permitted in this section.
  635         (3)If the airport elects to sell the property under
  636  paragraph (2)(d), the property must be sold at a public auction
  637  on the Internet or at a specified physical location after giving
  638  notice of the time and place of sale, at least 10 calendar days
  639  prior to the date of sale, in a publication of general
  640  circulation within the county where the airport is located and
  641  after written notice via certified mail, return receipt
  642  requested, is provided to the owner, if known. Any such notice
  643  is deemed sufficient if the notice refers to the airport’s
  644  intention to sell all then-accumulated found property, and the
  645  notice need not identify each item to be sold. The rightful
  646  owner of such property may reclaim the property at any time
  647  prior to sale by presenting to the airport director or the
  648  director’s designee acceptable evidence of ownership. All
  649  proceeds from the sale of the property shall be retained by the
  650  airport for use by the airport in any lawfully authorized
  651  manner.
  652         (4)This section does not preclude the airport from
  653  allowing a domestic or international air carrier or other tenant
  654  on premises owned or controlled by the operator of a public-use
  655  airport from establishing its own lost and found procedures for
  656  personal property and from disposing of such personal property.
  657         (5)A purchaser or recipient in good faith of personal
  658  property sold or obtained under this section takes the property
  659  free of the rights of persons then holding any legal or
  660  equitable interest thereto, whether recorded or not.
  661         Section 18. Section 705.183, Florida Statutes, is created
  662  to read:
  663         705.183Disposal of derelict or abandoned aircraft on the
  664  premises of public-use airports.—
  665         (1)Whenever any derelict or abandoned aircraft is found or
  666  located on premises owned or controlled by the operator of a
  667  public-use airport, whether such premises are under a lease or
  668  license to third parties, the director of the airport or the
  669  director’s designee shall make a record of the date such
  670  aircraft was found or determined to be present on the airport.
  671  The term “derelict aircraft” means any aircraft that is not in a
  672  flyable condition, does not have a current certificate of air
  673  worthiness issued by the Federal Aviation Administration, or is
  674  not in the process of actively being repaired. The term
  675  “abandoned aircraft” means an aircraft that has been disposed of
  676  on a public-use airport in a wrecked, inoperative, or partially
  677  dismantled condition, or an aircraft that has remained in an
  678  idle state on the premises owned or controlled by the operator
  679  of a public-use airport for 45 consecutive calendar days.
  680         (2)The director or the director’s designee shall contact
  681  the Aircraft Registration Branch of the Federal Aviation
  682  Administration in order to determine the name and address of the
  683  last registered aircraft owner and make a diligent personal
  684  search of the appropriate records, or contact an aircraft title
  685  search company, in order to determine the name and address of
  686  any person having an equitable or legal interest in the
  687  aircraft. Within 10 business days after receipt of this
  688  information, the director or the director’s designee shall
  689  notify the owner and all persons having an equitable or legal
  690  interest in the aircraft by certified mail, return receipt
  691  requested, advising them of the location of the derelict or
  692  abandoned aircraft on the airport; that fees and charges for the
  693  use of the airport by the aircraft have accrued and the amount
  694  thereof; that the aircraft is subject to a lien as provided in
  695  subsection (5) for the accrued fees and charges for the use of
  696  the airport and for the transportation, storage, and removal of
  697  the aircraft; that the lien is subject to enforcement pursuant
  698  to law; and that the airport may cause the use, trade, sale, or
  699  removal of the aircraft as described in s. 705.182(2)(a), (b),
  700  (d), and (e) if, within 30 calendar days following the date of
  701  receipt of such notice, the aircraft has not been removed from
  702  the airport upon payment in full of all accrued fees and charges
  703  for the use of the airport and for the transportation, storage,
  704  and removal of the aircraft. Such notice may require removal of
  705  the aircraft in less than 30 calendar days if the aircraft poses
  706  a danger to the health or safety of users of the airport, as
  707  determined by the director or the director’s designee.
  708         (3)If the owner of the aircraft is unknown or cannot be
  709  found, the director or the director’s designee shall cause a
  710  laminated notice to be placed upon such aircraft in
  711  substantially the following form:
  712  
  713         NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
  714         ATTACHED PROPERTY. This property, to wit: ...(setting
  715         forth brief description)... is unlawfully upon public
  716         property known as ...(setting forth brief description
  717         of location)... and has accrued fees and charges for
  718         the use of the ...(same description of location as
  719         above)... and for the transportation, storage, and
  720         removal of the property. These accrued fees and
  721         charges must be paid in full and the property must be
  722         removed within 30 calendar days following the date of
  723         this notice; otherwise, the property will be removed
  724         and disposed of pursuant to chapter 705, Florida
  725         Statutes. The property is subject to a lien for all
  726         accrued fees and charges for the use of the public
  727         property known as ...(same description of location as
  728         above)... by such property and for all fees and
  729         charges incurred by the public property known as
  730         ...(same description of location as above)... for the
  731         transportation, storage, and removal of the property.
  732         This lien is subject to enforcement pursuant to law.
  733         The owner will be liable for these fees and charges,
  734         as well as the cost for publication of this notice.
  735         Dated this: ...(setting forth the date of posting of
  736         notice)..., signed: ...(setting forth name, title,
  737         address, and telephone number of law enforcement
  738         officer)....
  739  
  740  Such notice must be at least 8 inches by 10 inches and
  741  sufficiently weatherproof to withstand normal exposure to the
  742  elements. If, at the end of 30 calendar days after posting the
  743  notice, the owner or any person interested in the derelict or
  744  abandoned aircraft described has not removed the aircraft from
  745  the airport upon payment in full of all accrued fees and charges
  746  for the use of the airport and for the transportation, storage,
  747  and removal of the aircraft, or shown reasonable cause for
  748  failure to do so, the director or the director’s designee may
  749  cause the use, trade, sale, or removal of the aircraft as
  750  described in s. 705.182(2)(a), (b), (d), and (e).
  751         (4)Such aircraft shall be removed within the time period
  752  specified in the notice provided under subsection (2) or
  753  subsection (3). If, at the end of such period of time, the owner
  754  or any person interested in the derelict or abandoned aircraft
  755  has not removed the aircraft from the airport upon payment in
  756  full of all accrued fees and charges for the use of the airport
  757  and for the transportation, storage, and removal of the
  758  aircraft, or shown reasonable cause for the failure to do so,
  759  the director or the director’s designee may cause the use,
  760  trade, sale, or removal of the aircraft as described in s.
  761  705.182(2)(a), (b), (d), and (e).
  762         (a)If the airport elects to sell the aircraft in
  763  accordance with s. 705.182(2)(d), the aircraft must be sold at
  764  public auction after giving notice of the time and place of sale
  765  at least 10 calendar days prior to the date of sale in a
  766  publication of general circulation within the county where the
  767  airport is located and after providing written notice of the
  768  intended sale to all parties known to have an interest in the
  769  aircraft.
  770         (b)If the airport elects to dispose of the aircraft in
  771  accordance with s. 705.182(2)(e), the airport may negotiate with
  772  the company for a price to be received from such company in
  773  payment for the aircraft, or, if circumstances warrant, a price
  774  to be paid to such company by the airport for the costs of
  775  disposing of the aircraft. All information pertaining to the
  776  establishment of such price and the justification for the amount
  777  of such price shall be prepared and maintained by the airport,
  778  and such negotiated price shall be deemed to be a commercially
  779  reasonable price.
  780         (c)If the sale price or the negotiated price is less than
  781  the airport’s then-current charges and costs against the
  782  aircraft, or if the airport is required to pay the salvage
  783  company for its services, the owner of the aircraft remains
  784  liable to the airport for the airport’s costs that are not
  785  offset by the sale price or negotiated price, in addition to the
  786  owner’s liability for payment to the airport of the price the
  787  airport was required to pay any salvage company. All costs
  788  incurred by the airport in the removal, storage, and sale of any
  789  aircraft are recoverable against the owner thereof.
  790         (5)The airport has a lien on derelict or abandoned
  791  aircraft for all fees and charges for the use of the airport by
  792  such aircraft and for all fees and charges incurred by the
  793  airport for the transportation, storage, and removal of the
  794  aircraft. As a prerequisite to perfecting a lien under this
  795  section, the airport director or the director’s designee must
  796  serve a notice in accordance with subsection (2) on the last
  797  registered owner and all persons having an equitable or legal
  798  interest in the aircraft. The serving of the notice does not
  799  dispense with recording the claim of lien.
  800         (6)(a)For the purpose of perfecting its lien under this
  801  section, the airport shall record a claim of lien which must
  802  state:
  803         1.The name and address of the airport.
  804         2.The name of the last registered aircraft owner and all
  805  persons having a legal or equitable interest in the aircraft.
  806         3.The fees and charges incurred by the aircraft for the
  807  use of the airport, and the fees and charges for the
  808  transportation, storage and removal of the aircraft.
  809         4.A description of the aircraft sufficient for
  810  identification.
  811         (b)The claim of lien shall be signed and sworn to or
  812  affirmed by the airport director or the director’s designee.
  813         (c)The claim of lien shall be sufficient if it is in
  814  substantially the following form:
  815  
  816         CLAIM OF LIEN
  817         State of ______
  818         County of ______
  819         Before me, the undersigned notary public, personally
  820         appeared ______, who was duly sworn and says that
  821         he/she is the ________of ________, whose address
  822         is________; and that the following described aircraft:
  823         (Description of aircraft)
  824         owned by __________, whose address is ____________,
  825         has accrued $___________in fees and charges for the
  826         use by the aircraft of ______________ and for the
  827         transportation, storage and removal of the aircraft
  828         from _______________; that the lienor served its
  829         notice to the last registered owner and all persons
  830         having a legal or equitable interest in the aircraft
  831         on ____, (year), by________.
  832         (Signature)
  833         Sworn to (or affirmed) and subscribed before me this
  834         _____day of___, (year), by (name of person making
  835         statement).
  836         (Signature of Notary Public)(Print, Type or Stamp
  837         Commissioned name of Notary Public)
  838         Personally Known or Produced as Identification.
  839  
  840  However, the negligent inclusion or omission of any information
  841  in this claim of lien which does not prejudice the last
  842  registered owner does not constitute a default that operates to
  843  defeat an otherwise valid lien.
  844         (d)The claim of lien shall be served on the last
  845  registered aircraft owner and all persons having an equitable or
  846  legal interest in the aircraft. The claim of lien shall be
  847  served before recordation.
  848         (e)The claim of lien shall be recorded in the clerk’s
  849  office. The recording of the claim of lien constitutes
  850  constructive notice to all persons of the contents and effect of
  851  such claim. The lien attaches at the time of recordation and
  852  takes priority as of that time.
  853         (7)A purchaser or recipient in good faith of an aircraft
  854  sold or obtained under this section takes the property free of
  855  the rights of persons then holding any legal or equitable
  856  interest thereto, whether recorded or not. The purchaser or
  857  recipient shall notify the appropriate Federal Aviation
  858  Administration office of such change in the registered owner of
  859  the aircraft.
  860         (8)If the aircraft is sold at public sale, the airport
  861  shall deduct from the proceeds of sale the costs of
  862  transportation, storage, and publication of notice and all other
  863  costs reasonably incurred by the airport, and any balance of the
  864  proceeds shall be deposited into an interest-bearing account
  865  within 30 calendar days after the airport’s receipt of the
  866  proceeds and held there for 1 year. The rightful owner of the
  867  aircraft may claim the balance of the proceeds within 1 year
  868  following the date of the deposit by making application to the
  869  airport and presentation to the airport’s director or the
  870  director’s designee of acceptable written evidence of ownership.
  871  If no rightful owner comes forward with a claim to the proceeds
  872  within the 1-year period, the balance of the proceeds shall be
  873  retained by the airport to be used in any legally authorized
  874  manner.
  875         (9)Any person acquiring a legal interest in an aircraft
  876  that is sold by an airport under the provisions of s. 705.182 or
  877  this section is the lawful owner of such aircraft and all other
  878  legal or equitable interests in such aircraft are divested and
  879  of no further force and effect if the holder of any such legal
  880  or equitable interests was notified of the intended disposal of
  881  the aircraft to the extent required in this section. The airport
  882  may to issue documents of disposition to the purchaser or
  883  recipient of an aircraft disposed of under this section.
  884         Section 19. Section 705.184, Florida Statutes, is created
  885  to read:
  886         705.184Derelict or abandoned motor vehicles on the
  887  premises of public-use airports.—
  888         (1)Whenever any derelict or abandoned motor vehicle is
  889  found on premises owned or controlled by the operator of a
  890  public-use airport, including airport premises leased to third
  891  parties, the director of the airport or the director’s designee
  892  may take charge thereof and make a record of the date such motor
  893  vehicle was found. The term “derelict motor vehicle” means any
  894  motor vehicle that is not in a drivable condition. The term
  895  “abandoned motor vehicle” means a motor vehicle that has been
  896  disposed of on a public-use airport in a wrecked, inoperative,
  897  or partially dismantled condition, or a motor vehicle that has
  898  remained in an idle state on a public-use airport for 45
  899  consecutive calendar days. After the information relating to the
  900  derelict or abandoned motor vehicle is recorded in the airport’s
  901  records, the director or the director’s designee may cause the
  902  motor vehicle to be removed from airport premises by the
  903  airport’s own wrecker or by a licensed independent wrecking
  904  company and stored at a suitable location on or off the airport
  905  premises. If the director or the director’s designee causes the
  906  motor vehicle to be removed from airport premises by the
  907  airport’s own wrecker, the airport is subject to the procedures
  908  set forth in subsections (2)–(8). If the director or the
  909  director’s designee causes the motor vehicle to be removed from
  910  the airport premises by a licensed independent wrecking company,
  911  the airport is not subject to the procedures set forth in
  912  subsections (2)–(8).
  913         (2)The airport director or the director’s designee shall
  914  contact the Department of Highway Safety and Motor Vehicles in
  915  order to notify the department that the airport has possession
  916  of the subject motor vehicle and in order to determine the name
  917  and address of the owner of the motor vehicle, the insurance
  918  company insuring the motor vehicle notwithstanding the
  919  provisions of s. 627.736, and any person who has filed a lien on
  920  the motor vehicle. Within 7 business days after receipt of this
  921  information, the director or the director’s designee shall send
  922  notice by certified mail, return receipt requested, to the owner
  923  of the motor vehicle, the insurance company insuring the motor
  924  vehicle notwithstanding the provisions of s. 627.736, and all
  925  persons of record claiming a lien against the motor vehicle. The
  926  notice must state the fact of possession of the motor vehicle;
  927  that charges for a reasonable tow fee, a reasonable storage fee,
  928  or accrued parking fees, if any, have accrued and the amount
  929  thereof; that a lien as provided in subsection (6) will be
  930  claimed; that the lien is subject to enforcement pursuant to
  931  law; that the owner or lienholder, if any, has the right to a
  932  hearing as set forth in subsection (4); and that any motor
  933  vehicle which, at the end of 30 calendar days after receipt of
  934  the notice, has not been removed from the airport upon payment
  935  in full of all accrued charges for a reasonable tow fee, a
  936  reasonable storage fee, and parking fees, if any, may be
  937  disposed of in any of the manners set forth in s. 705.182(2)(a),
  938  (b), (d), and (e), including, but not limited to, the motor
  939  vehicle being sold free of all prior liens after 35 calendar
  940  days following the time the motor vehicle is stored if any prior
  941  liens on the motor vehicle are more than 5 years of age, or
  942  after 50 calendar days following the time the motor vehicle is
  943  stored if any prior liens on the motor vehicle are 5 years of
  944  age or less.
  945         (3)If attempts to notify the owner or lienholder pursuant
  946  to subsection (2) prove unsuccessful, the requirement of notice
  947  by mail is deemed met and the director or the director’s
  948  designee, in accordance with the requirements of subsection (5),
  949  may cause the motor vehicle to be disposed of in any of the
  950  manners set forth in s. 705.182(2)(a), (b), (d), and (e),
  951  including, but not limited to, the motor vehicle being sold free
  952  of all prior liens after 35 calendar days following the time the
  953  motor vehicle is stored if any prior liens on the motor vehicle
  954  are more than 5 years of age, or after 50 calendar days
  955  following the time the motor vehicle is stored if any prior
  956  liens on the motor vehicle are 5 years of age or less.
  957         (4)(a)The owner of, or any person with a lien on, a motor
  958  vehicle removed pursuant to the provisions of subsection (1),
  959  within 10 calendar days after the time he or she has knowledge
  960  of the location of the motor vehicle, may file a complaint in
  961  the county court of the county in which the motor vehicle is
  962  stored to determine if his or her property was wrongfully taken
  963  or withheld.
  964         (b)Upon filing a complaint, an owner or lienholder may
  965  have his or her motor vehicle released upon posting with the
  966  court a cash or surety bond or other adequate security equal to
  967  the amount of the fees for towing, storage, and accrued parking,
  968  if any, to ensure the payment of such fees in the event he or
  969  she does not prevail. Upon the posting of the bond or other
  970  adequate security and the payment of any applicable fee, the
  971  clerk of the court shall issue a certificate notifying the
  972  airport of the posting of the bond or other adequate security
  973  and directing the airport to release the motor vehicle. At the
  974  time of such release, after reasonable inspection, the owner or
  975  lienholder shall give a receipt to the airport reciting any
  976  claims he or she has for loss or damage to the motor vehicle or
  977  the contents thereof.
  978         (5)If, after 30 calendar days following receipt of the
  979  notice, the owner or any person claiming a lien has not removed
  980  the motor vehicle from its storage location upon payment in full
  981  of all accrued charges for a reasonable tow fee, a reasonable
  982  storage fee, and parking fees, if any, or shown reasonable cause
  983  for the failure to do so, the airport director or the director’s
  984  designee may dispose of the motor vehicle by any of the manners
  985  set forth in s. 705.182(2)(a), (b), (d), and (e). If the airport
  986  elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
  987  the motor vehicle may be sold free of all prior liens after 35
  988  calendar days following the time the motor vehicle is stored if
  989  any prior liens on the motor vehicle are more than 5 years of
  990  age, or after 50 calendar days following the time the motor
  991  vehicle is stored if any prior liens on the motor vehicle are 5
  992  years of age or less. The sale shall be a public auction on the
  993  Internet or at a specified physical location. If the date of the
  994  sale was not included in the notice required in subsection (2),
  995  notice of the sale sent by certified mail, return receipt
  996  requested, shall be given to the owner of the motor vehicle and
  997  to all persons claiming a lien on the motor vehicle. Such notice
  998  shall be mailed at least 10 calendar days before the date of the
  999  sale. In addition to the notice by mail, public notice of the
 1000  time and place of the sale at auction shall be made by
 1001  publishing a notice thereof one time, at least 10 calendar days
 1002  prior to the date of sale, in a newspaper of general circulation
 1003  in the county in which the sale is to be held. All costs
 1004  incurred by the airport for the towing, storage, and sale of the
 1005  motor vehicle, as well as all accrued parking fees, if any,
 1006  shall be recovered by the airport from the proceeds of the sale,
 1007  and any proceeds of the sale in excess of these costs shall be
 1008  retained by the airport for use by the airport in any lawfully
 1009  authorized manner.
 1010         (6)Pursuant to this section, the airport or, if used, a
 1011  licensed independent wrecking company pursuant to s. 713.78, has
 1012  a lien on a derelict or abandoned motor vehicle for a reasonable
 1013  tow fee, a reasonable storage fee, and all accrued parking fees,
 1014  if any; except that a storage fee may not be charged if the
 1015  vehicle is stored less than 6 hours. As a prerequisite to
 1016  perfecting a lien under this section, the airport director or
 1017  the director’s designee must serve a notice in accordance with
 1018  subsection (2) on the owner of the motor vehicle, the insurance
 1019  company insuring the motor vehicle notwithstanding the
 1020  provisions of s. 627.736, and all persons of record claiming a
 1021  lien against the motor vehicle. If attempts to notify the owner,
 1022  the insurance company insuring the motor vehicle notwithstanding
 1023  the provisions of s. 627.736, or lienholders prove unsuccessful,
 1024  the requirement of notice by mail will be considered met. The
 1025  serving of the notice does not dispense with recording the claim
 1026  of lien.
 1027         (7)(a)For the purpose of perfecting its lien under this
 1028  section, the airport shall record a claim of lien, which must
 1029  state:
 1030         1.The name and address of the airport.
 1031         2.The name of the owner of the motor vehicle, the
 1032  insurance company insuring the motor vehicle notwithstanding the
 1033  provisions of s. 627.736, and all persons of record claiming a
 1034  lien against the motor vehicle.
 1035         3.The fees incurred for a reasonable tow, reasonable
 1036  storage, and parking, if any.
 1037         4.A description of the motor vehicle sufficient for
 1038  identification.
 1039         (b)The claim of lien shall be signed and sworn to or
 1040  affirmed by the airport director or the director’s designee.
 1041         (c)The claim of lien is sufficient if it is in
 1042  substantially the following form:
 1043  
 1044         CLAIM OF LIEN
 1045         State of ______
 1046         County of ______
 1047         Before me, the undersigned notary public, personally
 1048         appeared ______, who was duly sworn and says that
 1049         he/she is the ________of _____________, whose address
 1050         is________; and that the following described motor
 1051         vehicle:
 1052         (Description of motor vehicle)
 1053         owned by __________, whose address is ____________,
 1054         has accrued $___________in fees for a reasonable tow,
 1055         for storage, and for parking, if applicable; that the
 1056         lienor served its notice to the owner, the insurance
 1057         company insuring the motor vehicle notwithstanding the
 1058         provisions of s. 627.736, and all persons of record
 1059         claiming a lien against the motor vehicle on ____,
 1060         (year), by________.
 1061         (Signature)
 1062         Sworn to (or affirmed) and subscribed before me this
 1063         _____day of___, (year), by (name of person making
 1064         statement).
 1065         (Signature of Notary Public)(Print, Type or Stamp
 1066         Commissioned name of Notary Public)
 1067         Personally Known or Produced as Identification.
 1068  
 1069  However, the negligent inclusion or omission of any information
 1070  in this claim of lien which does not prejudice the owner does
 1071  not constitute a default that operates to defeat an otherwise
 1072  valid lien.
 1073         (d)The claim of lien shall be served on the owner of the
 1074  motor vehicle, the insurance company insuring the motor vehicle
 1075  notwithstanding the provisions of s. 627.736, and all persons of
 1076  record claiming a lien against the motor vehicle. If attempts to
 1077  notify the owner, the insurance company insuring the motor
 1078  vehicle notwithstanding the provisions of s. 627.736, or
 1079  lienholders prove unsuccessful, the requirement of notice by
 1080  mail will be deemed met. The claim of lien shall be served
 1081  before recordation.
 1082         (e)The claim of lien shall be recorded in the clerk’s
 1083  office. The recording of the claim of lien is constructive
 1084  notice to all persons of the contents and effect of such claim.
 1085  The lien attaches at the time of recordation and takes priority
 1086  as of that time.
 1087         (8)A purchaser or recipient in good faith of a motor
 1088  vehicle sold or obtained under this section takes the property
 1089  free of the rights of persons then holding any legal or
 1090  equitable interest thereto, whether recorded or not.
 1091         Section 20. This act shall take effect July 1, 2009.