CS/HB 1451

1	A bill to be entitled
2	An act relating to transportation; amending s. 163.3180,
3	F.S.; revising an exception to transportation concurrency
4	requirements to provide for hangars used for assembly and
5	manufacture of aircraft; conforming a cross-reference;
6	amending s. 316.535, F.S.; increasing weight limits for
7	vehicles on highways that are not in the Interstate
8	Highway System; amending s. 334.03, F.S.; revising
9	definitions relating to the Florida Transportation Code;
10	amending s. 334.044, F.S.; revising powers and duties of
11	the Department of Transportation; removing duty to assign
12	jurisdictional responsibility and to designate facilities
13	as part of the State Highway System; amending s. 334.047,
14	F.S.; removing a provision prohibiting the department from
15	establishing a maximum number of miles of urban principal
16	arterial roads within a district or county; creating s.
17	334.301, F.S.; authorizing counties to enter into
18	agreements with private entities for the building,
19	operation, ownership, or financing of toll facilities;
20	requiring public declaration; requiring a public hearing;
21	requiring county to make certain determinations prior to
22	awarding a project; providing requirements for an
23	agreement; amending s. 337.0261, F.S.; recognizing that
24	construction aggregate materials mining is an industry of
25	critical importance and that the mining of construction
26	aggregate materials is in the public interest; amending s.
27	705.18, F.S.; removing provisions for disposal of personal
28	property lost or abandoned at certain public-use airports;
29	creating s. 705.182, F.S.; providing for disposal of
30	personal property found on premises owned or controlled by
31	the operator of a public-use airport; providing a time
32	frame for the property to be claimed; providing options
33	for disposing of such personal property; providing
34	procedures for selling abandoned personal property;
35	providing for notice of sale; permitting airport tenants
36	to establish lost and found procedures; providing that
37	purchaser holds title to the property free of the rights
38	of persons then holding any legal or equitable interest
39	thereto; creating s. 705.183, F.S.; providing for
40	disposition of derelict or abandoned aircraft on the
41	premises of public-use airports; providing procedures for
42	such disposition; requiring a record of when the aircraft
43	is found; defining the terms "derelict aircraft" and
44	"abandoned aircraft"; providing for notification of
45	aircraft owner and all persons having an equitable or
46	legal interest in the aircraft; providing for notice if
47	the owner of the aircraft is unknown or cannot be found;
48	providing for disposition if the aircraft is not removed
49	upon payment of required fees; requiring any sale of the
50	aircraft to be at a public auction; providing notice
51	requirements for such public auction; providing procedures
52	for disposal of the aircraft; providing for liability if
53	charges and costs related to the disposition are more than
54	that obtained from the sale; providing for a lien by the
55	airport for fees and charges; providing for notice of
56	lien; requiring the filing of a claim of lien; providing
57	for the form of the claim of lien; providing for service
58	of the claim of lien; providing that the purchaser of the
59	aircraft takes the property free of rights of persons
60	holding legal or equitable interest in the aircraft;
61	requiring purchaser or recipient to notify the Federal
62	Aviation Administration of change in ownership; providing
63	for disposition of moneys received for an aircraft sold at
64	public sale; authorizing the airport to issue documents
65	relating to the aircraft's disposal; creating s. 705.184,
66	F.S.; providing for disposition of derelict or abandoned
67	motor vehicles on the premises of public-use airports;
68	providing procedures; requiring recording of the abandoned
69	motor vehicle; defining the terms "derelict motor vehicle"
70	and "abandoned motor vehicle"; providing for removal of
71	such motor vehicle from airport premises; providing for
72	notice to the owner, the company insuring the motor
73	vehicle, and any lienholder; providing for disposition if
74	the motor vehicle is not removed upon payment of required
75	fees; requiring any sale of the motor vehicle to be at a
76	public auction; providing notice requirements for such
77	public auction; providing procedures for disposal of the
78	motor vehicle; providing for liability if charges and
79	costs related to the disposition are more than that
80	obtained from the sale; providing for a lien by the
81	airport or a licensed independent wrecker for fees and
82	charges; providing for notice of lien; requiring the
83	filing of a claim of lien; providing for the form of the
84	claim of lien; providing for service of claim of lien;
85	providing that the purchaser of the motor vehicle takes
86	the property free of the rights of persons holding legal
87	or equitable interest in the motor vehicle; amending ss.
88	288.063, 311.07, 311.09, 316.2122, 316.515, 332.14,
89	336.01, 338.222, 403.7211, and 479.01, F.S.; correcting
90	cross-references; providing legislative findings;
91	directing the Northwest Florida Regional Transportation
92	Planning Organization to conduct a study on advancing
93	funds for construction projects; directing the Department
94	of Transportation to assist with the study; requiring the
95	study be provided to the Governor, the Legislature, and
96	certain entities; providing principles for the study;
97	providing for content of the study; providing legislative
98	findings with respect to the need to preserve investments
99	in transportation infrastructure and reduce congestion;
100	creating the Florida Transportation Revenue Study
101	Commission for the purpose of studying the state's
102	transportation needs and developing recommendations;
103	requiring that the commission submit a report to the
104	Legislature by a specified date; establishing powers and
105	duties of the commission; providing for membership and
106	authorizing the reimbursement of members for per diem and
107	travel expenses; providing requirements for meetings of
108	the commission; requiring the Center for Urban
109	Transportation Research at the University of South Florida
110	to provide staff support to the commission; providing
111	funding for the commission through federal funds for
112	metropolitan transportation planning; providing an
113	effective date.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  Paragraph (b) of subsection (4) and paragraph
118	(d) of subsection (12) of section 163.3180, Florida Statutes,
119	are amended to read:
120	163.3180  Concurrency.--
121	(4)
122	(b)  The concurrency requirement as implemented in local
123	comprehensive plans does not apply to public transit facilities.
124	For the purposes of this paragraph, public transit facilities
125	include transit stations and terminals; transit station parking;
126	park-and-ride lots; intermodal public transit connection or
127	transfer facilities; fixed bus, guideway, and rail stations; and
128	airport passenger terminals and concourses, air cargo
129	facilities, and hangars for the assembly, manufacture,
130	maintenance, or storage of aircraft. As used in this paragraph,
131	the terms "terminals" and "transit facilities" do not include
132	seaports or commercial or residential development constructed in
133	conjunction with a public transit facility.
134	(12)  A development of regional impact may satisfy the
135	transportation concurrency requirements of the local
136	comprehensive plan, the local government's concurrency
137	management system, and s. 380.06 by payment of a proportionate-
138	share contribution for local and regionally significant traffic
139	impacts, if:
140	(d)  If the regionally significant transportation facility
141	to be constructed or improved is under the maintenance authority
142	of a governmental entity, as defined by s. 334.03(10)(12), other
143	than the local government with jurisdiction over the development
144	of regional impact, the developer is required to enter into a
145	binding and legally enforceable commitment to transfer funds to
146	the governmental entity having maintenance authority or to
147	otherwise assure construction or improvement of the facility.
148
149	The proportionate-share contribution may be applied to any
150	transportation facility to satisfy the provisions of this
151	subsection and the local comprehensive plan, but, for the
152	purposes of this subsection, the amount of the proportionate-
153	share contribution shall be calculated based upon the cumulative
154	number of trips from the proposed development expected to reach
155	roadways during the peak hour from the complete buildout of a
156	stage or phase being approved, divided by the change in the peak
157	hour maximum service volume of roadways resulting from
158	construction of an improvement necessary to maintain the adopted
159	level of service, multiplied by the construction cost, at the
160	time of developer payment, of the improvement necessary to
161	maintain the adopted level of service. For purposes of this
162	subsection, "construction cost" includes all associated costs of
163	the improvement. Proportionate-share mitigation shall be limited
164	to ensure that a development of regional impact meeting the
165	requirements of this subsection mitigates its impact on the
166	transportation system but is not responsible for the additional
167	cost of reducing or eliminating backlogs. This subsection also
168	applies to Florida Quality Developments pursuant to s. 380.061
169	and to detailed specific area plans implementing optional sector
170	plans pursuant to s. 163.3245.
171	Section 2.  Subsection (5) of section 316.535, Florida
172	Statutes, is amended to read:
173	316.535  Maximum weights.--
174	(5)  With respect to those highways not in the Interstate
175	Highway System, in all cases in which it exceeds state law in
176	effect on January 4, 1975, the overall gross weight on the
177	vehicle or combination of vehicles, including all enforcement
178	tolerances, shall be as determined by the following formula:
179
180	W = 500((LN ÷ (N-1)) + 12N + 36)
181
182	where W = overall gross weight of the vehicle to the nearest 500
183	pounds; L = distance in feet between the extreme of the external
184	axles; and N = number of axles on the vehicle. However, such
185	overall gross weight of any vehicle or combination of vehicles
186	may not exceed 88,000 80,000 pounds including all enforcement
187	tolerances.
188	Section 3.  Section 334.03, Florida Statutes, is amended to
189	read:
190	334.03  Definitions.--When used in the Florida
191	Transportation Code, the term:
192	(1)  "Arterial road" means a route providing service which
193	is relatively continuous and of relatively high traffic volume,
194	long average trip length, high operating speed, and high
195	mobility importance. In addition, every United States numbered
196	highway is an arterial road.
197	(1)(2)  "Bridge" means a structure, including supports,
198	erected over a depression or an obstruction, such as water or a
199	highway or railway, and having a track or passageway for
200	carrying traffic as defined in chapter 316 or other moving
201	loads.
202	(2)(3)  "City street system" means all local roads within a
203	municipality that were under the jurisdiction of that
204	municipality on June 10, 1995, roads constructed by a
205	municipality for that municipality's street system, and roads
206	transferred to the municipality's jurisdiction after that date
207	by mutual consent with another governmental entity, but does not
208	include roads so transferred from the municipality's
209	jurisdiction, and all collector roads inside that municipality,
210	which are not in the county road system.
211	(4)  "Collector road" means a route providing service which
212	is of relatively moderate average traffic volume, moderately
213	average trip length, and moderately average operating speed.
214	Such a route also collects and distributes traffic between local
215	roads or arterial roads and serves as a linkage between land
216	access and mobility needs.
217	(3)(5)  "Commissioners" means the governing body of a
218	county.
219	(4)(6)  "Consolidated metropolitan statistical area" means
220	two or more metropolitan statistical areas that are socially and
221	economically interrelated as defined by the United States Bureau
222	of the Census.
223	(5)(7)  "Controlled access facility" means a street or
224	highway to which the right of access is highly regulated by the
225	governmental entity having jurisdiction over the facility in
226	order to maximize the operational efficiency and safety of the
227	high-volume through traffic utilizing the facility. Owners or
228	occupants of abutting lands and other persons have a right of
229	access to or from such facility at such points only and in such
230	manner as may be determined by the governmental entity.
231	(6)(8)  "County road system" means all roads within a
232	county which were under the jurisdiction of that county on June
233	10, 1995, roads constructed by a county for that county's road
234	system, and roads transferred to the county's jurisdiction after
235	that date by mutual consent with another governmental entity,
236	but does not include roads so transferred from the county's
237	jurisdiction collector roads in the unincorporated areas of a
238	county and all extensions of such collector roads into and
239	through any incorporated areas, all local roads in the
240	unincorporated areas, and all urban minor arterial roads not in
241	the State Highway System.
242	(7)(9)  "Department" means the Department of
243	Transportation.
244	(8)(10)  "Florida Intrastate Highway System" means a system
245	of limited access and controlled access facilities on the State
246	Highway System which have the capacity to provide high-speed and
247	high-volume traffic movements in an efficient and safe manner.
248	(9)(11)  "Functional classification" means the assignment
249	of roads into systems according to the character of service they
250	provide in relation to the total road network using procedures
251	developed by the Federal Highway Administration. Basic
252	functional categories include arterial roads, collector roads,
253	and local roads which may be subdivided into principal, major,
254	or minor levels. Those levels may be additionally divided into
255	rural and urban categories.
256	(10)(12)  "Governmental entity" means a unit of government,
257	or any officially designated public agency or authority of a
258	unit of government, that has the responsibility for planning,
259	construction, operation, or maintenance or jurisdiction over
260	transportation facilities; the term includes the Federal
261	Government, the state government, a county, an incorporated
262	municipality, a metropolitan planning organization, an
263	expressway or transportation authority, a road and bridge
264	district, a special road and bridge district, and a regional
265	governmental unit.
266	(11)(13)  "Limited access facility" means a street or
267	highway especially designed for through traffic, and over, from,
268	or to which owners or occupants of abutting land or other
269	persons have no right or easement of access, light, air, or view
270	by reason of the fact that their property abuts upon such
271	limited access facility or for any other reason. Such highways
272	or streets may be facilities from which trucks, buses, and other
273	commercial vehicles are excluded; or they may be facilities open
274	to use by all customary forms of street and highway traffic.
275	(12)(14)  "Local governmental entity" means a unit of
276	government with less than statewide jurisdiction, or any
277	officially designated public agency or authority of such a unit
278	of government, that has the responsibility for planning,
279	construction, operation, or maintenance of, or jurisdiction
280	over, a transportation facility; the term includes, but is not
281	limited to, a county, an incorporated municipality, a
282	metropolitan planning organization, an expressway or
283	transportation authority, a road and bridge district, a special
284	road and bridge district, and a regional governmental unit.
285	(15)  "Local road" means a route providing service which is
286	of relatively low average traffic volume, short average trip
287	length or minimal through-traffic movements, and high land
288	access for abutting property.
289	(13)(16)  "Metropolitan area" means a geographic region
290	comprising as a minimum the existing urbanized area and the
291	contiguous area projected to become urbanized within a 20-year
292	forecast period. The boundaries of a metropolitan area may be
293	designated so as to encompass a metropolitan statistical area or
294	a consolidated metropolitan statistical area. If a metropolitan
295	area, or any part thereof, is located within a nonattainment
296	area, the boundaries of the metropolitan area must be designated
297	so as to include the boundaries of the entire nonattainment
298	area, unless otherwise provided by agreement between the
299	applicable metropolitan planning organization and the Governor.
300	(14)(17)  "Metropolitan statistical area" means an area
301	that includes a municipality of 50,000 persons or more, or an
302	urbanized area of at least 50,000 persons as defined by the
303	United States Bureau of the Census, provided that the component
304	county or counties have a total population of at least 100,000.
305	(15)(18)  "Nonattainment area" means an area designated by
306	the United States Environmental Protection Agency, pursuant to
307	federal law, as exceeding national primary or secondary ambient
308	air quality standards for the pollutants carbon monoxide or
309	ozone.
310	(16)(19)  "Periodic maintenance" means activities that are
311	large in scope and require a major work effort to restore
312	deteriorated components of the transportation system to a safe
313	and serviceable condition, including, but not limited to, the
314	repair of large bridge structures, major repairs to bridges and
315	bridge systems, and the mineral sealing of lengthy sections of
316	roadway.
317	(17)(20)  "Person" means any person described in s. 1.01 or
318	any unit of government in or outside the state.
319	(18)(21)  "Right of access" means the right of ingress to a
320	highway from abutting land and egress from a highway to abutting
321	land.
322	(19)(22)  "Right-of-way" means land in which the state, the
323	department, a county, or a municipality owns the fee or has an
324	easement devoted to or required for use as a transportation
325	facility.
326	(20)(23)  "Road" means a way open to travel by the public,
327	including, but not limited to, a street, highway, or alley. The
328	term includes associated sidewalks, the roadbed, the right-of-
329	way, and all culverts, drains, sluices, ditches, water storage
330	areas, waterways, embankments, slopes, retaining walls, bridges,
331	tunnels, and viaducts necessary for the maintenance of travel
332	and all ferries used in connection therewith.
333	(21)(24)  "Routine maintenance" means minor repairs and
334	associated tasks necessary to maintain a safe and efficient
335	transportation system. The term includes: pavement patching;
336	shoulder repair; cleaning and repair of drainage ditches,
337	traffic signs, and structures; mowing; bridge inspection and
338	maintenance; pavement striping; litter cleanup; and other
339	similar activities.
340	(22)(25)  "State Highway System" means the following, which
341	shall be facilities to which access is regulated:
342	(a)  The interstate system and all other roads within the
343	state which were under the jurisdiction of the state on June 10,
344	1995, roads constructed by an agency of the state for the State
345	Highway System, and roads transferred to the state's
346	jurisdiction after that date by mutual consent with another
347	governmental entity, but does not include roads so transferred
348	from the state's jurisdiction. These facilities shall be
349	facilities to which access is regulated.;
350	(b)  All rural arterial routes and their extensions into
351	and through urban areas;
352	(c)  All urban principal arterial routes; and
353	(d)  The urban minor arterial mileage on the existing State
354	Highway System as of July 1, 1987, plus additional mileage to
355	comply with the 2-percent requirement as described below.
356
357	However, not less than 2 percent of the public road mileage of
358	each urbanized area on record as of June 30, 1986, shall be
359	included as minor arterials in the State Highway System.
360	Urbanized areas not meeting the foregoing minimum requirement
361	shall have transferred to the State Highway System additional
362	minor arterials of the highest significance in which case the
363	total minor arterials in the State Highway System from any
364	urbanized area shall not exceed 2.5 percent of that area's total
365	public urban road mileage.
366	(23)(26)  "State Park Road System" means roads embraced
367	within the boundaries of state parks and state roads leading to
368	state parks, other than roads of the State Highway System, the
369	county road systems, or the city street systems.
370	(24)(27)  "State road" means a street, road, highway, or
371	other way open to travel by the public generally and dedicated
372	to the public use according to law or by prescription and
373	designated by the department, as provided by law, as part of the
374	State Highway System.
375	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
376	causeway, approach, ferry slip, culvert, toll plaza, gate, or
377	other similar facility used in connection with a transportation
378	facility.
379	(26)(29)  "Sufficiency rating" means the objective rating
380	of a road or section of a road for the purpose of determining
381	its capability to serve properly the actual or anticipated
382	volume of traffic using the road.
383	(27)(30)  "Transportation corridor" means any land area
384	designated by the state, a county, or a municipality which is
385	between two geographic points and which area is used or suitable
386	for the movement of people and goods by one or more modes of
387	transportation, including areas necessary for management of
388	access and securing applicable approvals and permits.
389	Transportation corridors shall contain, but are not limited to,
390	the following:
391	(a)  Existing publicly owned rights-of-way;
392	(b)  All property or property interests necessary for
393	future transportation facilities, including rights of access,
394	air, view, and light, whether public or private, for the purpose
395	of securing and utilizing future transportation rights-of-way,
396	including, but not limited to, any lands reasonably necessary
397	now or in the future for securing applicable approvals and
398	permits, borrow pits, drainage ditches, water retention areas,
399	rest areas, replacement access for landowners whose access could
400	be impaired due to the construction of a future facility, and
401	replacement rights-of-way for relocation of rail and utility
402	facilities.
403	(28)(31)  "Transportation facility" means any means for the
404	transportation of people or property from place to place which
405	is constructed, operated, or maintained in whole or in part from
406	public funds. The term includes the property or property rights,
407	both real and personal, which have been or may be established by
408	public bodies for the transportation of people or property from
409	place to place.
410	(29)(32)  "Urban area" means a geographic region comprising
411	as a minimum the area inside the United States Bureau of the
412	Census boundary of an urban place with a population of 5,000 or
413	more persons, expanded to include adjacent developed areas as
414	provided for by Federal Highway Administration regulations.
415	(33)  "Urban minor arterial road" means a route that
416	generally interconnects with and augments an urban principal
417	arterial road and provides service to trips of shorter length
418	and a lower level of travel mobility. The term includes all
419	arterials not classified as "principal" and contain facilities
420	that place more emphasis on land access than the higher system.
421	(30)(34)  "Urban place" means a geographic region composed
422	of one or more contiguous census tracts that have been found by
423	the United States Bureau of the Census to contain a population
424	density of at least 1,000 persons per square mile.
425	(35)  "Urban principal arterial road" means a route that
426	generally serves the major centers of activity of an urban area,
427	the highest traffic volume corridors, and the longest trip
428	purpose and carries a high proportion of the total urban area
429	travel on a minimum of mileage. Such roads are integrated, both
430	internally and between major rural connections.
431	(31)(36)  "Urbanized area" means a geographic region
432	comprising as a minimum the area inside an urban place of 50,000
433	or more persons, as designated by the United States Bureau of
434	the Census, expanded to include adjacent developed areas as
435	provided for by Federal Highway Administration regulations.
436	Urban areas with a population of fewer than 50,000 persons which
437	are located within the expanded boundary of an urbanized area
438	are not separately recognized.
439	(32)(37)  "511" or "511 services" means three-digit
440	telecommunications dialing to access interactive voice response
441	telephone traveler information services provided in the state as
442	defined by the Federal Communications Commission in FCC Order
443	No. 00-256, July 31, 2000.
444	(33)(38)  "Interactive voice response" means a software
445	application that accepts a combination of voice telephone input
446	and touch-tone keypad selection and provides appropriate
447	responses in the form of voice, fax, callback, e-mail, and other
448	media.
449	Section 4.  Subsections (11) and (13) of section 334.044,
450	Florida Statutes, are amended to read:
451	334.044  Department; powers and duties.--The department
452	shall have the following general powers and duties:
453	(11)  To establish a numbering system for public roads and,
454	to functionally classify such roads, and to assign
455	jurisdictional responsibility.
456	(13)  To designate existing and to plan proposed
457	transportation facilities as part of the State Highway System,
458	and to construct, maintain, and operate such facilities.
459	Section 5.  Section 334.047, Florida Statutes, is amended
460	to read:
461	334.047  Prohibition.--Notwithstanding any other provision
462	of law to the contrary, the Department of Transportation may not
463	establish a cap on the number of miles in the State Highway
464	System or a maximum number of miles of urban principal arterial
465	roads, as defined in s. 334.03, within a district or county.
466	Section 6.  Section 334.301, Florida Statutes, is created
467	to read:
468	334.301  Public-private partnerships with counties.--
469	(1)  Notwithstanding any other provision of law or
470	ordinance, a county may enter into agreements with private
471	entities, or a consortia thereof, for the building, operation,
472	ownership, or financing of toll facilities as part of the county
473	road system under the following circumstances:
474	(a)  The county has publically declared at a properly
475	noticed commission meeting the need for a toll facility and a
476	desire to contract with a private entity for the building,
477	operation, ownership, or financing of a toll facility; and
478	(b)  The county establishes after a public hearing that the
479	proposal includes unique benefits and that adoption of the
480	project is not contrary to the interest of the public.
481	(2)  Before awarding the project to a private entity, the
482	county must determine that the proposed project:
483	(a)  Is not contrary to the public's interest;
484	(b)  Would not require state funds to be used;
485	(c)  Would have adequate safeguards in place to ensure that
486	no additional costs or service disruptions would be realized by
487	the travelling public in the event of default or cancellation of
488	the agreement by the county; and
489	(d)  Would have adequate safeguards in place to ensure that
490	the county or the private entity has the opportunity to add
491	capacity to the proposed project and other transportation
492	facilities serving similar origins and destinations.
493	(3)  Any agreement between a county and a private entity,
494	or consortia thereof, must address the following:
495	(a)  Regulations governing the future increase of toll or
496	fare revenues; and
497	(b)  That the private entity shall provide an investment
498	grade traffic and revenue study prepared by an internationally
499	recognized traffic and revenue expert that is accepted by the
500	national bond rating agencies. The private entity shall also
501	provide a finance plan than identifies the project cost,
502	revenues by source, financing, major assumptions, internal rate
503	of return on private investment, whether any government funds
504	are assumed to deliver a cost-feasible project, and a total cash
505	flow analysis beginning with the implementation of the project
506	and extending for the term of the agreement.
507	Section 7.  Subsection (2) of section 337.0261, Florida
508	Statutes, is amended to read:
509	337.0261  Construction aggregate materials.--
510	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
511	is a strategic and critical need for an available supply of
512	construction aggregate materials within the state and that a
513	disruption of the supply would cause a significant detriment to
514	the state's construction industry, transportation system, and
515	overall health, safety, and welfare. In addition, the
516	Legislature recognizes that construction aggregate materials
517	mining is an industry of critical importance to the state and
518	that the mining of construction aggregate materials is in the
519	public interest.
520	Section 8.  Section 705.18, Florida Statutes, is amended to
521	read:
522	705.18  Disposal of personal property lost or abandoned on
523	university or community college campuses or certain public-use
524	airports; disposition of proceeds from sale thereof.--
525	(1)  Whenever any lost or abandoned personal property shall
526	be found on a campus of an institution in the State University
527	System or a campus of a state-supported community college, or on
528	premises owned or controlled by the operator of a public-use
529	airport having regularly scheduled international passenger
530	service, the president of the institution or the president's
531	designee or the director of the airport or the director's
532	designee shall take charge thereof and make a record of the date
533	such property was found. If, within 30 days after such property
534	is found, or a longer period of time as may be deemed
535	appropriate by the president or the director under the
536	circumstances, the property it is not claimed by the owner, the
537	president or director shall order it sold at public outcry after
538	giving notice of the time and place of sale in a publication of
539	general circulation on the campus of such institution or within
540	the county where the airport is located and written notice to
541	the owner if known. The rightful owner of such property may
542	reclaim the same at any time prior to sale.
543	(2)  All moneys realized from such institution's sale shall
544	be placed in an appropriate fund and used solely for student
545	scholarship and loan purposes. All moneys realized from such
546	sale by an airport, less its costs of storage, transportation,
547	and publication of notice, shall, unless another use is required
548	by federal law, be deposited into the state school fund.
549	Section 9.  Section 705.182, Florida Statutes, is created
550	to read:
551	705.182  Disposal of personal property found on the
552	premises of public-use airports.--
553	(1)  Whenever any personal property, other than an aircraft
554	or motor vehicle, is found on premises owned or controlled by
555	the operator of a public-use airport, the director of the
556	airport or the director's designee shall take charge thereof and
557	make a record of the date such property was found.
558	(2)  If, within 30 calendar days after such property is
559	found or for a longer period of time as may be deemed
560	appropriate by the director or the director's designee under the
561	circumstances, the property is not claimed by the owner, the
562	director or the director's designee may:
563	(a)  Retain any or all of the property for use by the
564	airport or for use by the state or the unit of local government
565	owning or operating the airport;
566	(b)  Trade such property to another unit of local
567	government or a state agency;
568	(c)  Donate the property to a charitable organization;
569	(d)  Sell the property; or
570	(e)  Dispose of the property through an appropriate refuse
571	removal company or a company that provides salvage services for
572	the type of personal property found or located on the airport
573	premises.
574	(3)  The airport shall notify the owner, if known, of the
575	property found on the airport premises and that the airport
576	intends to dispose of the property as provided in subsection
577	(2).
578	(4)  If the airport elects to sell the property under
579	paragraph (2)(d), the property must be sold at a public auction
580	either on the Internet or at a specified physical location after
581	giving notice of the time and place of sale, at least 10
582	calendar days prior to the date of sale, in a publication of
583	general circulation within the county where the airport is
584	located and after written notice, via certified mail, return
585	receipt requested, is provided to the owner, if known. Any such
586	notice shall be sufficient if the notice refers to the airport's
587	intention to sell all then-accumulated found property, and there
588	is no requirement that the notice identify each item to be sold.
589	The rightful owner of such property may reclaim the property at
590	any time prior to sale by presenting acceptable evidence of
591	ownership to the airport director or the director's designee.
592	All proceeds from the sale of the property shall be retained by
593	the airport for use by the airport in any lawfully authorized
594	manner.
595	(5)  Nothing in this section shall preclude the airport
596	from allowing a domestic or international air carrier or other
597	tenant, on premises owned or controlled by the operator of a
598	public-use airport, to establish its own lost and found
599	procedures for personal property and to dispose of such personal
600	property.
601	(6)  A purchaser or recipient in good faith of personal
602	property sold or obtained under this section shall take the
603	property free of the rights of persons then holding any legal or
604	equitable interest thereto, whether or not recorded.
605	Section 10.  Section 705.183, Florida Statutes, is created
606	to read:
607	705.183  Disposal of derelict or abandoned aircraft on the
608	premises of public-use airports.--
609	(1)(a)  Whenever any derelict or abandoned aircraft is
610	found or located on premises owned or controlled by the operator
611	of a public-use airport, whether or not such premises are under
612	a lease or license to a third party, the director of the airport
613	or the director's designee shall make a record of the date the
614	aircraft was found or determined to be present on the airport
615	premises.
616	(b)  For purposes of this section, the term:
617	1.  "Abandoned aircraft" means an aircraft that has been
618	disposed of on a public-use airport in a wrecked, inoperative,
619	or partially dismantled condition or an aircraft that has
620	remained in an idle state on premises owned or controlled by the
621	operator of a public-use airport for 45 consecutive calendar
622	days.
623	2.  "Derelict aircraft" means any aircraft that is not in a
624	flyable condition, does not have a current certificate of air
625	worthiness issued by the Federal Aviation Administration, and is
626	not in the process of actively being repaired.
627	(2)  The director or the director's designee shall contact
628	the Federal Aviation Administration, Aircraft Registration
629	Branch, to determine the name and address of the last registered
630	owner of the aircraft and shall make a diligent personal search
631	of the appropriate records, or contact an aircraft title search
632	company, to determine the name and address of any person having
633	an equitable or legal interest in the aircraft. Within 10
634	business days after receipt of the information, the director or
635	the director's designee shall notify the owner and all persons
636	having an equitable or legal interest in the aircraft by
637	certified mail, return receipt requested, of the location of the
638	derelict or abandoned aircraft on the airport premises, that
639	fees and charges for the use of the airport by the aircraft have
640	accrued and the amount thereof, that the aircraft is subject to
641	a lien under subsection (5) for the accrued fees and charges for
642	the use of the airport and for the transportation, storage, and
643	removal of the aircraft, that the lien is subject to enforcement
644	pursuant to law, and that the airport may cause the use, trade,
645	sale, or removal of the aircraft as described in s.
646	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
647	after the date of receipt of such notice, the aircraft has not
648	been removed from the airport upon payment in full of all
649	accrued fees and charges for the use of the airport and for the
650	transportation, storage, and removal of the aircraft. Such
651	notice may require removal of the aircraft in less than 30
652	calendar days if the aircraft poses a danger to the health or
653	safety of users of the airport, as determined by the director or
654	the director's designee.
655	(3)  If the owner of the aircraft is unknown or cannot be
656	found, the director or the director's designee shall cause a
657	laminated notice to be placed upon such aircraft in
658	substantially the following form:
659
660	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
661	PROPERTY.  This property, to wit:  (setting forth brief
662	description) is unlawfully upon public property known as
663	(setting forth brief description of location) and has accrued
664	fees and charges for the use of the (same description of
665	location as above) and for the transportation, storage, and
666	removal of the property. These accrued fees and charges must be
667	paid in full and the property must be removed within 30 calendar
668	days after the date of this notice; otherwise, the property will
669	be removed and disposed of pursuant to chapter 705, Florida
670	Statutes. The property is subject to a lien for all accrued fees
671	and charges for the use of the public property known as (same
672	description of location as above) by such property and for all
673	fees and charges incurred by the public property known as (same
674	description of location as above) for the transportation,
675	storage, and removal of the property. This lien is subject to
676	enforcement pursuant to law. The owner will be liable for such
677	fees and charges, as well as the cost for publication of this
678	notice. Dated this:  (setting forth the date of posting of
679	notice), signed:  (setting forth name, title, address, and
680	telephone number of law enforcement officer).
681
682	Such notice shall be not less than 8 inches by 10 inches and
683	shall be sufficiently weatherproof to withstand normal exposure
684	to the weather. If, at the end of 30 calendar days after posting
685	the notice, the owner or any person interested in the described
686	derelict or abandoned aircraft has not removed the aircraft from
687	the airport upon payment in full of all accrued fees and charges
688	for the use of the airport and for the transportation, storage,
689	and removal of the aircraft, or shown reasonable cause for
690	failure to do so, the director or the director's designee may
691	cause the use, trade, sale, or removal of the aircraft as
692	described in s. 705.182(2)(a), (b), (d), or (e).
693	(4)  Such aircraft shall be removed within the time period
694	specified in the notice provided under subsection (2) or
695	subsection (3). If, at the end of such period of time, the owner
696	or any person interested in the described derelict or abandoned
697	aircraft has not removed the aircraft from the airport upon
698	payment in full of all accrued fees and charges for the use of
699	the airport and for the transportation, storage, and removal of
700	the aircraft, or shown reasonable cause for the failure to do
701	so, the director or the director's designee may cause the use,
702	trade, sale, or removal of the aircraft as described in s.
703	705.182(2)(a), (b), (d), or (e).
704	(a)  If the airport elects to sell the aircraft in
705	accordance with s. 705.182(2)(d), the aircraft must be sold at
706	public auction after giving notice of the time and place of
707	sale, at least 10 calendar days prior to the date of sale, in a
708	publication of general circulation within the county where the
709	airport is located and after providing written notice of the
710	intended sale to all parties known to have an interest in the
711	aircraft.
712	(b)  If the airport elects to dispose of the aircraft in
713	accordance with s. 705.182(2)(e), the airport shall be entitled
714	to negotiate with the company for a price to be received from
715	such company in payment for the aircraft, or, if circumstances
716	so warrant, a price to be paid to such company by the airport
717	for the costs of disposing of the aircraft. All information
718	pertaining to the establishment of such price and the
719	justification for the amount of such price shall be prepared and
720	maintained by the airport, and such negotiated price shall be
721	deemed to be a commercially reasonable price.
722	(c)  If the sale price or the negotiated price is less than
723	the airport's then current charges and costs against the
724	aircraft, or if the airport is required to pay the salvage
725	company for its services, the owner of the aircraft shall remain
726	liable to the airport for the airport's costs that are not
727	offset by the sale price or negotiated price, in addition to the
728	owner's liability for payment to the airport of the price the
729	airport was required to pay any salvage company. All costs
730	incurred by the airport in the removal, storage, and sale of any
731	aircraft shall be recoverable against the owner thereof.
732	(5)  The airport shall have a lien on a derelict or
733	abandoned aircraft for all fees and charges for the use of the
734	airport by such aircraft and for all fees and charges incurred
735	by the airport for the transportation, storage, and removal of
736	the aircraft. As a prerequisite to perfecting a lien under this
737	section, the airport director or the director's designee must
738	serve a notice in accordance with subsection (2) on the last
739	registered owner and all persons having an equitable or legal
740	interest in the aircraft. Serving the notice does not dispense
741	with recording the claim of lien.
742	(6)(a)  For the purpose of perfecting its lien under this
743	section, the airport shall record a claim of lien which shall
744	state:
745	1.  The name and address of the airport.
746	2.  The name of the last registered owner of the aircraft
747	and all persons having a legal or equitable interest in the
748	aircraft.
749	3.  The fees and charges incurred by the aircraft for the
750	use of the airport and the fees and charges for the
751	transportation, storage, and removal of the aircraft.
752	4.  A description of the aircraft sufficient for
753	identification.
754	(b)  The claim of lien shall be signed and sworn to or
755	affirmed by the airport director or the director's designee.
756	(c)  The claim of lien shall be sufficient if it is in
757	substantially the following form:
758
759	CLAIM OF LIEN
760	State of ______
761	County of ______
762	Before me, the undersigned notary public, personally appeared
763	______, who was duly sworn and says that he/she is the
764	________of ________, whose address is________; and that the
765	following described aircraft:
766	(Description of aircraft)
767	owned by __________, whose address is ____________, has accrued
768	$___________in fees and charges for the use by the aircraft of
769	______________ and for the transportation, storage, and removal
770	of the aircraft from _______________; that the lienor served its
771	notice to the last registered owner and all persons having a
772	legal or equitable interest in the aircraft on ____, (year),
773	by________.
774	(Signature)
775	Sworn to (or affirmed) and subscribed before me this _____day
776	of___, (year), by (name of person making statement).
777	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
778	name of Notary Public)
779	Personally Known___OR Produced_____as identification.
780
781	However, the negligent inclusion or omission of any information
782	in this claim of lien which does not prejudice the last
783	registered owner does not constitute a default that operates to
784	defeat an otherwise valid lien.
785	(d)  The claim of lien shall be served on the last
786	registered owner of the aircraft and all persons having an
787	equitable or legal interest in the aircraft. The claim of lien
788	shall be so served before recordation.
789	(e)  The claim of lien shall be recorded with the clerk of
790	court in the county where the airport is located. The recording
791	of the claim of lien shall be constructive notice to all persons
792	of the contents and effect of such claim. The lien shall attach
793	at the time of recordation and shall take priority as of that
794	time.
795	(7)  A purchaser or recipient in good faith of an aircraft
796	sold or obtained under this section takes the property free of
797	the rights of persons then holding any legal or equitable
798	interest thereto, whether or not recorded. The purchaser or
799	recipient is required to notify the appropriate Federal Aviation
800	Administration office of such change in the registered owner of
801	the aircraft.
802	(8)  If the aircraft is sold at public sale, the airport
803	shall deduct from the proceeds of sale the costs of
804	transportation, storage, publication of notice, and all other
805	costs reasonably incurred by the airport, and any balance of the
806	proceeds shall be deposited into an interest-bearing account not
807	later than 30 calendar days after the airport's receipt of the
808	proceeds and held there for 1 year. The rightful owner of the
809	aircraft may claim the balance of the proceeds within 1 year
810	after the date of the deposit by making application to the
811	airport and presenting acceptable written evidence of ownership
812	to the airport's director or the director's designee. If no
813	rightful owner claims the proceeds within the 1-year time
814	period, the balance of the proceeds shall be retained by the
815	airport to be used in any manner authorized by law.
816	(9)  Any person acquiring a legal interest in an aircraft
817	that is sold by an airport under this section or s. 705.182
818	shall be the lawful owner of such aircraft and all other legal
819	or equitable interests in such aircraft shall be divested and of
820	no further force and effect, provided that the holder of any
821	such legal or equitable interests was notified of the intended
822	disposal of the aircraft to the extent required in this section.
823	The airport may issue documents of disposition to the purchaser
824	or recipient of an aircraft disposed of under this section.
825	Section 11.  Section 705.184, Florida Statutes, is created
826	to read:
827	705.184  Derelict or abandoned motor vehicles on the
828	premises of public-use airports.--
829	(1)(a)  Whenever any derelict or abandoned motor vehicle is
830	found on premises owned or controlled by the operator of a
831	public-use airport, including airport premises leased to a third
832	party, the director of the airport or the director's designee
833	may take charge thereof and make a record of the date such motor
834	vehicle was found.
835	(b)  For purposes of this section, the term:
836	1.  "Abandoned motor vehicle" means a motor vehicle that
837	has been disposed of on a public-use airport in a wrecked,
838	inoperative, or partially dismantled condition or a motor
839	vehicle that has remained in an idle state on the premises of a
840	public-use airport for 45 consecutive calendar days.
841	2.  "Derelict motor vehicle" means any motor vehicle that
842	is not in a drivable condition.
843	(c)  After the information relating to the abandoned or
844	derelict motor vehicle is recorded in the airport's records, the
845	director or the director's designee may cause the motor vehicle
846	to be removed from airport premises by the airport's wrecker or
847	by a licensed independent wrecker company to be stored at a
848	suitable location on or off the airport premises. If the motor
849	vehicle is to be removed from airport premises by the airport's
850	wrecker, the airport must follow the procedures in subsections
851	(2)-(8). The procedures in subsections (2)-(8) do not apply if
852	the motor vehicle is removed from the airport premises by a
853	licensed independent wrecker company.
854	(2)  The airport director or the director's designee shall
855	contact the Department of Highway Safety and Motor Vehicles to
856	notify that department that the airport has possession of the
857	abandoned or derelict motor vehicle and to determine the name
858	and address of the owner of the motor vehicle, the insurance
859	company insuring the motor vehicle notwithstanding the
860	provisions of s. 627.736, and any person who has filed a lien on
861	the motor vehicle. Within 7 business days after receipt of the
862	information, the director or the director's designee shall send
863	notice by certified mail, return receipt requested, to the owner
864	of the motor vehicle, the insurance company insuring the motor
865	vehicle notwithstanding the provisions of s. 627.736, and all
866	persons of record claiming a lien against the motor vehicle. The
867	notice shall state the fact of possession of the motor vehicle,
868	that charges for reasonable towing, storage, and parking fees,
869	if any, have accrued and the amount thereof, that a lien as
870	provided in subsection (6) will be claimed, that the lien is
871	subject to enforcement pursuant to law, that the owner or
872	lienholder, if any, has the right to a hearing as set forth in
873	subsection (4), and that any motor vehicle which, at the end of
874	30 calendar days after receipt of the notice, has not been
875	removed from the airport upon payment in full of all accrued
876	charges for reasonable towing, storage, and parking fees, if
877	any, may be disposed of as provided in s. 705.182(2)(a), (b),
878	(d), or (e), including, but not limited to, the motor vehicle
879	being sold free of all prior liens after 35 calendar days after
880	the time the motor vehicle is stored if any prior liens on the
881	motor vehicle are more than 5 years of age or after 50 calendar
882	days after the time the motor vehicle is stored if any prior
883	liens on the motor vehicle are 5 years of age or less.
884	(3)  If attempts to notify the owner or lienholder pursuant
885	to subsection (2) are not successful, the requirement of notice
886	by mail shall be considered met and the director or the
887	director's designee, in accordance with subsection (5), may
888	cause the motor vehicle to be disposed of as provided in s.
889	705.182(2)(a), (b), (d), or (e), including, but not limited to,
890	the motor vehicle being sold free of all prior liens after 35
891	calendar days after the time the motor vehicle is stored if any
892	prior liens on the motor vehicle are more than 5 years of age or
893	after 50 calendar days after the time the motor vehicle is
894	stored if any prior liens on the motor vehicle are 5 years of
895	age or less.
896	(4)(a)  The owner of, or any person with a lien on, a motor
897	vehicle removed pursuant to subsection (1), may, within 10
898	calendar days after the time he or she has knowledge of the
899	location of the motor vehicle, file a complaint in the county
900	court of the county in which the motor vehicle is stored to
901	determine if his or her property was wrongfully taken or
902	withheld.
903	(b)  Upon filing a complaint, an owner or lienholder may
904	have his or her motor vehicle released upon posting with the
905	court a cash or surety bond or other adequate security equal to
906	the amount of the fees for towing, storage, and accrued parking,
907	if any, to ensure the payment of such fees in the event he or
908	she does not prevail. Upon the posting of the bond or other
909	adequate security and the payment of any applicable fee, the
910	clerk of the court shall issue a certificate notifying the
911	airport of the posting of the bond or other adequate security
912	and directing the airport to release the motor vehicle. At the
913	time of such release, after reasonable inspection, the owner or
914	lienholder shall give a receipt to the airport reciting any
915	claims he or she has for loss or damage to the motor vehicle or
916	the contents thereof.
917	(5)  If, after 30 calendar days after receipt of the
918	notice, the owner or any person claiming a lien has not removed
919	the motor vehicle from its storage location upon payment in full
920	of all accrued charges for reasonable towing, storage, and
921	parking fees, if any, or shown reasonable cause for the failure
922	to do so, the airport director or the director's designee may
923	dispose of the motor vehicle as provided in s. 705.182(2)(a),
924	(b), (d), or (e). If the airport elects to sell the motor
925	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
926	sold free of all prior liens after 35 calendar days after the
927	time the motor vehicle is stored if any prior liens on the motor
928	vehicle are more than 5 years of age or after 50 calendar days
929	after the time the motor vehicle is stored if any prior liens on
930	the motor vehicle are 5 years of age or less. The sale shall be
931	a public auction either on the Internet or at a specified
932	physical location. If the date of the sale was not included in
933	the notice required in subsection (2), notice of the sale, sent
934	by certified mail, return receipt requested, shall be given to
935	the owner of the motor vehicle and to all persons claiming a
936	lien on the motor vehicle. Such notice shall be mailed not less
937	than 10 calendar days before the date of the sale. In addition
938	to the notice by mail, public notice of the time and place of
939	the sale at auction shall be made by publishing a notice thereof
940	one time, at least 10 calendar days prior to the date of sale,
941	in a newspaper of general circulation in the county in which the
942	sale is to be held. All costs incurred by the airport for the
943	towing, storage, and sale of the motor vehicle, as well as all
944	accrued parking fees, if any, shall be recovered by the airport
945	from the proceeds of the sale, and any proceeds of the sale in
946	excess of such costs shall be retained by the airport for use by
947	the airport in any manner authorized by law.
948	(6)  The airport pursuant to this section or, if used, a
949	licensed independent wrecker company pursuant to s. 713.78 shall
950	have a lien on an abandoned or derelict motor vehicle for all
951	reasonable towing, storage, and accrued parking fees, if any,
952	except that no storage fee shall be charged if the motor vehicle
953	is stored less than 6 hours. As a prerequisite to perfecting a
954	lien under this section, the airport director or the director's
955	designee must serve a notice in accordance with subsection (2)
956	on the owner of the motor vehicle, the insurance company
957	insuring the motor vehicle notwithstanding the provisions of s.
958	627.736, and all persons of record claiming a lien against the
959	motor vehicle. If attempts to notify the owner, the insurance
960	company insuring the motor vehicle notwithstanding the
961	provisions of s. 627.736, or lienholders are not successful, the
962	requirement of notice by mail shall be considered met. Serving
963	of the notice does not dispense with recording the claim of
964	lien.
965	(7)(a)  For the purpose of perfecting its lien under this
966	section, the airport shall record a claim of lien which shall
967	state:
968	1.  The name and address of the airport.
969	2.  The name of the owner of the motor vehicle, the
970	insurance company insuring the motor vehicle notwithstanding the
971	provisions of s. 627.736, and all persons of record claiming a
972	lien against the motor vehicle.
973	3.  The costs incurred from reasonable towing, storage, and
974	parking fees, if any.
975	4.  A description of the motor vehicle sufficient for
976	identification.
977	(b)  The claim of lien shall be signed and sworn to or
978	affirmed by the airport director or the director's designee.
979	(c)  The claim of lien shall be sufficient if it is in
980	substantially the following form:
981
982	CLAIM OF LIEN
983	State of ______
984	County of ______
985	Before me, the undersigned notary public, personally appeared
986	______, who was duly sworn and says that he/she is the
987	________of _____________, whose address is________; and that the
988	following described motor vehicle:
989	(Description of motor vehicle)
990	owned by __________, whose address is ____________, has accrued
991	$___________in fees for a reasonable tow, for storage, and for
992	parking, if applicable; that the lienor served its notice to the
993	owner, the insurance company insuring the motor vehicle
994	notwithstanding the provisions of s. 627.736, Florida Statutes,
995	and all persons of record claiming a lien against the motor
996	vehicle on ____, (year), by________.
997	(Signature)
998	Sworn to (or affirmed) and subscribed before me this _____day
999	of___, (year), by (name of person making statement).
1000	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
1001	name of Notary Public)
1002	Personally Known___OR Produced_____as identification.
1003
1004	However, the negligent inclusion or omission of any information
1005	in this claim of lien which does not prejudice the owner does
1006	not constitute a default that operates to defeat an otherwise
1007	valid lien.
1008	(d)  The claim of lien shall be served on the owner of the
1009	motor vehicle, the insurance company insuring the motor vehicle
1010	notwithstanding the provisions of s. 627.736, and all persons of
1011	record claiming a lien against the motor vehicle. If attempts to
1012	notify the owner, the insurance company insuring the motor
1013	vehicle notwithstanding the provisions of s. 627.736, or
1014	lienholders are not successful, the requirement of notice by
1015	mail shall be considered met. The claim of lien shall be so
1016	served before recordation.
1017	(e)  The claim of lien shall be recorded with the clerk of
1018	court in the county where the airport is located. The recording
1019	of the claim of lien shall be constructive notice to all persons
1020	of the contents and effect of such claim. The lien shall attach
1021	at the time of recordation and shall take priority as of that
1022	time.
1023	(8)  A purchaser or recipient in good faith of a motor
1024	vehicle sold or obtained under this section takes the property
1025	free of the rights of persons then holding any legal or
1026	equitable interest thereto, whether or not recorded.
1027	Section 12.  Subsection (3) of section 288.063, Florida
1028	Statutes, is amended to read:
1029	288.063  Contracts for transportation projects.--
1030	(3)  With respect to any contract executed pursuant to this
1031	section, the term "transportation project" means a
1032	transportation facility as defined in s. 334.03(28)(31) which is
1033	necessary in the judgment of the Office of Tourism, Trade, and
1034	Economic Development to facilitate the economic development and
1035	growth of the state. Except for applications received prior to
1036	July 1, 1996, such transportation projects shall be approved
1037	only as a consideration to attract new employment opportunities
1038	to the state or expand or retain employment in existing
1039	companies operating within the state, or to allow for the
1040	construction or expansion of a state or federal correctional
1041	facility in a county with a population of 75,000 or less that
1042	creates new employment opportunities or expands or retains
1043	employment in the county. The Office of Tourism, Trade, and
1044	Economic Development shall institute procedures to ensure that
1045	small and minority businesses have equal access to funding
1046	provided under this section. Funding for approved transportation
1047	projects may include any expenses, other than administrative
1048	costs and equipment purchases specified in the contract,
1049	necessary for new, or improvement to existing, transportation
1050	facilities. Funds made available pursuant to this section may
1051	not be expended in connection with the relocation of a business
1052	from one community to another community in this state unless the
1053	Office of Tourism, Trade, and Economic Development determines
1054	that without such relocation the business will move outside this
1055	state or determines that the business has a compelling economic
1056	rationale for the relocation which creates additional jobs.
1057	Subject to appropriation for projects under this section, any
1058	appropriation greater than $10 million shall be allocated to
1059	each of the districts of the Department of Transportation to
1060	ensure equitable geographical distribution. Such allocated funds
1061	that remain uncommitted by the third quarter of the fiscal year
1062	shall be reallocated among the districts based on pending
1063	project requests.
1064	Section 13.  Paragraph (b) of subsection (3) of section
1065	311.07, Florida Statutes, is amended to read:
1066	311.07  Florida seaport transportation and economic
1067	development funding.--
1068	(3)
1069	(b)  Projects eligible for funding by grants under the
1070	program are limited to the following port facilities or port
1071	transportation projects:
1072	1.  Transportation facilities within the jurisdiction of
1073	the port.
1074	2.  The dredging or deepening of channels, turning basins,
1075	or harbors.
1076	3.  The construction or rehabilitation of wharves, docks,
1077	structures, jetties, piers, storage facilities, cruise
1078	terminals, automated people mover systems, or any facilities
1079	necessary or useful in connection with any of the foregoing.
1080	4.  The acquisition of vessel tracking systems, container
1081	cranes, or other mechanized equipment used in the movement of
1082	cargo or passengers in international commerce.
1083	5.  The acquisition of land to be used for port purposes.
1084	6.  The acquisition, improvement, enlargement, or extension
1085	of existing port facilities.
1086	7.  Environmental protection projects which are necessary
1087	because of requirements imposed by a state agency as a condition
1088	of a permit or other form of state approval; which are necessary
1089	for environmental mitigation required as a condition of a state,
1090	federal, or local environmental permit; which are necessary for
1091	the acquisition of spoil disposal sites and improvements to
1092	existing and future spoil sites; or which result from the
1093	funding of eligible projects listed in this paragraph.
1094	8.  Transportation facilities as defined in s.
1095	334.03(28)(31) which are not otherwise part of the Department of
1096	Transportation's adopted work program.
1097	9.  Seaport intermodal access projects identified in the 5-
1098	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1099	10.  Construction or rehabilitation of port facilities as
1100	defined in s. 315.02, excluding any park or recreational
1101	facilities, in ports listed in s. 311.09(1) with operating
1102	revenues of $5 million or less, provided that such projects
1103	create economic development opportunities, capital improvements,
1104	and positive financial returns to such ports.
1105	Section 14.  Subsection (7) of section 311.09, Florida
1106	Statutes, is amended to read:
1107	311.09  Florida Seaport Transportation and Economic
1108	Development Council.--
1109	(7)  The Department of Transportation shall review the list
1110	of projects approved by the council for consistency with the
1111	Florida Transportation Plan and the department's adopted work
1112	program. In evaluating the consistency of a project, the
1113	department shall determine whether the transportation impact of
1114	the proposed project is adequately handled by existing state-
1115	owned transportation facilities or by the construction of
1116	additional state-owned transportation facilities as identified
1117	in the Florida Transportation Plan and the department's adopted
1118	work program. In reviewing for consistency a transportation
1119	facility project as defined in s. 334.03(28)(31) which is not
1120	otherwise part of the department's work program, the department
1121	shall evaluate whether the project is needed to provide for
1122	projected movement of cargo or passengers from the port to a
1123	state transportation facility or local road. If the project is
1124	needed to provide for projected movement of cargo or passengers,
1125	the project shall be approved for consistency as a consideration
1126	to facilitate the economic development and growth of the state
1127	in a timely manner. The Department of Transportation shall
1128	identify those projects which are inconsistent with the Florida
1129	Transportation Plan and the adopted work program and shall
1130	notify the council of projects found to be inconsistent.
1131	Section 15.  Section 316.2122, Florida Statutes, is amended
1132	to read:
1133	316.2122  Operation of a low-speed vehicle on certain
1134	roadways.--The operation of a low-speed vehicle, as defined in
1135	s. 320.01(42), on any road under the jurisdiction of a county or
1136	municipality or on an urban minor arterial road under the
1137	jurisdiction of the Department of Transportation as defined in
1138	s. 334.03(15) or (33), is authorized with the following
1139	restrictions:
1140	(1)  A low-speed vehicle may be operated only on streets
1141	where the posted speed limit is 35 miles per hour or less. This
1142	does not prohibit a low-speed vehicle from crossing a road or
1143	street at an intersection where the road or street has a posted
1144	speed limit of more than 35 miles per hour.
1145	(2)  A low-speed vehicle must be equipped with headlamps,
1146	stop lamps, turn signal lamps, taillamps, reflex reflectors,
1147	parking brakes, rearview mirrors, windshields, seat belts, and
1148	vehicle identification numbers.
1149	(3)  A low-speed vehicle must be registered and insured in
1150	accordance with s. 320.02.
1151	(4)  Any person operating a low-speed vehicle must have in
1152	his or her possession a valid driver's license.
1153	(5)  A county or municipality may prohibit the operation of
1154	low-speed vehicles on any road under its jurisdiction if the
1155	governing body of the county or municipality determines that
1156	such prohibition is necessary in the interest of safety.
1157	(6)  The Department of Transportation may prohibit the
1158	operation of low-speed vehicles on any road under its
1159	jurisdiction if it determines that such prohibition is necessary
1160	in the interest of safety.
1161	Section 16.  Paragraph (c) of subsection (5) of section
1162	316.515, Florida Statutes, is amended to read:
1163	316.515  Maximum width, height, length.--
1164	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1165	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
1166	REQUIREMENTS.--
1167	(c)  The width and height limitations of this section do
1168	not apply to farming or agricultural equipment, whether self-
1169	propelled, pulled, or hauled, when temporarily operated during
1170	daylight hours upon a public road that is not a limited access
1171	facility as defined in s. 334.03(11)(13), and the width and
1172	height limitations may be exceeded by such equipment without a
1173	permit. To be eligible for this exemption, the equipment shall
1174	be operated within a radius of 50 miles of the real property
1175	owned, rented, or leased by the equipment owner. However,
1176	equipment being delivered by a dealer to a purchaser is not
1177	subject to the 50-mile limitation. Farming or agricultural
1178	equipment greater than 174 inches in width must have one warning
1179	lamp mounted on each side of the equipment to denote the width
1180	and must have a slow-moving vehicle sign. Warning lamps required
1181	by this paragraph must be visible from the front and rear of the
1182	vehicle and must be visible from a distance of at least 1,000
1183	feet.
1184	Section 17.  Paragraph (b) of subsection (7) of section
1185	332.14, Florida Statutes, is amended to read:
1186	332.14  Secure Airports for Florida's Economy Council.--
1187	(7)  The SAFE council may utilize, as appropriate and with
1188	legislative spending authorization, any federal, state, and
1189	local government contributions as well as private donations to
1190	fund SAFE Master Plan projects.
1191	(b)  The council shall review and approve or disapprove
1192	each project eligible to be funded pursuant to this act. The
1193	council shall annually submit a list of projects which have been
1194	approved by the council to the Secretary of Transportation, the
1195	Secretary of Community Affairs, the executive director of the
1196	Department of Law Enforcement, and the director of the Office of
1197	Tourism, Trade, and Economic Development. The list shall specify
1198	the recommended funding level for each project, and, if staged
1199	implementation of the project is appropriate, the funding
1200	requirements for each stage shall be specified.
1201	1.  The Department of Community Affairs shall review the
1202	list of projects approved by the council to determine
1203	consistency with approved local government comprehensive plans
1204	of the units of local government in which the airport is located
1205	and consistency with the airport master plan. The Department of
1206	Community Affairs shall identify and notify the council of those
1207	projects which are not consistent, to the maximum extent
1208	feasible, with such comprehensive plans and airport master
1209	plans.
1210	2.  The Department of Transportation shall review the list
1211	of projects approved by the council for consistency with the
1212	Florida Transportation Plan and the department's adopted work
1213	program. In evaluating the consistency of a project, the
1214	department shall determine whether the transportation impact of
1215	the proposed project is adequately handled by existing state-
1216	owned transportation facilities or by the construction of
1217	additional state-owned transportation facilities as identified
1218	in the Florida Transportation Plan and the department's adopted
1219	work program. In reviewing for consistency a transportation
1220	facility project as defined in s. 334.03(28)(31) which is not
1221	otherwise part of the department's work program, the department
1222	shall evaluate whether the project is needed to provide for
1223	projected movement of cargo or passengers from the airport to a
1224	state transportation facility or local road. If the project is
1225	needed to provide for projected movement of cargo or passengers,
1226	the project shall be approved for consistency as a consideration
1227	to facilitate the economic development and growth of the state
1228	in a timely manner. The department shall identify those projects
1229	which are inconsistent with the Florida Transportation Plan and
1230	the adopted work program and shall notify the council of
1231	projects found to be inconsistent.
1232	3.  The Office of Tourism, Trade, and Economic Development,
1233	in consultation with Enterprise Florida, Inc., shall review the
1234	list of projects approved by the council to evaluate the
1235	economic benefit of the project and to determine whether the
1236	project is consistent with the SAFE Master Plan. The Office of
1237	Tourism, Trade, and Economic Development shall review the
1238	economic benefits of each project based upon the rules adopted
1239	pursuant to paragraph (a). The Office of Tourism, Trade, and
1240	Economic Development shall identify those projects which it has
1241	determined do not offer an economic benefit to the state or are
1242	not consistent with the SAFE Master Plan and shall notify the
1243	council of its findings.
1244	4.  The Department of Law Enforcement shall review the list
1245	of projects approved by the council for consistency with
1246	domestic security provisions of ss. 943.03101, 943.0311, and
1247	943.0312. The Department of Law Enforcement shall identify those
1248	projects that it has determined are inconsistent with the
1249	state's strategic plan for domestic security and shall notify
1250	the council of its findings.
1251	Section 18.  Section 336.01, Florida Statutes, is amended
1252	to read:
1253	336.01  Designation of county road system.--The county road
1254	system shall be as defined in s. 334.03(6)(8).
1255	Section 19.  Subsection (2) of section 338.222, Florida
1256	Statutes, is amended to read:
1257	338.222  Department of Transportation sole governmental
1258	entity to acquire, construct, or operate turnpike projects;
1259	exception.--
1260	(2)  The department may contract with any local
1261	governmental entity as defined in s. 334.03(12)(14) for the
1262	design, right-of-way acquisition, or construction of any
1263	turnpike project which the Legislature has approved. Local
1264	governmental entities may negotiate with the department for the
1265	design, right-of-way acquisition, and construction of any
1266	section of the turnpike project within areas of their respective
1267	jurisdictions or within counties with which they have interlocal
1268	agreements.
1269	Section 20.  Paragraph (a) of subsection (2) of section
1270	403.7211, Florida Statutes, is amended to read:
1271	403.7211  Hazardous waste facilities managing hazardous
1272	wastes generated offsite; federal facilities managing hazardous
1273	waste.--
1274	(2)  The department shall not issue any permit under s.
1275	403.722 for the construction, initial operation, or substantial
1276	modification of a facility for the disposal, storage, or
1277	treatment of hazardous waste generated offsite which is proposed
1278	to be located in any of the following locations:
1279	(a)  Any area where life-threatening concentrations of
1280	hazardous substances could accumulate at any residence or
1281	residential subdivision as the result of a catastrophic event at
1282	the proposed facility, unless each such residence or residential
1283	subdivision is served by at least one arterial road or urban
1284	minor arterial road that, as defined in s. 334.03, which
1285	provides safe and direct egress by land to an area where such
1286	life-threatening concentrations of hazardous substances could
1287	not accumulate in a catastrophic event. Egress by any road
1288	leading from any residence or residential subdivision to any
1289	point located within 1,000 yards of the proposed facility is
1290	unsafe for the purposes of this paragraph. In determining
1291	whether egress proposed by the applicant is safe and direct, the
1292	department shall also consider, at a minimum, the following
1293	factors:
1294	1.  Natural barriers such as water bodies, and whether any
1295	road in the proposed evacuation route is impaired by a natural
1296	barrier such as a water body;
1297	2.  Potential exposure during egress and potential
1298	increases in the duration of exposure;
1299	3.  Whether any road in a proposed evacuation route passes
1300	in close proximity to the facility; and
1301	4.  Whether any portion of the evacuation route is
1302	inherently directed toward the facility.
1303
1304	For the purposes of this subsection, all distances shall be
1305	measured from the outer limit of the active hazardous waste
1306	management area. "Substantial modification" includes: any
1307	physical change in, change in the operations of, or addition to
1308	a facility which could increase the potential offsite impact, or
1309	risk of impact, from a release at that facility; and any change
1310	in permit conditions which is reasonably expected to lead to
1311	greater potential impacts or risks of impacts, from a release at
1312	that facility. "Substantial modification" does not include a
1313	change in operations, structures, or permit conditions which
1314	does not substantially increase either the potential impact
1315	from, or the risk of, a release. Physical or operational changes
1316	to a facility related solely to the management of nonhazardous
1317	waste at the facility shall not be considered a substantial
1318	modification. The department shall, by rule, adopt criteria to
1319	determine whether a facility has been substantially modified.
1320	"Initial operation" means the initial commencement of operations
1321	at the facility.
1322	Section 21.  Subsection (24) of section 479.01, Florida
1323	Statutes, is amended to read:
1324	479.01  Definitions.--As used in this chapter, the term:
1325	(24)  "Urban area" has the same meaning as defined in s.
1326	334.03(29)(32).
1327	Section 22.  (1)  The Legislature hereby finds and declares
1328	that there is a shortage of current funds available to pay for
1329	capacity projects on the state road system and desires to study
1330	the possibility of certain counties advancing funds for the
1331	payment of the costs of such projects.
1332	(2)  The Northwest Florida Regional Transportation Planning
1333	Organization, an interlocal agency under part I of chapter 163,
1334	Florida Statutes, is directed to study the feasibility of
1335	advance-funding the costs of capacity projects in its member
1336	counties. The Department of Transportation shall assist the
1337	organization in conducting the study.
1338	(3)  By February 1, 2010, the Northwest Florida Regional
1339	Transportation Planning Organization shall provide a study to
1340	the Governor, the President of the Senate, the Speaker of the
1341	House of Representatives, the department, any metropolitan
1342	planning organization in any county served by the organization,
1343	and the counties served by the organization discussing the
1344	financial viability of advancing transportation funds to pay for
1345	current capacity projects. The study must be based on the
1346	following assumptions:
1347	(a)  Any advanced projects must be consistent with the
1348	Northwest Florida Regional Transportation Planning
1349	Organization's 5-year plan and the department's work program.
1350	(b)  Any bonds shall have a maturity not to exceed 30
1351	years.
1352	(c)  A maximum of 25 percent of the department's capacity
1353	funds allocated to the counties served by the Northwest Florida
1354	Regional Transportation Planning Organization may be used to pay
1355	debt service on the bonds.
1356	(d)  The funds may only be advanced for the following
1357	components of a construction project on a state road: planning,
1358	engineering, design, right-of-way acquisition, and construction.
1359	(e)  The cost of the projects must be balanced with the
1360	funds available from the bonds.
1361	(f)  The department shall have final approval of the
1362	projects financed through advanced funds.
1363	(4)  The study shall contain:
1364	(a)  An analysis of the financial feasibility of advancing
1365	capacity projects.
1366	(b)  A long-range finance plan, including an estimate of
1367	the annual debt service on the bonds.
1368	(c)  A tentative list of capacity projects and the priority
1369	in which they would be advanced. These projects must be
1370	consistent with the criteria in s. 339.135(2)(b), Florida
1371	Statutes.
1372	(d)  A 5-year work program of the projects to be advanced.
1373	This program must be consistent with chapter 339, Florida
1374	Statutes.
1375	(e)  A report of any statutory changes, including a draft
1376	bill, needed to give the Northwest Florida Regional
1377	Transportation Planning Organization the ability to advance
1378	construction projects. The draft bill language shall address, at
1379	a minimum:
1380	1.  Developing a list of road projects to be advanced,
1381	consistent with the organization's 5-year plan.
1382	2.  Giving the department the authority to review projects
1383	to determine consistency with its current work program.
1384	3.  Giving the organization the authority to issue bonds
1385	with a maturity of not greater than 30 years.
1386	4.  Requiring proceed of the bonds to be delivered to the
1387	department to pay the cost of completing the projects.
1388	5.  Requiring the road projects to be consistent with the
1389	organization's 5-year plan.
1390	6.  Permitting any participating county to elect to
1391	undertake responsibility for the payment of a portion of the
1392	cost of any project in the county pursuant to an agreement with
1393	the organization and the department.
1394	7.  Providing that, in each year that the bonds are
1395	outstanding, no more than 25 percent of the state transportation
1396	funds for capacity projects within the area of operation of the
1397	organization shall be paid over to the organization for the
1398	purpose of paying debt service on bonds the organization issued
1399	for such capacity projects. Such payments shall be made in lieu
1400	of programming such capacity funds for the direct annual capital
1401	costs of such projects.
1402	8.  Providing that, in the event that the capacity funds
1403	allocated to the member counties of the organization are less
1404	than the amount needed to satisfy the payment requirements under
1405	the contract, the department shall defer the funded capacity on
1406	any other projects in the member counties of the organization to
1407	the extent necessary to make up such deficiency, so as to enable
1408	the organization to make the required debt service payments on
1409	the bonds or to replenish the reserves established for the bonds
1410	which may have been used to make up such deficiency.
1411	9.  Providing that the bonds shall state on their face that
1412	they do not constitute a pledge of the faith or taxing power of
1413	the state, and no holder of any bond shall have the right to
1414	compel payment of the bonds from any funds of the state, other
1415	than amounts required to be paid to the organization under the
1416	contract. The bonds shall be limited and special obligations
1417	payable solely from the sources described herein.
1418	10.  Establishing such other terms and provisions as may be
1419	deemed reasonable and necessary to enable the organization to
1420	market the bonds at the most advantageous rates possible.
1421	Section 23.  Florida Transportation Revenue Study
1422	Commission.--
1423	(1)  The Legislature finds and declares that the costs of
1424	preserving investments in transportation infrastructure and
1425	eliminating or reducing congestion in the movement of people and
1426	goods is expected to substantially increase and those costs will
1427	have a commensurate effect on the state's economy, environment,
1428	and quality of life.
1429	(2)  The Florida Transportation Revenue Study Commission is
1430	created for the purpose of studying state, regional, and local
1431	transportation needs and developing new and innovative funding
1432	options and recommendations that address this state's future
1433	transportation needs. The commission shall submit a written
1434	report to the Legislature containing its findings and
1435	recommendations by January 1, 2011. The report presented by the
1436	commission shall, at a minimum, include findings and
1437	recommendations regarding:
1438	(a)  The stability of existing transportation revenue
1439	sources, taking into account energy-efficient vehicles, emerging
1440	technologies, alternative fuels, and other state and federal
1441	initiatives.
1442	(b)  The funding needs of state, regional, and local
1443	transportation facilities and services and the ability to
1444	address those needs.
1445	(c)  New and innovative funding options that can be used by
1446	the state, metropolitan planning organizations, local
1447	governments, and other major transportation providers to fund
1448	transportation facilities and services.
1449	(3)  The commission shall consist of 13 members. Three
1450	members shall be appointed by the Governor, three members shall
1451	be appointed by the President of the Senate, and three members
1452	shall be appointed by the Speaker of the House of
1453	Representatives. One member shall be the Secretary of
1454	Transportation, or the secretary's designee, one member shall be
1455	appointed by the Metropolitan Planning Organization Advisory
1456	Council, one member shall be appointed by the Florida
1457	Association of Counties from among its members, and one member
1458	shall be appointed by the Florida League of Cities from among
1459	its members. The membership of the commission must represent
1460	transportation organizations, local governments, developers and
1461	homebuilders, the business community, the environmental
1462	community, transportation labor organizations, and other
1463	appropriate stakeholders in the transportation system. One
1464	member shall be designated by the Governor as chair of the
1465	commission. Members shall be appointed to a term that ends upon
1466	adjournment sine die of the 2011 regular legislative session.
1467	Any vacancy that occurs on the commission shall be filled in the
1468	same manner as the original appointment. Members of the
1469	commission shall serve without compensation, but are entitled to
1470	reimbursement for per diem and travel expenses in accordance
1471	with s. 112.061, Florida Statutes, while in performance of their
1472	duties.
1473	(4)  The first meeting of the commission shall be held by
1474	October 1, 2009, and thereafter the commission shall meet at the
1475	call of the chair but not less frequently than three times per
1476	year. Each member of the commission is entitled to one vote and
1477	actions of the commission are not binding unless taken by a
1478	majority vote of the members present. A majority of the
1479	membership constitutes a quorum at any meeting of the
1480	commission. The commission may adopt its own rules of procedure
1481	and has such other powers as are necessary to complete its
1482	responsibilities.
1483	(5)  The Center for Urban Transportation Research at the
1484	University of South Florida shall provide staff and other
1485	resources necessary to assist the commission in accomplishing
1486	its goals. All agencies under the control of the Governor are
1487	directed, and all other federal, state, and local agencies are
1488	requested, to render assistance to, and cooperate with, the
1489	commission.
1490	Section 24.  Funding for the Florida Transportation Revenue
1491	Study Commission.--The sum of $225,000 in federal metropolitan
1492	planning funds is appropriated from the State Transportation
1493	Trust Fund to the Center for Urban Transportation Research at
1494	the University of South Florida for each of the 2009-2010 and
1495	2010-2011 fiscal years for the purpose of paying the expenses of
1496	staff services and providing other related assistance to the
1497	Florida Transportation Revenue Study Commission.
1498	Section 25.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.