Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/CS/HB 7061, 1st Eng.
Ì312750|Î312750
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/3R . Floor: SENAT/CA
03/11/2016 01:36 PM . 03/11/2016 03:22 PM
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) is added to section 288.1097,
6 Florida Statutes, to read:
7 288.1097 Qualified job training organizations;
8 certification; duties.—
9 (5) Notwithstanding s. 624.4625(1)(b), any member of a
10 qualified job training organization that is both certified under
11 this section and has at least one roadside cleaning service
12 contract with a state agency among its membership may
13 participate in a self-insurance fund authorized under s.
14 624.4625. A self-insuring organization must demonstrate to the
15 Office of Insurance Regulation that it has the financial ability
16 to pay for retained risk.
17 Section 2. Present subsection (3) of section 296.11,
18 Florida Statutes, is renumbered as subsection (4), and a new
19 subsection (3) is added to that section, to read:
20 296.11 Funds of home and disposition of moneys.—
21 (3) All moneys received pursuant to s. 320.089 from the
22 sale of Woman Veteran license plates shall be deposited into the
23 Grants and Donations Trust Fund. All such moneys must be
24 expended solely for the purpose of creating and implementing
25 programs to benefit women veterans.
26 Section 3. Subsection (2) of section 296.38, Florida
27 Statutes, is amended to read:
28 296.38 Funds of home and disposition of moneys.—
29 (2)(a) The home shall be empowered to receive and accept
30 gifts, grants, and endowments in the name of the home. All such
31 gifts, grants, and endowments are to be used for the benefit of
32 the home and its residents. The administrator, together with the
33 director, shall have the authority to determine how these gifts,
34 grants, and endowments could best benefit the home and its
35 residents unless the benefactor requests or instructs that the
36 gift, grant, or endowment be used for a specific purpose. The
37 home shall deposit all moneys received pursuant to this
38 subsection into the Grants and Donations Trust Fund. Except as
39 provided in paragraph (b), moneys in the Grants and Donations
40 Trust Fund shall be expended for the common benefit of the
41 residents of the home, such as recreational equipment, improved
42 facilities, recreational supplies, and goods and services
43 offered or available to all residents.
44 (b) All moneys received pursuant to s. 320.089 from the
45 sale of Woman Veteran license plates shall be deposited into the
46 Grants and Donations Trust Fund. All such moneys must be
47 expended solely for the purpose of creating and implementing
48 programs to benefit women veterans.
49 Section 4. Paragraph (c) of subsection (1) of section
50 320.089, Florida Statutes, is amended to read:
51 320.089 Veterans of the United States Armed Forces; members
52 of National Guard; survivors of Pearl Harbor; Purple Heart medal
53 recipients; active or retired United States Armed Forces
54 reservists; Combat Infantry Badge, Combat Medical Badge, or
55 Combat Action Badge recipients; Combat Action Ribbon recipients;
56 Air Force Combat Action Medal recipients; Distinguished Flying
57 Cross recipients; former prisoners of war; Korean War Veterans;
58 Vietnam War Veterans; Operation Desert Shield Veterans;
59 Operation Desert Storm Veterans; Operation Enduring Freedom
60 Veterans; Operation Iraqi Freedom Veterans; Women Veterans;
61 World War II Veterans; and Navy Submariners; special license
62 plates; fee.—
63 (1)
64 (c) Any revenue generated from the sale of Woman Veteran
65 license plates must be deposited into the Grants and Donations
66 Operations and Maintenance Trust Fund administered by the
67 Department of Veterans’ Affairs pursuant to s. 20.375(2)
68 20.375(3) and must be used solely for the purpose of creating
69 and implementing programs to benefit women veterans.
70 Notwithstanding any provisions of law to the contrary, an
71 applicant for a Pearl Harbor Survivor license plate or a Purple
72 Heart license plate who also qualifies for a disabled veteran’s
73 license plate under s. 320.084 shall be issued the appropriate
74 special license plate without payment of the license tax imposed
75 by s. 320.08.
76 Section 5. Subsection (2) of section 311.07, Florida
77 Statutes, is amended to read:
78 311.07 Florida seaport transportation and economic
79 development funding.—
80 (2) A minimum of $25 $15 million per year shall be made
81 available from the State Transportation Trust Fund to fund the
82 Florida Seaport Transportation and Economic Development Program.
83 The Florida Seaport Transportation and Economic Development
84 Council created in s. 311.09 shall develop guidelines for
85 project funding. Council staff, the Department of
86 Transportation, and the Department of Economic Opportunity shall
87 work in cooperation to review projects and allocate funds in
88 accordance with the schedule required for the Department of
89 Transportation to include these projects in the tentative work
90 program developed pursuant to s. 339.135(4).
91 Section 6. Subsection (9) of section 311.09, Florida
92 Statutes, is amended to read:
93 311.09 Florida Seaport Transportation and Economic
94 Development Council.—
95 (9) The Department of Transportation shall include at least
96 $25 no less than $15 million per year in its annual legislative
97 budget request for the Florida Seaport Transportation and
98 Economic Development Program funded under s. 311.07. Such budget
99 must shall include funding for projects approved by the council
100 which have been determined by each agency to be consistent. The
101 department shall include the specific approved Florida Seaport
102 Transportation and Economic Development Program projects to be
103 funded under s. 311.07 during the ensuing fiscal year in the
104 tentative work program developed pursuant to s. 339.135(4). The
105 total amount of funding to be allocated to Florida Seaport
106 Transportation and Economic Development Program projects under
107 s. 311.07 during the successive 4 fiscal years shall also be
108 included in the tentative work program developed pursuant to s.
109 339.135(4). The council may submit to the department a list of
110 approved projects that could be made production-ready within the
111 next 2 years. The list shall be submitted by the department as
112 part of the needs and project list prepared pursuant to s.
113 339.135(2)(b). However, the department shall, upon written
114 request of the Florida Seaport Transportation and Economic
115 Development Council, submit work program amendments pursuant to
116 s. 339.135(7) to the Governor within 10 days after the later of
117 the date the request is received by the department or the
118 effective date of the amendment, termination, or closure of the
119 applicable funding agreement between the department and the
120 affected seaport, as required to release the funds from the
121 existing commitment. Notwithstanding s. 339.135(7)(c), any work
122 program amendment to transfer prior year funds from one approved
123 seaport project to another seaport project is subject to the
124 procedures in s. 339.135(7)(d). Notwithstanding any provision of
125 law to the contrary, the department may transfer unexpended
126 budget between the seaport projects as identified in the
127 approved work program amendments.
128 Section 7. Subsections (5) and (6) are added to section
129 311.12, Florida Statutes, to read:
130 311.12 Seaport security.—
131 (5) ADVISORY COMMITTEE.—
132 (a) There is created the Seaport Security Advisory
133 Committee, which shall be under the direction of the Florida
134 Seaport Transportation and Economic Development Council.
135 (b) The committee shall consist of the following members:
136 1. Five or more port security directors appointed by the
137 council chair shall serve as voting members. The council chair
138 shall designate one member of the committee to serve as
139 committee chair.
140 2. A designee from the United States Coast Guard shall
141 serve ex officio as a nonvoting member.
142 3. A designee from United States Customs and Border
143 Protection shall serve ex officio as a nonvoting member.
144 4. Two representatives from local law enforcement agencies
145 providing security services at a Florida seaport shall serve ex
146 officio as nonvoting members.
147 (c) The committee shall meet at the call of the chair but
148 at least annually. A majority of the voting members constitutes
149 a quorum for the purpose of transacting business of the
150 committee, and a vote of the majority of the voting members
151 present is required for official action by the committee.
152 (d) The committee shall provide a forum for discussion of
153 seaport security issues, including, but not limited to, matters
154 such as national and state security strategy and policy, actions
155 required to meet current and future security threats, statewide
156 cooperation on security issues, and security concerns of the
157 state’s maritime industry.
158 (6) GRANT PROGRAM.—
159 (a) The Florida Seaport Transportation and Economic
160 Development Council shall establish a Seaport Security Grant
161 Program for the purpose of assisting in the implementation of
162 security plans and security measures at the seaports listed in
163 s. 311.09(1). Funds may be used for the purchase of equipment,
164 infrastructure needs, cybersecurity programs, and other security
165 measures identified in a seaport’s approved federal security
166 plan. Such grants may not exceed 75 percent of the total cost of
167 the request and are subject to legislative appropriation.
168 (b) The Seaport Security Advisory Committee shall review
169 applications for the grant program and make recommendations to
170 the council for grant approvals. The council shall adopt by rule
171 criteria to implement this subsection.
172 Section 8. Section 316.003, Florida Statutes, is reordered
173 and amended to read:
174 316.003 Definitions.—The following words and phrases, when
175 used in this chapter, shall have the meanings respectively
176 ascribed to them in this section, except where the context
177 otherwise requires:
178 (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
179 department (fire patrol), police vehicles, and such ambulances
180 and emergency vehicles of municipal departments, public service
181 corporations operated by private corporations, the Fish and
182 Wildlife Conservation Commission, the Department of
183 Environmental Protection, the Department of Health, the
184 Department of Transportation, and the Department of Corrections
185 as are designated or authorized by their respective department
186 or the chief of police of an incorporated city or any sheriff of
187 any of the various counties.
188 (2)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
189 autonomous technology. The term “autonomous technology” means
190 technology installed on a motor vehicle that has the capability
191 to drive the vehicle on which the technology is installed
192 without the active control or monitoring by a human operator.
193 The term excludes a motor vehicle enabled with active safety
194 systems or driver assistance systems, including, without
195 limitation, a system to provide electronic blind spot
196 assistance, crash avoidance, emergency braking, parking
197 assistance, adaptive cruise control, lane keep assistance, lane
198 departure warning, or traffic jam and queuing assistant, unless
199 any such system alone or in combination with other systems
200 enables the vehicle on which the technology is installed to
201 drive without the active control or monitoring by a human
202 operator.
203 (3)(2) BICYCLE.— Every vehicle propelled solely by human
204 power, and every motorized bicycle propelled by a combination of
205 human power and an electric helper motor capable of propelling
206 the vehicle at a speed of not more than 20 miles per hour on
207 level ground upon which any person may ride, having two tandem
208 wheels, and including any device generally recognized as a
209 bicycle though equipped with two front or two rear wheels. The
210 term does not include such a vehicle with a seat height of no
211 more than 25 inches from the ground when the seat is adjusted to
212 its highest position or a scooter or similar device. A No person
213 under the age of 16 may not operate or ride upon a motorized
214 bicycle.
215 (4)(63) BICYCLE PATH.—Any road, path, or way that is open
216 to bicycle travel, which road, path, or way is physically
217 separated from motorized vehicular traffic by an open space or
218 by a barrier and is located either within the highway right-of
219 way or within an independent right-of-way.
220 (5)(76) BRAKE HORSEPOWER.—The actual unit of torque
221 developed per unit of time at the output shaft of an engine, as
222 measured by a dynamometer.
223 (6)(3) BUS.—Any motor vehicle designed for carrying more
224 than 10 passengers and used for the transportation of persons
225 and any motor vehicle, other than a taxicab, designed and used
226 for the transportation of persons for compensation.
227 (7)(4) BUSINESS DISTRICT.—The territory contiguous to, and
228 including, a highway when 50 percent or more of the frontage
229 thereon, for a distance of 300 feet or more, is occupied by
230 buildings in use for business.
231 (8)(5) CANCELLATION.—Declaration of Cancellation means that
232 a license which was issued through error or fraud as is declared
233 void and terminated. A new license may be obtained only as
234 permitted in this chapter.
235 (9)(64) CHIEF ADMINISTRATIVE OFFICER.—The head, or his or
236 her designee, of any law enforcement agency which is authorized
237 to enforce traffic laws.
238 (10)(65) CHILD.—A child as defined in s. 39.01, s. 984.03,
239 or s. 985.03.
240 (11) COMMERCIAL MEGACYCLE.—A vehicle that has fully
241 operational pedals for propulsion entirely by human power and
242 meets all of the following requirements:
243 (a) Has four wheels and is operated in a manner similar to
244 a bicycle.
245 (b) Has at least five but no more than 15 seats for
246 passengers.
247 (c) Is primarily powered by pedaling but may have an
248 auxiliary motor capable of propelling the vehicle at no more
249 than 15 miles per hour.
250 (12)(66) COMMERCIAL MOTOR VEHICLE.—Any self-propelled or
251 towed vehicle used on the public highways in commerce to
252 transport passengers or cargo, if such vehicle:
253 (a) Has a gross vehicle weight rating of 10,000 pounds or
254 more;
255 (b) Is designed to transport more than 15 passengers,
256 including the driver; or
257 (c) Is used in the transportation of materials found to be
258 hazardous for the purposes of the Hazardous Materials
259 Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).
260
261 A vehicle that occasionally transports personal property to and
262 from a closed-course motorsport facility, as defined in s.
263 549.09(1)(a), is not a commercial motor vehicle if it is not
264 used for profit and corporate sponsorship is not involved. As
265 used in this subsection, the term “corporate sponsorship” means
266 a payment, donation, gratuity, in-kind service, or other benefit
267 provided to or derived by a person in relation to the underlying
268 activity, other than the display of product or corporate names,
269 logos, or other graphic information on the property being
270 transported.
271 (13)(67) COURT.—The court having jurisdiction over traffic
272 offenses.
273 (14)(6) CROSSWALK.—
274 (a) That part of a roadway at an intersection included
275 within the connections of the lateral lines of the sidewalks on
276 opposite sides of the highway, measured from the curbs or, in
277 the absence of curbs, from the edges of the traversable roadway.
278 (b) Any portion of a roadway at an intersection or
279 elsewhere distinctly indicated for pedestrian crossing by lines
280 or other markings on the surface.
281 (15)(7) DAYTIME.—The period from a half hour before sunrise
282 to a half hour after sunset. The term “nighttime” means at any
283 other hour.
284 (16)(8) DEPARTMENT.—The Department of Highway Safety and
285 Motor Vehicles as defined in s. 20.24. Any reference herein to
286 the Department of Transportation shall be construed as referring
287 to the Department of Transportation as, defined in s. 20.23, or
288 the appropriate division thereof.
289 (17)(9) DIRECTOR.—The Director of the Division of the
290 Florida Highway Patrol of the Department of Highway Safety and
291 Motor Vehicles.
292 (18)(10) DRIVER.—Any person who drives or is in actual
293 physical control of a vehicle on a highway or who is exercising
294 control of a vehicle or steering a vehicle being towed by a
295 motor vehicle.
296 (19) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
297 automation and safety technology that integrates sensor array,
298 wireless vehicle-to-vehicle communications, active safety
299 systems, and specialized software to link safety systems and
300 synchronize acceleration and braking between two vehicles while
301 leaving each vehicle’s steering control and systems command in
302 the control of the vehicle’s driver in compliance with the
303 National Highway Traffic Safety Administration rules regarding
304 vehicle-to-vehicle communications.
305 (20)(83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any
306 self-balancing, two-nontandem-wheeled device, designed to
307 transport only one person, with an electric propulsion system
308 with average power of 750 watts (1 horsepower), the maximum
309 speed of which, on a paved level surface when powered solely by
310 such a propulsion system while being ridden by an operator who
311 weighs 170 pounds, is less than 20 miles per hour. Electric
312 personal assistive mobility devices are not vehicles as defined
313 in this section.
314 (21)(11) EXPLOSIVE.—Any chemical compound or mechanical
315 mixture that is commonly used or intended for the purpose of
316 producing an explosion and which contains any oxidizing and
317 combustive units or other ingredients in such proportions,
318 quantities, or packing that an ignition by fire, friction,
319 concussion, percussion, or detonator of any part of the compound
320 or mixture may cause such a sudden generation of highly heated
321 gases that the resultant gaseous pressures are capable of
322 producing destructive effect on contiguous objects or of
323 destroying life or limb.
324 (22)(62) FARM LABOR VEHICLE.—Any vehicle equipped and used
325 for the transportation of nine or more migrant or seasonal farm
326 workers, in addition to the driver, to or from a place of
327 employment or employment-related activities. The term does not
328 include:
329 (a) Any vehicle carrying only members of the immediate
330 family of the owner or driver.
331 (b) Any vehicle being operated by a common carrier of
332 passengers.
333 (c) Any carpool as defined in s. 450.28(3).
334 (23)(12) FARM TRACTOR.—Any motor vehicle designed and used
335 primarily as a farm implement for drawing plows, mowing
336 machines, and other implements of husbandry.
337 (24)(13) FLAMMABLE LIQUID.—Any liquid which has a flash
338 point of 70 degrees Fahrenheit or less, as determined by a
339 Tagliabue or equivalent closed-cup test device.
340 (25)(68) GOLF CART.—A motor vehicle designed and
341 manufactured for operation on a golf course for sporting or
342 recreational purposes.
343 (26)(14) GROSS WEIGHT.—The weight of a vehicle without load
344 plus the weight of any load thereon.
345 (27)(69) HAZARDOUS MATERIAL.—Any substance or material
346 which has been determined by the secretary of the United States
347 Department of Transportation to be capable of imposing an
348 unreasonable risk to health, safety, and property. This term
349 includes hazardous waste as defined in s. 403.703(13).
350 (28)(15) HOUSE TRAILER.—
351 (a) A trailer or semitrailer which is designed,
352 constructed, and equipped as a dwelling place, living abode, or
353 sleeping place, (either permanently or temporarily,) and is
354 equipped for use as a conveyance on streets and highways;, or
355 (b) A trailer or a semitrailer the chassis and exterior
356 shell of which is designed and constructed for use as a house
357 trailer, as defined in paragraph (a), but which is used instead,
358 permanently or temporarily, for the advertising, sales, display,
359 or promotion of merchandise or services or for any other
360 commercial purpose except the transportation of property for
361 hire or the transportation of property for distribution by a
362 private carrier.
363 (29)(16) IMPLEMENT OF HUSBANDRY.—Any vehicle designed and
364 adapted exclusively for agricultural, horticultural, or
365 livestock-raising operations or for lifting or carrying an
366 implement of husbandry and in either case not subject to
367 registration if used upon the highways.
368 (30)(17) INTERSECTION.—
369 (a) The area embraced within the prolongation or connection
370 of the lateral curblines; or, if none, then the lateral boundary
371 lines of the roadways of two highways which join one another at,
372 or approximately at, right angles; or the area within which
373 vehicles traveling upon different highways joining at any other
374 angle may come in conflict.
375 (b) Where a highway includes two roadways 30 feet or more
376 apart, then every crossing of each roadway of such divided
377 highway by an intersecting highway shall be regarded as a
378 separate intersection. If the In the event such intersecting
379 highway also includes two roadways 30 feet or more apart, then
380 every crossing of two roadways of such highways shall be
381 regarded as a separate intersection.
382 (31)(18) LANED HIGHWAY.—A highway the roadway of which is
383 divided into two or more clearly marked lanes for vehicular
384 traffic.
385 (32)(19) LIMITED ACCESS FACILITY.—A street or highway
386 especially designed for through traffic and over, from, or to
387 which owners or occupants of abutting land or other persons have
388 no right or easement, or only a limited right or easement, of
389 access, light, air, or view by reason of the fact that their
390 property abuts upon such limited access facility or for any
391 other reason. Such highways or streets may be parkways from
392 which trucks, buses, and other commercial vehicles are excluded;
393 or they may be freeways open to use by all customary forms of
394 street and highway traffic.
395 (33)(20) LOCAL AUTHORITIES.—Includes All officers and
396 public officials of the several counties and municipalities of
397 this state.
398 (34)(91) LOCAL HEARING OFFICER.—The person, designated by a
399 department, county, or municipality that elects to authorize
400 traffic infraction enforcement officers to issue traffic
401 citations under s. 316.0083(1)(a), who is authorized to conduct
402 hearings related to a notice of violation issued pursuant to s.
403 316.0083. The charter county, noncharter county, or municipality
404 may use its currently appointed code enforcement board or
405 special magistrate to serve as the local hearing officer. The
406 department may enter into an interlocal agreement to use the
407 local hearing officer of a county or municipality.
408 (35)(80) MAXI-CUBE VEHICLE.—A specialized combination
409 vehicle consisting of a truck carrying a separable cargo
410 carrying unit combined with a semitrailer designed so that the
411 separable cargo-carrying unit is to be loaded and unloaded
412 through the semitrailer. The entire combination may not exceed
413 65 feet in length, and a single component of that combination
414 may not exceed 34 feet in length.
415 (36)(61) MIGRANT OR SEASONAL FARM WORKER.—Any person
416 employed in hand labor operations in planting, cultivation, or
417 harvesting agricultural crops.
418 (37)(77) MOPED.—Any vehicle with pedals to permit
419 propulsion by human power, having a seat or saddle for the use
420 of the rider and designed to travel on not more than three
421 wheels,; with a motor rated not in excess of 2 brake horsepower
422 and not capable of propelling the vehicle at a speed greater
423 than 30 miles per hour on level ground; and with a power-drive
424 system that functions directly or automatically without
425 clutching or shifting gears by the operator after the drive
426 system is engaged. If an internal combustion engine is used, the
427 displacement may not exceed 50 cubic centimeters.
428 (38)(86) MOTOR CARRIER TRANSPORTATION CONTRACT.—
429 (a) A contract, agreement, or understanding covering:
430 1. The transportation of property for compensation or hire
431 by the motor carrier;
432 2. Entrance on property by the motor carrier for the
433 purpose of loading, unloading, or transporting property for
434 compensation or hire; or
435 3. A service incidental to activity described in
436 subparagraph 1. or subparagraph 2., including, but not limited
437 to, storage of property.
438 (b) “Motor carrier transportation contract” does not
439 include the Uniform Intermodal Interchange and Facilities Access
440 Agreement administered by the Intermodal Association of North
441 America or other agreements providing for the interchange, use,
442 or possession of intermodal chassis, containers, or other
443 intermodal equipment.
444 (39)(21) MOTOR VEHICLE.—Except when used in s. 316.1001, a
445 self-propelled vehicle not operated upon rails or guideway, but
446 not including any bicycle, motorized scooter, electric personal
447 assistive mobility device, swamp buggy, or moped. For purposes
448 of s. 316.1001, “motor vehicle” has the same meaning as provided
449 in s. 320.01(1)(a).
450 (40)(22) MOTORCYCLE.—Any motor vehicle having a seat or
451 saddle for the use of the rider and designed to travel on not
452 more than three wheels in contact with the ground, but excluding
453 a tractor or a moped.
454 (41)(82) MOTORIZED SCOOTER.—Any vehicle not having a seat
455 or saddle for the use of the rider, designed to travel on not
456 more than three wheels, and not capable of propelling the
457 vehicle at a speed greater than 30 miles per hour on level
458 ground.
459 (42)(78) NONPUBLIC SECTOR BUS.—Any bus which is used for
460 the transportation of persons for compensation and which is not
461 owned, leased, operated, or controlled by a municipal, county,
462 or state government or a governmentally owned or managed
463 nonprofit corporation.
464 (43)(23) OFFICIAL TRAFFIC CONTROL DEVICES.—All signs,
465 signals, markings, and devices, not inconsistent with this
466 chapter, placed or erected by authority of a public body or
467 official having jurisdiction for the purpose of regulating,
468 warning, or guiding traffic.
469 (44)(24) OFFICIAL TRAFFIC CONTROL SIGNAL.—Any device,
470 whether manually, electrically, or mechanically operated, by
471 which traffic is alternately directed to stop and permitted to
472 proceed.
473 (45)(25) OPERATOR.—Any person who is in actual physical
474 control of a motor vehicle upon the highway, or who is
475 exercising control over or steering a vehicle being towed by a
476 motor vehicle.
477 (46)(26) OWNER.—A person who holds the legal title of a
478 vehicle. If, or, in the event a vehicle is the subject of an
479 agreement for the conditional sale or lease thereof with the
480 right of purchase upon performance of the conditions stated in
481 the agreement and with an immediate right of possession vested
482 in the conditional vendee or lessee, or if in the event a
483 mortgagor of a vehicle is entitled to possession, then such
484 conditional vendee, or lessee, or mortgagor shall be deemed the
485 owner, for the purposes of this chapter.
486 (47)(27) PARK OR PARKING.—The standing of a vehicle,
487 whether occupied or not occupied, otherwise than temporarily for
488 the purpose of and while actually engaged in loading or
489 unloading merchandise or passengers as may be permitted by law
490 under this chapter.
491 (48)(28) PEDESTRIAN.—Any person afoot.
492 (49)(29) PERSON.—Any natural person, firm, copartnership,
493 association, or corporation.
494 (50)(30) PNEUMATIC TIRE.—Any tire in which compressed air
495 is designed to support the load.
496 (51)(31) POLE TRAILER.—Any vehicle without motive power
497 designed to be drawn by another vehicle and attached to the
498 towing vehicle by means of a reach or pole, or by being boomed
499 or otherwise secured to the towing vehicle, and ordinarily used
500 for transporting long or irregularly shaped loads such as poles,
501 pipes, or structural members capable, generally, of sustaining
502 themselves as beams between the supporting connections.
503 (52)(32) POLICE OFFICER.—Any officer authorized to direct
504 or regulate traffic or to make arrests for violations of traffic
505 regulations, including Florida highway patrol officers,
506 sheriffs, deputy sheriffs, and municipal police officers.
507 (53)(33) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
508 provided in paragraph (75)(b) (53)(b), any privately owned way
509 or place used for vehicular travel by the owner and those having
510 express or implied permission from the owner, but not by other
511 persons.
512 (54)(34) RADIOACTIVE MATERIALS.—Any materials or
513 combination of materials which emit ionizing radiation
514 spontaneously in which the radioactivity per gram of material,
515 in any form, is greater than 0.002 microcuries.
516 (55)(35) RAILROAD.—A carrier of persons or property upon
517 cars operated upon stationary rails.
518 (56)(36) RAILROAD SIGN OR SIGNAL.—Any sign, signal, or
519 device erected by authority of a public body or official, or by
520 a railroad, and intended to give notice of the presence of
521 railroad tracks or the approach of a railroad train.
522 (57)(37) RAILROAD TRAIN.—A steam engine, electric or other
523 motor, with or without cars coupled thereto, operated upon
524 rails, except a streetcar.
525 (58)(38) RESIDENCE DISTRICT.—The territory contiguous to,
526 and including, a highway, not comprising a business district,
527 when the property on such highway, for a distance of 300 feet or
528 more, is, in the main, improved with residences or residences
529 and buildings in use for business.
530 (59)(39) REVOCATION.—Termination of Revocation means that a
531 licensee’s privilege to drive a motor vehicle is terminated. A
532 new license may be obtained only as permitted by law.
533 (60)(40) RIGHT-OF-WAY.—The right of one vehicle or
534 pedestrian to proceed in a lawful manner in preference to
535 another vehicle or pedestrian approaching under such
536 circumstances of direction, speed, and proximity as to give rise
537 to danger of collision unless one grants precedence to the
538 other.
539 (61)(41) ROAD TRACTOR.—Any motor vehicle designed and used
540 for drawing other vehicles and not so constructed as to carry
541 any load thereon, either independently or as any part of the
542 weight of a vehicle or load so drawn.
543 (62)(42) ROADWAY.—That portion of a highway improved,
544 designed, or ordinarily used for vehicular travel, exclusive of
545 the berm or shoulder. If In the event a highway includes two or
546 more separate roadways, the term “roadway” as used herein refers
547 to any such roadway separately, but not to all such roadways
548 collectively.
549 (63)(43) SADDLE MOUNT; FULL MOUNT.—An arrangement whereby
550 the front wheels of one vehicle rest in a secured position upon
551 another vehicle. All of the wheels of the towing vehicle are
552 upon the ground, and only the rear wheels of the towed vehicle
553 rest upon the ground. Such combinations may include one full
554 mount, whereby a smaller transport vehicle is placed completely
555 on the last towed vehicle.
556 (64)(44) SAFETY ZONE.—The area or space officially set
557 apart within a roadway for the exclusive use of pedestrians and
558 protected or so marked by adequate signs or authorized pavement
559 markings as to be plainly visible at all times while set apart
560 as a safety zone.
561 (65)(92) SANITATION VEHICLE.—A motor vehicle that bears an
562 emblem that is visible from the roadway and clearly identifies
563 that the vehicle belongs to or is under contract with a person,
564 entity, cooperative, board, commission, district, or unit of
565 local government that provides garbage, trash, refuse, or
566 recycling collection.
567 (66)(45) SCHOOL BUS.—Any motor vehicle that complies with
568 the color and identification requirements of chapter 1006 and is
569 used to transport children to or from public or private school
570 or in connection with school activities, but not including buses
571 operated by common carriers in urban transportation of school
572 children. The term “school” includes all preelementary,
573 elementary, secondary, and postsecondary schools.
574 (67)(46) SEMITRAILER.—Any vehicle with or without motive
575 power, other than a pole trailer, designed for carrying persons
576 or property and for being drawn by a motor vehicle and so
577 constructed that some part of its weight and that of its load
578 rests upon, or is carried by, another vehicle.
579 (68)(47) SIDEWALK.—That portion of a street between the
580 curbline, or the lateral line, of a roadway and the adjacent
581 property lines, intended for use by pedestrians.
582 (69)(48) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed
583 or used primarily for the transportation of persons or property
584 and only incidentally operated or moved over a highway,
585 including, but not limited to, ditchdigging apparatus, well
586 boring apparatus, and road construction and maintenance
587 machinery, such as asphalt spreaders, bituminous mixers, bucket
588 loaders, tractors other than truck tractors, ditchers, leveling
589 graders, finishing machines, motor graders, road rollers,
590 scarifiers, earthmoving carryalls and scrapers, power shovels
591 and draglines, and self-propelled cranes and earthmoving
592 equipment. The term does not include house trailers, dump
593 trucks, truck-mounted transit mixers, cranes or shovels, or
594 other vehicles designed for the transportation of persons or
595 property to which machinery has been attached.
596 (70)(49) STAND OR STANDING.—The halting of a vehicle,
597 whether occupied or not occupied, otherwise than temporarily,
598 for the purpose of, and while actually engaged in, receiving or
599 discharging passengers, as may be permitted by law under this
600 chapter.
601 (71)(50) STATE ROAD.—Any highway designated as a state
602 maintained road by the Department of Transportation.
603 (72)(51) STOP.—When required, complete cessation from
604 movement.
605 (73)(52) STOP OR STOPPING.—When prohibited, any halting,
606 even momentarily, of a vehicle, whether occupied or not
607 occupied, except when necessary to avoid conflict with other
608 traffic or to comply with the directions of a law enforcement
609 officer or traffic control sign or signal.
610 (74)(70) STRAIGHT TRUCK.—Any truck on which the cargo unit
611 and the motive power unit are located on the same frame so as to
612 form a single, rigid unit.
613 (75)(53) STREET OR HIGHWAY.—
614 (a) The entire width between the boundary lines of every
615 way or place of whatever nature when any part thereof is open to
616 the use of the public for purposes of vehicular traffic;
617 (b) The entire width between the boundary lines of any
618 privately owned way or place used for vehicular travel by the
619 owner and those having express or implied permission from the
620 owner, but not by other persons, or any limited access road
621 owned or controlled by a special district, whenever, by written
622 agreement entered into under s. 316.006(2)(b) or (3)(b), a
623 county or municipality exercises traffic control jurisdiction
624 over said way or place;
625 (c) Any area, such as a runway, taxiway, ramp, clear zone,
626 or parking lot, within the boundary of any airport owned by the
627 state, a county, a municipality, or a political subdivision,
628 which area is used for vehicular traffic but which is not open
629 for vehicular operation by the general public; or
630 (d) Any way or place used for vehicular traffic on a
631 controlled access basis within a mobile home park recreation
632 district which has been created under s. 418.30 and the
633 recreational facilities of which district are open to the
634 general public.
635 (76)(54) SUSPENSION.—Temporary withdrawal of a licensee’s
636 privilege to drive a motor vehicle.
637 (77)(89) SWAMP BUGGY.—A motorized off-road vehicle that is
638 designed or modified to travel over swampy or varied terrain and
639 that may use large tires or tracks operated from an elevated
640 platform. The term does not include any vehicle defined in
641 chapter 261 or otherwise defined or classified in this chapter.
642 (78)(81) TANDEM AXLE.—Any two axles the whose centers of
643 which are more than 40 inches but not more than 96 inches apart
644 and are individually attached to or articulated from, or both, a
645 common attachment to the vehicle, including a connecting
646 mechanism designed to equalize the load between axles.
647 (79)(71) TANDEM TRAILER TRUCK.—Any combination of a truck
648 tractor, semitrailer, and trailer coupled together so as to
649 operate as a complete unit.
650 (80)(72) TANDEM TRAILER TRUCK HIGHWAY NETWORK.—A highway
651 network consisting primarily of four or more lanes, including
652 all interstate highways; highways designated by the United
653 States Department of Transportation as elements of the National
654 Network; and any street or highway designated by the Florida
655 Department of Transportation for use by tandem trailer trucks,
656 in accordance with s. 316.515, except roads on which truck
657 traffic was specifically prohibited on January 6, 1983.
658 (81)(73) TERMINAL.—Any location where:
659 (a) Freight either originates, terminates, or is handled in
660 the transportation process; or
661 (b) Commercial motor carriers maintain operating
662 facilities.
663 (82)(55) THROUGH HIGHWAY.—Any highway or portion thereof on
664 which vehicular traffic is given the right-of-way and at the
665 entrances to which vehicular traffic from intersecting highways
666 is required to yield right-of-way to vehicles on such through
667 highway in obedience to either a stop sign or yield sign, or
668 otherwise in obedience to law.
669 (83)(56) TIRE WIDTH.—The Tire width is that width stated on
670 the surface of the tire by the manufacturer of the tire, if the
671 width stated does not exceed 2 inches more than the width of the
672 tire contacting the surface.
673 (84)(57) TRAFFIC.—Pedestrians, ridden or herded animals,
674 and vehicles, streetcars, and other conveyances either singly or
675 together while using any street or highway for purposes of
676 travel.
677 (85)(87) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
678 installed to work in conjunction with a traffic control signal
679 and a camera or cameras synchronized to automatically record two
680 or more sequenced photographic or electronic images or streaming
681 video of only the rear of a motor vehicle at the time the
682 vehicle fails to stop behind the stop bar or clearly marked stop
683 line when facing a traffic control signal steady red light. Any
684 notification under s. 316.0083(1)(b) or traffic citation issued
685 by the use of a traffic infraction detector must include a
686 photograph or other recorded image showing both the license tag
687 of the offending vehicle and the traffic control device being
688 violated.
689 (86)(84) TRAFFIC SIGNAL PREEMPTION SYSTEM.—Any system or
690 device with the capability of activating a control mechanism
691 mounted on or near traffic signals which alters a traffic
692 signal’s timing cycle.
693 (87)(58) TRAILER.—Any vehicle with or without motive power,
694 other than a pole trailer, designed for carrying persons or
695 property and for being drawn by a motor vehicle.
696 (88)(74) TRANSPORTATION.—The conveyance or movement of
697 goods, materials, livestock, or persons from one location to
698 another on any road, street, or highway open to travel by the
699 public.
700 (89)(88) TRI-VEHICLE.—An enclosed three-wheeled passenger
701 vehicle that:
702 (a) Is designed to operate with three wheels in contact
703 with the ground;
704 (b) Has a minimum unladen weight of 900 pounds;
705 (c) Has a single, completely enclosed, occupant
706 compartment;
707 (d) Is produced in a minimum quantity of 300 in any
708 calendar year;
709 (e) Is capable of a speed greater than 60 miles per hour on
710 level ground; and
711 (f) Is equipped with:
712 1. Seats that are certified by the vehicle manufacturer to
713 meet the requirements of Federal Motor Vehicle Safety Standard
714 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
715 2. A steering wheel used to maneuver the vehicle;
716 3. A propulsion unit located forward or aft of the enclosed
717 occupant compartment;
718 4. A seat belt for each vehicle occupant certified to meet
719 the requirements of Federal Motor Vehicle Safety Standard No.
720 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
721 5. A windshield and an appropriate windshield wiper and
722 washer system that are certified by the vehicle manufacturer to
723 meet the requirements of Federal Motor Vehicle Safety Standard
724 No. 205, “Glazing materials” (49 C.F.R. s. 571.205) and Federal
725 Motor Vehicle Safety Standard No. 104, “Windshield wiping and
726 washing systems” (49 C.F.R. s. 571.104); and
727 6. A vehicle structure certified by the vehicle
728 manufacturer to meet the requirements of Federal Motor Vehicle
729 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
730 s. 571.216).
731 (90)(59) TRUCK.—Any motor vehicle designed, used, or
732 maintained primarily for the transportation of property.
733 (91)(60) TRUCK TRACTOR.—Any motor vehicle designed and used
734 primarily for drawing other vehicles and not so constructed as
735 to carry a load other than a part of the weight of the vehicle
736 and load so drawn.
737 (92)(93) UTILITY SERVICE VEHICLE.—A motor vehicle that
738 bears an emblem that is visible from the roadway and clearly
739 identifies that the vehicle belongs to or is under contract with
740 a person, entity, cooperative, board, commission, district, or
741 unit of local government that provides electric, natural gas,
742 water, wastewater, cable, telephone, or communications services.
743 (93)(75) VEHICLE.—Every device, in, upon, or by which any
744 person or property is or may be transported or drawn upon a
745 highway, except excepting devices used exclusively upon
746 stationary rails or tracks.
747 (94)(85) VICTIM SERVICES PROGRAMS.—Any community-based
748 organization the whose primary purpose of which is to act as an
749 advocate for the victims and survivors of traffic crashes and
750 for their families. The victims services offered by these
751 programs may include grief and crisis counseling, assistance
752 with preparing victim compensation claims excluding third-party
753 legal action, or connecting persons with other service
754 providers, and providing emergency financial assistance.
755 (95)(79) WORK ZONE AREA.—The area and its approaches on any
756 state-maintained highway, county-maintained highway, or
757 municipal street where construction, repair, maintenance, or
758 other street-related or highway-related work is being performed
759 or where one or more lanes are is closed to traffic.
760 Section 9. Subsection (7) of section 316.0745, Florida
761 Statutes, is amended to read:
762 316.0745 Uniform signals and devices.—
763 (7) The Department of Transportation may, upon receipt and
764 investigation of reported noncompliance and is authorized, after
765 hearing pursuant to 14 days’ notice, to direct the removal of
766 any purported traffic control device that fails to meet the
767 requirements of this section, wherever the device is located and
768 without regard to assigned responsibility under s. 316.1895
769 which fails to meet the requirements of this section. The public
770 agency erecting or installing the same shall immediately bring
771 it into compliance with the requirements of this section or
772 remove said device or signal upon the direction of the
773 Department of Transportation and may not, for a period of 5
774 years, install any replacement or new traffic control devices
775 paid for in part or in full with revenues raised by the state
776 unless written prior approval is received from the Department of
777 Transportation. Any additional violation by a public body or
778 official shall be cause for the withholding of state funds for
779 traffic control purposes until such public body or official
780 demonstrates to the Department of Transportation that it is
781 complying with this section.
782 Section 10. Section 316.2069, Florida Statutes, is created
783 to read:
784 316.2069 Commercial Megacycles.—The governing body of a
785 municipality, or the governing board of a county with respect to
786 an unincorporated portion of the county, may authorize the
787 operation of a commercial megacycle on roads or streets within
788 the respective jurisdictions if the requirements of subsections
789 (1) through (3) are met:
790 (1) Prior to authorizing such operation, the responsible
791 local governmental entity must first determine that commercial
792 megacycles may safely travel on or cross the public road or
793 street, considering factors including, but not limited to, the
794 speed, volume, and character of motor vehicle traffic using the
795 road or street. Upon such determination, the responsible
796 governmental entity shall post appropriate signs to indicate
797 that such operation is allowed.
798 (2) The authorization by the governing body must clearly
799 identify the roads or streets under the governing body’s
800 jurisdiction on or across which operation of commercial
801 megacycles is permitted.
802 (3) The governing body’s authorization, at a minimum, must
803 require that a commercial megacycle be:
804 (a) Operated at all times by its owner or lessee or an
805 employee of the owner or lessee.
806 (b) Operated by a driver at least 18 years of age who
807 possess a Class E driver license.
808 (c) Occupied by a safety monitor at least 18 years of age,
809 who shall supervise the passengers while the commercial
810 megacycle is in motion.
811 (d) Insured with minimum commercial general liability
812 insurance of not less than $1,000,000, prior to and at all times
813 of operation, satisfactory proof of which shall be provided to
814 the appropriate governing body.
815 (4) The Department of Transportation may prohibit the
816 operation of commercial megacycles on or across any road under
817 its jurisdiction if it determines that such prohibition is
818 necessary in the interest of safety.
819 (5) Section 316.1936 does not apply to the passengers being
820 transported in a commercial megacycle while operating in
821 accordance with this section.
822 (6) This section does not prohibit use of an auxiliary
823 motor to move the commercial megacycle from the roadway under
824 emergency circumstances or while no passenger is on board.
825 Section 11. Subsection (5) of section 316.235, Florida
826 Statutes, is amended to read:
827 316.235 Additional lighting equipment.—
828 (5) A bus, as defined in s. 316.003(3), may be equipped
829 with a deceleration lighting system that which cautions
830 following vehicles that the bus is slowing, is preparing to
831 stop, or is stopped. Such lighting system shall consist of red
832 or amber lights mounted in horizontal alignment on the rear of
833 the vehicle at or near the vertical centerline of the vehicle,
834 no greater than 12 inches apart, not higher than the lower edge
835 of the rear window or, if the vehicle has no rear window, not
836 higher than 100 72 inches from the ground. Such lights shall be
837 visible from a distance of not less than 300 feet to the rear in
838 normal sunlight. Lights are permitted to light and flash during
839 deceleration, braking, or standing and idling of the bus.
840 Vehicular hazard warning flashers may be used in conjunction
841 with or in lieu of a rear-mounted deceleration lighting system.
842 Section 12. Subsections (1) and (3) of section 316.303,
843 Florida Statutes, are amended to read:
844 316.303 Television receivers.—
845 (1) No motor vehicle may be operated on the highways of
846 this state if the vehicle is actively displaying moving
847 television broadcast or pre-recorded video entertainment content
848 that is shall be equipped with television-type receiving
849 equipment so located that the viewer or screen is visible from
850 the driver’s seat while the vehicle is in motion, unless the
851 vehicle is equipped with autonomous technology, as defined in s.
852 316.003(2), and is being operated in autonomous mode, as
853 provided in s. 316.85(2).
854 (3) This section does not prohibit the use of an electronic
855 display used in conjunction with a vehicle navigation system; an
856 electronic display used by an operator of a vehicle equipped
857 with autonomous technology, as defined in s. 316.003(2); or an
858 electronic display used by an operator of a vehicle equipped and
859 operating with driver-assistive truck platooning technology, as
860 defined in s. 316.003(19).
861 Section 13. Paragraph (b) of subsection (3) of section
862 316.515, Florida Statutes, is amended to read:
863 316.515 Maximum width, height, length.—
864 (3) LENGTH LIMITATION.—Except as otherwise provided in this
865 section, length limitations apply solely to a semitrailer or
866 trailer, and not to a truck tractor or to the overall length of
867 a combination of vehicles. No combination of commercial motor
868 vehicles coupled together and operating on the public roads may
869 consist of more than one truck tractor and two trailing units.
870 Unless otherwise specifically provided for in this section, a
871 combination of vehicles not qualifying as commercial motor
872 vehicles may consist of no more than two units coupled together;
873 such nonqualifying combination of vehicles may not exceed a
874 total length of 65 feet, inclusive of the load carried thereon,
875 but exclusive of safety and energy conservation devices approved
876 by the department for use on vehicles using public roads.
877 Notwithstanding any other provision of this section, a truck
878 tractor-semitrailer combination engaged in the transportation of
879 automobiles or boats may transport motor vehicles or boats on
880 part of the power unit; and, except as may otherwise be mandated
881 under federal law, an automobile or boat transporter semitrailer
882 may not exceed 50 feet in length, exclusive of the load;
883 however, the load may extend up to an additional 6 feet beyond
884 the rear of the trailer. The 50-feet length limitation does not
885 apply to non-stinger-steered automobile or boat transporters
886 that are 65 feet or less in overall length, exclusive of the
887 load carried thereon, or to stinger-steered automobile or boat
888 transporters that are 75 feet or less in overall length,
889 exclusive of the load carried thereon. For purposes of this
890 subsection, a “stinger-steered automobile or boat transporter”
891 is an automobile or boat transporter configured as a semitrailer
892 combination wherein the fifth wheel is located on a drop frame
893 located behind and below the rearmost axle of the power unit.
894 Notwithstanding paragraphs (a) and (b), any straight truck or
895 truck tractor-semitrailer combination engaged in the
896 transportation of horticultural trees may allow the load to
897 extend up to an additional 10 feet beyond the rear of the
898 vehicle, provided said trees are resting against a retaining bar
899 mounted above the truck bed so that the root balls of the trees
900 rest on the floor and to the front of the truck bed and the tops
901 of the trees extend up over and to the rear of the truck bed,
902 and provided the overhanging portion of the load is covered with
903 protective fabric.
904 (b) Semitrailers.—
905 1. A semitrailer operating in a truck tractor-semitrailer
906 combination may not exceed 48 feet in extreme overall outside
907 dimension, measured from the front of the unit to the rear of
908 the unit and the load carried thereon, exclusive of safety and
909 energy conservation devices approved by the department for use
910 on vehicles using public roads, unless it complies with
911 subparagraph 2. A semitrailer which exceeds 48 feet in length
912 and is used to transport divisible loads may operate in this
913 state only if issued a permit under s. 316.550 and if such
914 trailer meets the requirements of this chapter relating to
915 vehicle equipment and safety. Except for highways on the tandem
916 trailer truck highway network, public roads deemed unsafe for
917 longer semitrailer vehicles or those roads on which such longer
918 vehicles are determined not to be in the interest of public
919 convenience shall, in conformance with s. 316.006, be restricted
920 by the Department of Transportation or by the local authority to
921 use by semitrailers not exceeding a length of 48 feet, inclusive
922 of the load carried thereon but exclusive of safety and energy
923 conservation devices approved by the department for use on
924 vehicles using public roads. Truck tractor-semitrailer
925 combinations shall be afforded reasonable access to terminals;
926 facilities for food, fuel, repairs, and rest; and points of
927 loading and unloading.
928 2. A semitrailer which is more than 48 feet but not more
929 than 57 53 feet in extreme overall outside dimension, as
930 measured pursuant to subparagraph 1., may operate on public
931 roads, except roads on the State Highway System which are
932 restricted by the Department of Transportation or other roads
933 restricted by local authorities, if:
934 a. The distance between the kingpin or other peg that locks
935 into the fifth wheel of a truck tractor and the center of the
936 rear axle or rear group of axles does not exceed 41 feet, or, in
937 the case of a semitrailer used exclusively or primarily to
938 transport vehicles in connection with motorsports competition
939 events, the distance does not exceed 46 feet from the kingpin to
940 the center of the rear axles; and
941 b. It is equipped with a substantial rear-end underride
942 protection device meeting the requirements of 49 C.F.R. s.
943 393.86, “Rear End Protection.”
944 Section 14. Paragraph (c) of subsection (3) of section
945 316.640, Florida Statutes, is amended to read:
946 316.640 Enforcement.—The enforcement of the traffic laws of
947 this state is vested as follows:
948 (3) MUNICIPALITIES.—
949 (c)1. A chartered municipality or its authorized agency or
950 instrumentality may employ as a parking enforcement specialist
951 any individual who successfully completes a training program
952 established and approved by the Criminal Justice Standards and
953 Training Commission for parking enforcement specialists, but who
954 does not otherwise meet the uniform minimum standards
955 established by the commission for law enforcement officers or
956 auxiliary or part-time officers under s. 943.12.
957 2. A parking enforcement specialist employed by a chartered
958 municipality or its authorized agency or instrumentality is
959 authorized to enforce all state, county, and municipal laws and
960 ordinances governing parking within the boundaries of the
961 municipality employing the specialist, or, pursuant to a
962 memorandum of understanding between the county and the
963 municipality, within the boundaries of the county in which the
964 chartered municipality or its authorized agency or
965 instrumentality is located, by appropriate state, county, or
966 municipal traffic citation.
967 3. A parking enforcement specialist employed pursuant to
968 this subsection may not carry firearms or other weapons or have
969 arrest authority.
970 Section 15. Subsection (1) of section 316.85, Florida
971 Statutes, is amended to read:
972 316.85 Autonomous vehicles; operation.—
973 (1) A person who possesses a valid driver license may
974 operate an autonomous vehicle in autonomous mode on roads in
975 this state if the vehicle is equipped with autonomous
976 technology, as defined in s. 316.003(2).
977 Section 16. Section 316.86, Florida Statutes, is amended to
978 read:
979 316.86 Operation of vehicles equipped with autonomous
980 technology on roads for testing purposes; financial
981 responsibility; Exemption from liability for manufacturer when
982 third party converts vehicle.—
983 (1) Vehicles equipped with autonomous technology may be
984 operated on roads in this state by employees, contractors, or
985 other persons designated by manufacturers of autonomous
986 technology, or by research organizations associated with
987 accredited educational institutions, for the purpose of testing
988 the technology. For testing purposes, a human operator shall be
989 present in the autonomous vehicle such that he or she has the
990 ability to monitor the vehicle’s performance and intervene, if
991 necessary, unless the vehicle is being tested or demonstrated on
992 a closed course. Before the start of testing in this state, the
993 entity performing the testing must submit to the department an
994 instrument of insurance, surety bond, or proof of self-insurance
995 acceptable to the department in the amount of $5 million.
996 (2) The original manufacturer of a vehicle converted by a
997 third party into an autonomous vehicle is shall not be liable
998 in, and shall have a defense to and be dismissed from, any legal
999 action brought against the original manufacturer by any person
1000 injured due to an alleged vehicle defect caused by the
1001 conversion of the vehicle, or by equipment installed by the
1002 converter, unless the alleged defect was present in the vehicle
1003 as originally manufactured.
1004 Section 17. Subsection (1) of section 319.145, Florida
1005 Statutes, is amended to read:
1006 319.145 Autonomous vehicles.—
1007 (1) An autonomous vehicle registered in this state must
1008 continue to meet applicable federal standards and regulations
1009 for such a motor vehicle. The vehicle must shall:
1010 (a) Have a system to safely alert the operator if an
1011 autonomous technology failure is detected while the autonomous
1012 technology is engaged. When an alert is given, the system must:
1013 1. Require the operator to take control of the autonomous
1014 vehicle; or
1015 2. If the operator does not, or is not able to, take
1016 control of the autonomous vehicle, be capable of bringing the
1017 vehicle to a complete stop Have a means to engage and disengage
1018 the autonomous technology which is easily accessible to the
1019 operator.
1020 (b) Have a means, inside the vehicle, to visually indicate
1021 when the vehicle is operating in autonomous mode.
1022 (c) Have a means to alert the operator of the vehicle if a
1023 technology failure affecting the ability of the vehicle to
1024 safely operate autonomously is detected while the vehicle is
1025 operating autonomously in order to indicate to the operator to
1026 take control of the vehicle.
1027 (c)(d) Be capable of being operated in compliance with the
1028 applicable traffic and motor vehicle laws of this state.
1029 Section 18. Paragraph (b) of subsection (3) of section
1030 319.30, Florida Statutes, is amended, and paragraph (c) is added
1031 to that subsection, to read:
1032 319.30 Definitions; dismantling, destruction, change of
1033 identity of motor vehicle or mobile home; salvage.—
1034 (3)
1035 (b) The owner, including persons who are self-insured, of a
1036 motor vehicle or mobile home that is considered to be salvage
1037 shall, within 72 hours after the motor vehicle or mobile home
1038 becomes salvage, forward the title to the motor vehicle or
1039 mobile home to the department for processing. However, an
1040 insurance company that pays money as compensation for the total
1041 loss of a motor vehicle or mobile home shall obtain the
1042 certificate of title for the motor vehicle or mobile home, make
1043 the required notification to the National Motor Vehicle Title
1044 Information System, and, within 72 hours after receiving such
1045 certificate of title, forward such title to the department for
1046 processing. The owner or insurance company, as applicable, may
1047 not dispose of a vehicle or mobile home that is a total loss
1048 before it obtains a salvage certificate of title or certificate
1049 of destruction from the department. Effective July 1, 2023:
1050 1. Thirty days after payment of a claim for compensation
1051 pursuant to this paragraph, the insurance company may receive a
1052 salvage certificate of title or certificate of destruction from
1053 the department if the insurance company is unable to obtain a
1054 properly assigned certificate of title from the owner or
1055 lienholder of the motor vehicle or mobile home, if the motor
1056 vehicle or mobile home does not carry an electronic lien on the
1057 title and the insurance company:
1058 a. Has obtained the release of all liens on the motor
1059 vehicle or mobile home;
1060 b. Has provided proof of payment of the total loss claim;
1061 and
1062 c. Has provided an affidavit on letterhead signed by the
1063 insurance company or its authorized agent stating the attempts
1064 that have been made to obtain the title from the owner or
1065 lienholder and further stating that all attempts are to no
1066 avail. The affidavit must include a request that the salvage
1067 certificate of title or certificate of destruction be issued in
1068 the insurance company’s name due to payment of a total loss
1069 claim to the owner or lienholder. The attempts to contact the
1070 owner may be by written request delivered in person or by first
1071 class mail with a certificate of mailing to the owner’s or
1072 lienholder’s last known address.
1073 2. If the owner or lienholder is notified of the request
1074 for title in person, the insurance company must provide an
1075 affidavit attesting to the in-person request for a certificate
1076 of title.
1077 3. The request to the owner or lienholder for the
1078 certificate of title must include a complete description of the
1079 motor vehicle or mobile home and the statement that a total loss
1080 claim has been paid on the motor vehicle or mobile home.
1081 (c) When applying for a salvage certificate of title or
1082 certificate of destruction, the owner or insurance company must
1083 provide the department with an estimate of the costs of
1084 repairing the physical and mechanical damage suffered by the
1085 vehicle for which a salvage certificate of title or certificate
1086 of destruction is sought. If the estimated costs of repairing
1087 the physical and mechanical damage to the mobile home are equal
1088 to 80 percent or more of the current retail cost of the mobile
1089 home, as established in any official used mobile home guide, the
1090 department shall declare the mobile home unrebuildable and print
1091 a certificate of destruction, which authorizes the dismantling
1092 or destruction of the mobile home. For a late model vehicle with
1093 a current retail cost of at least $7,500 just prior to
1094 sustaining the damage that resulted in the total loss, as
1095 established in any official used car guide or valuation service,
1096 if the owner or insurance company determines that the estimated
1097 costs of repairing the physical and mechanical damage to the
1098 vehicle are equal to 90 percent or more of the current retail
1099 cost of the vehicle, as established in any official used motor
1100 vehicle guide or valuation service, the department shall declare
1101 the vehicle unrebuildable and print a certificate of
1102 destruction, which authorizes the dismantling or destruction of
1103 the motor vehicle. However, if the damaged motor vehicle is
1104 equipped with custom-lowered floors for wheelchair access or a
1105 wheelchair lift, the insurance company may, upon determining
1106 that the vehicle is repairable to a condition that is safe for
1107 operation on public roads, submit the certificate of title to
1108 the department for reissuance as a salvage rebuildable title and
1109 the addition of a title brand of “insurance-declared total
1110 loss.” The certificate of destruction shall be reassignable a
1111 maximum of two times before dismantling or destruction of the
1112 vehicle is required, and shall accompany the motor vehicle or
1113 mobile home for which it is issued, when such motor vehicle or
1114 mobile home is sold for such purposes, in lieu of a certificate
1115 of title. The department may not issue a certificate of title
1116 for that vehicle. This subsection is not applicable if a mobile
1117 home is worth less than $1,500 retail just prior to sustaining
1118 the damage that resulted in the total loss in any official used
1119 mobile home guide or when a stolen motor vehicle or mobile home
1120 is recovered in substantially intact condition and is readily
1121 resalable without extensive repairs to or replacement of the
1122 frame or engine. If a motor vehicle has a current retail cost of
1123 less than $7,500 just prior to sustaining the damage that
1124 resulted in the total loss, as established in any official used
1125 motor vehicle guide or valuation service, or if the vehicle is
1126 not a late model vehicle, the owner or insurance company that
1127 pays money as compensation for the total loss of the motor
1128 vehicle shall obtain a certificate of destruction, if the motor
1129 vehicle is damaged, wrecked, or burned to the extent that the
1130 only residual value of the motor vehicle is as a source of parts
1131 or scrap metal, or if the motor vehicle comes into this state
1132 under a title or other ownership document that indicates that
1133 the motor vehicle is not repairable, is junked, or is for parts
1134 or dismantling only. A person who knowingly violates this
1135 paragraph or falsifies documentation to avoid the requirements
1136 of this paragraph commits a misdemeanor of the first degree,
1137 punishable as provided in s. 775.082 or s. 775.083.
1138 Section 19. Subsection (1) of section 320.525, Florida
1139 Statutes, is amended to read:
1140 320.525 Port vehicles and equipment; definition;
1141 exemption.—
1142 (1) As used in this section, the term “port vehicles and
1143 equipment” means trucks, tractors, trailers, truck cranes, top
1144 loaders, fork lifts, hostling tractors, chassis, or other
1145 vehicles or equipment used for transporting cargo, containers,
1146 or other equipment. The term includes motor vehicles being
1147 relocated within a port facility or via designated port district
1148 roads.
1149 Section 20. Paragraph (c) is added to subsection (8) of
1150 section 322.051, Florida Statutes, to read:
1151 322.051 Identification cards.—
1152 (8)
1153 (c) The international symbol for the deaf and hard of
1154 hearing shall be exhibited on the identification card of a
1155 person who is deaf or hard of hearing upon the payment of an
1156 additional $1 fee for the identification card and the
1157 presentation of sufficient proof that the person is deaf or hard
1158 of hearing as determined by the department. Until a person’s
1159 identification card is next renewed, the person may have the
1160 symbol added to his or her identification card upon surrender of
1161 his or her current identification card, payment of a $2 fee to
1162 be deposited into the Highway Safety Operating Trust Fund, and
1163 presentation of sufficient proof that the person is deaf or hard
1164 of hearing as determined by the department. If the applicant is
1165 not conducting any other transaction affecting the
1166 identification card, a replacement identification card may be
1167 issued with the symbol without payment of the fee required in s.
1168 322.21(1)(f)3. For purposes of this paragraph, the international
1169 symbol for the deaf and hard of hearing is substantially as
1170 follows:
1171
1172 ...(International Symbol of Access for Hearing Loss)...
1173
1174 Section 21. Paragraph (c) of subsection (1) of section
1175 322.14, Florida Statutes, is redesignated as paragraph (d), and
1176 a new paragraph (c) is added to that subsection to read:
1177 322.14 Licenses issued to drivers.—
1178 (1)
1179 (c) The international symbol for the deaf and hard of
1180 hearing provided in s. 322.051(8)(c) shall be exhibited on the
1181 driver license of a person who is deaf or hard of hearing upon
1182 the payment of an additional $1 fee for the license and the
1183 presentation of sufficient proof that the person is deaf or hard
1184 of hearing as determined by the department. Until a person’s
1185 license is next renewed, the person may have the symbol added to
1186 his or her license upon the surrender of his or her current
1187 license, payment of a $2 fee to be deposited into the Highway
1188 Safety Operating Trust Fund, and presentation of sufficient
1189 proof that the person is deaf or hard of hearing as determined
1190 by the department. If the applicant is not conducting any other
1191 transaction affecting the driver license, a replacement license
1192 may be issued with the symbol without payment of the fee
1193 required in s. 322.21(1)(e).
1194 Section 22. The amendments made by this act to ss. 322.051
1195 and 322.14, Florida Statutes, shall apply upon implementation of
1196 new designs for the driver license and identification card by
1197 the Department of Highway Safety and Motor Vehicles.
1198 Section 23. Paragraph (c) of subsection (1) of section
1199 332.08, Florida Statutes, is amended to read:
1200 332.08 Additional powers.—
1201 (1) In addition to the general powers in ss. 332.01-332.12
1202 conferred and without limitation thereof, a municipality that
1203 has established or may hereafter establish airports, restricted
1204 landing areas, or other air navigation facilities, or that has
1205 acquired or set apart or may hereafter acquire or set apart real
1206 property for such purposes, is authorized:
1207 (c) To lease for a term not exceeding 50 30 years such
1208 airports or other air navigation facilities, or real property
1209 acquired or set apart for airport purposes, to private parties,
1210 any municipal or state government or the national government, or
1211 any department of either thereof, for operation; to lease or
1212 assign for a term not exceeding 50 30 years to private parties,
1213 any municipal or state government or the national government, or
1214 any department of either thereof, for operation or use
1215 consistent with the purposes of ss. 332.01-332.12, space, area,
1216 improvements, or equipment on such airports; to sell any part of
1217 such airports, other air navigation facilities, or real property
1218 to any municipal or state government, or the United States or
1219 any department or instrumentality thereof, for aeronautical
1220 purposes or purposes incidental thereto, and to confer the
1221 privileges of concessions of supplying upon its airports goods,
1222 commodities, things, services, and facilities; provided, that in
1223 each case in so doing the public is not deprived of its rightful
1224 equal and uniform use thereof.
1225 Section 24. Section 333.01, Florida Statutes, is amended to
1226 read:
1227 333.01 Definitions.—As used in For the purpose of this
1228 chapter, the term following words, terms, and phrases shall have
1229 the meanings herein given, unless otherwise specifically
1230 defined, or unless another intention clearly appears, or the
1231 context otherwise requires:
1232 (1) “Aeronautical study” means a Federal Aviation
1233 Administration study, conducted in accordance with the standards
1234 of 14 C.F.R. part 77, subpart C, and Federal Aviation
1235 Administration policy and guidance, on the effect of proposed
1236 construction or alteration upon the operation of air navigation
1237 facilities and the safe and efficient use of navigable airspace.
1238 (1) “Aeronautics” means transportation by aircraft; the
1239 operation, construction, repair, or maintenance of aircraft,
1240 aircraft power plants and accessories, including the repair,
1241 packing, and maintenance of parachutes; the design,
1242 establishment, construction, extension, operation, improvement,
1243 repair, or maintenance of airports, restricted landing areas, or
1244 other air navigation facilities, and air instruction.
1245 (2) “Airport” means any area of land or water designed and
1246 set aside for the landing and taking off of aircraft and used
1247 utilized or to be used utilized in the interest of the public
1248 for such purpose.
1249 (3) “Airport hazard” means an obstruction to air navigation
1250 which affects the safe and efficient use of navigable airspace
1251 or the operation of planned or existing air navigation and
1252 communication facilities any structure or tree or use of land
1253 which would exceed the federal obstruction standards as
1254 contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
1255 and which obstructs the airspace required for the flight of
1256 aircraft in taking off, maneuvering, or landing or is otherwise
1257 hazardous to such taking off, maneuvering, or landing of
1258 aircraft and for which no person has previously obtained a
1259 permit or variance pursuant to s. 333.025 or s. 333.07.
1260 (4) “Airport hazard area” means any area of land or water
1261 upon which an airport hazard might be established if not
1262 prevented as provided in this chapter.
1263 (5) “Airport land use compatibility zoning” means airport
1264 zoning regulations governing restricting the use of land on,
1265 adjacent to, or in the immediate vicinity of airports in the
1266 manner enumerated in s. 333.03(2) to activities and purposes
1267 compatible with the continuation of normal airport operations
1268 including landing and takeoff of aircraft in order to promote
1269 public health, safety, and general welfare.
1270 (6) “Airport layout plan” means a set of scaled drawings
1271 that provide a graphic representation of the existing and future
1272 development plan for the airport and demonstrate the
1273 preservation and continuity of safety, utility, and efficiency
1274 of the airport detailed, scale engineering drawing, including
1275 pertinent dimensions, of an airport’s current and planned
1276 facilities, their locations, and runway usage.
1277 (7) “Airport master plan” means a comprehensive plan of an
1278 airport which typically describes current and future plans for
1279 airport development designed to support existing and future
1280 aviation demand.
1281 (8) “Airport protection zoning regulations” means airport
1282 zoning regulations governing airport hazards.
1283 (9) “Department” means the Department of Transportation as
1284 created under s. 20.23.
1285 (10) “Educational facility” means any structure, land, or
1286 use that includes a public or private kindergarten through 12th
1287 grade school, charter school, magnet school, college campus, or
1288 university campus. The term does not include space used for
1289 educational purposes within a multi-tenant building.
1290 (11) “Landfill” has the same meaning as provided in s.
1291 403.703.
1292 (12)(7) “Obstruction” means any existing or proposed
1293 manmade object or object, of natural growth or terrain, or
1294 structure construction or alteration that exceeds violates the
1295 federal obstruction standards contained in 14 C.F.R. part 77,
1296 subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
1297 includes:
1298 (a) Any object of natural growth or terrain;
1299 (b) Permanent or temporary construction or alteration,
1300 including equipment or materials used and any permanent or
1301 temporary apparatus; or
1302 (c) Alteration of any permanent or temporary existing
1303 structure by a change in the structure’s height, including
1304 appurtenances, lateral dimensions, and equipment or materials
1305 used in the structure.
1306 (13)(8) “Person” means any individual, firm, copartnership,
1307 corporation, company, association, joint-stock association, or
1308 body politic, and includes any trustee, receiver, assignee, or
1309 other similar representative thereof.
1310 (14)(9) “Political subdivision” means the local government
1311 of any county, municipality city, town, village, or other
1312 subdivision or agency thereof, or any district or special
1313 district, port commission, port authority, or other such agency
1314 authorized to establish or operate airports in the state.
1315 (15) “Public-use airport” means an airport, publicly or
1316 privately owned, licensed by the state, which is open for use by
1317 the public.
1318 (16)(10) “Runway protection clear zone” means an area at
1319 ground level beyond the runway end to enhance the safety and
1320 protection of people and property on the ground a runway clear
1321 zone as defined in 14 C.F.R. s. 151.9(b).
1322 (17)(11) “Structure” means any object, constructed,
1323 erected, altered, or installed by humans, including, but not
1324 limited to without limitation thereof, buildings, towers,
1325 smokestacks, utility poles, power generation equipment, and
1326 overhead transmission lines.
1327 (18) “Substantial modification” means any repair,
1328 reconstruction, rehabilitation, or improvement of a structure
1329 when the actual cost of the repair, reconstruction,
1330 rehabilitation, or improvement of the structure equals or
1331 exceeds 50 percent of the market value of the structure.
1332 Section 25. Section 333.025, Florida Statutes, is amended
1333 to read:
1334 333.025 Permit required for obstructions structures
1335 exceeding federal obstruction standards.—
1336 (1) A person proposing the construction or alteration In
1337 order to prevent the erection of an obstruction must obtain a
1338 permit from the department structures dangerous to air
1339 navigation, subject to the provisions of subsections (2), (3),
1340 and (4), each person shall secure from the Department of
1341 Transportation a permit for the erection, alteration, or
1342 modification of any structure the result of which would exceed
1343 the federal obstruction standards as contained in 14 C.F.R. ss.
1344 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
1345 department of Transportation will be required only within an
1346 airport hazard area where federal obstruction standards are
1347 exceeded and if the proposed construction or alteration is
1348 within a 10-nautical-mile radius of the airport reference point,
1349 located at the approximate geometric geographical center of all
1350 usable runways of a public-use airport or a publicly owned or
1351 operated airport, a military airport, or an airport licensed by
1352 the state for public use.
1353 (2) Existing, planned, and proposed Affected airports will
1354 be considered as having those facilities on public-use airports
1355 contained in an which are shown on the airport master plan, in
1356 or an airport layout plan submitted to the Federal Aviation
1357 Administration, Airport District Office or in comparable
1358 military documents shall, and will be so protected from airport
1359 hazards. Planned or proposed public-use airports which are the
1360 subject of a notice or proposal submitted to the Federal
1361 Aviation Administration or to the Department of Transportation
1362 shall also be protected.
1363 (3) A permit is not required for existing structures that
1364 requirements of subsection (1) shall not apply to projects which
1365 received construction permits from the Federal Communications
1366 Commission for structures exceeding federal obstruction
1367 standards before prior to May 20, 1975, provided such structures
1368 now exist; a permit is not required for nor shall it apply to
1369 previously approved structures now existing, or any necessary
1370 replacement or repairs to such existing structures if, so long
1371 as the height and location are is unchanged.
1372 (4) If When political subdivisions have, in compliance with
1373 this chapter, adopted adequate airport airspace protection
1374 zoning regulations, placed in compliance with s. 333.03, and
1375 such regulations are on file with the department’s aviation
1376 office, and established a permitting process Department of
1377 Transportation, a permit for the construction or alteration of
1378 an obstruction is such structure shall not be required from the
1379 department of Transportation. Upon receipt of a complete permit
1380 application, the local government shall provide a copy of the
1381 application to the department’s aviation office by certified
1382 mail, return receipt requested, or by a delivery service that
1383 provides a receipt evidencing delivery. To evaluate technical
1384 consistency with this subsection, the department shall have a
1385 15-day review period following receipt of the application, which
1386 must run concurrently with the local government permitting
1387 process. Cranes, construction equipment, and other temporary
1388 structures in use or in place for a period not to exceed 18
1389 consecutive months are exempt from the department’s review,
1390 unless such review is requested by the department.
1391 (5) The department of Transportation shall, within 30 days
1392 after of the receipt of an application for a permit, issue or
1393 deny a permit for the construction or erection, alteration, or
1394 modification of an obstruction any structure the result of which
1395 would exceed federal obstruction standards as contained in 14
1396 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
1397 shall review permit applications in conformity with s. 120.60.
1398 (6) In determining whether to issue or deny a permit, the
1399 department shall consider:
1400 (a) The safety of persons on the ground and in the air.
1401 (b) The safe and efficient use of navigable airspace.
1402 (c)(a) The nature of the terrain and height of existing
1403 structures.
1404 (b) Public and private interests and investments.
1405 (d) The effect of the construction or alteration of an
1406 obstruction on the state licensing standards for a public-use
1407 airport contained in chapter 330 and rules adopted thereunder.
1408 (e)(c) The character of existing and planned flight flying
1409 operations and planned developments at public-use of airports.
1410 (f)(d) Federal airways, visual flight rules, flyways and
1411 corridors, and instrument approaches as designated by the
1412 Federal Aviation Administration.
1413 (g)(e) The effect of Whether the construction or alteration
1414 of an obstruction on the proposed structure would cause an
1415 increase in the minimum descent altitude or the decision height
1416 at the affected airport.
1417 (f) Technological advances.
1418 (g) The safety of persons on the ground and in the air.
1419 (h) Land use density.
1420 (i) The safe and efficient use of navigable airspace.
1421 (h)(j) The cumulative effects on navigable airspace of all
1422 existing obstructions structures, proposed structures identified
1423 in the applicable jurisdictions’ comprehensive plans, and all
1424 other known proposed obstructions structures in the area.
1425 (7) When issuing a permit under this section, the
1426 department of Transportation shall, as a specific condition of
1427 such permit, require the owner obstruction marking and lighting
1428 of the obstruction to install, operate, and maintain, at the
1429 owner’s expense, marking and lighting in conformance with the
1430 specific standards established by the Federal Aviation
1431 Administration permitted structure as provided in s.
1432 333.07(3)(b).
1433 (8) The department may of Transportation shall not approve
1434 a permit for the construction or alteration erection of an
1435 obstruction a structure unless the applicant submits both
1436 documentation showing both compliance with the federal
1437 requirement for notification of proposed construction or
1438 alteration and a valid aeronautical study. A evaluation, and no
1439 permit may not shall be approved solely on the basis that the
1440 Federal Aviation Administration determined that the such
1441 proposed construction or alteration of an obstruction was not an
1442 airport hazard structure will not exceed federal obstruction
1443 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1444 77.28, or 77.29, or any other federal aviation regulation.
1445 (9) The denial of a permit under this section is subject to
1446 administrative review pursuant to chapter 120.
1447 Section 26. Section 333.03, Florida Statutes, is amended to
1448 read:
1449 333.03 Requirement Power to adopt airport zoning
1450 regulations.—
1451 (1)(a) In order to prevent the creation or establishment of
1452 airport hazards, Every political subdivision having an airport
1453 hazard area within its territorial limits shall, by October 1,
1454 1977, adopt, administer, and enforce, under the police power and
1455 in the manner and upon the conditions hereinafter prescribed in
1456 this section, airport protection zoning regulations for such
1457 airport hazard area.
1458 (b) If Where an airport is owned or controlled by a
1459 political subdivision and if any other political subdivision has
1460 land upon which an obstruction may be constructed or altered
1461 which underlies any surface of the airport as provided in 14
1462 C.F.R. part 77, subpart C, the political subdivisions airport
1463 hazard area appertaining to such airport is located wholly or
1464 partly outside the territorial limits of said political
1465 subdivision, the political subdivision owning or controlling the
1466 airport and the political subdivision within which the airport
1467 hazard area is located, shall either:
1468 1. By interlocal agreement, in accordance with the
1469 provisions of chapter 163, adopt, administer, and enforce a set
1470 of airport protection zoning regulations applicable to the
1471 airport hazard area in question; or
1472 2. By ordinance, regulation, or resolution duly adopted,
1473 create a joint airport protection zoning board that, which board
1474 shall have the same power to adopt, administer, and enforce a
1475 set of airport protection zoning regulations applicable to the
1476 airport hazard area in question as that vested in paragraph (a)
1477 in the political subdivision within which such area is located.
1478 The Each such joint airport protection zoning board shall have
1479 as voting members two representatives appointed by each
1480 participating political subdivision participating in its
1481 creation and in addition a chair elected by a majority of the
1482 members so appointed. However, The airport manager or a
1483 representative of each airport in managers of the affected
1484 participating political subdivisions shall serve on the board in
1485 a nonvoting capacity.
1486 (c) Airport protection zoning regulations adopted under
1487 paragraph (a) must shall, at as a minimum, require:
1488 1. A permit variance for the construction or erection,
1489 alteration, or modification of any obstruction structure which
1490 would cause the structure to exceed the federal obstruction
1491 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1492 77.28, and 77.29;
1493 2. Obstruction marking and lighting for obstructions
1494 structures as specified in s. 333.07(3);
1495 3. Documentation showing compliance with the federal
1496 requirement for notification of proposed construction or
1497 alteration of structures and a valid aeronautical study
1498 evaluation submitted by each person applying for a permit
1499 variance;
1500 4. Consideration of the criteria in s. 333.025(6), when
1501 determining whether to issue or deny a permit variance; and
1502 5. That approval of a permit not be based no variance shall
1503 be approved solely on the determination by the Federal Aviation
1504 Administration basis that the such proposed structure is not an
1505 airport hazard will not exceed federal obstruction standards as
1506 contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
1507 or any other federal aviation regulation.
1508 (d) The department shall be available to provide assistance
1509 to political subdivisions regarding federal obstruction
1510 standards shall issue copies of the federal obstruction
1511 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1512 77.28, and 77.29 to each political subdivision having airport
1513 hazard areas and, in cooperation with political subdivisions,
1514 shall issue appropriate airport zoning maps depicting within
1515 each county the maximum allowable height of any structure or
1516 tree. Material distributed pursuant to this subsection shall be
1517 at no cost to authorized recipients.
1518 (2) In the manner provided in subsection (1), political
1519 subdivisions shall adopt, administer, and enforce interim
1520 airport land use compatibility zoning regulations shall be
1521 adopted. Airport land use compatibility zoning When political
1522 subdivisions have adopted land development regulations shall, at
1523 a minimum, in accordance with the provisions of chapter 163
1524 which address the use of land in the manner consistent with the
1525 provisions herein, adoption of airport land use compatibility
1526 regulations pursuant to this subsection shall not be required.
1527 Interim airport land use compatibility zoning regulations shall
1528 consider the following:
1529 (a) The prohibition of new landfills and the restriction of
1530 existing landfills Whether sanitary landfills are located within
1531 the following areas:
1532 1. Within 10,000 feet from the nearest point of any runway
1533 used or planned to be used by turbine turbojet or turboprop
1534 aircraft.
1535 2. Within 5,000 feet from the nearest point of any runway
1536 used only by only nonturbine piston-type aircraft.
1537 3. Outside the perimeters defined in subparagraphs 1. and
1538 2., but still within the lateral limits of the civil airport
1539 imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
1540 Case-by-case review of such landfills is advised.
1541 (b) Where Whether any landfill is located and constructed
1542 in a manner so that it attracts or sustains hazardous bird
1543 movements from feeding, water, or roosting areas into, or
1544 across, the runways or approach and departure patterns of
1545 aircraft. The landfill operator must political subdivision shall
1546 request from the airport authority or other governing body
1547 operating the airport a report on such bird feeding or roosting
1548 areas that at the time of the request are known to the airport.
1549 In preparing its report, the authority, or other governing body,
1550 shall consider whether the landfill will incorporate bird
1551 management techniques or other practices to minimize bird
1552 hazards to airborne aircraft. The airport authority or other
1553 governing body shall respond to the political subdivision no
1554 later than 30 days after receipt of such request.
1555 (c) Where an airport authority or other governing body
1556 operating a publicly owned, public-use airport has conducted a
1557 noise study in accordance with the provisions of 14 C.F.R. part
1558 150, or where a public-use airport owner has established noise
1559 contours pursuant to another public study approved by the
1560 Federal Aviation Administration, the prohibition of incompatible
1561 uses, as established in the noise study in 14 C.F.R. part 150,
1562 Appendix A or as a part of an alternative Federal Aviation
1563 Administration-approved public study, within the noise contours
1564 established by any of these studies, except if such uses are
1565 specifically contemplated by such study with appropriate
1566 mitigation or similar techniques described in the study neither
1567 residential construction nor any educational facility as defined
1568 in chapter 1013, with the exception of aviation school
1569 facilities, shall be permitted within the area contiguous to the
1570 airport defined by an outer noise contour that is considered
1571 incompatible with that type of construction by 14 C.F.R. part
1572 150, Appendix A or an equivalent noise level as established by
1573 other types of noise studies.
1574 (d) Where an airport authority or other governing body
1575 operating a publicly owned, public-use airport has not conducted
1576 a noise study, the prohibition of neither residential
1577 construction and nor any educational facility as defined in
1578 chapter 1013, with the exception of aviation school facilities,
1579 shall be permitted within an area contiguous to the airport
1580 measuring one-half the length of the longest runway on either
1581 side of and at the end of each runway centerline.
1582 (e)(3) The restriction of In the manner provided in
1583 subsection (1), airport zoning regulations shall be adopted
1584 which restrict new incompatible uses, activities, or substantial
1585 modifications to existing incompatible uses construction within
1586 runway protection clear zones, including uses, activities, or
1587 construction in runway clear zones which are incompatible with
1588 normal airport operations or endanger public health, safety, and
1589 welfare by resulting in congregations of people, emissions of
1590 light or smoke, or attraction of birds. Such regulations shall
1591 prohibit the construction of an educational facility of a public
1592 or private school at either end of a runway of a publicly owned,
1593 public-use airport within an area which extends 5 miles in a
1594 direct line along the centerline of the runway, and which has a
1595 width measuring one-half the length of the runway. Exceptions
1596 approving construction of an educational facility within the
1597 delineated area shall only be granted when the political
1598 subdivision administering the zoning regulations makes specific
1599 findings detailing how the public policy reasons for allowing
1600 the construction outweigh health and safety concerns prohibiting
1601 such a location.
1602 (4) The procedures outlined in subsections (1), (2), and
1603 (3) for the adoption of such regulations are supplemental to any
1604 existing procedures utilized by political subdivisions in the
1605 adoption of such regulations.
1606 (3)(5) Political subdivisions shall provide The Department
1607 of Transportation shall provide technical assistance to any
1608 political subdivision requesting assistance in the preparation
1609 of an airport zoning code. a copy of all local airport
1610 protection zoning codes, rules, and regulations and airport land
1611 use compatibility zoning regulations, and any related amendments
1612 and proposed and granted variances thereto, to shall be filed
1613 with the department’s aviation office within 30 days after
1614 adoption department.
1615 (4)(6) Nothing in Subsection (2) may not or subsection (3)
1616 shall be construed to require the removal, alteration, sound
1617 conditioning, or other change, or to interfere with the
1618 continued use or adjacent expansion of any educational facility
1619 structure or site in existence on July 1, 1993, or be construed
1620 to prohibit the construction of any new structure for which a
1621 site has been determined as provided in former s. 235.19, as of
1622 July 1, 1993.
1623 (5) This section does not prohibit an airport authority, a
1624 political subdivision or its administrative agency, or any other
1625 governing body operating a public-use airport from establishing
1626 airport zoning regulations more restrictive than prescribed in
1627 this section in order to protect the health, safety, and welfare
1628 of the public in the air and on the ground.
1629 Section 27. Section 333.04, Florida Statutes, is amended to
1630 read:
1631 333.04 Comprehensive zoning regulations; most stringent to
1632 prevail where conflicts occur.—
1633 (1) INCORPORATION.—In the event that a political
1634 subdivision has adopted, or hereafter adopts, a comprehensive
1635 plan or policy zoning ordinance regulating, among other things,
1636 the height of buildings, structures, and natural objects, and
1637 uses of property, any airport zoning regulations applicable to
1638 the same area or portion thereof may be incorporated in and made
1639 a part of such comprehensive plan or policy zoning regulations,
1640 and be administered and enforced in connection therewith.
1641 (2) CONFLICT.—In the event of conflict between any airport
1642 zoning regulations adopted under this chapter and any other
1643 regulations applicable to the same area, whether the conflict be
1644 with respect to the height of structures or vegetation trees,
1645 the use of land, or any other matter, and whether such
1646 regulations were adopted by the political subdivision that which
1647 adopted the airport zoning regulations or by some other
1648 political subdivision, the more stringent limitation or
1649 requirement shall govern and prevail.
1650 Section 28. Section 333.05, Florida Statutes, is amended to
1651 read:
1652 333.05 Procedure for adoption of airport zoning
1653 regulations.—
1654 (1) NOTICE AND HEARING.—No Airport zoning regulations may
1655 not shall be adopted, amended, or repealed changed under this
1656 chapter except by action of the legislative body of the
1657 political subdivision or affected subdivisions in question, or
1658 the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
1659 the political subdivisions bodies therein provided and set
1660 forth, after a public hearing in relation thereto, at which
1661 parties in interest and citizens shall have an opportunity to be
1662 heard. Notice of the hearing shall be published at least once a
1663 week for 2 consecutive weeks in a newspaper an official paper,
1664 or a paper of general circulation, in the political subdivision
1665 or subdivisions where in which are located the airport zoning
1666 regulations are areas to be adopted, amended, or repealed zoned.
1667 (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
1668 zoning of any airport area under this chapter, the political
1669 subdivision or joint airport zoning board that which is to
1670 adopt, administer, and enforce the regulations must shall
1671 appoint a commission, to be known as the airport zoning
1672 commission, to recommend the boundaries of the various zones to
1673 be established and the regulations to be adopted therefor. Such
1674 commission shall make a preliminary report and hold public
1675 hearings thereon before submitting its final report, and the
1676 legislative body of the political subdivision or the joint
1677 airport zoning board may shall not hold its public hearings or
1678 take any action until it has received the final report of such
1679 commission, and at least 15 days shall elapse between the
1680 receipt of the final report of the commission and the hearing to
1681 be held by the latter board. If Where a planning city plan
1682 commission, an airport commission, or a comprehensive zoning
1683 commission already exists, it may be appointed as the airport
1684 zoning commission.
1685 Section 29. Section 333.06, Florida Statutes, is amended to
1686 read:
1687 333.06 Airport zoning regulation requirements.—
1688 (1) REASONABLENESS.—All airport zoning regulations adopted
1689 under this chapter shall be reasonable and may not none shall
1690 impose any requirement or restriction which is not reasonably
1691 necessary to effectuate the purposes of this chapter. In
1692 determining what regulations it may adopt, each political
1693 subdivision and joint airport zoning board shall consider, among
1694 other things, the character of the flying operations expected to
1695 be conducted at the airport, the nature of the terrain within
1696 the airport hazard area and runway protection clear zones, the
1697 character of the neighborhood, the uses to which the property to
1698 be zoned is put and adaptable, and the impact of any new use,
1699 activity, or construction on the airport’s operating capability
1700 and capacity.
1701 (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
1702 zoning regulations adopted under this chapter is to provide both
1703 airspace protection and land uses use compatible with airport
1704 operations. Each aspect of this purpose requires independent
1705 justification in order to promote the public interest in safety,
1706 health, and general welfare. Specifically, construction in a
1707 runway protection clear zone which does not exceed airspace
1708 height restrictions is not conclusive evidence per se that such
1709 use, activity, or construction is compatible with airport
1710 operations.
1711 (3) NONCONFORMING USES.—An No airport protection zoning
1712 regulation regulations adopted under this chapter may not shall
1713 require the removal, lowering, or other change or alteration of
1714 any obstruction structure or tree not conforming to the
1715 regulation regulations when adopted or amended, or otherwise
1716 interfere with the continuance of any nonconforming use, except
1717 as provided in s. 333.07(1) and (3).
1718 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
1719 LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
1720 each public-use publicly owned and operated airport licensed by
1721 the department of Transportation under chapter 330. The
1722 authorized entity having responsibility for governing the
1723 operation of the airport, when either requesting from or
1724 submitting to a state or federal governmental agency with
1725 funding or approval jurisdiction a “finding of no significant
1726 impact,” an environmental assessment, a site-selection study, an
1727 airport master plan, or any amendment to an airport master plan,
1728 shall submit simultaneously a copy of said request, submittal,
1729 assessment, study, plan, or amendments by certified mail to all
1730 affected local governments. As used in For the purposes of this
1731 subsection, the term “affected local government” is defined as
1732 any municipality city or county having jurisdiction over the
1733 airport and any municipality city or county located within 2
1734 miles of the boundaries of the land subject to the airport
1735 master plan.
1736 Section 30. Section 333.065, Florida Statutes, is repealed.
1737 Section 31. Section 333.07, Florida Statutes, is amended to
1738 read:
1739 333.07 Local government permitting of airspace obstructions
1740 Permits and variances.—
1741 (1) PERMITS.—
1742 (a) A person proposing to construct, alter, or allow an
1743 airport obstruction in an airport hazard area in violation of
1744 the airport protection zoning regulations adopted under this
1745 chapter must apply for a permit. A Any airport zoning
1746 regulations adopted under this chapter may require that a permit
1747 be obtained before any new structure or use may be constructed
1748 or established and before any existing use or structure may be
1749 substantially changed or substantially altered or repaired. In
1750 any event, however, all such regulations shall provide that
1751 before any nonconforming structure or tree may be replaced,
1752 substantially altered or repaired, rebuilt, allowed to grow
1753 higher, or replanted, a permit must be secured from the
1754 administrative agency authorized to administer and enforce the
1755 regulations, authorizing such replacement, change, or repair. No
1756 permit may not shall be issued if it granted that would allow
1757 the establishment or creation of an airport hazard or if it
1758 would permit a nonconforming obstruction structure or tree or
1759 nonconforming use to be made or become higher or to become a
1760 greater hazard to air navigation than it was when the applicable
1761 airport protection zoning regulation was adopted which allowed
1762 the establishment or creation of the obstruction, or than it is
1763 when the application for a permit is made.
1764 (b) If Whenever the political subdivision or its
1765 administrative agency determines that a nonconforming
1766 obstruction use or nonconforming structure or tree has been
1767 abandoned or is more than 80 percent torn down, destroyed,
1768 deteriorated, or decayed, a no permit may not shall be granted
1769 if it that would allow the obstruction said structure or tree to
1770 exceed the applicable height limit or otherwise deviate from the
1771 airport protection zoning regulations.; and, Whether or not an
1772 application is made for a permit under this subsection or not,
1773 the said agency may by appropriate action, compel the owner of
1774 the nonconforming obstruction may be required structure or tree,
1775 at his or her own expense, to lower, remove, reconstruct, alter,
1776 or equip such obstruction object as may be necessary to conform
1777 to the current airport protection zoning regulations. If the
1778 owner of the nonconforming obstruction neglects or refuses
1779 structure or tree shall neglect or refuse to comply with such
1780 requirement order for 10 days after notice thereof, the
1781 administrative said agency may report the violation to the
1782 political subdivision involved therein, which subdivision,
1783 through its appropriate agency, may proceed to have the
1784 obstruction object so lowered, removed, reconstructed, altered,
1785 or equipped, and assess the cost and expense thereof upon the
1786 owner of the obstruction object or the land whereon it is or was
1787 located, and, unless such an assessment is paid within 90 days
1788 from the service of notice thereof on the owner or the owner’s
1789 agent, of such object or land, the sum shall be a lien on said
1790 land, and shall bear interest thereafter at the rate of 6
1791 percent per annum until paid, and shall be collected in the same
1792 manner as taxes on real property are collected by said political
1793 subdivision, or, at the option of said political subdivision,
1794 said lien may be enforced in the manner provided for enforcement
1795 of liens by chapter 85.
1796 (c) Except as provided herein, applications for permits
1797 shall be granted, provided the matter applied for meets the
1798 provisions of this chapter and the regulations adopted and in
1799 force hereunder.
1800 (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
1801 determining whether to issue or deny a permit, the political
1802 subdivision or its administrative agency must consider the
1803 following, as applicable:
1804 (a) The safety of persons on the ground and in the air.
1805 (b) The safe and efficient use of navigable airspace.
1806 (c) The nature of the terrain and height of existing
1807 structures.
1808 (d) The effect of the construction or alteration on the
1809 state licensing standards for a public-use airport contained in
1810 chapter 330 and rules adopted thereunder.
1811 (e) The character of existing and planned flight operations
1812 and developments at public-use airports.
1813 (f) Federal airways, visual flight rules, flyways and
1814 corridors, and instrument approaches as designated by the
1815 Federal Aviation Administration.
1816 (g) The effect of the construction or alteration of the
1817 proposed structure on the minimum descent altitude or the
1818 decision height at the affected airport.
1819 (h) The cumulative effects on navigable airspace of all
1820 existing structures and all other known proposed structures in
1821 the area.
1822 (i) Additional requirements adopted by the political
1823 subdivision or administrative agency pertinent to evaluation and
1824 protection of airspace and airport operations.
1825 (2) VARIANCES.—
1826 (a) Any person desiring to erect any structure, increase
1827 the height of any structure, permit the growth of any tree, or
1828 otherwise use his or her property in violation of the airport
1829 zoning regulations adopted under this chapter or any land
1830 development regulation adopted pursuant to the provisions of
1831 chapter 163 pertaining to airport land use compatibility, may
1832 apply to the board of adjustment for a variance from the zoning
1833 regulations in question. At the time of filing the application,
1834 the applicant shall forward to the department by certified mail,
1835 return receipt requested, a copy of the application. The
1836 department shall have 45 days from receipt of the application to
1837 comment and to provide its comments or waiver of that right to
1838 the applicant and the board of adjustment. The department shall
1839 include its explanation for any objections stated in its
1840 comments. If the department fails to provide its comments within
1841 45 days of receipt of the application, its right to comment is
1842 waived. The board of adjustment may proceed with its
1843 consideration of the application only upon the receipt of the
1844 department’s comments or waiver of that right as demonstrated by
1845 the filing of a copy of the return receipt with the board.
1846 Noncompliance with this section shall be grounds to appeal
1847 pursuant to s. 333.08 and to apply for judicial relief pursuant
1848 to s. 333.11. Such variances may only be allowed where a literal
1849 application or enforcement of the regulations would result in
1850 practical difficulty or unnecessary hardship and where the
1851 relief granted would not be contrary to the public interest but
1852 would do substantial justice and be in accordance with the
1853 spirit of the regulations and this chapter. However, any
1854 variance may be allowed subject to any reasonable conditions
1855 that the board of adjustment may deem necessary to effectuate
1856 the purposes of this chapter.
1857 (b) The Department of Transportation shall have the
1858 authority to appeal any variance granted under this chapter
1859 pursuant to s. 333.08, and to apply for judicial relief pursuant
1860 to s. 333.11.
1861 (3) OBSTRUCTION MARKING AND LIGHTING.—
1862 (a) In issuing a granting any permit or variance under this
1863 section, the political subdivision or its administrative agency
1864 or board of adjustment shall require the owner of the
1865 obstruction structure or tree in question to install, operate,
1866 and maintain thereon, at his or her own expense, such marking
1867 and lighting in conformance with the specific standards
1868 established by the Federal Aviation Administration as may be
1869 necessary to indicate to aircraft pilots the presence of an
1870 obstruction.
1871 (b) Such marking and lighting shall conform to the specific
1872 standards established by rule by the Department of
1873 Transportation.
1874 (c) Existing structures not in compliance on October 1,
1875 1988, shall be required to comply whenever the existing marking
1876 requires refurbishment, whenever the existing lighting requires
1877 replacement, or within 5 years of October 1, 1988, whichever
1878 occurs first.
1879 Section 32. Section 333.08, Florida Statutes, is repealed.
1880 Section 33. Section 333.09, Florida Statutes, is amended to
1881 read:
1882 333.09 Administration of airport protection zoning
1883 regulations.—
1884 (1) ADMINISTRATION.—All airport protection zoning
1885 regulations adopted under this chapter shall provide for the
1886 administration and enforcement of such regulations by the
1887 political subdivision or its administrative agency an
1888 administrative agency which may be an agency created by such
1889 regulations or any official, board, or other existing agency of
1890 the political subdivision adopting the regulations or of one of
1891 the political subdivisions which participated in the creation of
1892 the joint airport zoning board adopting the regulations, if
1893 satisfactory to that political subdivision, but in no case shall
1894 such administrative agency be or include any member of the board
1895 of adjustment. The duties of any administrative agency
1896 designated pursuant to this chapter must shall include that of
1897 hearing and deciding all permits under s. 333.07 s. 333.07(1),
1898 deciding all matters under s. 333.07(3), as they pertain to such
1899 agency, and all other matters under this chapter applying to
1900 said agency, but such agency shall not have or exercise any of
1901 the powers herein delegated to the board of adjustment.
1902 (2) LOCAL GOVERNMENT PROCESS.—
1903 (a) A political subdivision required to adopt airport
1904 zoning regulations under this chapter shall provide a process
1905 to:
1906 1. Issue or deny permits consistent with s. 333.07.
1907 2. Provide the department with a copy of a complete
1908 application consistent with s. 333.025(4).
1909 3. Enforce the issuance or denial of a permit or other
1910 determination made by the administrative agency with respect to
1911 airport zoning regulations.
1912 (b) If a zoning board or permitting body already exists
1913 within a political subdivision, the zoning board or permitting
1914 body may implement the airport zoning regulation permitting and
1915 appeals processes.
1916 (3) APPEALS.—
1917 (a) A person, a political subdivision or its administrative
1918 agency, or a joint airport zoning board that contends a decision
1919 made by a political subdivision or its administrative agency is
1920 an improper application of airport zoning regulations may use
1921 the process established for an appeal.
1922 (b) All appeals taken under this section must be taken
1923 within a reasonable time, as provided by the political
1924 subdivision or its administrative agency, by filing with the
1925 entity from which the appeal is taken a notice of appeal
1926 specifying the grounds for appeal.
1927 (c) An appeal shall stay all proceedings in the underlying
1928 action appealed from, unless the entity from which the appeal is
1929 taken certifies pursuant to the rules for appeal that by reason
1930 of the facts stated in the certificate a stay would, in its
1931 opinion, cause imminent peril to life or property. In such
1932 cases, proceedings may not be stayed except by order of the
1933 political subdivision or its administrative agency on notice to
1934 the entity from which the appeal is taken and for good cause
1935 shown.
1936 (d) The political subdivision or its administrative agency
1937 shall set a reasonable time for the hearing of appeals, give
1938 public notice and due notice to the parties in interest, and
1939 decide the same within a reasonable time. Upon the hearing, any
1940 party may appear in person, by agent, or by attorney.
1941 (e) The political subdivision or its administrative agency
1942 may, in conformity with this chapter, affirm, reverse, or modify
1943 the decision on the permit or other determination from which the
1944 appeal is taken.
1945 Section 34. Section 333.10, Florida Statutes, is repealed.
1946 Section 35. Section 333.11, Florida Statutes, is amended to
1947 read:
1948 333.11 Judicial review.—
1949 (1) Any person, aggrieved, or taxpayer affected, by any
1950 decision of a board of adjustment, or any governing body of a
1951 political subdivision, or the Department of Transportation or
1952 any joint airport zoning board affected by a decision of a
1953 political subdivision, or its of any administrative agency
1954 hereunder, may apply for judicial relief to the circuit court in
1955 the judicial circuit where the political subdivision board of
1956 adjustment is located within 30 days after rendition of the
1957 decision by the board of adjustment. Review shall be by petition
1958 for writ of certiorari, which shall be governed by the Florida
1959 Rules of Appellate Procedure.
1960 (2) Upon presentation of such petition to the court, it may
1961 allow a writ of certiorari, directed to the board of adjustment,
1962 to review such decision of the board. The allowance of the writ
1963 shall not stay the proceedings upon the decision appealed from,
1964 but the court may, on application, on notice to the board, on
1965 due hearing and due cause shown, grant a restraining order.
1966 (3) The board of adjustment shall not be required to return
1967 the original papers acted upon by it, but it shall be sufficient
1968 to return certified or sworn copies thereof or of such portions
1969 thereof as may be called for by the writ. The return shall
1970 concisely set forth such other facts as may be pertinent and
1971 material to show the grounds of the decision appealed from and
1972 shall be verified.
1973 (2)(4) The court has shall have exclusive jurisdiction to
1974 affirm, reverse, or modify, or set aside the decision on the
1975 permit or other determination from which the appeal is taken
1976 brought up for review, in whole or in part, and, if appropriate
1977 need be, to order further proceedings by the political
1978 subdivision or its administrative agency board of adjustment.
1979 The findings of fact by the political subdivision or its
1980 administrative agency board, if supported by substantial
1981 evidence, shall be accepted by the court as conclusive, and an
1982 no objection to a decision of the political subdivision or its
1983 administrative agency may not board shall be considered by the
1984 court unless such objection was raised in the underlying
1985 proceeding shall have been urged before the board, or, if it was
1986 not so urged, unless there were reasonable grounds for failure
1987 to do so.
1988 (3)(5) If In any case in which airport zoning regulations
1989 adopted under this chapter, although generally reasonable, are
1990 held by a court to interfere with the use and enjoyment of a
1991 particular structure or parcel of land to such an extent, or to
1992 be so onerous in their application to such a structure or parcel
1993 of land, as to constitute a taking or deprivation of that
1994 property in violation of the State Constitution or the
1995 Constitution of the United States, such holding shall not affect
1996 the application of such regulations to other structures and
1997 parcels of land, or such regulations as are not involved in the
1998 particular decision.
1999 (4)(6) A judicial No appeal to any court may not shall be
2000 or is permitted under this section until the appellant has
2001 exhausted all of its remedies through application for local
2002 government permits, exceptions, and appeals, to any courts, as
2003 herein provided, save and except an appeal from a decision of
2004 the board of adjustment, the appeal herein provided being from
2005 such final decision of such board only, the appellant being
2006 hereby required to exhaust his or her remedies hereunder of
2007 application for permits, exceptions and variances, and appeal to
2008 the board of adjustment, and gaining a determination by said
2009 board, before being permitted to appeal to the court hereunder.
2010 Section 36. Section 333.12, Florida Statutes, is amended to
2011 read:
2012 333.12 Acquisition of air rights.—If In any case which: it
2013 is desired to remove, lower or otherwise terminate a
2014 nonconforming obstruction is determined to be an airport hazard
2015 and the owner will not remove, lower, or otherwise eliminate it
2016 structure or use; or the approach protection necessary cannot,
2017 because of constitutional limitations, be provided by airport
2018 zoning regulations under this chapter; or it appears advisable
2019 that the necessary approach protection be provided by
2020 acquisition of property rights rather than by airport zoning
2021 regulations, the political subdivision within which the property
2022 or nonconforming obstruction use is located, or the political
2023 subdivision owning or operating the airport or being served by
2024 it, may acquire, by purchase, grant, or condemnation in the
2025 manner provided by chapter 73, such property, air right,
2026 avigation navigation easement, or other estate, portion, or
2027 interest in the property or nonconforming obstruction structure
2028 or use or such interest in the air above such property, tree,
2029 structure, or use, in question, as may be necessary to
2030 effectuate the purposes of this chapter, and in so doing, if by
2031 condemnation, to have the right to take immediate possession of
2032 the property, interest in property, air right, or other right
2033 sought to be condemned, at the time, and in the manner and form,
2034 and as authorized by chapter 74. In the case of the purchase of
2035 any property, or any easement, or estate or interest therein or
2036 the acquisition of the same by the power of eminent domain, the
2037 political subdivision making such purchase or exercising such
2038 power shall, in addition to the damages for the taking, injury,
2039 or destruction of property, also pay the cost of the removal and
2040 relocation of any structure or any public utility that which is
2041 required to be moved to a new location.
2042 Section 37. Section 333.13, Florida Statutes, is amended to
2043 read:
2044 333.13 Enforcement and remedies.—
2045 (1) Each violation of this chapter or of any airport zoning
2046 regulations, orders, or rulings adopted promulgated or made
2047 pursuant to this chapter shall constitute a misdemeanor of the
2048 second degree, punishable as provided in s. 775.082 or s.
2049 775.083, and each day a violation continues to exist shall
2050 constitute a separate offense.
2051 (2) In addition, the political subdivision or agency
2052 adopting the airport zoning regulations under this chapter may
2053 institute in any court of competent jurisdiction an action to
2054 prevent, restrain, correct, or abate any violation of this
2055 chapter or of airport zoning regulations adopted under this
2056 chapter or of any order or ruling made in connection with their
2057 administration or enforcement, and the court shall adjudge to
2058 the plaintiff such relief, by way of injunction, (which may be
2059 mandatory,) or otherwise, as may be proper under all the facts
2060 and circumstances of the case in order to fully effectuate the
2061 purposes of this chapter and of the regulations adopted and
2062 orders and rulings made pursuant thereto.
2063 (3) The department of Transportation may institute a civil
2064 action for injunctive relief in the appropriate circuit court to
2065 prevent violation of any provision of this chapter.
2066 Section 38. Section 333.135, Florida Statutes, is created
2067 to read:
2068 333.135 Transition provisions.—
2069 (1) Any airport zoning regulation in effect on July 1,
2070 2016, which includes provisions in conflict with this chapter
2071 shall be amended to conform to the requirements of this chapter
2072 by July 1, 2017.
2073 (2) Any political subdivision having an airport within its
2074 territorial limits which has not adopted airport zoning
2075 regulations shall, by July 1, 2017, adopt airport zoning
2076 regulations consistent with this chapter.
2077 (3) For those political subdivisions that have not yet
2078 adopted airport zoning regulations pursuant to this chapter, the
2079 department shall administer the permitting process as provided
2080 in s. 333.025.
2081 Section 39. Section 333.14, Florida Statutes, is repealed.
2082 Section 40. Section 335.085, Florida Statutes, is created
2083 to read:
2084 335.085 Installation of roadside barriers along certain
2085 water bodies contiguous with state roads.—
2086 (1) This section shall be cited as “Chloe’s Law.”
2087 (2) By June 30, 2018, the department shall install roadside
2088 barriers to shield water bodies contiguous with state roads at
2089 locations where a death due to drowning resulted from a motor
2090 vehicle accident in which a vehicle departed the adjacent state
2091 road during the period between July 1, 2006, and July 1, 2016.
2092 This requirement does not apply to any location at which the
2093 department’s chief engineer determines, based on engineering
2094 principles, that installation of a barrier would increase the
2095 risk of injury to motorists traveling on the adjacent state
2096 road.
2097 Section 41. The Department of Transportation shall review
2098 all motor vehicle accidents that resulted in death due to
2099 drowning in a water body contiguous with a state road and that
2100 occurred during the period between July 1, 2006, and July 1,
2101 2016. The department shall use the reconciled crash data
2102 received from the Department of Highway Safety and Motor
2103 Vehicles and shall submit a report to the President of the
2104 Senate and the Speaker of the House of Representatives by
2105 January 3, 2017, providing recommendations regarding any
2106 necessary changes to state laws and department rules to enhance
2107 traffic safety.
2108 Section 42. Subsection (3) of section 337.0261, Florida
2109 Statutes, is amended to read:
2110 337.0261 Construction aggregate materials.—
2111 (3) LOCAL GOVERNMENT DECISIONMAKING.—A No local government
2112 may not shall approve or deny a proposed land use zoning change,
2113 comprehensive plan amendment, land use permit, ordinance, or
2114 order regarding construction aggregate materials without
2115 considering any information provided by the Department of
2116 Transportation regarding the effect such change, amendment,
2117 permit decision, ordinance, or order would have on the
2118 availability, transportation, cost, and potential extraction of
2119 construction aggregate materials on the local area, the region,
2120 and the state. The failure of the Department of Transportation
2121 to provide this information shall not be a basis for delay or
2122 invalidation of the local government action. A No local
2123 government may not impose a moratorium, or combination of
2124 moratoria, of more than 12 months’ duration on the mining or
2125 extraction of construction aggregate materials, commencing on
2126 the date the vote was taken to impose the moratorium. January 1,
2127 2007, shall serve as the commencement of the 12-month period for
2128 moratoria already in place as of July 1, 2007.
2129 Section 43. Paragraph (a) of subsection (1) of section
2130 337.18, Florida Statutes, is amended to read:
2131 337.18 Surety bonds for construction or maintenance
2132 contracts; requirement with respect to contract award; bond
2133 requirements; defaults; damage assessments.—
2134 (1)(a) A surety bond shall be required of the successful
2135 bidder in an amount equal to the awarded contract price.
2136 However, the department may choose, in its discretion and
2137 applicable only to multiyear maintenance contracts, to allow for
2138 incremental annual contract bonds that cumulatively total the
2139 full, awarded, multiyear contract price.
2140 1. The department may waive the requirement for all or a
2141 portion of a surety bond if:
2142 a. For a project for which The contract price is $250,000
2143 or less and, the department may waive the requirement for all or
2144 a portion of a surety bond if it determines that the project is
2145 of a noncritical nature and that nonperformance will not
2146 endanger public health, safety, or property;
2147 b. The prime contractor is a qualified nonprofit agency for
2148 the blind or for the other severely handicapped under s.
2149 413.036(2); or
2150 c. The prime contractor is using a subcontractor that is a
2151 qualified nonprofit agency for the blind or for the other
2152 severely handicapped under s. 413.036(2). However, the
2153 department may not waive more than the amount of the
2154 subcontract.
2155 2. If the Secretary of Transportation or the secretary’s
2156 designee determines that it is in the best interests of the
2157 department to reduce the bonding requirement for a project and
2158 that to do so will not endanger public health, safety, or
2159 property, the department may waive the requirement of a surety
2160 bond in an amount equal to the awarded contract price for a
2161 project having a contract price of $250 million or more and, in
2162 its place, may set a surety bond amount that is a portion of the
2163 total contract price and provide an alternate means of security
2164 for the balance of the contract amount that is not covered by
2165 the surety bond or provide for incremental surety bonding and
2166 provide an alternate means of security for the balance of the
2167 contract amount that is not covered by the surety bond. Such
2168 alternative means of security may include letters of credit,
2169 United States bonds and notes, parent company guarantees, and
2170 cash collateral. The department may require alternate means of
2171 security if a surety bond is waived. The surety on such bond
2172 shall be a surety company authorized to do business in the
2173 state. All bonds shall be payable to the department and
2174 conditioned for the prompt, faithful, and efficient performance
2175 of the contract according to plans and specifications and within
2176 the time period specified, and for the prompt payment of all
2177 persons defined in s. 713.01 furnishing labor, material,
2178 equipment, and supplies for work provided in the contract;
2179 however, whenever an improvement, demolition, or removal
2180 contract price is $25,000 or less, the security may, in the
2181 discretion of the bidder, be in the form of a cashier’s check,
2182 bank money order of any state or national bank, certified check,
2183 or postal money order. The department shall adopt rules to
2184 implement this subsection. Such rules shall include provisions
2185 under which the department shall refuse to accept bonds on
2186 contracts when a surety wrongfully fails or refuses to settle or
2187 provide a defense for claims or actions arising under a contract
2188 for which the surety previously furnished a bond.
2189 Section 44. Subsection (4) of section 338.165, Florida
2190 Statutes, is amended, and subsection (11) is added to that
2191 section, to read:
2192 338.165 Continuation of tolls.—
2193 (4) Notwithstanding any other law to the contrary, pursuant
2194 to s. 11, Art. VII of the State Constitution, and subject to the
2195 requirements of subsection (2), the Department of Transportation
2196 may request the Division of Bond Finance to issue bonds secured
2197 by toll revenues collected on the Alligator Alley and, the
2198 Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
2199 Bridge, and the Pinellas Bayway to fund transportation projects
2200 located within the county or counties in which the project is
2201 located and contained in the adopted work program of the
2202 department.
2203 (11) The department’s Pinellas Bayway System may be
2204 transferred by the department and become part of the turnpike
2205 system under the Florida Turnpike Enterprise Law. The transfer
2206 does not affect the rights of the parties, or their successors
2207 in interest, under the settlement agreement and final judgment
2208 in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
2209 v. State Road Department of the State of Florida, No. 67-1081
2210 (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
2211 System to the turnpike system, the department shall also
2212 transfer to the Florida Turnpike Enterprise the funds deposited
2213 in the reserve account established by chapter 85-364, Laws of
2214 Florida, as amended by chapters 95-382 and 2014-223, Laws of
2215 Florida, which funds shall be used by the Florida Turnpike
2216 Enterprise solely to help fund the costs of repair or
2217 replacement of the transferred facilities.
2218 Section 45. Chapter 85-364, Laws of Florida, as amended by
2219 chapter 95-382 and section 48 of chapter 2014-223, Laws of
2220 Florida, is repealed.
2221 Section 46. Subsections (5) and (6) of section 338.231,
2222 Florida Statutes, are amended to read:
2223 338.231 Turnpike tolls, fixing; pledge of tolls and other
2224 revenues.—The department shall at all times fix, adjust, charge,
2225 and collect such tolls and amounts for the use of the turnpike
2226 system as are required in order to provide a fund sufficient
2227 with other revenues of the turnpike system to pay the cost of
2228 maintaining, improving, repairing, and operating such turnpike
2229 system; to pay the principal of and interest on all bonds issued
2230 to finance or refinance any portion of the turnpike system as
2231 the same become due and payable; and to create reserves for all
2232 such purposes.
2233 (5) In each fiscal year while any of the bonds of the
2234 Broward County Expressway Authority series 1984 and series 1986
2235 A remain outstanding, the department is authorized to pledge
2236 revenues from the turnpike system to the payment of principal
2237 and interest of such series of bonds and the operation and
2238 maintenance expenses of the Sawgrass Expressway, to the extent
2239 gross toll revenues of the Sawgrass Expressway are insufficient
2240 to make such payments. The terms of an agreement relative to the
2241 pledge of turnpike system revenue will be negotiated with the
2242 parties of the 1984 and 1986 Broward County Expressway Authority
2243 lease-purchase agreements, and subject to the covenants of those
2244 agreements. The agreement must establish that the Sawgrass
2245 Expressway is subject to the planning, management, and operating
2246 control of the department limited only by the terms of the
2247 lease-purchase agreements. The department shall provide for the
2248 payment of operation and maintenance expenses of the Sawgrass
2249 Expressway until such agreement is in effect. This pledge of
2250 turnpike system revenues is subordinate to the debt service
2251 requirements of any future issue of turnpike bonds, the payment
2252 of turnpike system operation and maintenance expenses, and
2253 subject to any subsequent resolution or trust indenture relating
2254 to the issuance of such turnpike bonds.
2255 (5)(6) The use and disposition of revenues pledged to bonds
2256 are subject to ss. 338.22-338.241 and such regulations as the
2257 resolution authorizing the issuance of the bonds or such trust
2258 agreement may provide.
2259 Section 47. Paragraph (i) of subsection (6) and paragraph
2260 (c) of subsection (7) of section 339.175, Florida Statutes, are
2261 amended to read:
2262 339.175 Metropolitan planning organization.—
2263 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
2264 privileges, and authority of an M.P.O. are those specified in
2265 this section or incorporated in an interlocal agreement
2266 authorized under s. 163.01. Each M.P.O. shall perform all acts
2267 required by federal or state laws or rules, now and subsequently
2268 applicable, which are necessary to qualify for federal aid. It
2269 is the intent of this section that each M.P.O. shall be involved
2270 in the planning and programming of transportation facilities,
2271 including, but not limited to, airports, intercity and high
2272 speed rail lines, seaports, and intermodal facilities, to the
2273 extent permitted by state or federal law.
2274 (i) The Tampa Bay Area Regional Transportation Authority
2275 Metropolitan Planning Organization Chairs A chair’s Coordinating
2276 Committee is created within the Tampa Bay Area Regional
2277 Transportation Authority, composed of the M.P.O.’s serving
2278 Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk,
2279 and Sarasota Counties. The authority shall provide
2280 administrative support and direction to the committee. The
2281 committee must, at a minimum:
2282 1. Coordinate transportation projects deemed to be
2283 regionally significant by the committee.
2284 2. Review the impact of regionally significant land use
2285 decisions on the region.
2286 3. Review all proposed regionally significant
2287 transportation projects in the respective transportation
2288 improvement programs which affect more than one of the M.P.O.’s
2289 represented on the committee.
2290 4. Institute a conflict resolution process to address any
2291 conflict that may arise in the planning and programming of such
2292 regionally significant projects.
2293 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
2294 develop a long-range transportation plan that addresses at least
2295 a 20-year planning horizon. The plan must include both long
2296 range and short-range strategies and must comply with all other
2297 state and federal requirements. The prevailing principles to be
2298 considered in the long-range transportation plan are: preserving
2299 the existing transportation infrastructure; enhancing Florida’s
2300 economic competitiveness; and improving travel choices to ensure
2301 mobility. The long-range transportation plan must be consistent,
2302 to the maximum extent feasible, with future land use elements
2303 and the goals, objectives, and policies of the approved local
2304 government comprehensive plans of the units of local government
2305 located within the jurisdiction of the M.P.O. Each M.P.O. is
2306 encouraged to consider strategies that integrate transportation
2307 and land use planning to provide for sustainable development and
2308 reduce greenhouse gas emissions. The approved long-range
2309 transportation plan must be considered by local governments in
2310 the development of the transportation elements in local
2311 government comprehensive plans and any amendments thereto. The
2312 long-range transportation plan must, at a minimum:
2313 (c) Assess capital investment and other measures necessary
2314 to:
2315 1. Ensure the preservation of the existing metropolitan
2316 transportation system including requirements for the operation,
2317 resurfacing, restoration, and rehabilitation of major roadways
2318 and requirements for the operation, maintenance, modernization,
2319 and rehabilitation of public transportation facilities; and
2320 2. Make the most efficient use of existing transportation
2321 facilities to relieve vehicular congestion, improve safety, and
2322 maximize the mobility of people and goods. Such efforts must
2323 include, but are not limited to, consideration of infrastructure
2324 and technological improvements necessary to accommodate advances
2325 in vehicle technology, such as autonomous technology and other
2326 developments.
2327
2328 In the development of its long-range transportation plan, each
2329 M.P.O. must provide the public, affected public agencies,
2330 representatives of transportation agency employees, freight
2331 shippers, providers of freight transportation services, private
2332 providers of transportation, representatives of users of public
2333 transit, and other interested parties with a reasonable
2334 opportunity to comment on the long-range transportation plan.
2335 The long-range transportation plan must be approved by the
2336 M.P.O.
2337 Section 48. Subsection (2) of section 339.2818, Florida
2338 Statutes, is amended to read:
2339 339.2818 Small County Outreach Program.—
2340 (2)(a) For the purposes of this section, the term “small
2341 county” means any county that has a population of 170,000
2342 150,000 or less as determined by the most recent official
2343 estimate pursuant to s. 186.901.
2344 (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
2345 year, for purposes of this section, the term “small county”
2346 means any county that has a population of 165,000 or less as
2347 determined by the most recent official estimate pursuant to s.
2348 186.901. This paragraph expires July 1, 2016.
2349 Section 49. Subsections (1) and (2) of section 339.55,
2350 Florida Statutes, are amended to read:
2351 339.55 State-funded infrastructure bank.—
2352 (1) There is created within the Department of
2353 Transportation a state-funded infrastructure bank for the
2354 purpose of providing loans and credit enhancements to government
2355 units and private entities for use in constructing and improving
2356 transportation facilities or ancillary facilities that produce
2357 or distribute natural gas or fuel.
2358 (2) The bank may lend capital costs or provide credit
2359 enhancements for:
2360 (a) A transportation facility project that is on the State
2361 Highway System or that provides for increased mobility on the
2362 state’s transportation system or provides intermodal
2363 connectivity with airports, seaports, rail facilities, and other
2364 transportation terminals, pursuant to s. 341.053, for the
2365 movement of people and goods.
2366 (b) Projects of the Transportation Regional Incentive
2367 Program which are identified pursuant to s. 339.2819(4).
2368 (c)1. Emergency loans for damages incurred to public-use
2369 commercial deepwater seaports, public-use airports, and other
2370 public-use transit and intermodal facilities that are within an
2371 area that is part of an official state declaration of emergency
2372 pursuant to chapter 252 and all other applicable laws. Such
2373 loans:
2374 a. May not exceed 24 months in duration except in extreme
2375 circumstances, for which the Secretary of Transportation may
2376 grant up to 36 months upon making written findings specifying
2377 the conditions requiring a 36-month term.
2378 b. Require application from the recipient to the department
2379 that includes documentation of damage claims filed with the
2380 Federal Emergency Management Agency or an applicable insurance
2381 carrier and documentation of the recipient’s overall financial
2382 condition.
2383 c. Are subject to approval by the Secretary of
2384 Transportation and the Legislative Budget Commission.
2385 2. Loans provided under this paragraph must be repaid upon
2386 receipt by the recipient of eligible program funding for damages
2387 in accordance with the claims filed with the Federal Emergency
2388 Management Agency or an applicable insurance carrier, but no
2389 later than the duration of the loan.
2390 (d) Beginning July 1, 2017, applications for the
2391 development and construction of natural gas fuel production or
2392 distribution facilities used primarily to support the
2393 transportation activities at seaports or intermodal facilities.
2394 Loans under this paragraph may be used to refinance outstanding
2395 debt.
2396 Section 50. Paragraph (c) is added to subsection (3) of
2397 section 339.64, Florida Statutes, and paragraph (a) of
2398 subsection (4) of that section is amended, to read:
2399 339.64 Strategic Intermodal System Plan.—
2400 (3)
2401 (c) The department shall coordinate with federal, regional,
2402 and local partners, as well as industry representatives, to
2403 consider infrastructure and technological improvements necessary
2404 to accommodate advances in vehicle technology, such as
2405 autonomous technology and other developments, in Strategic
2406 Intermodal System facilities.
2407 (4) The Strategic Intermodal System Plan shall include the
2408 following:
2409 (a) A needs assessment that must include, but is not
2410 limited to, consideration of infrastructure and technological
2411 improvements necessary to accommodate advances in vehicle
2412 technology, such as autonomous technology and other
2413 developments.
2414 Section 51. Section 341.0532, Florida Statutes, is
2415 repealed.
2416 Section 52. Paragraphs (a) and (b) of subsection (2) of
2417 section 343.92, Florida Statutes, are amended to read:
2418 343.92 Tampa Bay Area Regional Transportation Authority.—
2419 (2) The governing board of the authority shall consist of
2420 15 voting 16 members.
2421 (a) There shall be one nonvoting, ex officio member of the
2422 board who shall be appointed by The secretary of the department
2423 shall appoint two advisors to the board but who must be the
2424 district secretary for each one of the department districts
2425 within the seven-county area of the authority, at the discretion
2426 of the secretary of the department.
2427 (b) The There shall be 15 voting members of the board shall
2428 be as follows:
2429 1. The county commissions of Citrus, Hernando,
2430 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
2431 shall each appoint one elected official to the board. Members
2432 appointed under this subparagraph shall serve 2-year terms with
2433 not more than three consecutive terms being served by any
2434 person. If a member under this subparagraph leaves elected
2435 office, a vacancy exists on the board to be filled as provided
2436 in this subparagraph.
2437 2. The Tampa Bay Area Regional Transportation Authority
2438 (TBARTA) Metropolitan Planning Organization West Central Florida
2439 M.P.O. Chairs Coordinating Committee shall appoint one member to
2440 the board who must be a chair of one of the six metropolitan
2441 planning organizations in the region. The member appointed under
2442 this subparagraph shall serve a 2-year term with not more than
2443 three consecutive terms being served by any person.
2444 3.a. Two members of the board shall be the mayor, or the
2445 mayor’s designee, of the largest municipality within the service
2446 area of each of the following independent transit agencies or
2447 their legislatively created successor agencies: Pinellas
2448 Suncoast Transit Authority and Hillsborough Area Regional
2449 Transit Authority. The largest municipality is that municipality
2450 with the largest population as determined by the most recent
2451 United States Decennial Census.
2452 b. Should a mayor choose not to serve, his or her designee
2453 must be an elected official selected by the mayor from that
2454 largest municipality’s city council or city commission. A mayor
2455 or his or her designee shall serve a 2-year term with not more
2456 than three consecutive terms being served by any person.
2457 c. A designee’s term ends if the mayor leaves office for
2458 any reason. If a designee leaves elected office on the city
2459 council or commission, a vacancy exists on the board to be
2460 filled by the mayor of that municipality as provided in sub
2461 subparagraph a.
2462 d. A mayor who has served three consecutive terms on the
2463 board must designate an elected official from that largest
2464 municipality’s city council or city commission to serve on the
2465 board for at least one term.
2466 4.a. One membership on the board shall rotate every 2 years
2467 between the mayor, or his or her designee, of the largest
2468 municipality within Manatee County and the mayor, or his or her
2469 designee, of the largest municipality within Sarasota County.
2470 The mayor, or his or her designee, from the largest municipality
2471 within Manatee County shall serve the first 2-year term. The
2472 largest municipality is that municipality with the largest
2473 population as determined by the most recent United States
2474 Decennial Census.
2475 b. Should a mayor choose not to serve, his or her designee
2476 must be an elected official selected by the mayor from that
2477 municipality’s city council or city commission.
2478 5. The Governor shall appoint to the board four business
2479 representatives, each of whom must reside in one of the seven
2480 counties governed by the authority, none of whom may be elected
2481 officials, and at least one but not more than two of whom shall
2482 represent counties within the federally designated Tampa Bay
2483 Transportation Management Area. Members appointed by the
2484 Governor shall serve 3-year terms with not more than two
2485 consecutive terms being served by any person.
2486 Section 53. Paragraphs (d), (e), and (f) of subsection (3)
2487 of section 343.922, Florida Statutes, are amended, and paragraph
2488 (g) is added to that subsection, to read:
2489 343.922 Powers and duties.—
2490 (3)
2491 (d) After its adoption, the master plan shall be updated
2492 every 5 2 years before July 1.
2493 (e) The authority shall present the original master plan
2494 and updates to the governing bodies of the counties within the
2495 seven-county region, to the TBARTA Metropolitan Planning
2496 Organization West Central Florida M.P.O. Chairs Coordinating
2497 Committee, and to the legislative delegation members
2498 representing those counties within 90 days after adoption.
2499 (f) The authority shall coordinate plans and projects with
2500 the TBARTA Metropolitan Planning Organization West Central
2501 Florida M.P.O. Chairs Coordinating Committee, to the extent
2502 practicable, and participate in the regional M.P.O. planning
2503 process to ensure regional comprehension of the authority’s
2504 mission, goals, and objectives.
2505 (g) The authority shall provide administrative support and
2506 direction to the TBARTA Metropolitan Planning Organization
2507 Chairs Coordinating Committee as provided in s. 339.175(6)(i).
2508 Section 54. Subsection (3) of section 348.565, Florida
2509 Statutes, is amended, and subsection (5) is added to that
2510 section, to read:
2511 348.565 Revenue bonds for specified projects.—The existing
2512 facilities that constitute the Tampa-Hillsborough County
2513 Expressway System are hereby approved to be refinanced by
2514 revenue bonds issued by the Division of Bond Finance of the
2515 State Board of Administration pursuant to s. 11(f), Art. VII of
2516 the State Constitution and the State Bond Act or by revenue
2517 bonds issued by the authority pursuant to s. 348.56(1)(b). In
2518 addition, the following projects of the Tampa-Hillsborough
2519 County Expressway Authority are approved to be financed or
2520 refinanced by the issuance of revenue bonds in accordance with
2521 this part and s. 11(f), Art. VII of the State Constitution:
2522 (3) Lee Roy Selmon Crosstown Expressway System widening,
2523 and any extensions thereof.
2524 (5) Capital projects that the authority is authorized to
2525 acquire, construct, reconstruct, equip, operate, and maintain
2526 pursuant to this part, including, without limitation, s.
2527 348.54(15), provided that any financing of such projects does
2528 not pledge the full faith and credit of the state.
2529 Section 55. Subsection (20) is added to section 479.16,
2530 Florida Statutes, to read:
2531 479.16 Signs for which permits are not required.—The
2532 following signs are exempt from the requirement that a permit
2533 for a sign be obtained under this chapter but are required to
2534 comply with s. 479.11(4)-(8), and the provisions of subsections
2535 (15)-(20) (15)-(19) may not be implemented or continued if the
2536 Federal Government notifies the department that implementation
2537 or continuation will adversely affect the allocation of federal
2538 funds to the department:
2539 (20) Signs that are located within the controlled area of a
2540 federal-aid primary highway but that are on a parcel adjacent to
2541 an off-ramp to the termination point of a turnpike system, if
2542 there is no directional decision to be made by a driver, the
2543 signs are primarily facing the off-ramp, and the signs have been
2544 in existence since at least 1995.
2545
2546 If the exemptions in subsections (15)-(20) (15)-(19) are not
2547 implemented or continued due to notification from the Federal
2548 Government that the allocation of federal funds to the
2549 department will be adversely impacted, the department shall
2550 provide notice to the sign owner that the sign must be removed
2551 within 30 days after receipt of the notice. If the sign is not
2552 removed within 30 days after receipt of the notice by the sign
2553 owner, the department may remove the sign, and the costs
2554 incurred in connection with the sign removal shall be assessed
2555 against and collected from the sign owner.
2556 Section 56. Section 563.13, Florida Statutes, is created to
2557 read:
2558 563.13 Florida brewery directional signs; fees.—Upon the
2559 request of a brewery licensed under s. 561.221(2) or (3) which
2560 produces a minimum of 2,500 barrels per year on the premises, is
2561 open to the public at least 30 hours per week, and is available
2562 for tours, the Department of Transportation shall install
2563 directional signs for the brewery on the rights-of-way of
2564 interstate highways and primary and secondary roads in
2565 accordance with Florida’s Highway Guide Sign Program as provided
2566 in chapter 14-51, Florida Administrative Code. A brewery
2567 licensed in this state which requests placement of a directional
2568 sign through the department’s permit process shall pay all
2569 associated costs.
2570 Section 57. Paragraph (a) of subsection (2) of section
2571 812.014, Florida Statutes, is amended to read:
2572 812.014 Theft.—
2573 (2)(a)1. If the property stolen is valued at $100,000 or
2574 more or is a semitrailer that was deployed by a law enforcement
2575 officer; or
2576 2. If the property stolen is cargo valued at $50,000 or
2577 more that has entered the stream of interstate or intrastate
2578 commerce from the shipper’s loading platform to the consignee’s
2579 receiving dock; or
2580 3. If the offender commits any grand theft and:
2581 a. In the course of committing the offense the offender
2582 uses a motor vehicle as an instrumentality, other than merely as
2583 a getaway vehicle, to assist in committing the offense and
2584 thereby damages the real property of another; or
2585 b. In the course of committing the offense the offender
2586 causes damage to the real or personal property of another in
2587 excess of $1,000; or,
2588 c. In the course of committing the offense the offender
2589 uses any type of device to defeat, block, disable, jam, or
2590 interfere with a global positioning system or similar system
2591 designed to identify the location of the cargo or the vehicle or
2592 trailer carrying the cargo,
2593
2594 the offender commits grand theft in the first degree, punishable
2595 as a felony of the first degree, as provided in s. 775.082, s.
2596 775.083, or s. 775.084.
2597 Section 58. The Department of Transportation, in
2598 consultation with the Department of Highway Safety and Motor
2599 Vehicles, shall study the use and safe operation of driver
2600 assistive truck platooning technology, as defined in s. 316.003,
2601 Florida Statutes, for the purpose of developing a pilot project
2602 to test vehicles that are equipped to operate using driver
2603 assistive truck platooning technology.
2604 (1) Upon conclusion of the study, the Department of
2605 Transportation, in consultation with the Department of Highway
2606 Safety and Motor Vehicles, may conduct a pilot project to test
2607 the use and safe operation of vehicles equipped with driver
2608 assistive truck platooning technology.
2609 (2) Notwithstanding ss. 316.0895 and 316.303, Florida
2610 Statutes, the Department of Transportation may conduct the pilot
2611 project in such a manner and at such locations as determined by
2612 the Department of Transportation based on the study.
2613 (3) Before the start of the pilot project, manufacturers of
2614 driver–assistive truck platooning technology being tested in the
2615 pilot project must submit to the Department of Highway Safety
2616 and Motor Vehicles an instrument of insurance, a surety bond, or
2617 proof of self-insurance acceptable to the department in the
2618 amount of $5 million.
2619 (4) Upon conclusion of the pilot project, the Department of
2620 Transportation, in consultation with the Department of Highway
2621 Safety and Motor Vehicles, shall submit the results of the study
2622 and any findings or recommendations from the pilot project to
2623 the Governor, the President of the Senate, and the Speaker of
2624 the House of Representatives.
2625 Section 59. (1)(a) The Office of Economic and Demographic
2626 Research shall evaluate and determine the economic benefits, as
2627 defined in s. 288.005(1), Florida Statutes, of the state’s
2628 investment in the Department of Transportation’s adopted work
2629 program developed in accordance with s. 339.135(5), Florida
2630 Statutes, for fiscal year 2016-2017 and the following 4 fiscal
2631 years. At a minimum, a separate return on investment shall be
2632 projected for each of the following areas:
2633 1. Roads and highways.
2634 2. Rails.
2635 3. Public transit.
2636 4. Aviation.
2637 5. Seaports.
2638 (b) The evaluation shall be limited to the funding
2639 anticipated by the adopted work program but may address the
2640 continuing economic impact for those transportation projects in
2641 the 5 years after the conclusion of the adopted work program.
2642 The evaluation must also determine the number of jobs created,
2643 the increase or decrease in personal income, and the impact on
2644 gross domestic product from the direct, indirect, and induced
2645 effects on the state’s investment in each area.
2646 (2) The Department of Transportation and each of its
2647 district offices shall provide the Office of Economic and
2648 Demographic Research full access to all data necessary to
2649 complete the evaluation, including any confidential data.
2650 (3) The Office of Economic and Demographic Research shall
2651 submit the evaluation to the President of the Senate and the
2652 Speaker of the House of Representatives by January 1, 2017.
2653 Section 60. Section 316.87, Florida Statutes, is created to
2654 read:
2655 316.87 Nonemergency medical transportation services.—To
2656 ensure the availability of nonemergency medical transportation
2657 services throughout the state, a provider licensed by the county
2658 or operating under a permit issued by the county may not be
2659 required to use a vehicle that is larger than needed to
2660 transport the number of persons being transported or that is
2661 inconsistent with the medical condition of the individuals
2662 receiving the nonemergency medical transportation services. This
2663 section does not apply to the procurement, contracting, or
2664 provision of paratransit transportation services, directly or
2665 indirectly, by a county or an authority, pursuant to the
2666 Americans with Disabilities Act of 1990, as amended.
2667 Section 61. Subsection (4) of section 320.02, Florida
2668 Statutes, is amended to read:
2669 320.02 Registration required; application for registration;
2670 forms.—
2671 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
2672 944.607, and 985.4815, the owner of any motor vehicle registered
2673 in the state shall notify the department in writing of any
2674 change of address within 30 20 days of such change. The
2675 notification shall include the registration license plate
2676 number, the vehicle identification number (VIN) or title
2677 certificate number, year of vehicle make, and the owner’s full
2678 name.
2679 Section 62. Paragraph (a) of subsection (3) of section
2680 320.07, Florida Statutes, is amended to read:
2681 320.07 Expiration of registration; renewal required;
2682 penalties.—
2683 (3) The operation of any motor vehicle without having
2684 attached thereto a registration license plate and validation
2685 stickers, or the use of any mobile home without having attached
2686 thereto a mobile home sticker, for the current registration
2687 period shall subject the owner thereof, if he or she is present,
2688 or, if the owner is not present, the operator thereof to the
2689 following penalty provisions:
2690 (a) Any person whose motor vehicle or mobile home
2691 registration has been expired for a period of 6 months or less
2692 commits a noncriminal traffic infraction, punishable as a
2693 nonmoving violation as provided in chapter 318. However, a law
2694 enforcement officer may not issue a citation for a violation
2695 under this paragraph until midnight on the last day of the
2696 owner’s birth month of the year the registration expires.
2697 Section 63. Subsection (9) of section 322.051, Florida
2698 Statutes, is amended to read:
2699 322.051 Identification cards.—
2700 (9) Notwithstanding any other provision of this section or
2701 s. 322.21 to the contrary, the department shall issue or renew a
2702 card at no charge to a person who presents evidence satisfactory
2703 to the department that he or she is homeless as defined in s.
2704 414.0252(7), to a juvenile offender who is in the custody or
2705 under the supervision of the Department of Juvenile Justice and
2706 receiving services pursuant to s. 985.461, to an inmate
2707 receiving a card issued pursuant to s. 944.605(7), or, if
2708 necessary, to an inmate receiving a replacement card if the
2709 department determines that he or she has a valid state
2710 identification card. If the replacement state identification
2711 card is scheduled to expire within 6 months, the department may
2712 also issue a temporary permit valid for at least 6 months after
2713 the release date. The department’s mobile issuing units shall
2714 process the identification cards for juvenile offenders and
2715 inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
2716 Section 64. Subsections (1) and (2) of section 322.19,
2717 Florida Statutes, are amended to read:
2718 322.19 Change of address or name.—
2719 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
2720 944.607, and 985.4815, whenever any person, after applying for
2721 or receiving a driver license or identification card, changes
2722 his or her legal name, that person must within 30 10 days
2723 thereafter obtain a replacement license or card that reflects
2724 the change.
2725 (2) If a Whenever any person, after applying for or
2726 receiving a driver license or identification card, changes the
2727 legal residence or mailing address in the application, or
2728 license, or card, the person must, within 30 10 calendar days
2729 after making the change, obtain a replacement license or card
2730 that reflects the change. A written request to the department
2731 must include the old and new addresses and the driver license or
2732 identification card number. Any person who has a valid, current
2733 student identification card issued by an educational institution
2734 in this state is presumed not to have changed his or her legal
2735 residence or mailing address. This subsection does not affect
2736 any person required to register a permanent or temporary address
2737 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
2738 943.0435.
2739 Section 65. Paragraph (f) of subsection (1) of section
2740 322.21, Florida Statutes, is amended to read:
2741 322.21 License fees; procedure for handling and collecting
2742 fees.—
2743 (1) Except as otherwise provided herein, the fee for:
2744 (f) An original, renewal, or replacement identification
2745 card issued pursuant to s. 322.051 is $25, except that an
2746 applicant who presents evidence satisfactory to the department
2747 that he or she is homeless as defined in s. 414.0252(7); or his
2748 or her annual income is at or below 100 percent of the federal
2749 poverty level; or he or she is a juvenile offender who is in the
2750 custody or under the supervision of the Department of Juvenile
2751 Justice, is receiving services pursuant to s. 985.461, and whose
2752 identification card is issued by the department’s mobile issuing
2753 units is exempt from such fee. Funds collected from fees for
2754 original, renewal, or replacement identification cards shall be
2755 distributed as follows:
2756 1. For an original identification card issued pursuant to
2757 s. 322.051, the fee shall be deposited into the General Revenue
2758 Fund.
2759 2. For a renewal identification card issued pursuant to s.
2760 322.051, $6 shall be deposited into the Highway Safety Operating
2761 Trust Fund, and $19 shall be deposited into the General Revenue
2762 Fund.
2763 3. For a replacement identification card issued pursuant to
2764 s. 322.051, $9 shall be deposited into the Highway Safety
2765 Operating Trust Fund, and $16 shall be deposited into the
2766 General Revenue Fund. Beginning July 1, 2015, or upon completion
2767 of the transition of the driver license issuance services, if
2768 the replacement identification card is issued by the tax
2769 collector, the tax collector shall retain the $9 that would
2770 otherwise be deposited into the Highway Safety Operating Trust
2771 Fund and the remaining revenues shall be deposited into the
2772 General Revenue Fund.
2773 Section 66. Present subsections (2) and (3) of section
2774 765.521, Florida Statutes, are redesignated as subsections (3)
2775 and (4), respectively, and a new subsection (2) is added to that
2776 section, to read:
2777 765.521 Donations as part of driver license or
2778 identification card process.—
2779 (2) The department shall maintain an integrated link on its
2780 website referring a visitor renewing a driver license or
2781 conducting other business to the donor registry operated under
2782 s. 765.5155.
2783 Section 67. Transportation facility designations;
2784 Department of Transportation to erect suitable markers.—
2785 (1) That portion of C.R. 155/Meridian Road between Meridian
2786 Hills Road and the Georgia state line in Leon County is
2787 designated as “Dubose Ausley Highway.”
2788 (2) The Department of Transportation is directed to erect
2789 suitable markers designating the transportation facilities as
2790 described in this section.
2791 Section 68. Transportation facility designations;
2792 Department of Transportation to erect suitable markers.—
2793 (1) Bridge number 429958 on S.R. 842/Broward Boulevard at
2794 North Fork New River in Broward County is designated as the
2795 “Senator Christopher L. Smith Bridge.”
2796 (2) The Department of Transportation is directed to erect
2797 suitable markers designating the transportation facility as
2798 described in this section.
2799 Section 69. Transportation facility designations;
2800 Department of Transportation to erect suitable markers.—
2801 (1) That portion of S.R. 922 from N.E. 10th Avenue east to
2802 the North Miami City Limits in Miami-Dade County is designated
2803 as “Stanley G. Tate Boulevard.”
2804 (2) That portion of Miami Avenue between N.E. 5th Street
2805 and U.S. 41/S.R. 90/S.E. 7th Street in Miami-Dade County is
2806 designated as “Robert L. Shevin Memorial Boulevard.”
2807 (3) Bridge number 870054 on S.R. 112/W. 41st Street/Arthur
2808 Godfrey Road in Miami Beach is designated as the “Senator Paul
2809 B. Steinberg Bridge.”
2810 (4) The Department of Transportation is directed to erect
2811 suitable markers designating the transportation facilities as
2812 described in this section.
2813 Section 70. Section 1 of chapter 26497, Laws of Florida,
2814 1951, is amended to read:
2815 Section 1. That the following described route be and the
2816 same is hereby declared, designated and established as a State
2817 Road, forming a part of the connecting system of the State of
2818 Florida, and shall be known as the SHEPARD BROAD CAUSEWAY
2819 BOULEVARD.
2820 Beginning at the intersection of State Road AIA and 96th
2821 Street in Dade County, Florida, and running in a Westerly
2822 direction, as near as possible in a direct line, through the
2823 Town of Bay Harbor Islands, Florida, across Broad Causeway,
2824 spanning Biscayne Bay, and through the Town of North Miami,
2825 Florida, to the point where such highway shall intersect with
2826 State Road Number 7, along the most practicable and feasible
2827 route to be determined by the State Road Department.
2828 Section 71. Paragraph (c) of subsection (1) of section
2829 212.05, Florida Statutes, is amended to read:
2830 212.05 Sales, storage, use tax.—It is hereby declared to be
2831 the legislative intent that every person is exercising a taxable
2832 privilege who engages in the business of selling tangible
2833 personal property at retail in this state, including the
2834 business of making mail order sales, or who rents or furnishes
2835 any of the things or services taxable under this chapter, or who
2836 stores for use or consumption in this state any item or article
2837 of tangible personal property as defined herein and who leases
2838 or rents such property within the state.
2839 (1) For the exercise of such privilege, a tax is levied on
2840 each taxable transaction or incident, which tax is due and
2841 payable as follows:
2842 (c) At the rate of 6 percent of the gross proceeds derived
2843 from the lease or rental of tangible personal property, as
2844 defined herein; however, the following special provisions apply
2845 to the lease or rental of motor vehicles:
2846 1. When a motor vehicle is leased or rented for a period of
2847 less than 12 months:
2848 a. If the motor vehicle is rented in Florida, the entire
2849 amount of such rental is taxable, even if the vehicle is dropped
2850 off in another state.
2851 b. If the motor vehicle is rented in another state and
2852 dropped off in Florida, the rental is exempt from Florida tax.
2853 2. Except as provided in subparagraph 3., for the lease or
2854 rental of a motor vehicle for a period of not less than 12
2855 months, sales tax is due on the lease or rental payments if the
2856 vehicle is registered in this state; provided, however, that no
2857 tax shall be due if the taxpayer documents use of the motor
2858 vehicle outside this state and tax is being paid on the lease or
2859 rental payments in another state.
2860 3. The tax imposed by this chapter does not apply to the
2861 lease or rental of a commercial motor vehicle as defined in s.
2862 316.003(12)(a) 316.003(66)(a) to one lessee or rentee for a
2863 period of not less than 12 months when tax was paid on the
2864 purchase price of such vehicle by the lessor. To the extent tax
2865 was paid with respect to the purchase of such vehicle in another
2866 state, territory of the United States, or the District of
2867 Columbia, the Florida tax payable shall be reduced in accordance
2868 with the provisions of s. 212.06(7). This subparagraph shall
2869 only be available when the lease or rental of such property is
2870 an established business or part of an established business or
2871 the same is incidental or germane to such business.
2872 Section 72. Subsection (1) of section 316.1303, Florida
2873 Statutes, is amended to read:
2874 316.1303 Traffic regulations to assist mobility-impaired
2875 persons.—
2876 (1) Whenever a pedestrian who is mobility impaired is in
2877 the process of crossing a public street or highway with the
2878 assistance of a guide dog or service animal designated as such
2879 with a visible means of identification, a walker, a crutch, an
2880 orthopedic cane, or a wheelchair, the driver of a vehicle
2881 approaching the intersection, as defined in s. 316.003(17),
2882 shall bring his or her vehicle to a full stop before arriving at
2883 the intersection and, before proceeding, shall take precautions
2884 necessary to avoid injuring the pedestrian.
2885 Section 73. Paragraph (b) of subsection (2) and paragraph
2886 (a) of subsection (4) of section 316.545, Florida Statutes, are
2887 amended to read:
2888 316.545 Weight and load unlawful; special fuel and motor
2889 fuel tax enforcement; inspection; penalty; review.—
2890 (2)
2891 (b) The officer or inspector shall inspect the license
2892 plate or registration certificate of the commercial vehicle, as
2893 defined in s. 316.003(66), to determine whether if its gross
2894 weight is in compliance with the declared gross vehicle weight.
2895 If its gross weight exceeds the declared weight, the penalty
2896 shall be 5 cents per pound on the difference between such
2897 weights. In those cases when the commercial vehicle, as defined
2898 in s. 316.003(66), is being operated over the highways of the
2899 state with an expired registration or with no registration from
2900 this or any other jurisdiction or is not registered under the
2901 applicable provisions of chapter 320, the penalty herein shall
2902 apply on the basis of 5 cents per pound on that scaled weight
2903 which exceeds 35,000 pounds on laden truck tractor-semitrailer
2904 combinations or tandem trailer truck combinations, 10,000 pounds
2905 on laden straight trucks or straight truck-trailer combinations,
2906 or 10,000 pounds on any unladen commercial motor vehicle. If the
2907 license plate or registration has not been expired for more than
2908 90 days, the penalty imposed under this paragraph may not exceed
2909 $1,000. In the case of special mobile equipment as defined in s.
2910 316.003(48), which qualifies for the license tax provided for in
2911 s. 320.08(5)(b), being operated on the highways of the state
2912 with an expired registration or otherwise not properly
2913 registered under the applicable provisions of chapter 320, a
2914 penalty of $75 shall apply in addition to any other penalty
2915 which may apply in accordance with this chapter. A vehicle found
2916 in violation of this section may be detained until the owner or
2917 operator produces evidence that the vehicle has been properly
2918 registered. Any costs incurred by the retention of the vehicle
2919 shall be the sole responsibility of the owner. A person who has
2920 been assessed a penalty pursuant to this paragraph for failure
2921 to have a valid vehicle registration certificate pursuant to the
2922 provisions of chapter 320 is not subject to the delinquent fee
2923 authorized in s. 320.07 if such person obtains a valid
2924 registration certificate within 10 working days after such
2925 penalty was assessed.
2926 (4)(a) A No commercial vehicle may not, as defined in s.
2927 316.003(66), shall be operated over the highways of this state
2928 unless it has been properly registered under the provisions of
2929 s. 207.004. Whenever any law enforcement officer identified in
2930 s. 207.023(1), upon inspecting the vehicle or combination of
2931 vehicles, determines that the vehicle is in violation of s.
2932 207.004, a penalty in the amount of $50 shall be assessed, and
2933 the vehicle may be detained until payment is collected by the
2934 law enforcement officer.
2935 Section 74. Subsection (2) of section 316.605, Florida
2936 Statutes, is amended to read:
2937 316.605 Licensing of vehicles.—
2938 (2) Any commercial motor vehicle, as defined in s.
2939 316.003(66), operating over the highways of this state with an
2940 expired registration, with no registration from this or any
2941 other jurisdiction, or with no registration under the applicable
2942 provisions of chapter 320 shall be in violation of s. 320.07(3)
2943 and shall subject the owner or operator of such vehicle to the
2944 penalty provided. In addition, a commercial motor vehicle found
2945 in violation of this section may be detained by any law
2946 enforcement officer until the owner or operator produces
2947 evidence that the vehicle has been properly registered and that
2948 any applicable delinquent penalties have been paid.
2949 Section 75. Subsection (6) of section 316.6105, Florida
2950 Statutes, is amended to read:
2951 316.6105 Violations involving operation of motor vehicle in
2952 unsafe condition or without required equipment; procedure for
2953 disposition.—
2954 (6) This section does not apply to commercial motor
2955 vehicles as defined in s. 316.003(66) or transit buses owned or
2956 operated by a governmental entity.
2957 Section 76. Paragraph (a) of subsection (2) of section
2958 316.613, Florida Statutes, is amended to read:
2959 316.613 Child restraint requirements.—
2960 (2) As used in this section, the term “motor vehicle” means
2961 a motor vehicle as defined in s. 316.003 that is operated on the
2962 roadways, streets, and highways of the state. The term does not
2963 include:
2964 (a) A school bus as defined in s. 316.003(66) 316.003(45).
2965 Section 77. Subsection (8) of section 316.622, Florida
2966 Statutes, is amended to read:
2967 316.622 Farm labor vehicles.—
2968 (8) The department shall provide to the Department of
2969 Business and Professional Regulation each quarter a copy of each
2970 accident report involving a farm labor vehicle, as defined in s.
2971 316.003(62), commencing with the first quarter of the 2006-2007
2972 fiscal year.
2973 Section 78. Paragraph (b) of subsection (1) of section
2974 316.650, Florida Statutes, is amended to read:
2975 316.650 Traffic citations.—
2976 (1)
2977 (b) The department shall prepare, and supply to every
2978 traffic enforcement agency in the state, an appropriate
2979 affidavit-of-compliance form that shall be issued along with the
2980 form traffic citation for any violation of s. 316.610 and that
2981 indicates the specific defect needing to be corrected. However,
2982 such affidavit of compliance may shall not be issued in the case
2983 of a violation of s. 316.610 by a commercial motor vehicle as
2984 defined in s. 316.003(66). Such affidavit-of-compliance form
2985 shall be distributed in the same manner and to the same parties
2986 as is the form traffic citation.
2987 Section 79. Subsection (1) of section 316.70, Florida
2988 Statutes, is amended to read:
2989 316.70 Nonpublic sector buses; safety rules.—
2990 (1) The Department of Transportation shall establish and
2991 revise standards to ensure assure the safe operation of
2992 nonpublic sector buses, as defined in s. 316.003(78), which
2993 standards shall be those contained in 49 C.F.R. parts 382, 385,
2994 and 390-397 and which shall be directed toward ensuring towards
2995 assuring that:
2996 (a) Nonpublic sector buses are safely maintained, equipped,
2997 and operated.
2998 (b) Nonpublic sector buses are carrying the insurance
2999 required by law and carrying liability insurance on the checked
3000 baggage of passengers not to exceed the standard adopted by the
3001 United States Department of Transportation.
3002 (c) Florida license tags are purchased for nonpublic sector
3003 buses pursuant to s. 320.38.
3004 (d) The driving records of drivers of nonpublic sector
3005 buses are checked by their employers at least once each year to
3006 ascertain whether the driver has a suspended or revoked driver
3007 license.
3008 Section 80. Paragraph (a) of subsection (1) of section
3009 320.01, Florida Statutes, is amended to read:
3010 320.01 Definitions, general.—As used in the Florida
3011 Statutes, except as otherwise provided, the term:
3012 (1) “Motor vehicle” means:
3013 (a) An automobile, motorcycle, truck, trailer, semitrailer,
3014 truck tractor and semitrailer combination, or any other vehicle
3015 operated on the roads of this state, used to transport persons
3016 or property, and propelled by power other than muscular power,
3017 but the term does not include traction engines, road rollers,
3018 special mobile equipment as defined in s. 316.003 316.003(48),
3019 vehicles that run only upon a track, bicycles, swamp buggies, or
3020 mopeds.
3021 Section 81. Section 320.08, Florida Statutes, is amended to
3022 read:
3023 320.08 License taxes.—Except as otherwise provided herein,
3024 there are hereby levied and imposed annual license taxes for the
3025 operation of motor vehicles, mopeds, motorized bicycles as
3026 defined in s. 316.003(2) 316.003(2), tri-vehicles as defined in
3027 s. 316.003, and mobile homes, as defined in s. 320.01, which
3028 shall be paid to and collected by the department or its agent
3029 upon the registration or renewal of registration of the
3030 following:
3031 (1) MOTORCYCLES AND MOPEDS.—
3032 (a) Any motorcycle: $10 flat.
3033 (b) Any moped: $5 flat.
3034 (c) Upon registration of a motorcycle, motor-driven cycle,
3035 or moped, in addition to the license taxes specified in this
3036 subsection, a nonrefundable motorcycle safety education fee in
3037 the amount of $2.50 shall be paid. The proceeds of such
3038 additional fee shall be deposited in the Highway Safety
3039 Operating Trust Fund to fund a motorcycle driver improvement
3040 program implemented pursuant to s. 322.025, the Florida
3041 Motorcycle Safety Education Program established in s. 322.0255,
3042 or the general operations of the department.
3043 (d) An ancient or antique motorcycle: $7.50 flat, of which
3044 $2.50 shall be deposited into the General Revenue Fund.
3045 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
3046 (a) An ancient or antique automobile, as defined in s.
3047 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
3048 (b) Net weight of less than 2,500 pounds: $14.50 flat.
3049 (c) Net weight of 2,500 pounds or more, but less than 3,500
3050 pounds: $22.50 flat.
3051 (d) Net weight of 3,500 pounds or more: $32.50 flat.
3052 (3) TRUCKS.—
3053 (a) Net weight of less than 2,000 pounds: $14.50 flat.
3054 (b) Net weight of 2,000 pounds or more, but not more than
3055 3,000 pounds: $22.50 flat.
3056 (c) Net weight more than 3,000 pounds, but not more than
3057 5,000 pounds: $32.50 flat.
3058 (d) A truck defined as a “goat,” or other vehicle if used
3059 in the field by a farmer or in the woods for the purpose of
3060 harvesting a crop, including naval stores, during such
3061 harvesting operations, and which is not principally operated
3062 upon the roads of the state: $7.50 flat. The term “goat” means a
3063 motor vehicle designed, constructed, and used principally for
3064 the transportation of citrus fruit within citrus groves or for
3065 the transportation of crops on farms, and which can also be used
3066 for hauling associated equipment or supplies, including required
3067 sanitary equipment, and the towing of farm trailers.
3068 (e) An ancient or antique truck, as defined in s. 320.086:
3069 $7.50 flat.
3070 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
3071 VEHICLE WEIGHT.—
3072 (a) Gross vehicle weight of 5,001 pounds or more, but less
3073 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
3074 deposited into the General Revenue Fund.
3075 (b) Gross vehicle weight of 6,000 pounds or more, but less
3076 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
3077 deposited into the General Revenue Fund.
3078 (c) Gross vehicle weight of 8,000 pounds or more, but less
3079 than 10,000 pounds: $103 flat, of which $27 shall be deposited
3080 into the General Revenue Fund.
3081 (d) Gross vehicle weight of 10,000 pounds or more, but less
3082 than 15,000 pounds: $118 flat, of which $31 shall be deposited
3083 into the General Revenue Fund.
3084 (e) Gross vehicle weight of 15,000 pounds or more, but less
3085 than 20,000 pounds: $177 flat, of which $46 shall be deposited
3086 into the General Revenue Fund.
3087 (f) Gross vehicle weight of 20,000 pounds or more, but less
3088 than 26,001 pounds: $251 flat, of which $65 shall be deposited
3089 into the General Revenue Fund.
3090 (g) Gross vehicle weight of 26,001 pounds or more, but less
3091 than 35,000: $324 flat, of which $84 shall be deposited into the
3092 General Revenue Fund.
3093 (h) Gross vehicle weight of 35,000 pounds or more, but less
3094 than 44,000 pounds: $405 flat, of which $105 shall be deposited
3095 into the General Revenue Fund.
3096 (i) Gross vehicle weight of 44,000 pounds or more, but less
3097 than 55,000 pounds: $773 flat, of which $201 shall be deposited
3098 into the General Revenue Fund.
3099 (j) Gross vehicle weight of 55,000 pounds or more, but less
3100 than 62,000 pounds: $916 flat, of which $238 shall be deposited
3101 into the General Revenue Fund.
3102 (k) Gross vehicle weight of 62,000 pounds or more, but less
3103 than 72,000 pounds: $1,080 flat, of which $280 shall be
3104 deposited into the General Revenue Fund.
3105 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
3106 flat, of which $343 shall be deposited into the General Revenue
3107 Fund.
3108 (m) Notwithstanding the declared gross vehicle weight, a
3109 truck tractor used within a 150-mile radius of its home address
3110 is eligible for a license plate for a fee of $324 flat if:
3111 1. The truck tractor is used exclusively for hauling
3112 forestry products; or
3113 2. The truck tractor is used primarily for the hauling of
3114 forestry products, and is also used for the hauling of
3115 associated forestry harvesting equipment used by the owner of
3116 the truck tractor.
3117
3118 Of the fee imposed by this paragraph, $84 shall be deposited
3119 into the General Revenue Fund.
3120 (n) A truck tractor or heavy truck, not operated as a for
3121 hire vehicle, which is engaged exclusively in transporting raw,
3122 unprocessed, and nonmanufactured agricultural or horticultural
3123 products within a 150-mile radius of its home address, is
3124 eligible for a restricted license plate for a fee of:
3125 1. If such vehicle’s declared gross vehicle weight is less
3126 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
3127 deposited into the General Revenue Fund.
3128 2. If such vehicle’s declared gross vehicle weight is
3129 44,000 pounds or more and such vehicle only transports from the
3130 point of production to the point of primary manufacture; to the
3131 point of assembling the same; or to a shipping point of a rail,
3132 water, or motor transportation company, $324 flat, of which $84
3133 shall be deposited into the General Revenue Fund.
3134
3135 Such not-for-hire truck tractors and heavy trucks used
3136 exclusively in transporting raw, unprocessed, and
3137 nonmanufactured agricultural or horticultural products may be
3138 incidentally used to haul farm implements and fertilizers
3139 delivered direct to the growers. The department may require any
3140 documentation deemed necessary to determine eligibility prior to
3141 issuance of this license plate. For the purpose of this
3142 paragraph, “not-for-hire” means the owner of the motor vehicle
3143 must also be the owner of the raw, unprocessed, and
3144 nonmanufactured agricultural or horticultural product, or the
3145 user of the farm implements and fertilizer being delivered.
3146 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
3147 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
3148 (a)1. A semitrailer drawn by a GVW truck tractor by means
3149 of a fifth-wheel arrangement: $13.50 flat per registration year
3150 or any part thereof, of which $3.50 shall be deposited into the
3151 General Revenue Fund.
3152 2. A semitrailer drawn by a GVW truck tractor by means of a
3153 fifth-wheel arrangement: $68 flat per permanent registration, of
3154 which $18 shall be deposited into the General Revenue Fund.
3155 (b) A motor vehicle equipped with machinery and designed
3156 for the exclusive purpose of well drilling, excavation,
3157 construction, spraying, or similar activity, and which is not
3158 designed or used to transport loads other than the machinery
3159 described above over public roads: $44 flat, of which $11.50
3160 shall be deposited into the General Revenue Fund.
3161 (c) A school bus used exclusively to transport pupils to
3162 and from school or school or church activities or functions
3163 within their own county: $41 flat, of which $11 shall be
3164 deposited into the General Revenue Fund.
3165 (d) A wrecker, as defined in s. 320.01, which is used to
3166 tow a vessel as defined in s. 327.02, a disabled, abandoned,
3167 stolen-recovered, or impounded motor vehicle as defined in s.
3168 320.01, or a replacement motor vehicle as defined in s. 320.01:
3169 $41 flat, of which $11 shall be deposited into the General
3170 Revenue Fund.
3171 (e) A wrecker that is used to tow any nondisabled motor
3172 vehicle, a vessel, or any other cargo unless used as defined in
3173 paragraph (d), as follows:
3174 1. Gross vehicle weight of 10,000 pounds or more, but less
3175 than 15,000 pounds: $118 flat, of which $31 shall be deposited
3176 into the General Revenue Fund.
3177 2. Gross vehicle weight of 15,000 pounds or more, but less
3178 than 20,000 pounds: $177 flat, of which $46 shall be deposited
3179 into the General Revenue Fund.
3180 3. Gross vehicle weight of 20,000 pounds or more, but less
3181 than 26,000 pounds: $251 flat, of which $65 shall be deposited
3182 into the General Revenue Fund.
3183 4. Gross vehicle weight of 26,000 pounds or more, but less
3184 than 35,000 pounds: $324 flat, of which $84 shall be deposited
3185 into the General Revenue Fund.
3186 5. Gross vehicle weight of 35,000 pounds or more, but less
3187 than 44,000 pounds: $405 flat, of which $105 shall be deposited
3188 into the General Revenue Fund.
3189 6. Gross vehicle weight of 44,000 pounds or more, but less
3190 than 55,000 pounds: $772 flat, of which $200 shall be deposited
3191 into the General Revenue Fund.
3192 7. Gross vehicle weight of 55,000 pounds or more, but less
3193 than 62,000 pounds: $915 flat, of which $237 shall be deposited
3194 into the General Revenue Fund.
3195 8. Gross vehicle weight of 62,000 pounds or more, but less
3196 than 72,000 pounds: $1,080 flat, of which $280 shall be
3197 deposited into the General Revenue Fund.
3198 9. Gross vehicle weight of 72,000 pounds or more: $1,322
3199 flat, of which $343 shall be deposited into the General Revenue
3200 Fund.
3201 (f) A hearse or ambulance: $40.50 flat, of which $10.50
3202 shall be deposited into the General Revenue Fund.
3203 (6) MOTOR VEHICLES FOR HIRE.—
3204 (a) Under nine passengers: $17 flat, of which $4.50 shall
3205 be deposited into the General Revenue Fund; plus $1.50 per cwt,
3206 of which 50 cents shall be deposited into the General Revenue
3207 Fund.
3208 (b) Nine passengers and over: $17 flat, of which $4.50
3209 shall be deposited into the General Revenue Fund; plus $2 per
3210 cwt, of which 50 cents shall be deposited into the General
3211 Revenue Fund.
3212 (7) TRAILERS FOR PRIVATE USE.—
3213 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
3214 year or any part thereof, of which $1.75 shall be deposited into
3215 the General Revenue Fund.
3216 (b) Net weight over 500 pounds: $3.50 flat, of which $1
3217 shall be deposited into the General Revenue Fund; plus $1 per
3218 cwt, of which 25 cents shall be deposited into the General
3219 Revenue Fund.
3220 (8) TRAILERS FOR HIRE.—
3221 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
3222 shall be deposited into the General Revenue Fund; plus $1.50 per
3223 cwt, of which 50 cents shall be deposited into the General
3224 Revenue Fund.
3225 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
3226 $3.50 shall be deposited into the General Revenue Fund; plus
3227 $1.50 per cwt, of which 50 cents shall be deposited into the
3228 General Revenue Fund.
3229 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
3230 (a) A travel trailer or fifth-wheel trailer, as defined by
3231 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
3232 flat, of which $7 shall be deposited into the General Revenue
3233 Fund.
3234 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
3235 $13.50 flat, of which $3.50 shall be deposited into the General
3236 Revenue Fund.
3237 (c) A motor home, as defined by s. 320.01(1)(b)4.:
3238 1. Net weight of less than 4,500 pounds: $27 flat, of which
3239 $7 shall be deposited into the General Revenue Fund.
3240 2. Net weight of 4,500 pounds or more: $47.25 flat, of
3241 which $12.25 shall be deposited into the General Revenue Fund.
3242 (d) A truck camper as defined by s. 320.01(1)(b)3.:
3243 1. Net weight of less than 4,500 pounds: $27 flat, of which
3244 $7 shall be deposited into the General Revenue Fund.
3245 2. Net weight of 4,500 pounds or more: $47.25 flat, of
3246 which $12.25 shall be deposited into the General Revenue Fund.
3247 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
3248 1. Net weight of less than 4,500 pounds: $27 flat, of which
3249 $7 shall be deposited into the General Revenue Fund.
3250 2. Net weight of 4,500 pounds or more: $47.25 flat, of
3251 which $12.25 shall be deposited into the General Revenue Fund.
3252 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
3253 35 FEET TO 40 FEET.—
3254 (a) Park trailers.—Any park trailer, as defined in s.
3255 320.01(1)(b)7.: $25 flat.
3256 (b) A travel trailer or fifth-wheel trailer, as defined in
3257 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
3258 (11) MOBILE HOMES.—
3259 (a) A mobile home not exceeding 35 feet in length: $20
3260 flat.
3261 (b) A mobile home over 35 feet in length, but not exceeding
3262 40 feet: $25 flat.
3263 (c) A mobile home over 40 feet in length, but not exceeding
3264 45 feet: $30 flat.
3265 (d) A mobile home over 45 feet in length, but not exceeding
3266 50 feet: $35 flat.
3267 (e) A mobile home over 50 feet in length, but not exceeding
3268 55 feet: $40 flat.
3269 (f) A mobile home over 55 feet in length, but not exceeding
3270 60 feet: $45 flat.
3271 (g) A mobile home over 60 feet in length, but not exceeding
3272 65 feet: $50 flat.
3273 (h) A mobile home over 65 feet in length: $80 flat.
3274 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
3275 motor vehicle dealer, independent motor vehicle dealer, marine
3276 boat trailer dealer, or mobile home dealer and manufacturer
3277 license plate: $17 flat, of which $4.50 shall be deposited into
3278 the General Revenue Fund.
3279 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
3280 official license plate: $4 flat, of which $1 shall be deposited
3281 into the General Revenue Fund.
3282 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
3283 vehicle for hire operated wholly within a city or within 25
3284 miles thereof: $17 flat, of which $4.50 shall be deposited into
3285 the General Revenue Fund; plus $2 per cwt, of which 50 cents
3286 shall be deposited into the General Revenue Fund.
3287 (15) TRANSPORTER.—Any transporter license plate issued to a
3288 transporter pursuant to s. 320.133: $101.25 flat, of which
3289 $26.25 shall be deposited into the General Revenue Fund.
3290 Section 82. Subsection (1) of section 320.0801, Florida
3291 Statutes, is amended to read:
3292 320.0801 Additional license tax on certain vehicles.—
3293 (1) In addition to the license taxes specified in s. 320.08
3294 and in subsection (2), there is hereby levied and imposed an
3295 annual license tax of 10 cents for the operation of a motor
3296 vehicle, as defined in s. 320.01, and moped, as defined in s.
3297 316.003 316.003(77), which tax shall be paid to the department
3298 or its agent upon the registration or renewal of registration of
3299 the vehicle. Notwithstanding the provisions of s. 320.20,
3300 revenues collected from the tax imposed in this subsection shall
3301 be deposited in the Emergency Medical Services Trust Fund and
3302 used solely for the purpose of carrying out the provisions of
3303 ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 11, chapter
3304 87-399, Laws of Florida.
3305 Section 83. Section 320.38, Florida Statutes, is amended to
3306 read:
3307 320.38 When nonresident exemption not allowed.—The
3308 provisions of s. 320.37 authorizing the operation of motor
3309 vehicles over the roads of this state by nonresidents of this
3310 state when such vehicles are duly registered or licensed under
3311 the laws of some other state or foreign country do not apply to
3312 any nonresident who accepts employment or engages in any trade,
3313 profession, or occupation in this state, except a nonresident
3314 migrant or seasonal farm worker as defined in s. 316.003
3315 316.003(61). In every case in which a nonresident, except a
3316 nonresident migrant or seasonal farm worker as defined in s.
3317 316.003 316.003(61), accepts employment or engages in any trade,
3318 profession, or occupation in this state or enters his or her
3319 children to be educated in the public schools of this state,
3320 such nonresident shall, within 10 days after the commencement of
3321 such employment or education, register his or her motor vehicles
3322 in this state if such motor vehicles are proposed to be operated
3323 on the roads of this state. Any person who is enrolled as a
3324 student in a college or university and who is a nonresident but
3325 who is in this state for a period of up to 6 months engaged in a
3326 work-study program for which academic credits are earned from a
3327 college whose credits or degrees are accepted for credit by at
3328 least three accredited institutions of higher learning, as
3329 defined in s. 1005.02, is not required to have a Florida
3330 registration for the duration of the work-study program if the
3331 person’s vehicle is properly registered in another jurisdiction.
3332 Any nonresident who is enrolled as a full-time student in such
3333 institution of higher learning is also exempt for the duration
3334 of such enrollment.
3335 Section 84. Subsection (1) of section 322.031, Florida
3336 Statutes, is amended to read:
3337 322.031 Nonresident; when license required.—
3338 (1) In each case in which a nonresident, except a
3339 nonresident migrant or seasonal farm worker as defined in s.
3340 316.003 316.003(61), accepts employment or engages in a trade,
3341 profession, or occupation in this state or enters his or her
3342 children to be educated in the public schools of this state,
3343 such nonresident shall, within 30 days after beginning such
3344 employment or education, be required to obtain a Florida driver
3345 license if such nonresident operates a motor vehicle on the
3346 highways of this state. The spouse or dependent child of such
3347 nonresident shall also be required to obtain a Florida driver
3348 license within that 30-day period before operating a motor
3349 vehicle on the highways of this state.
3350 Section 85. For the purpose of incorporating the amendment
3351 made by this act to section 333.01, Florida Statutes, in a
3352 reference thereto, subsection (6) of section 350.81, Florida
3353 Statutes, is reenacted to read:
3354 350.81 Communications services offered by governmental
3355 entities.—
3356 (6) To ensure the safe and secure transportation of
3357 passengers and freight through an airport facility, as defined
3358 in s. 159.27(17), an airport authority or other governmental
3359 entity that provides or is proposing to provide communications
3360 services only within the boundaries of its airport layout plan,
3361 as defined in s. 333.01(6), to subscribers which are integral
3362 and essential to the safe and secure transportation of
3363 passengers and freight through the airport facility, is exempt
3364 from this section. An airport authority or other governmental
3365 entity that provides or is proposing to provide shared-tenant
3366 service under s. 364.339, but not dial tone enabling subscribers
3367 to complete calls outside the airport layout plan, to one or
3368 more subscribers within its airport layout plan which are not
3369 integral and essential to the safe and secure transportation of
3370 passengers and freight through the airport facility is exempt
3371 from this section. An airport authority or other governmental
3372 entity that provides or is proposing to provide communications
3373 services to one or more subscribers within its airport layout
3374 plan which are not integral and essential to the safe and secure
3375 transportation of passengers and freight through the airport
3376 facility, or to one or more subscribers outside its airport
3377 layout plan, is not exempt from this section. By way of example
3378 and not limitation, the integral, essential subscribers may
3379 include airlines and emergency service entities, and the
3380 nonintegral, nonessential subscribers may include retail shops,
3381 restaurants, hotels, or rental car companies.
3382 Section 86. Subsection (3) of section 450.181, Florida
3383 Statutes, is amended to read:
3384 450.181 Definitions.—As used in part II, unless the context
3385 clearly requires a different meaning:
3386 (3) The term “migrant laborer” has the same meaning as
3387 migrant or seasonal farm worker workers as defined in s. 316.003
3388 316.003(61).
3389 Section 87. Subsection (5) of section 559.903, Florida
3390 Statutes, is amended to read:
3391 559.903 Definitions.—As used in this act:
3392 (5) “Motor vehicle” means any automobile, truck, bus,
3393 recreational vehicle, motorcycle, motor scooter, or other motor
3394 powered vehicle, but does not include trailers, mobile homes,
3395 travel trailers, trailer coaches without independent motive
3396 power, watercraft or aircraft, or special mobile equipment as
3397 defined in s. 316.003 316.003(48).
3398 Section 88. Subsection (1) of section 655.960, Florida
3399 Statutes, is amended to read:
3400 655.960 Definitions; ss. 655.960-655.965.—As used in this
3401 section and ss. 655.961-655.965, unless the context otherwise
3402 requires:
3403 (1) “Access area” means any paved walkway or sidewalk which
3404 is within 50 feet of any automated teller machine. The term does
3405 not include any street or highway open to the use of the public,
3406 as defined in s. 316.003(76)(a) 316.003(53)(a) or (b), including
3407 any adjacent sidewalk, as defined in s. 316.003 316.003(47).
3408 Section 89. Paragraph (b) of subsection (2) of section
3409 732.402, Florida Statutes, is amended to read:
3410 732.402 Exempt property.—
3411 (2) Exempt property shall consist of:
3412 (b) Two motor vehicles as defined in s. 316.003
3413 316.003(21), which do not, individually as to either such motor
3414 vehicle, have a gross vehicle weight in excess of 15,000 pounds,
3415 held in the decedent’s name and regularly used by the decedent
3416 or members of the decedent’s immediate family as their personal
3417 motor vehicles.
3418 Section 90. Subsection (1) of section 860.065, Florida
3419 Statutes, is amended to read:
3420 860.065 Commercial transportation; penalty for use in
3421 commission of a felony.—
3422 (1) It is unlawful for any person to attempt to obtain,
3423 solicit to obtain, or obtain any means of public or commercial
3424 transportation or conveyance, including vessels, aircraft,
3425 railroad trains, or commercial vehicles as defined in s. 316.003
3426 316.003(66), with the intent to use such public or commercial
3427 transportation or conveyance to commit any felony or to
3428 facilitate the commission of any felony.
3429 Section 91. This act shall take effect July 1, 2016.
3430 ================= T I T L E A M E N D M E N T ================
3431 And the title is amended as follows:
3432 Delete everything before the enacting clause
3433 and insert:
3434 A bill to be entitled
3435 An act relating to transportation; amending s.
3436 288.1097, F.S.; authorizing members of certain
3437 qualified job training organizations to participate in
3438 a self-insurance fund; requiring such an organization
3439 to demonstrate financial abilities to the Office of
3440 Insurance Regulation; amending ss. 296.11 and 296.38,
3441 F.S.; requiring moneys received from the sale of Woman
3442 Veteran license plates to be used for certain
3443 purposes; amending s. 320.089, F.S.; requiring that
3444 revenue generated from the sale of Woman Veteran
3445 license plates be deposited into the Grants and
3446 Donations Trust Fund, rather than the Operations and
3447 Maintenance Trust Fund; amending s. 311.07, F.S.;
3448 increasing the minimum amount that must be made
3449 available annually from the State Transportation Trust
3450 Fund to fund the Florida Seaport Transportation and
3451 Economic Development Program; amending s. 311.09,
3452 F.S.; increasing the amount per year the department
3453 must include in its annual legislative budget request
3454 for the Florida Seaport Transportation and Economic
3455 Development Program; amending s. 311.12, F.S.;
3456 establishing the Seaport Security Advisory Committee
3457 under the direction of the Florida Seaport
3458 Transportation and Economic Development Council;
3459 providing membership and duties; directing the council
3460 to establish a Seaport Security Grant Program to
3461 assist in the implementation of security at specified
3462 seaports; directing the council to review
3463 applications, make recommendations to the council, and
3464 adopt rules; amending s. 316.003, F.S.; revising and
3465 providing definitions; amending s. 316.0745, F.S.;
3466 revising the circumstances under which the Department
3467 of Transportation is authorized to direct the removal
3468 of certain traffic control devices; requiring the
3469 public agency erecting or installing such a device to
3470 bring it into compliance with certain requirements or
3471 remove it upon the direction of the department;
3472 creating s. 316.2069, F.S.; authorizing the governing
3473 body of a municipality or a county to authorize the
3474 operation of commercial megacycles on or across
3475 streets or roads under the specified conditions;
3476 authorizing the Department of Transportation to
3477 prohibit the operation of commercial megacycles on or
3478 across any road under its jurisdiction if it
3479 determines that such prohibition is necessary in the
3480 interest of safety; excluding commercial megacycle
3481 passengers from certain provisions regarding
3482 possession of open containers of alcoholic beverages
3483 in vehicles under specified conditions; providing that
3484 use of an auxiliary motor under certain circumstances
3485 is not prohibited; amending s. 316.235, F.S.; revising
3486 specifications for bus deceleration lighting systems;
3487 amending s. 316.303, F.S.; revising the prohibition
3488 from operating, under certain circumstances, a motor
3489 vehicle that is equipped with television-type
3490 receiving equipment; providing exceptions to the
3491 prohibition against displaying moving television
3492 broadcast or pre-recorded video entertainment content
3493 in vehicles; amending s. 316.515, F.S.; extending the
3494 allowable length of certain semitrailers authorized to
3495 operate on public roads under certain conditions;
3496 amending s. 316.640, F.S.; expanding the authority of
3497 a chartered municipal parking enforcement specialist
3498 to enforce state, county, and municipal parking laws
3499 and ordinances within the boundaries of certain
3500 counties pursuant to a memorandum of understanding;
3501 amending s. 316.85, F.S.; revising the circumstances
3502 under which a licensed driver is authorized to operate
3503 an autonomous vehicle in autonomous mode; amending s.
3504 316.86, F.S.; deleting a provision authorizing the
3505 operation of vehicles equipped with autonomous
3506 technology on roads in this state for testing purposes
3507 by certain persons or research organizations; deleting
3508 a requirement that a human operator be present in an
3509 autonomous vehicle for testing purposes; deleting
3510 certain financial responsibility requirements for
3511 entities performing such testing; amending s. 319.145,
3512 F.S.; revising provisions relating to required
3513 equipment and operation of autonomous vehicles;
3514 amending s. 319.30, F.S.; authorizing insurance
3515 companies to receive a salvage certificate of title or
3516 certificate of destruction from the Department of
3517 Highway Safety and Motor Vehicles after a specified
3518 number of days after payment of a claim as of a
3519 specified date, subject to certain requirements;
3520 requiring insurance companies seeking such title or
3521 certificate of destruction to follow a specified
3522 procedure; providing requirements for the request;
3523 amending s. 320.525, F.S.; revising the definition of
3524 the term “port vehicles and equipment”; amending ss.
3525 322.051 and 322.14, F.S.; authorizing the
3526 international symbol for the deaf and hard of hearing
3527 to be exhibited on the driver license or
3528 identification card of a person who is deaf or hard of
3529 hearing; providing applicability; amending s. 332.08,
3530 F.S.; extending the authorized term of certain
3531 airport-related leases; amending s. 333.01, F.S.;
3532 defining and redefining terms; amending s. 333.025,
3533 F.S.; revising the requirements relating to permits
3534 required for obstructions; requiring certain existing,
3535 planned, and proposed facilities to be protected from
3536 airport hazards; requiring the local government to
3537 provide a copy of a complete permit application to the
3538 Department of Transportation’s aviation office,
3539 subject to certain requirements; requiring the
3540 department to have a specified review period following
3541 receipt of such application; providing exemptions from
3542 such review under certain circumstances; revising the
3543 circumstances under which the department issues or
3544 denies a permit; revising the department’s
3545 requirements before a permit is issued; revising the
3546 circumstances under which the department is prohibited
3547 from approving a permit; providing that the denial of
3548 a permit is subject to administrative review; amending
3549 s. 333.03, F.S.; conforming provisions to changes made
3550 by the act; revising the circumstances under which a
3551 political subdivision owning or controlling an airport
3552 and another political subdivision adopt, administer,
3553 and enforce airport protection zoning regulations or
3554 create a joint airport protection zoning board;
3555 revising the provisions relating to airport protection
3556 zoning regulations and joint airport protection zoning
3557 boards; requiring the department to be available to
3558 provide assistance to political subdivisions regarding
3559 federal obstruction standards; deleting provisions
3560 relating to certain duties of the department; revising
3561 provisions relating to airport land use compatibility
3562 zoning regulations; revising construction; providing
3563 applicability; amending s. 333.04, F.S.; authorizing
3564 certain airport zoning regulations to be incorporated
3565 in and made a part of comprehensive plans and
3566 policies, rather than a part of comprehensive zoning
3567 regulations, under certain circumstances; revising
3568 requirements relating to applicability; amending s.
3569 333.05, F.S.; revising procedures for adoption of
3570 airport zoning regulations; amending s. 333.06, F.S.;
3571 revising airport zoning regulation requirements;
3572 repealing s. 333.065, F.S., relating to guidelines
3573 regarding land use near airports; amending s. 333.07,
3574 F.S.; revising requirements relating to local
3575 government permitting of airspace obstructions;
3576 requiring a person proposing to construct, alter, or
3577 allow an airport obstruction to apply for a permit
3578 under certain circumstances; revising the
3579 circumstances under which a permit is prohibited from
3580 being issued; revising the circumstances under which
3581 the owner of a nonconforming structure is required to
3582 alter such structure to conform to the current airport
3583 protection zoning regulations; deleting provisions
3584 relating to variances from zoning regulations;
3585 requiring a political subdivision or its
3586 administrative agency to consider specified criteria
3587 in determining whether to issue or deny a permit;
3588 revising the requirements for marking and lighting in
3589 conformance with certain standards; repealing s.
3590 333.08, F.S., relating to appeals of decisions
3591 concerning airport zoning regulations; amending s.
3592 333.09, F.S.; revising the requirements relating to
3593 the administration of airport protection zoning
3594 regulations; requiring all airport protection zoning
3595 regulations to provide for the administration and
3596 enforcement of such regulations by the political
3597 subdivision or its administrative agency; requiring a
3598 political subdivision adopting airport zoning
3599 regulations to provide a permitting process, subject
3600 to certain requirements; requiring a zoning board or
3601 permitting body to implement the airport zoning
3602 regulation permitting and appeals process if such
3603 board or body already exists within a political
3604 subdivision; authorizing a person, a political
3605 subdivision or its administrative agency, or a
3606 specified joint zoning board to use the process
3607 established for an appeal, subject to certain
3608 requirements; repealing s. 333.10, F.S., relating to
3609 boards of adjustment provided for by airport zoning
3610 regulations; amending s. 333.11, F.S.; revising the
3611 requirements relating to judicial review; amending s.
3612 333.12, F.S.; revising requirements relating to the
3613 acquisition of air rights; amending s. 333.13, F.S.;
3614 conforming provisions to changes made by the act;
3615 creating s. 333.135, F.S.; requiring conflicting
3616 airport zoning regulations in effect on a specified
3617 date to be amended to conform to certain requirements;
3618 requiring certain political subdivisions to adopt
3619 certain airport zoning regulations by a specified
3620 date; requiring the department to administer a
3621 specified permitting process for certain political
3622 subdivisions; repealing s. 333.14, F.S., relating to a
3623 short title; creating s. 335.085, F.S.; providing a
3624 short title; requiring the department to install
3625 roadside barriers to shield water bodies contiguous
3626 with state roads at certain locations by a specified
3627 date under certain circumstances; providing
3628 applicability; requiring the department to review
3629 specified information related to certain motor vehicle
3630 accidents on state roads contiguous with water bodies
3631 which occurred during a specified timeframe, subject
3632 to certain requirements; requiring the department to
3633 submit a report to the Legislature by a specified
3634 date, subject to certain requirements; amending s.
3635 337.0261, F.S.; requiring local governments to
3636 consider information provided by the department
3637 regarding the effect that approving or denying certain
3638 regulations may have on the cost of construction
3639 aggregate materials in the local area, the region, and
3640 the state; amending s. 337.18, F.S.; revising
3641 conditions for waiver of a required surety bond;
3642 amending s. 338.165, F.S.; deleting an authorization
3643 to issue certain bonds secured by toll revenues
3644 collected on the Beeline-East Expressway, the Navarre
3645 Bridge, and the Pinellas Bayway; authorizing the
3646 department’s Pinellas Bayway System to be transferred
3647 by the department and become part of the turnpike
3648 system under the Florida Turnpike Enterprise Law;
3649 providing applicability; requiring the department to
3650 transfer certain funds to the Florida Turnpike
3651 Enterprise for certain purposes; repealing chapter 85
3652 364, Laws of Florida, as amended, relating to the
3653 Pinellas Bayway; amending s. 338.231, F.S.; deleting
3654 provisions relating to the use of revenues from the
3655 turnpike system to pay the principal and interest of a
3656 specified series of bonds and certain expenses of the
3657 Sawgrass Expressway; amending s. 339.175, F.S.,
3658 relating to the Tampa Bay Area Regional Transportation
3659 Authority; revising provisions for a coordinating
3660 committee composed of metropolitan planning
3661 organizations; designating the committee as the
3662 “TBARTA Metropolitan Planning Organizations Chairs
3663 Coordinating Committee”; revising membership of the
3664 committee; providing duties of the authority,
3665 M.P.O.’s, and the department; requiring certain long
3666 range transportation plans to include assessment of
3667 capital investment and other measures necessary to
3668 make the most efficient use of existing transportation
3669 facilities to improve safety; requiring the
3670 assessments to include consideration of infrastructure
3671 and technological improvements necessary to
3672 accommodate advances in vehicle technology; amending
3673 s. 339.2818, F.S.; increasing the population ceiling
3674 in the definition of the term “small county” for
3675 purposes of the Small County Outreach Program;
3676 deleting an alternative definition of the term “small
3677 county” for a specified fiscal year; amending s.
3678 339.55, F.S.; revising the purpose of the state-funded
3679 infrastructure bank within the department to include
3680 constructing and improving ancillary facilities that
3681 produce or distribute natural gas or fuel; authorizing
3682 the department to consider applications for loans from
3683 the bank for development and construction of natural
3684 gas fuel production or distribution facilities used
3685 primarily to support transportation activities at
3686 seaports or intermodal facilities beginning on a
3687 specified date; authorizing use of such loans to
3688 refinance outstanding debt; amending s. 339.64, F.S.;
3689 requiring the department to coordinate with certain
3690 partners and industry representatives to consider
3691 infrastructure and technological improvements
3692 necessary to accommodate advances in vehicle
3693 technology in Strategic Intermodal System facilities;
3694 requiring the Strategic Intermodal System Plan to
3695 include a needs assessment regarding such
3696 infrastructure and technological improvements;
3697 repealing s. 341.0532, F.S., relating to statewide
3698 transportation corridors; amending s. 343.92, F.S.;
3699 revising the membership of the governing board of the
3700 Tampa Bay Area Regional Transportation Authority;
3701 requiring the secretary of the department to appoint
3702 two advisors to the board subject to certain
3703 requirements, rather than appointing one nonvoting, ex
3704 officio member of the board; amending s. 343.922,
3705 F.S.; increasing the period of time in which a master
3706 plan must be updated; requiring the authority to
3707 present a certain master plan and updates to, and
3708 coordinate projects and plans with, the Tampa Bay Area
3709 Regional Transportation Authority (TBARTA)
3710 Metropolitan Planning Organization Chairs Coordinating
3711 Committee, rather than the West Central Florida M.P.O.
3712 Chairs Coordinating Committee; requiring the authority
3713 to provide certain administrative support and
3714 direction to the TBARTA Metropolitan Planning
3715 Organization Chairs Coordinating Committee; amending
3716 s. 348.565, F.S.; expanding the list of projects of
3717 the Tampa-Hillsborough County Expressway Authority
3718 which are approved to be financed or refinanced by the
3719 issuance of certain revenue bonds; amending s. 479.16,
3720 F.S.; exempting certain signs from a specified permit,
3721 subject to certain requirements and restrictions;
3722 creating s. 563.13, F.S.; requiring the Department of
3723 Transportation to install directional signs for
3724 certain breweries on the rights-of-way of interstate
3725 highways and primary and secondary roads, subject to
3726 certain requirements; requiring a brewery that
3727 requests a directional sign to pay certain costs;
3728 amending s. 812.014, F.S.; specifying a certain
3729 criminal penalty for offenders committing any grand
3730 theft who in the course of committing the offense use
3731 any type of device to interfere with a global
3732 positioning system or similar system under certain
3733 circumstances; directing the Department of
3734 Transportation to study the operation of driver
3735 assistive truck platooning technology; authorizing the
3736 department to conduct a pilot project to test such
3737 operation; providing security requirements; requiring
3738 a report to the Governor and the Legislature;
3739 directing the Office of Economic and Demographic
3740 Research to determine the economic benefits of the
3741 Department of Transportation’s adopted work program;
3742 directing the department to provide access to
3743 necessary data; creating s. 316.87, F.S.; providing
3744 that certain providers of nonemergency medical
3745 transportation services may not be required to use
3746 certain vehicles; providing applicability; amending s.
3747 320.02, F.S.; increasing the timeframe within which
3748 the owner of any motor vehicle registered in the state
3749 must notify the department of a change of address;
3750 providing exceptions to such notification; amending s.
3751 320.07, F.S.; prohibiting a law enforcement officer
3752 from issuing a citation for a specified violation
3753 until a certain date; amending s. 322.051, F.S.;
3754 requiring the department to issue or renew an
3755 identification card to certain juvenile offenders;
3756 requiring that the department’s mobile issuing units
3757 process certain identification cards at no charge;
3758 amending s. 322.19, F.S.; increasing the timeframe
3759 within which certain persons must obtain a replacement
3760 driver license or identification card that reflects a
3761 change in his or her legal name; providing exceptions
3762 to such requirement; increasing the timeframe within
3763 which certain persons must obtain a replacement driver
3764 license or identification card that reflects a change
3765 in the legal residence or mailing address in his or
3766 her application, license, or card; amending s. 322.21,
3767 F.S.; exempting certain juvenile offenders from a
3768 specified fee for an original, renewal, or replacement
3769 identification card; amending s. 765.521, F.S.;
3770 requiring the department to maintain an integrated
3771 link on its website referring certain visitors to a
3772 donor registry; providing honorary designations of
3773 various transportation facilities in specified
3774 counties; directing the Department of Transportation
3775 to erect suitable markers; providing an honorary
3776 designation of a specified transportation facility in
3777 a specified county; directing the Department of
3778 Transportation to erect suitable markers; providing
3779 honorary designations of various transportation
3780 facilities in specified counties; directing the
3781 Department of Transportation to erect suitable
3782 markers; amending chapter 26497, Laws of Florida,
3783 1951; revising the name of an honorary designation of
3784 a transportation facility in a specified county;
3785 amending ss. 212.05, 316.1303, 316.545, 316.605,
3786 316.6105, 316.613, 316.622, 316.650, 316.70, 320.01,
3787 320.08, 320.0801, 320.38, and 322.031, F.S.;
3788 conforming cross-references; reenacting s. 350.81(6),
3789 F.S., relating to the definition of the term “airport
3790 layout plan,” to incorporate the amendment made to s.
3791 333.01, F.S., in a reference thereto; amending ss.
3792 450.181, 559.903, 655.960, 732.402, and 860.065, F.S.;
3793 conforming cross-references; providing an effective
3794 date.